Many Americans Overseas receive unfamiliar tax forms such as Schedule K-1 or a Form 1099. Understanding the difference is crucial for tax compliance — especially since the tax implications, filing deadlines, and income reporting vary significantly.
Form 1099 is used to report various types of non-employment income to the IRS. If you are an independent contractor, investor, or receive certain types of income, you may get one or more types of 1099 forms.
Common 1099 variants include:
1099-INT – Interest income from bank accounts (threshold: $10)
1099-DIV – Dividend income from investments (threshold: $10)
1099-MISC – Miscellaneous income such as rent or royalties (threshold: $600)
1099-NEC – Non-employee compensation for freelance work (threshold: $600)
1099-K – Payment card or third-party network transactions, such as PayPal or Venmo (threshold: $600 or 200+ transactions depending on state rules)
Income from a 1099 may be subject to self-employment tax (15.3%), especially for freelancers or contractors. This type of income is typically reported on Schedule C or Schedule B (for interest/dividends).
A Schedule K-1 is used to report income, deductions, and credits from pass-through entities. These forms are issued to partners, S corporation shareholders, and beneficiaries of trusts and estates.
There are three main K-1 variants:
Form 1065 Schedule K-1 – For partnerships
Form 1120-S Schedule K-1 – For S corporations
Form 1041 Schedule K-1 – For trusts and estates
K-1 income is usually reported on Schedule E of your personal tax return. Whether the income is passive or activeaffects whether it is subject to self-employment tax. Most K-1 passive income is not subject to this tax.
Feature |
Form 1099 |
Schedule K-1 |
---|---|---|
Used for |
Freelancers, investors, other income |
Partners, shareholders, beneficiaries |
Tax form reporting |
Schedule C / B |
Schedule E |
Self-employment tax |
Yes (for NEC or MISC) |
Generally no |
Tax classification |
Typically active income |
Passive or active income |
Complexity |
Usually simple |
Often complex |
Form 1099 is usually issued by January 31.
Schedule K-1 forms are typically issued by March 15.
K-1s depend on the business’s tax return (Form 1065, 1120-S, or 1041) being filed first. This often leads to late-arriving forms, which may delay personal tax filing.
Example 1:
Emily freelances online and receives a 1099-NEC from a U.S. company. She reports this on Schedule C and pays self-employment tax.
Example 2:
Tom is a passive investor in a real estate partnership. He receives a Form 1065 Schedule K-1. He reports the income on Schedule E, without self-employment tax.
Example 3:
Sarah works as a contractor (1099-NEC) and also owns shares in an S corporation (1120-S Schedule K-1). She must report both forms separately and pay taxes accordingly.
What distinguishes Form 1099 from Schedule K-1 in terms of tax implications?
1099s often trigger self-employment tax; K-1s typically do not. K-1s report pass-through income from businesses or estates.
How is income on Schedule K-1 taxed compared to a 1099?
It depends on whether the income is passive or active. Passive K-1 income is not subject to SE tax, while 1099 freelance income is.
When do you receive a K-1 vs a 1099?
1099s are usually sent by January 31. K-1s follow by March 15 or later due to business tax return schedules.
Is K-1 income taxable?
Yes. Even if it’s passive, all K-1 income must be reported on your U.S. tax return.
If you’re an American living abroad, understanding the nuances of K-1 forms and 1099 forms can be challenging. Americans Overseas offers a large independent network of U.S. tax accountants and financial planners who specialize in helping Americans living overseas.
Americans Overseas offers a large independent network of US tax accountants and financial planners, specialized for Americans living abroad. Based on your personal situation, we provide information and introduce you to the appropriate expert in our Americans Overseas network, free of charge and free of any obligation.