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1099-NEC
1099-NEC

1099-NECNonemployee Compensation

3 — Excess Golden Parachute Payments Updated for tax year 2025

Does this apply to you?

  • You received a payment contingent on a change in ownership or control of a corporation and the amount exceeded your base amount
  • You are a corporate officer, shareholder, or highly compensated individual who received severance or acceleration of compensation tied to a merger, acquisition, or similar transaction
  • You received a 1099-NEC with an amount in Box 3

Easy to overlook

The 20% excise tax is separate from income tax The excess parachute payment is taxed twice: once as ordinary income (reported on your return like any other compensation) and once with a 20% excise tax under IRC Section 4999. The excise tax is reported on Form 4720 and is not deductible. The total effective tax rate on excess parachute payments can exceed 55% when combined with federal income tax and state taxes. 2 IRC Section 4999 — excise tax on excess parachute payments

This box is new for 2025 on Form 1099-NEC Before 2025, excess golden parachute payments were reported on Form 1099-MISC. Starting with the 2025 tax year, they moved to Box 3 of Form 1099-NEC. If you received a similar payment in a prior year, it appeared on Form 1099-MISC.34 IRS Instructions for Forms 1099-MISC and 1099-NEC — Box 3

Watch out for this

Not filing Form 4720 to pay the 20% excise tax on the excess portion. The payer reports the excess amount in Box 3, but the excise tax is your responsibility to calculate and pay. The IRS matches Box 3 amounts to Form 4720 filings. If you received excess golden parachute payments and did not file Form 4720, the IRS will follow up.

Footnotes

  1. IRS Instructions for Forms 1099-MISC and 1099-NEC (Rev. April 2025), Box 3. https://www.irs.gov/instructions/i1099mec

  2. IRC Section 4999, Golden Parachute Payments. See also IRC Section 280G (disallowance of deduction for excess parachute payments).

  3. IRS Instructions for Forms 1099-MISC and 1099-NEC (Rev. April 2025), Box 3: “Enter any excess golden parachute payments.” https://www.irs.gov/instructions/i1099mec

  4. IRS Instructions for Forms 1099-MISC and 1099-NEC (Rev. April 2025), confirming excess golden parachute payments moved from Form 1099-MISC to Form 1099-NEC Box 3 for 2025. https://www.irs.gov/instructions/i1099mec

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