Form 1099-K Update

The IRS has expanded its reporting requirements for payments made through third-party settlement organizations (TPSOs). The common ones are Venmo, PayPal, eBay, Etsy, StubHub, Airbnb, and similar platforms. The American Rescue Plan Act of 2021 lowered the reporting threshold from $20,000 and 200 transactions per year to $600. The IRS introduced this change to address the perceived underreporting of income and ensure taxes are collected on these payments

The law required TPSOs to report payments totaling $600 or more on Form 1099-K. However, the IRS delayed implementation due to concerns about the burden this posed for taxpayers. Now, the IRS has adopted a phased approach to this reporting requirement. The threshold is $5,000 in 2024, $2,500 in 2025, and finally reduced to $600 starting in 2026.

According to IRS Notice 2024-85, the agency will not impose penalties under sections 6651 or 6656 for a TPSO’s failure to withhold and remit backup withholding taxes on payments made during 2024. However, TPSOs that conduct backup withholding for payees in 2024 must still file Form 945 and Form 1099-K with the IRS and provide payees with copies.

Starting in 2025, the IRS will enforce penalties for TPSOs that fail to withhold and remit backup withholding taxes. This phased implementation gives TPSOs and taxpayers additional time to adjust to the new reporting requirements while gradually increasing compliance oversight.