Does 1099 income belong in 2017 or 2018?

[hdulc]

I wrote a check to an independent contractor in December 2017, but he deposited that check in 2018. When I send him the 2017 1099-MISC form, should I include it as part of the total or does that belong in a 2018 1099-MISC? And along the same lines, to I deduct that amount as a business expense on my Schedule C in 2017 or in 2018?

[TomYoung · Accepted solution]

The 1099-MISC is issued by you and reflects payments you made in the year 2017, period.  It's an expense to you in 2017.  If mail delay caused the check to not be received by the contractor until 2018 then he's got a "timing difference" issue he has to address on his own income tax return.  If he actually received the check in 2017 but delayed depositing it until 2018 it's income to him.  Either way, it's not an issue that concerns you.

Tom Young

[elderjd]

We received a 1099 for 2017 on February 6, 2018.  The payment was actually received in January of 2018 and we have a signed release document to support this (from the law firm).  Do you agree this income is allowable to be submitted for 2018 Income Taxes?

[TomYoung]

I don't really know your fact situation so I can't agree or disagree.  It comes down to the concept of "constructive receipt" and you can read the IRS's brief discussion of what that means here:
<a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p538#en_US_201612_publink1000270642">https://www.irs.gov/publicatio...>

[elderjd]

Thank you Tom.  Those clauses in #538 were very helpful.