Massachusetts Nonemployee Director Checklist

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US-DD06024
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Description

This form is a due diligence checklist that outlines information pertinent to non-employee directors in a business transaction.

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FAQ

You must report directors' fees and other remuneration, including payments made after retirement, on Form 1099-NEC in the year paid.

Payments to attorneys. The term attorney includes a law firm or other provider of legal services. Attorneys' fees of $600 or more paid in the course of your trade or business are reportable in box 1 of Form 1099-NEC, under section 6041A(a)(1).

You report the fees you paid your directors on Line 26 of Form 1120, U.S. Corporate Income Tax Return. Line 26 is used for other expenses not previously listed on the tax return.

Self-employment taxes As a self-employed individual, you must pay Social Security and Medicare taxes. However, since your 1099-NEC income is not subject to employment-tax withholding, you're required to pay these taxes yourself.

In addition to individuals, a business may file a 1099-NEC to a partnership, estate or corporation. The 1099-NEC only needs to be filed if the business has paid you $600 or more for the year.

Who needs to file Form 1099-NEC? Any business that makes nonemployee compensation payments totaling $600 or more to at least one payee or withholds federal income tax from a nonemployee's payment, will now use this revamped form to report those payments and withholding.

You'll need to file Form 1099-NEC if you paid someone at least $600 during the year who meets these criteria: They are not your employee. You made payment for services in the course of your business in other words, this wasn't a personal payment. They are an individual, partnership or estate.

Companies must report directors' fees and other remuneration, including payments made after retirement, in box 1 on Form 1099-NEC in the year paid.

If you are doing your own tax return using a tax software program, you will be asked if you have any 1099 income. At this point, you can include the information from the form you received. If you are having a tax preparer do your personal return, give the form to your preparer along with your other documents.

You may either use box 7 on Form 1099-MISC or box 2 on Form 1099-NEC to report the direct sales totaling $5,000 or more. If you use Form 1099-NEC to report these sales, then you are required to file the Form 1099-NEC with the IRS by January 31.

More info

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Massachusetts Nonemployee Director Checklist