1099 for Referral Fees: A Brokerage Guide

If your brokerage pays a referral fee to someone who is not your employee, you usually owe that person a Form 1099-NEC once the year’s total reaches the threshold. For payments made after December 31, 2025, the threshold is $2,000 per recipient. It was $600 in earlier years, and many articles online still show the old figure.
That is the tax half of the story. The other half is paperwork and process: who gets paid, through which account, against which invoice, and whether you can prove it all in January. This guide covers both, from the viewpoint of a brokerage owner or broker-in-charge.
TL;DR
- Referral fees paid to nonemployees (agents at other firms, finders, other businesses) are generally reported on Form 1099-NEC when payments to one recipient total $2,000 or more in a calendar year for payments made after December 31, 2025.
- Referral bonuses paid to your own employees go through payroll and W-2, not a 1099.
- Collect a W-9 and an invoice or written referral agreement before the first payment, not in January.
- The method matters: checks, ACH and wires are on you to report, while card and payment-app payments are generally reported by the payment network on a 1099-K.
- A payment being reportable does not make the arrangement legal. Check RESPA and your state’s license law first.
Table of Contents
- Do referral fees get a 1099?
- How the $2,000 threshold works in practice
- The W-9 comes first
- Invoicing a referral fee: what to ask for
- Payment method changes who reports
- Reportable is not the same as lawful
- Deadlines and filing
- Our perspective: why referral fees break brokerage compliance
- Where BrokerPay fits
- A short checklist for your next referral fee
- FAQ
- Sources
Do referral fees get a 1099?
Usually, yes. The IRS instructions for Forms 1099-MISC and 1099-NEC treat payments to nonemployees for services in the course of your trade or business as nonemployee compensation. Referral fees, finder’s fees and independent sales commissions can all fall in that bucket when paid to someone who is not an employee.
In a brokerage, that covers a lot of ground:
- A referral fee to an agent licensed at a different brokerage for sending you a buyer or seller.
- A fee to a past client or a non-licensed finder, where state law allows it at all (more on that below).
- A co-op or referral payment to another brokerage that is a sole proprietorship, partnership, or LLC not taxed as a corporation.
- Commission splits to your independent-contractor agents, which are nonemployee compensation too.
The 1099 is an information return. The recipient owes tax on the fee whether or not it crosses the reporting threshold and whether or not a form arrives.
When no 1099-NEC is needed
Three situations come up constantly:
- The recipient is your employee. Referral bonuses to employees are supplemental wages reported on Form W-2. If you have W-2 staff such as an office manager or transaction coordinator who refers a client, that payment goes through payroll.
- The annual total stays under the threshold. Below $2,000 in a calendar year for payments to one recipient, the IRS does not require a 1099-NEC. Still keep the records. Thresholds change, and the payment is still business income to the recipient.
- The payment went through a card or payment network. Those payments are generally reported by the settlement entity on Form 1099-K, which can remove your 1099-NEC obligation for those transactions. We come back to this below, because it is not the loophole it looks like.
Payments to corporations are often exempt from 1099-NEC reporting, but the picture is not uniform. The guidance for brokerages notes that payments to another firm may still require reporting if the firm is not incorporated or if the payment is for specific professional services. A W-9 tells you the recipient’s tax classification, so you do not have to guess.
How the $2,000 threshold works in practice
The threshold is calculated per payee for the calendar year. You add up all qualifying payments to the same recipient, not each transaction on its own.
A worked example, with made-up numbers:
| Date | Transaction | Referral fee paid to the same outside agent |
|---|---|---|
| March | Buyer referral, closed | $900 |
| July | Seller referral, closed | $750 |
| October | Buyer referral, closed | $600 |
| Total | $2,250 |
No single fee reaches $2,000, but the total does. That agent gets a 1099-NEC for the year. If the total were $1,950, no form would be required, though the agent would still owe tax.
The bookkeeping lesson is that you cannot decide transaction by transaction. You need one running total per payee across the whole brokerage, including every office. A spreadsheet per broker tends to break exactly here.
The W-9 comes first
Practitioners keep naming the same mistake: failing to collect a Form W-9 before the first payment. A W-9 gives you the payee’s legal name, address, tax classification and taxpayer identification number. Without it you are chasing people in January, often people you will never hear from again once the closing check clears.
A simple rule: no W-9 on file, no referral payment released. Build that into your referral agreement and your payment workflow, not into somebody’s memory.
If the recipient is a foreign person, the guidance also points to a W-8BEN rather than a W-9. That is a different reporting track, so bring in your CPA before paying.
Invoicing a referral fee: what to ask for
Many brokerages treat referral fees as a handshake: a text that says “send it to my Venmo.” An invoice, or its equivalent, is what makes the payment auditable. It does not have to be fancy. Ask the referring party for:
- Their legal name, business name if any, and a current W-9.
- The property address or transaction ID the referral relates to.
- The agreed fee, as a percentage or flat amount, tied to your written referral agreement.
- The closing date, or the trigger on which payment becomes due.
- Where to send payment, to an account in the payee’s own name.
Going the other way, when your brokerage is the one referring a client out and collecting a fee, you invoice the receiving brokerage. Send the same details and your W-9 together so they do not stall on paperwork.
A referral invoice process that holds up
- Agree in writing before the referral is made: fee, trigger, and who pays whom.
- Collect the W-9 and record the payee’s status.
- Verify the referral against the transaction file once the deal is under contract.
- Approve the payment by someone other than the person who requested it, ideally the broker or an accounting lead.
- Pay from a brokerage-controlled account, by ACH, check or wire, and log it against the transaction and the payee.
- Keep the trail: agreement, invoice, W-9, approval, and proof of payment, together.
- Run the year-end total per payee, then file and furnish the forms.
Steps 4 to 6 are where most brokerages leak. Approvals happen in a text thread, payments leave from an agent’s personal account, and nobody can reconstruct the file later.
Payment method changes who reports
This is the part many brokerages get wrong. According to the guidance, direct payments by check, ACH or wire are subject to 1099-NEC reporting when thresholds are met, while payments made by credit card or third-party payment networks are generally reported by the payment settlement entity on a 1099-K.
So does paying by a peer-to-peer app make the tax problem go away? Do not count on it. Three reasons:
- You lose the paper trail. A payment app note reading “thx!” is not a referral agreement, invoice, or approval record.
- The funds often do not come from the brokerage. When an agent pays another agent from a personal account, the brokerage’s books never show the payment, and neither does the transaction file.
- It collides with RESPA exposure. Section 8 of RESPA prohibits kickbacks and referral fees in connection with settlement services tied to a federally related mortgage transaction. Undocumented side payments make it hard to show a fee was legitimate.
Tax reporting is one question. Whether the payment is permitted at all is another.
Reportable is not the same as lawful
Experts often remind brokerages that paying referral fees must comply with state real estate license laws. Issuing a 1099 does not bless the arrangement. A few practical checks before any referral payment:
- Is the recipient licensed? Most states restrict paying compensation for real estate referrals to licensed people, usually through the licensee’s own broker. Look up your state’s real estate commission rules.
- Does the payment run through the right broker? Many states require commission or referral payments to an agent to go through that agent’s supervising brokerage rather than straight to the individual. That affects whose W-9 you collect and who receives the 1099.
- Is there a settlement-services angle? If the referral involves a lender, title company or other settlement provider, RESPA Section 8 is in play. Talk to your attorney before paying anything that looks like compensation for steering business.
We are not your lawyer, and state rules differ. This is the point where a call to your real estate attorney is cheap insurance.
Deadlines and filing
Businesses must furnish Form 1099-NEC to the recipient and file with the IRS by January 31 of the year after the payment. For referral fees paid in 2026, that means January 2027.
If you file 10 or more information returns in total, e-filing is required. A brokerage that pays even a modest group of independent-contractor agents will usually be over that line before counting a single referral fee. Check the IRS page for the current rules on how returns are counted.
A realistic calendar for a brokerage:
- Throughout the year: W-9 before payment, running total per payee.
- November: pull a report of everyone near or over $2,000. Chase missing W-9s while people still answer.
- December: reconcile payments to your books and correct name and TIN mismatches.
- January: furnish recipient copies and file with the IRS by January 31.
Our perspective: why referral fees break brokerage compliance
We built BrokerPay for brokerages because the 1099 itself is rarely what hurts. The painful part is everything feeding it. In the brokerages we talk to, referral fees, co-op commissions and agent splits get paid in whatever way is fastest on closing day: a Zelle transfer from one agent to another, a Venmo request, a check somebody wrote and nobody logged.
Each of those is a small shortcut. Together they mean the brokerage cannot answer basic questions. Who was paid? How much in total this year? Who approved it? Did the money ever pass through a brokerage-controlled account? We think those payments carry federal exposure, and that is why we eliminate the workaround rather than document around it.

Our view is simple. Money tied to a transaction should move through the brokerage, under an approval workflow, with a W-9 and a record attached to every payee, and the payee total should be sitting there when January arrives. That is a process problem, and software can solve it better than reminders can.
If you want more on how tracking ties into taxes, our post on why commission tracking prevents tax issues goes deeper. For payment structures between firms, see compliant co-op payment workflows.
— Wes
Where BrokerPay fits
BrokerPay is a commission payment platform for real estate brokerages. It tracks, documents and processes agent splits, referral fees and co-op commissions, with payment approval workflows, ACH transfers, cap tracking and audit trails. Funds are routed through brokerage-controlled accounts, so the record of who got paid, how much and why lives in one place instead of a text thread.
Pricing is a flat monthly subscription based on agent count, with no per-transaction software fees, and a 30-day refund guarantee. You can see the Starter, Growth and Enterprise plans on the BrokerPay site. If you are moving off manual payouts, our guide to switching from manual to automated payouts walks through the transition.
A short checklist for your next referral fee
Before you pay:
- Confirm the arrangement is legal in your state and, if a settlement service is involved, under RESPA.
- Get a signed referral agreement.
- Get a current W-9 (or W-8BEN for a foreign payee).
- Get an invoice or equivalent with the transaction identified.
When you pay:
- Have someone approve it who did not request it.
- Pay from a brokerage account to an account in the payee’s name.
- Log the payment against the transaction and payee.
After the year ends:
- Total each payee across all transactions and offices.
- File 1099-NECs for anyone at $2,000 or more where required, by January 31.
- Keep the file together for audits and for your own reference.
FAQ
Do referral fees get a 1099?
Usually, if you paid a nonemployee $2,000 or more in a calendar year for payments made after December 31, 2025, you generally file Form 1099-NEC. Payments to your own employees go through payroll and W-2 instead. Payments by card or a payment network are generally reported by the payment settlement entity on a 1099-K.
Are referral fees taxable income to the person who receives them?
Yes. Referral fees are generally taxable income to the recipient even when no 1099 is issued. The form only tells the IRS what was paid, and the recipient reports the income on their own return. If the recipient is not an employee, the income is typically reported as business income, so they should talk to their CPA about self-employment tax.
Do I need an invoice for a referral fee?
No federal rule says every referral fee needs a formal invoice, but you should have one or an equivalent record. It should show the payee, the transaction, the amount, the agreed trigger and the W-9. That record is what backs up your books, your 1099 totals and any questions about the payment later.
When are 1099-NECs for referral fees due?
You must furnish the form to the recipient and file it with the IRS by January 31 of the year after the payment. For fees paid in 2026, that is January 2027. Collect W-9s and review payee totals in the fall so you are not scrambling in the last week.
Sources
- Instructions for Forms 1099-MISC and 1099-NEC (IRS)
- Am I required to file a Form 1099 or other information return? (IRS)
- 1099 Reporting for Non-Attorney Referral Fees and Partner Commissions: 2026 Rules (Tax1099)
- 1099 for Referral Fees: When to File a 1099-NEC (Partner.io)
- Are referral fees or finder’s fees reportable on a 1099-NEC? (1099FIRE)
- CFPB’s Advisory Opinion on Application of RESPA Section 8 (PKF O’Connor Davies)