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Updated almost 3 years ago, 12/27/2021
What is the deal with 1099-NEC, rentals, and ICs?
I work with a few independent contractors on rehab projects. These ICs are either sole proprietors or work in their sole member LLC. I started reading into 1099-NEC and from posts on BP and elsewhere it sounds like I have to get W-9s filled out from my contractors, and then file a 1099-NEC for each IC by Jan 31, 2022.
However, I just spoke to my accountant, and he said that I only need to send out 1099-NEC if the were working with me and I was the one sending invoices to my ICs. The roles are reversed in reality, and I receive invoices from the ICs, therefore I don't need to send out 1099s. Is this correct?
I read so many mixed opinions on this topic, some say don't file and take the few hundred dollar fine if you are audited, some say the fine is HUGE because IRS assumes without W-9 filled out you have to withhold 24% of payment to the ICs, some even say I don't need to send 1099 as long as I am not in the trade or business of real estate activity (which I don't believe that I am). Can someone please spell out the correct path here, thank you.