Does a Corporation Have to Issue a 1099 to a Restaurant for a Party? | Bizfluent

Does a Corporation Have to Issue a 1099 to a Restaurant for a Party?

Does a Corporation Have to Issue a 1099 to a Restaurant for a Party?
Written By
Fraser Sherman
Fraser Sherman
Jan 30, 2013
2 minute read

The 1099-MISC tax form goes out to independent contractors who do jobs for other businesses. If your corporation pays a restaurant for a party or a business dinner, the corporation may have to send the restaurant a 1099-MISC. If so, a second copy goes to the Internal Revenue Service, reporting the payment. Your corporation, however, doesn't have to send every contractor a 1099 -- only if certain conditions are met.

Business Structure

Whether you send the restaurant a 1099-MISC depends on the business structure. Corporations, except law firms, don't get 1099s, so if the restaurant is a corporation, you don't send one. If it's a partnership or a sole proprietorship, you mail them and the IRS the form. You also send the restaurant a 1099 if it's owned by someone's estate. You pay whether you take the office out to the restaurant or have the meal catered.

Money

You don't send the restaurant a 1099-MISC unless you pay at least $600 for services rendered. That doesn't have to be a single $600 party: if the company caters four quarterly parties and bills you $150 for each, you still have to send the owner a 1099 form. Report the total you paid in box 7 of the form. You send them a single 1099 for the year rather than one each per service rendered.

Barter

If you arrange the party through a barter arrangement, you may still have to send out a 1099-MISC. For example, suppose your accounting firm does the restaurant's taxes in return for a big employee party. In that case, you have to write up a 1099 if your tax work for the restaurant owner is worth $600 or more. Use the normal fair market value of your work when figuring out the terms of the deal.

Advertisement

Taxes

Unlike when you use a W-2 for your employees, you don't have to worry about tax withholding. Payments reported in box 7 are subject to self-employment tax, so it's entirely the contractor's responsibility to take out estimated taxes. If you pay a contractor any money that doesn't generate self-employment tax, you include that separately, in box 3 of the 1099-MISC. If the restaurant doesn't pay its taxes, it's not your problem; your only responsibility is to send out the form.

Fraser Sherman

A Durham, NC resident, Fraser has written about law, starting a business, balancing your budget and fighting evictions, among other legal and financial topics.

Sponsored
Bizfluent Logo

Bizfluent equips entrepreneurs with the tools and tactics they need to build and grow their small businesses, from starting a first venture to refreshing an established one.

Property of TechnologyAdvice. © 2026 TechnologyAdvice. All Rights Reserved

Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.