How do I properly issue an IRS Form 1099-NEC to a freelancer or contractor I paid in California?
To properly issue an IRS Form 1099-NEC in California, you must collect the contractor's information, file the form with the IRS, send a copy to the contractor, and separately report the contractor to California's Employment Development Department (EDD). Here are the steps:
Step 1: Confirm Worker Classification
Before issuing a 1099-NEC, you must ensure the worker is legally an independent contractor under California's strict "ABC Test" (Labor Code 2775). Misclassifying an employee as a contractor can lead to severe penalties.
Step 2: Collect a Form W-9 from the Contractor
Before you pay the contractor, have them complete and sign an IRS Form W-9. This form provides you with their legal name, address, and Taxpayer Identification Number (TIN), which you need to complete the 1099-NEC.
Step 3: Complete and Distribute Form 1099-NEC
If you paid the contractor $600 or more during the calendar year, you must complete Form 1099-NEC. By January 31 of the following year, you must send Copy B to the contractor and file Copy A with the IRS. The IRS encourages electronic filing through its FIRE system.
Step 4: Report to California's Employment Development Department (EDD)
Within 20 days of paying a contractor $600 or more, you must report the hire to the EDD. You can do this by submitting a Form DE 542, Report of Independent Contractor(
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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