Can businesses hand write 1099 forms and send them late??

Asked over 3 years ago - Big Rapids, MI

We recieved a 1099 form from a company we worked for in last Nov. and now recieved a hand written 1099 from the company and they never paid us for the time we worked for them and not what we just recieved in the mail today Feb. 16,2011 we have already filed our taxes.

Attorney answers (3)

  1. Michael Prozan

    Pro

    Contributor Level 14

    Answered . Well, there are a number of problems here.

    To my knowledge, nothing prohibits handwritten 1099 forms.

    To the extent they are late, you are damaged to the extent of time and energy that you needed to prepare an amended return and you may have a small claims court action against them for that.

    To the extent that they never paid you for the amount claimed in the 1099, that is a serious matter. Write them (copy to the IRS) asking them to file a corrected 1099 confirming that they never paid you. Write them separately and demand payment. You might want to pursue the payment issue in small claims court or with a lawyer if they do not respond.

  2. Bryant Keith Martin

    Contributor Level 18

    Answered . No, they should not file late, fraudulent 1099's. But that is not your problem. You must account for the false 1099 to the IRS. The right way to do it is to file an amended return with the false 1099 and an explanation, but that extends the statute of limitations. I would be inclined to submit it with a letter of explanation, you should probably check with a CPA on the best way to handle it. They know more about those issues than tax lawyers do.
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    (Bryant) Keith Martin
    sbbizlaw.com

  3. Henry Daniel Lively

    Contributor Level 20

    Answered . Yes, 1099 forms can be handwritten. Yes, they can be late. No, they should not be incorrect. If they are late the IRS may charge a penalty. However, even if a 1099 is not received and you receive income you need to report the income. A common misconception is that if you do not receive a 1099 the amount is not taxable. If the 1099 is incorrect, notify the company and tell them that they need to issue a corrected 1099 or you will notify the IRS of the problem.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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