Potentially Costly New 1099 Regulation Slipped into Healthcare Bill

Section 9006 of the 2010 Patient Protection and Affordable Care Act (aka ObamaCare) mandates that after December 31, 2011 all companies will have to issue 1099 tax forms not just to contract workers but to any individual or corporation from which they buy more than $600 in goods or services in a tax year.  Chris Edwards of The Cato Institute published an insightful article entitled Costly IRS Mandate Slipped Into Health Bill about the new regulations.

The bottom line could be that this change may radically alter the nature of 1099 filing and require businesses to issue millions of 1099 documents each year.  The two key changes are:

• 1099’s would be used to track payments not only for services but also for tangible goods.
• Businesses would be required to issue 1099’s not only to individuals and partnerships but also to corporations.  This list could include items such as a new computer purchase from Apple, airline tickets for next year’s conference, monthly office rent and phone bills.  Almost every vendor for every business would become a 1099 vendor.

The full impact of this new regulation won’t be known until the IRS issues its regulations.  That will probably happen sometime next year.  We will continue to update this blog as more details are made public.

The Cato Institute was founded in 1977 by Edward H. Crane, and is a highly-respected non-profit public policy research foundation headquartered in Washington, D.C.  For more information, visit www.cato.org.