Payments to attorneys: which 1099?

Payments to lawyers are the main exception to the rule that corporations do not get 1099s. Which form you use depends on whether you paid for the lawyer's own services or paid money that passes through the lawyer, such as a settlement.

PaymentForm and boxThreshold for 2026
Fees for legal services provided to your business1099-NEC box 1a$2,000
Gross proceeds paid to an attorney, not for the attorney's services, for example a settlement1099-MISC box 10$600
Wages paid to an attorney who is your employeeForm W-2Not applicable
Profits paid to partners of a law partnershipSchedule K-1Not applicable

"Attorney" includes law firms and other providers of legal services. The corporation exemption does not apply to legal services, so a law firm organized as a corporation still gets a 1099.

Settlements: two forms for one payment

The IRS gives this example. A business pays $2,000 of taxable damages to a claimant by paying it to the claimant's attorney. It then furnishes:

In another IRS example, an insurance company pays a claimant's attorney $100,000 to settle a claim. It reports $100,000 in box 10. It does not report the attorney's fees that are later paid out of those funds.

These rules apply whether or not the legal services were provided to you, and whether or not the attorney is the only payee on the check.

Get the attorney's TIN

Ask for a W-9. An attorney must give you its TIN promptly, whether it is a corporation or not, but does not have to certify it. If the attorney does not provide a TIN, you must apply backup withholding to the reportable payments.

Filing in IRIS

Fees go in the 1099-NEC CSV and gross proceeds in the 1099-MISC CSV. Box 10 recipient copies are due February 16, 2027, later than the usual February 1. The IRIS CSV tool checks both files.

Frequently asked questions

Do I send a 1099 to a law firm that is a corporation?
Yes. The usual exemption for corporations does not apply to payments for legal services or to gross proceeds paid to attorneys.
I paid my business lawyer $1,800 in 2026. Do I file?
Not for fees under the $2,000 threshold for 2026, unless you withheld federal tax.
Why is the box 10 threshold $600 when everything else is $2,000?
Gross proceeds paid to attorneys fall under a different section of the tax code (6045(f)). The December 2026 instructions keep that threshold at $600.

Sources

Last reviewed November 1, 2026.

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