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With which state/s must the payer file Form 1099-MISC?

Personal Finance & Money Asked on December 24, 2020

I’m the president of a C corporation that’s incorporated in Delaware.

The C corp is physically located in Connecticut (where I live and work). My cofounder lives & works in Colorado. So, we have foreign qualifications in both Connecticut & Colorado.

We hired an app developer located in New Jersey as an independent contractor. (I imagine he was in New Jersey when he did his work for us, but I don’t know. He did his work for us remotely.)

We are filing Form 1099-MISC on paper with the IRS. We are not participating in the Combined Federal/State Filing (CF/SF) Program.

With which state/s (if any) must we file Form 1099-MISC?

One Answer

I called the Connecticut State Department of Revenue Services. The lady on the phone said we didn't have to file a 1099-MISC for Connecticut, I guess because the services weren't performed in Connecticut.

Payers who issue Forms 1099-MISC to report payments made to Connecticut resident individuals or, payments to nonresident individuals if the payments relate to services performed wholly or partly in Connecticut, are required to provide copies of these Forms 1099-MISC to the Department or Revenue Services on or before February 28th, even though no Connecticut income tax was withheld.

Source: 1099-MISC reporting requirements - CT.gov

I called the Main Customer Service Center for the New Jersey Division of Taxation. The lady on the phone said that we didn't have to file a 1099-MISC for New Jersey because we didn't withhold any taxes, but the amount we paid was $1,000, so I'm not sure if what she said is correct.

You must file Form 1099 information returns when the amount paid or credited is $1,000 or more in a calendar year or if any New Jersey Income Tax was withheld from the payment

Source: NJ-WT - Instruction Booklet for Employers and Others Who Withhold NJ Gross Income Tax

I don't think we need to file a 1099-MISC for Delaware or Colorado.

Answered by ma11hew28 on December 24, 2020

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