United States · IRS information returns · Forms due 2025 to 2027
1099 late filing penalty calculator.
Count the forms, pick the date you file, and see the section 6721 and 6722 penalty for a late 1099-NEC.
The IRS charges $60 per form if you file within 30 days after the due date, $130 if you file later but by August 1, and $340 after that or never. The same amounts apply again to each late recipient copy. For 2026 payments the 1099-NEC is due February 1, 2027.
Late forms
Result
What the penalty is made of
Two rules apply to a late Form 1099-NEC. Section 6721 of the Internal Revenue Code penalizes failing to file a correct information return with the IRS. Section 6722 penalizes failing to give the contractor a correct payee statement on time. They are separate penalties with separate yearly maximums, so a payer who did neither owes both. This page adds them together.
Each penalty is a flat dollar amount per form, set by when the failure is fixed. The three standard tiers are: corrected or filed within 30 days after the due date ($60), filed after that but on or before August 1 of the filing year ($130), and filed after August 1 or not filed ($340).
Per-form amounts by year
Copied from the revenue procedure for each filing year. The intentional-disregard column is the greater of the minimum shown or 10% of the amount that should have been reported.
| Payments made in | Within 30 days | Filed by Aug 1 | After Aug 1 or not filed | Intentional disregard | Source |
|---|---|---|---|---|---|
| 2026 payments (forms due 2027) | $60 | $130 | $340 | $690 or 10% | Rev. Proc. 2025-32, sections 4.57 and 4.58 |
| 2025 payments (forms due 2026) | $60 | $130 | $340 | $680 or 10% | Rev. Proc. 2024-40, sections 2.58 and 2.59 |
| 2024 payments (forms due 2025) | $60 | $130 | $330 | $660 or 10% | Rev. Proc. 2023-34, sections 3.58 and 3.59 |
Calendar-year maximums, shown as within 30 days / by August 1 / after. The 6721 and 6722 penalties each have their own cap.
| Payments made in | Small business | Over $5 million |
|---|---|---|
| 2026 payments | $244,500 / $698,500 / $1,397,000 | $698,500 / $2,095,500 / $4,191,500 |
| 2025 payments | $239,000 / $683,000 / $1,366,000 | $683,000 / $2,049,000 / $4,098,500 |
| 2024 payments | $232,500 / $664,500 / $1,329,000 | $664,500 / $1,993,500 / $3,987,000 |
How the calculator works, variable by variable
Payment year picks the revenue procedure and the due date. Payments made in 2026 are reported on forms due Monday, February 1, 2027; January 31, 2027 is a Sunday, so that date is our reading of the usual next-business-day rule, not a published IRS quote. Late forms and late recipient copies are counted separately because they carry separate penalties. Date filed sets the tier: a date on or before the due date means no penalty; up to 30 days after means $60; after that through August 1 means $130; later, or blank, means $340. Business size chooses the yearly cap. Intentional disregard replaces the tiers with the greater of the minimum or 10% of the amount per form, uncapped.
Worked examples (hypothetical)
A small business paid 12 contractors in 2026 (made-up figures).
- Filed March 15, 2027 (42 days late, so the $130 tier): 12 x $130 = $1,560 for the IRS copies, plus $1,560 if the contractor copies were also late. Total $3,120.
- Filed on March 3, 2027 (30 days late) would have cost 12 x $60 = $720 for the IRS copies, a saving of $840 for filing 12 days sooner.
- Never filed, never sent: 12 x $340 = $4,080 for the returns and $4,080 for the statements. Total $8,160, well under the $1,397,000 cap.
- Intentional disregard on 12 forms of $9,000 each: 10% is $900, which is more than the $690 floor, so $900 x 12 = $10,800 on the returns alone and no cap.
- A year earlier, 12 forms for 2025 payments filed February 20, 2026 (18 days late): 12 x $60 x 2 = $1,440.
Edge cases and common mistakes
- Counting dollars instead of forms. The standard penalty ignores the amount paid.
- Forgetting the contractor copy. Many payers e-file the IRS copy and skip the recipient's.
- Using the wrong threshold. For payments made after December 31, 2025 a 1099-NEC is required at $2,000 or more (Public Law 119-21, section 70433); earlier years used $600. Check with the 1099-K and 1099-NEC threshold checker.
- Missing the e-file rule. A payer with 10 or more information returns in a year must file electronically (General Instructions for Certain Information Returns).
Who this is for, and what it does not cover
It is for small businesses and bookkeepers who missed the 1099-NEC date and want the cost of filing now versus later. It does not apply reasonable cause relief, the de minimis correction rule, state penalties, penalties for corrected forms or backup withholding failures. For the full calendar see the W-2 and 1099 deadline planner; for IRS interest and other civil penalties see the IRS penalty and interest calculator.
Frequently asked questions
What is the penalty for filing a 1099-NEC late?
For 1099-NEC forms due in 2027 (payments made in 2026), the IRS charges $60 per form if it is filed within 30 days after the due date, $130 per form if filed after that but by August 1, and $340 per form after August 1 or if never filed. Section 6722 adds the same amounts for each late or incorrect copy sent to the contractor.
What is the penalty for not filing a 1099 at all?
$340 per form for forms due in 2026 or 2027, up to a calendar-year maximum of $1,366,000 (forms due 2026) or $1,397,000 (forms due 2027) for a business with average gross receipts of $5 million or less. If the contractor also never got a copy, a second $340 applies.
When is the 1099-NEC due in 2027?
For payments made in 2026, the deadline for both the IRS copy and the recipient copy is Monday, February 1, 2027, because January 31 falls on a Sunday.
Is the penalty based on how much I paid the contractor?
No. The standard penalty is a flat amount per form, whether the payment was $2,000 or $200,000. The exception is intentional disregard, which is the greater of $690 per form (forms due 2027) or 10% of the amount that should have been reported.
What is the maximum 1099 penalty for a small business?
A business with average annual gross receipts of $5 million or less over the last three years faces a yearly cap of $244,500 at the $60 tier, $698,500 at the $130 tier and $1,397,000 at the $340 tier for forms due in 2027. Larger businesses have higher caps; intentional disregard has none.
Can the 1099 late filing penalty be avoided?
The IRS says no penalty applies when the failure is due to reasonable cause and not willful neglect. A separate rule excuses the greater of 10 returns or 0.5% of your returns if you filed on time and corrected the errors by August 1.
Do I owe a penalty if I only sent the contractor their copy late?
Yes. The recipient statement is a separate section 6722 requirement with its own per-form penalty and yearly maximum, even if the IRS copy was on time.
Does this calculator cover 1099-MISC and 1099-K?
It measures lateness from the 1099-NEC due date. The per-form amounts are the same for 1099-MISC, but the IRS copy of most 1099-MISC forms is due later (March 31, 2026 electronically for 2025 payments), so a late 1099-MISC may sit in a cheaper tier than shown.
Sources
Retrieved October 20, 2026. Every link below returned HTTP 200 and the figures on this page were read from it. The per-form amounts and caps are from the section numbers named.
- IRS, Information return penalties (2026 and 2025 per-form amounts)
- IRS, General Instructions for Certain Information Returns (2025), Part O Penalties; due dates and e-file rule
- IRS Rev. Proc. 2025-32, sections 4.57 and 4.58 (returns and statements due in 2027)
- IRS Rev. Proc. 2024-40, sections 2.58 and 2.59 (due in 2026)
- IRS Rev. Proc. 2023-34, sections 3.58 and 3.59 (due in 2025)
- IRS, About Form 1099-NEC
- Public Law 119-21, section 70433 ($2,000 reporting threshold)
Reference, not tax advice
Figures come from the IRS documents linked above and are applied in your browser. Nothing you enter is sent anywhere. Your facts, reasonable cause and state rules decide the real penalty, so confirm with the IRS or a tax professional.