AP compliance in the United States
Accounts-payable compliance in the US touches multiple federal and state regulations. From collecting W-9 forms to issuing 1099s and navigating the complex world of sales tax, companies have to move through a demanding regulatory environment.
Key fact: Penalties for failing to comply with 1099 requirements can reach $290 per form, and sales-tax errors can trigger significant fines plus interest and penalties on top.
Form W-9: the foundation of vendor management
What is the W-9?
The W-9 (Request for Taxpayer Identification Number and Certification) is the form vendors complete to share their tax information:
- Taxpayer's legal name.
- Entity type (individual, corporation, LLC, etc.).
- TIN (Tax Identification Number) or SSN.
- Address.
- Backup withholding certification.
W-9 best practices
- Collect before the first payment: don't pay without a valid W-9 on file.
- Verify the TIN: use the IRS TIN Matching service.
- Refresh periodically: request new W-9s every three years.
- Store securely: these documents contain sensitive information.
Tip: If a vendor does not provide a W-9, you must apply 24% backup withholding on payments.
1099 forms: reporting payments
Types of 1099
- 1099-NEC: non-employee compensation (freelancers, contractors).
- 1099-MISC: miscellaneous payments (rents, prizes, medical payments).
- 1099-K: payments via payment cards and third-party networks.
- 1099-INT: interest income.
- 1099-DIV: dividends.
2026 reporting thresholds
- 1099-NEC: $600 or more in the year.
- 1099-MISC (rents): $600 or more.
- 1099-MISC (royalties): $10 or more.
- 1099-K: $600 or more (reduced from the previous threshold).
Deadlines
- January 31: send 1099s to recipients.
- January 31: file 1099-NEC with the IRS.
- February 28: paper filing of other 1099s with the IRS.
- March 31: electronic filing with the IRS.
Sales tax: the multi-state challenge
Nexus: where do you owe?
After South Dakota v. Wayfair (2018), states can require remote sellers to collect sales tax based on "economic nexus":
- Physical nexus: physical presence in the state.
- Economic nexus: sales exceeding a threshold (often $100K).
- Click-through nexus: referrals from in-state affiliates.
- Marketplace nexus: sales made through marketplaces.
The complexity of sales tax
- More than 13,000 sales-tax jurisdictions across the US.
- Rates ranging from 0% to more than 10%.
- Different taxability rules by product.
- Exemptions that vary by state and by intended use.
Exemption certificates
When a buyer is exempt from sales tax, they must provide an exemption certificate:
- Resale certificates: for resellers.
- Exempt organization: for non-profits.
- Government: for government entities.
- Manufacturing: manufacturing-use exemptions.
Backup withholding
24% backup withholding applies when:
- The vendor does not provide a TIN.
- The TIN provided is incorrect.
- The IRS notifies you that backup withholding applies.
- The recipient does not certify they are not subject to it.
Automation with Cedalio
W-9 management
- Automatic requests: send W-9 requests to new vendors.
- TIN Matching: automatic verification with the IRS.
- Expiration alerts: notifications when a refresh is needed.
- Secure storage: encrypted vault for documents.
1099 preparation
- Payment tracking: running totals by vendor.
- Automatic classification: identification of the correct 1099 type.
- Form generation: automatic creation of 1099s.
- E-filing: electronic submission to the IRS.
Sales-tax compliance
- Nexus monitoring: tracking thresholds state by state.
- Rate determination: correct rates per jurisdiction.
- Exemption management: storing and tracking certificates.
- Return filing: preparing state returns.
Invoice validation
- Verification of vendor tax information.
- Validation of sales tax charged.
- Detection of discrepancies.
- Compliance reporting.
State-specific considerations
States without sales tax
Five states have no statewide sales tax: Alaska, Delaware, Montana, New Hampshire, and Oregon (though Alaska allows local sales tax).
Origin- vs. destination-based states
- Origin-based: tax based on the seller's location.
- Destination-based: tax based on the buyer's location.
Conclusion
AP compliance in the US demands attention to both federal and state regulations. Automation not only reduces errors and saves time — it shields the company from significant penalties.
Do you operate in the US and need to automate AP compliance?
Cedalio manages W-9, 1099, and sales tax in an integrated, automated way.
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