Investors & landlords

You should have given them a W-9 form before you hired them.  On that form, they either give you their tax number so you can send a 1099, or they certify that they are not subject to the 1099 rules.  You keep the W-9 as proof that you complied with the 1099 rules either way.

 

As a business, you are required to issue a 1099 if you pay more than $600 to a person, sole proprietor, single member LLC, multi-member LLC or partnership.  You don't have to issue a 1099 to an S- or C-corp, or to an LLC that has elected to be taxed as an S- or C-corp.  That's why you get the W-9 form before you hire them, because they will certify if they are exempt from the 1099 requirement.

 

Get a W-9, and issue the 1099 based on what they tell you.  Since this was compensation for a service, it will be a 1099-NEC. 

 

In some cases, if the payee refuses to give you a signed W-9, you are required to withhold 24% of the payment and send it to the IRS as backup withholding (they get credit for it when they file their tax return).  You can be subject to penalties if you don't take backup withholding when required. 

 

https://www.irs.gov/instructions/i1099msc#idm140364727514192

 

https://www.irs.gov/pub/irs-pdf/fw9.pdf