1099-NEC vs 1099-MISC: which form to use

The short rule: pay for services from someone who is not your employee, use 1099-NEC. Pay rent, royalties, prizes, medical payments or legal settlements, use 1099-MISC. The details below come from the IRS instructions revised December 2026.

Common payments and the right form

You paidForm and boxThreshold for 2026
A freelancer or contractor for services (parts and materials included)1099-NEC box 1a$2,000
A lawyer's fees for legal services, even a law firm that is a corporation1099-NEC box 1a$2,000
A settlement paid to a claimant's lawyer (gross proceeds)1099-MISC box 10$600
Rent for office space or equipment, paid to the owner1099-MISC box 1$2,000
Rent paid to a real estate agent or property managerNo 1099 from you. The manager reports the rent to the owner.Not applicable
Royalties1099-MISC box 2$10
Prizes and awards not for services, other income1099-MISC box 3$2,000
Doctors, clinics and other health care providers, corporations included1099-MISC box 6$2,000
Fishing boat proceeds1099-MISC box 5Any amount
Crop insurance proceeds (insurers)1099-MISC box 9$2,000
Consumer products sold to someone for resale1099-NEC box 2 or 1099-MISC box 7$5,000
Any of the above with federal backup withholdingBox 4 of the same formAny amount
Merchandise, freight, storage, telephoneNo 1099Not applicable
Payments by credit card or payment appNo 1099 from you. The payment company files Form 1099-K.Not applicable
Employees' wages, bonuses, prizesForm W-2, not a 1099Not applicable

The four-part NEC test

The IRS says a payment is generally nonemployee compensation when all four are true:

  1. The payee is not your employee.
  2. The payment is for services in the course of your trade or business. Nonprofits and government agencies count.
  3. The payee is an individual, partnership or estate, or in some cases a corporation.
  4. You paid the payee at least $2,000 in the year.

Payments for services that are not subject to self-employment tax go in 1099-MISC box 3 instead.

Payments to corporations

Payments to C or S corporations, including LLCs taxed as corporations, usually need no 1099. The exceptions are attorney fees (1099-NEC), gross proceeds paid to attorneys (1099-MISC box 10), medical and health care payments (1099-MISC box 6), substitute payments in lieu of dividends (box 8) and cash for fish bought for resale (box 11). The W-9 tells you how an LLC is taxed.

What differs when you file

Item1099-NEC1099-MISC
Due to the IRS (tax year 2026)February 1, 2027March 1, 2027 on paper, March 31, 2027 e-filed
Automatic 30-day extensionNoYes, in the IRIS portal
IRIS CSV template54 columns64 columns

IRIS needs a separate CSV for each form. The IRIS CSV tool builds both from the same contractor export. Run it once per form.

Frequently asked questions

Do I use 1099-NEC or 1099-MISC for a contractor?
Use 1099-NEC box 1a for services by a non-employee, if you paid $2,000 or more in 2026 or withheld federal tax.
Do I send a 1099 to my landlord?
Yes, 1099-MISC box 1, if you paid $2,000 or more in rent to the owner in 2026 and the landlord is not a corporation. If you pay a property manager or real estate agent, they report the rent to the owner instead.
Can I put NEC and MISC payments for the same person on one form?
No. Report services on 1099-NEC and the other payments on 1099-MISC. In IRIS, each form type also needs its own CSV file.

Sources

Last reviewed November 1, 2026.

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