TIN ComplianceA resource from TIN Comply
State income tax
Yes
CF/SF program
Yes
Tax withheld
Depends on form
No tax withheld
Depends on form
Due date
January 31
State requirements

Delaware 1099 filing requirements

Delaware has an individual income tax and is in the IRS Combined Federal/State Filing program. Which 1099s Delaware wants depends on the form as well as on withholding; the table below gives the answer for the nine common forms.

Verified October 26, 2026Department revenue.delaware.gov

Do I have to file 1099s with Delaware?

If you withheld Delaware tax
Depends on the formDirect filing: MISC, NEC, R. Not required: all other 1099s.
If you did not withhold
Depends on the formDirect filing: MISC, NEC, R. Not required: all other 1099s.
It depends on the form
FormDelaware tax withheldNo withholding
1099-MISCDirectDirect
1099-NECDirectDirect
1099-RDirectDirect
All other 1099 typesNot requiredNot required

Delaware currently requires only 1099-MISC, NEC and R; the Director of Revenue has waived the other types until further notice.

The rules for tax year 2026

Forms filed with the state1099-MISC, 1099-NEC and 1099-R only. Delaware Code now lists additional 1099 types, but the Director of Revenue has waived that requirement until further notice.
Who must file1099-MISC/NEC issued to Delaware residents (wherever services performed) or to nonresidents for work performed in Delaware; 1099-R only when Delaware tax is withheld.
2026 filing threshold (1099-NEC, 1099-MISC)Follows federal: file where a federal 1099-MISC (or successor form) is required. No explicit 2026 statement.30 Del. C. §1154(i)(2): information returns are required from any person "Making any payment of salary, fee, commission or other compensation for services to any Delaware resident individual or to any individual nonresident for work done or services performed or rendered within Delaware for which federal information returns form 1099 MISC or successor form is required". The FAQ says 1099-MISC/NEC reporting applies to forms issued to Delaware residents, or to nonresidents for work performed in Delaware. The FAQ answer to "Are there any changes for tax year 2025?" is "No." No 2026 statement found.Source: Delaware Code, Title 30, Chapter 11
State 1099-K thresholdNot addressed on the state's pages; the federal rule applies.Source: Division of Revenue: W-2 and 1099 FAQ
State backup withholdingNone foundNot addressed in the FAQ or 30 Del. C. ch. 11 subch. VII.Source: Delaware Code, Title 30, Chapter 11All states: state backup and nonresident withholding
Withholding on nonresident contractorsNot addressed for independent contractors. The statute addresses employer wage withholding and S corporation payments for nonresident shareholders (§1158).Source: Delaware Code, Title 30, Chapter 11All states: state backup and nonresident withholding
Where to fileDelaware Taxpayer Portal (Transmitter Transactions, File Bulk Returns)
File format for tax year 2026Pub 1220See the specifications below.
Annual transmittal or reconciliationWTH-REC (W-3), required only for EINs with Delaware withholding reported on W-2 or 1099. "For 1099 forms that don't report Delaware withholding, there is no reconciliation form."Due: January 31 for W-2 withholding. If withholding was reported on 1099-R, due with the annual 1099 data submission.Form: Division of Revenue: W-2 and 1099 FAQ
Due datesTwo Delaware sources disagree. 30 Del. C. §1154: all returns under the section "shall be filed with the Division of Revenue on or before January 31". The Division FAQ (modified February 20, 2026, TY2025 dates) says "Delaware due dates are the same as Federal": W-2 and 1099-NEC 2/2/2026, paper and electronic; 1099-MISC and 1099-R paper 3/2/2026, electronic 3/31/2026. No TY2026 notice found. Filing by January 31 satisfies both.Source: Division of Revenue: W-2 and 1099 FAQ
Combined Federal/State (CF/SF)"Does Delaware participate in the combined Federal/State 1099 filing program? Yes, but 1099-MISC, 1099-NEC, and 1099R information is required to be submitted directly to the Delaware Division of Revenue." Nothing on IRIS.Source: Division of Revenue: W-2 and 1099 FAQ
PenaltiesNot addressed on the state's pages; the federal rule applies.Source: Division of Revenue: W-2 and 1099 FAQ

Some items for Delaware are not addressed on its pages, or its pages disagree with each other. Those are shown as the state wrote them. Confirm with the department before you file.

How to file, step by step

  1. Identify 1099-NEC and 1099-MISC forms issued to Delaware residents, or to nonresidents for work in Delaware, plus 1099-R forms showing Delaware withholding.
  2. Register a Delaware Taxpayer Portal account (tax.delaware.gov; help at taxportal@delaware.gov).
  3. Prepare a Pub 1220 file with state code 10 at B 663-664 and the state payer ID at 665-684.
  4. In the portal choose Transmitter Transactions, then File Bulk Returns. Optionally run File Validation, then upload and submit. Payers with 10 or fewer forms may mail paper to P.O. Box 830, Wilmington DE 19899.
  5. File by January 31, 2027 to meet the statute; the FAQ allows the federal dates (1099-NEC about February 1, 2027; 1099-MISC by the federal paper/electronic dates). If Delaware tax was withheld, also file WTH-REC.

File specifications and filing system

State pages checked (5)

Questions people ask about Delaware

Do I have to file 1099s directly with Delaware?

It depends on the form. With Delaware withholding: Direct filing: MISC, NEC, R. Not required: all other 1099s. Without withholding: Direct filing: MISC, NEC, R. Not required: all other 1099s. 1099-MISC/NEC issued to Delaware residents (wherever services performed) or to nonresidents for work performed in Delaware; 1099-R only when Delaware tax is withheld.

Which 1099 forms does Delaware require?

1099-MISC, 1099-NEC and 1099-R only. Delaware Code now lists additional 1099 types, but the Director of Revenue has waived that requirement until further notice.

When are 1099s due in Delaware?

Two Delaware sources disagree. 30 Del. C. §1154: all returns under the section "shall be filed with the Division of Revenue on or before January 31". The Division FAQ (modified February 20, 2026, TY2025 dates) says "Delaware due dates are the same as Federal": W-2 and 1099-NEC 2/2/2026, paper and electronic; 1099-MISC and 1099-R paper 3/2/2026, electronic 3/31/2026. No TY2026 notice found. Filing by January 31 satisfies both.

How do I file 1099s with Delaware?

Identify 1099-NEC and 1099-MISC forms issued to Delaware residents, or to nonresidents for work in Delaware, plus 1099-R forms showing Delaware withholding. Register a Delaware Taxpayer Portal account (tax.delaware.gov; help at taxportal@delaware.gov). Prepare a Pub 1220 file with state code 10 at B 663-664 and the state payer ID at 665-684. In the portal choose Transmitter Transactions, then File Bulk Returns. Optionally run File Validation, then upload and submit. Payers with 10 or fewer forms may mail paper to P.O. Box 830, Wilmington DE 19899. File by January 31, 2027 to meet the statute; the FAQ allows the federal dates (1099-NEC about February 1, 2027; 1099-MISC by the federal paper/electronic dates). If Delaware tax was withheld, also file WTH-REC.

Does Delaware have its own 1099-K threshold?

Not addressed on the state's pages; the federal rule applies.

Does Delaware require withholding on payments to nonresident contractors?

Not addressed for independent contractors. The statute addresses employer wage withholding and S corporation payments for nonresident shareholders (§1158). The 50-state withholding tables show where Delaware sits.

Each row above links to the state page it came from. Rules change every year, so confirm with the department before filing.

What does not change by state

The federal filing rules for each form (who files, the 2026 thresholds, boxes and due dates) are on the federal forms pages; this page covers only what Delaware adds. TIN matching, B-Notices, backup withholding and the IRC 6721IRC 6721Internal Revenue Code, Cornell LII penalty are federal. A payee in Delaware who gives you a name/TIN pair that does not match IRS records produces the same CP2100 line as one anywhere else, and the same 15- and 30-business-day clocks. State filing is a separate obligation layered on top.