If You Forget to Issue the 1099s, Do you Lose Deductions?

Did You Forget to Issue 1099s?

Imagine this: you didn’t issue Form 1099s to your contract labor/services vendors. Now, the IRS is auditing your tax return, and the auditor claims you lose your deductions because you didn’t issue the Form 1099s. Is this correct?

The Answer

No. IRS auditors often make this claim, but they are incorrect.

The Deduction

Compensation for services rendered to your medical practice is a deductible business expenses, provided that the expenses are ordinary and necessary in the course of your business. There is no provision in the tax law that denies you a deduction for labor expenses simply because you didn’t file the required Form 1099s. But the tax court has stated that the non-filing of required Form 1099s can cast doubt on the legitimacy of the deduction claimed.

The Proof

As with any deduction claimed on the tax return, you have to keep sufficient records to substantiate the deduction amount. If you had filed Form 1099s, then this would have been solid documentation to help prove the expenses to the auditor. But since you didn’t file Form 1099s, you need to provide ironclad documentation to prove the expenses, including some or all of the following:

• Bank statement transactions
• Canceled checks
• Credit card statement transactions
• Invoices from the contractor
• Signed agreements with the contractor
• Signed statement from the contractor verifying the amounts received

Ultimately, to prove your deduction in a court of law, should you have to go that far, you’ll need to show by a preponderance of the evidence that you made the payments. This means that your evidence has to make it more than 50 percent likely that you did make the payments to the contractors.

Preparing and Filing 1099s

Here is when you don’t have to issue a 1099 to a vendor:

• Payments made to a corporation
• Payments made to a LLC taxed as a corporation
• Payments made by credit card or a third-party network such as PayPal

Besides the extra trouble of proving the deductions, keep in mind that the cost of not filing Form 1099s surfaces a financial penalty.

Additional Resources on Physician Taxes

• Tax and Accounting services for Physicians and Medical Practices
• Its IRS Tax Form 1099 Misc Time for Physician Medical Practices

About the Author

Reed Tinsley CPA

This article is written by Reed Tinsley, a Houston, TX-based CPA with over 30 years of experience advising physicians and medical practices across Texas and the United States. Reed holds certifications as a Certified Valuation Analyst (CVA), Certified Healthcare Business Consultant (CHBC), and Certified Financial Planner (CFP), specializing exclusively in the healthcare sector. He is a published author, nationally recognized speaker, and trusted advisor to physicians on accounting & tax, practice management, and financial planning. Schedule a Free Consultation.