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1099-NEC vs 1099-MISC: Which Form for Which Payment (2026)

Austin Semple••8 min read

Form 1099-NEC is for work; Form 1099-MISC is for almost everything else. Pay a contractor, a sub, a freelancer, or an attorney for their services, and it goes on a 1099-NEC. Pay rent, royalties, a prize that isn't for work, medical payments, or a settlement through a lawyer, and it goes on a 1099-MISC. For payments made in 2026, most boxes on both forms start at $2,000, up from $600. The NEC is due February 1, 2027, to the IRS and the recipient. The MISC goes to the recipient by the same day and to the IRS by March 31, 2027 if you e-file.

Most small businesses only ever file NECs. The MISC shows up when you rent a building or a machine, pay a settlement, or give away a prize. Here is how to tell them apart for 2026.

The short version

You paidForm and box2026 threshold
A contractor, sub or freelancer for work1099-NEC, box 1a$2,000
An attorney's fees for legal services1099-NEC, box 1a$2,000
Rent for a building, yard or equipment1099-MISC, box 1$2,000
Royalties1099-MISC, box 2$10
A prize or award not for services1099-MISC, box 3$2,000
A doctor, clinic or other medical provider, as a business1099-MISC, box 6$2,000
Money through an attorney that isn't their fee, like a settlement1099-MISC, box 10$600

The test underneath every row is the same: was the payment for someone's services? If yes, it is nonemployee compensation, and it goes on the NEC. If it was for the use of property, a prize, or money passing through, it goes on the MISC.

Two older rules still apply to both forms. Only business payments count, not personal ones. And payments by credit card, debit card or a payment app like PayPal are reported by the processor on a 1099-K, not by you.

Form 1099-NEC, box by box

The 2026 NEC has new boxes. Box 1 is now box 1a.

BoxWhat goes in it
1aNonemployee compensation: $2,000 or more for services
1b, 1cCash tips, and the Treasury tipped-occupation code (new for 2026)
1dOvertime compensation (new for 2026)
2A checkbox for direct sales of $5,000 or more of consumer products for resale
3Excess golden parachute payments, moved here from the MISC
4Federal income tax withheld, including backup withholding
5 to 7State information

For most businesses, box 1a and possibly box 4 are the whole form. If you backup withheld from a contractor who never sent a W-9, you file an NEC for them whatever the amount, with the withholding in box 4.

Form 1099-MISC, box by box

BoxWhat goes in it2026 threshold
1Rents$2,000
2Royalties$10
3Other income, including prizes and awards not for services$2,000
4Federal income tax withheldAny amount
5Fishing boat proceedsAny amount
6Medical and health care payments$2,000
7Direct sales of $5,000 or more (checkbox)$5,000
8Substitute payments in lieu of dividends or interest$10
9Crop insurance proceeds$2,000
10Gross proceeds paid to an attorney$600
11Fish purchased for resale$600
12Section 409A deferrals$2,000
13a, 13b, 14Cash tips, tipped-occupation code, overtime (new for 2026)
15Nonqualified deferred compensation$2,000
16 to 18State information

Notice what did not move to $2,000: royalties ($10), substitute payments ($10), attorney gross proceeds ($600), and fish purchases ($600). Nonqualified deferred compensation and the state boxes moved down two numbers to make room for the new ones.

The cases that trip people up

Equipment with an operator. Renting a skid steer is rent, MISC box 1. Renting a crane and its operator is two payments: prorate the bill between the machine, on the MISC, and the operator's charge, which is nonemployee compensation on the NEC.

Parts and labor on one bill. A sub who bills you for labor and the materials on the job gets an NEC for the whole bill, when supplying the materials was incidental to the service. Parts you buy on their own from a supply house are merchandise and aren't reported at all.

Attorneys. The lawyer who drafted your contracts gets an NEC for their fees. The plaintiff's lawyer you pay a $15,000 settlement to gets a MISC, box 10, for $15,000. Both are reportable even if the firm is a corporation, which is the exception to the usual rule that corporations don't get 1099s.

Rent through a property manager. Rent paid to a real estate agent or property manager isn't reported by you. The agent reports what it passes to the owner. Rent paid straight to the owner, if the owner isn't a corporation, is MISC box 1.

Prizes and awards. A $2,500 prize in a customer drawing is MISC box 3. An award to a nonemployee for their work, like a bonus to your top outside salesperson, is NEC box 1a.

Travel reimbursements. If a contractor's travel costs are reimbursed without the contractor accounting to you for them, the reimbursement goes in NEC box 1a with their fee.

Medical payments. A shop that pays a clinic for pre-employment drug tests or physicals reports it in MISC box 6 at $2,000 or more, and that includes clinics that are corporations.

Who doesn't get either form

  • Corporations, including LLCs taxed as C or S corporations, except for attorneys and medical providers
  • Employees, whose pay is on the W-2
  • Anyone you paid by card or payment app, who gets a 1099-K from the processor
  • Merchandise, freight, storage, telephone and similar items
  • Tax-exempt organizations and government agencies
  • Personal payments, like the plumber at your house

The details on LLCs, partnerships, foreign contractors and the rest are in who gets a 1099.

Different forms, different due dates

For 2026 paymentsTo the recipientTo the IRS
1099-NECFebruary 1, 2027February 1, 2027
1099-MISCFebruary 1, 2027 (February 16 with box 8 or 10)March 1, 2027 on paper, March 31, 2027 electronically

The usual NEC date is January 31; in 2027 it is a Sunday. The MISC's later IRS date is why getting the form right matters: an NEC filed on the MISC's schedule is two months late. If you file 10 or more information returns of all kinds in total, you must file them electronically, and from 2027 that means through IRIS or a filer that uses it.

The 2026 threshold post has a full worked example and the penalties, and what to do if a 1099 is late or wrong has the fixes.

How Poof picks the form

In Poof, each vendor's payments for the year are sorted by how you paid them, so card and PayPal payments come out of the total, and checked against the year's threshold. Poof prepares the 1099-NEC or 1099-MISC for each one who crosses it, from the books or from a list you type in or upload.

Approve them with one signature and Poof files both forms with the IRS, emails each contractor who agreed their copy and mails the rest, and sends you the IRS receipt. The first 3 forms each year are free, then $2.49 a form, and $1.79 for each copy Poof mails. You never need an IRS filer code. More on the ways to file in how to file 1099s online for 2026.

*General information, not tax advice; your CPA has the final word.*

*Written by Austin Semple, a former controller: two years in audit, seven running the books for small businesses, and the founder of Poof. Poof files your 1099-NEC and 1099-MISC forms with the IRS; the first 3 forms each year are free. File your 1099s, no card required.*

Frequently asked questions

What is the difference between a 1099-NEC and a 1099-MISC?

Form 1099-NEC reports payments for services by someone who isn't your employee: contractors, subs, freelancers, and attorneys' fees. Form 1099-MISC reports other business payments: rent, royalties, prizes and awards not for services, medical and health care payments, and gross proceeds paid to an attorney, such as a settlement. For payments made in 2026, both start at $2,000 for most boxes.

Is rent reported on a 1099-NEC or a 1099-MISC?

On Form 1099-MISC, box 1, if you paid $2,000 or more in 2026 to a landlord who isn't a corporation. Rent paid to a real estate agent or property manager is not reported by you; the agent reports what it passes to the owner. Equipment rental is rent too, but if the rental includes an operator, the operator's share is nonemployee compensation on a 1099-NEC.

Do attorney payments go on a 1099-NEC or 1099-MISC?

It depends on what the payment is for. Fees for the attorney's own legal services go on Form 1099-NEC, box 1a, at $2,000 or more. Money paid to an attorney that isn't for their services, like a settlement you pay through the plaintiff's lawyer, goes on Form 1099-MISC, box 10, starting at $600. Both are reportable even if the law firm is a corporation.

When are the 2026 1099-NEC and 1099-MISC due?

The 1099-NEC is due February 1, 2027, to both the IRS and the contractor. The 1099-MISC goes to the recipient by February 1, 2027 (February 16 if box 8 or box 10 is filled in), and to the IRS by March 1, 2027 on paper or March 31, 2027 electronically.

If I paid a contractor for parts and labor, do I report the whole amount?

Yes, if the parts were incidental to the service. The IRS says nonemployee compensation includes payment for parts or materials used to perform the services when supplying them was incidental to providing the service. A sub who bills you for labor and the materials on the job gets a 1099-NEC for the whole bill. Merchandise you buy on its own, like parts from a supply house, is not reported at all.

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