Wisconsin Nonemployee Director Checklist

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US-DD06024
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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 may have looked in Box 7 of Form 1099-MISC to see how much a business or client reported that they paid you. Now, that information comes from Form 1099-NEC starting in tax year 2020. However, you can still use Form 1099-MISC for reporting nonemployee compensation for tax years prior to 2020.

Yes, as a director, your fees are not considered employee wages or a salary (W-2). Instead, the IRS considers you to be an independent contractor and your income is reported on Form 1099-MISC in Box 7 (Nonemployee Compensation) and this is what you will use when you file your 1040.

On the self-employment tax issue, the IRS ruled in 1972, that director fees are self-employment income subject to self-employment tax.

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

Wisconsin requires 1099-NEC filing. Recommended filing method: Combined Federal State Filing Program (CFSFP). Scenario 2: Wisconsin requires 1099-NEC filing, if there were Wisconsin state taxes withheld. Recommended filing method: Electronic.

As of 2020, box 7 is used to indicate the payer made direct sales of $5,000 or more of consumer products to a buyer. These products are generally direct sales of a product intended to be resold. There are numerous situations this applies to, but the best illustration of using box 7 is multi-level marketing companies.

NEC The NEC is part of the Combined Federal and State program for tax year 2021. If your state participates in this program, you likely have no additional requirements to submit files to your state; however, it is your responsibility to be fully cognizant of your state's rules.

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

Payers may use either box 2 on Form 1099-NEC or box 7 on Form 1099-MISC to report any sales totaling $5,000 or more of consumer products for resale, on a buy-sell, a deposit-commission, or any other basis.

Typically, fees paid to corporate directors who perform minor or no services for the corporation are reported on a Form 1099-MISC, Miscellaneous Income, and are subject to self-employment tax because such directors are not employees of the corporation, as described in Regs.

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Wisconsin Nonemployee Director Checklist