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Avoiding Surprises: Compliance Under the Backup Withholding Threshold Changes

The backup withholding rules under OBBB are shifting to higher thresholds—what this means for sellers, platforms, and individual reporting.

By NomadicTax Research Team · 5-8 min read

What’s Changing with Backup Withholding

Under the One, Big, Beautiful Bill, the thresholds triggering backup withholding of payments made through third-party settlement organizations have been adjusted. Proposed regulations (Treasury/IRS IR-2026-03) would replace the old flat $600 trigger with a dual threshold requirement: both over $20,000 in payments and more than 200 transactions in a calendar year.(irs.gov)

This affects platforms like payment apps, gig economy platforms, online marketplaces, peer-to-peer services, etc.(irs.gov)

Who’s Affected and How

  • Third-party settlement organizations (TPSOs) are required to track both the number of transactions and total amount per payee. Withholding would only be required when both thresholds are exceeded.(irs.gov)
  • Sellers or individual service providers receiving payments via such platforms: if you don’t hit BOTH thresholds, no backup withholding applies under the new rule (pending final regulations).
  • Platforms need compliance systems to monitor thresholds and flag payees who cross them.

What to Do Now to Stay Compliant

  • Track transaction counts and payment totals for each platform—invoices, payments, fees—monthly or quarterly.
  • For platforms: configure or upgrade systems to consolidate a payee’s total number and dollar value of transactions.
  • Watch for IRS publication of final regulations. Until then, use proposed regs as guidance and avoid retroactive surprises.

Example Scenarios

  • Case A: A food delivery driver receives 150 payments total amounting to $18,000 in a year. Under the new rule (once effective), no backup withholding, because though amount is close, transaction count is below threshold.
  • Case B: A crafts seller gets 250 payments, totaling $15,000. Even though they exceed transaction count, they’re below $20,000 in amount—so no withholding.
  • Case C: Same flower business, 300 transactions, $25,000 total—they meet both, so backup withholding may apply.

Pitfalls & Strategy

-Penalties may apply if platforms fail to withhold when required.

  • Form 1099-K threshold is related but different—everyone who surpasses both amount and transaction thresholds will also receive a 1099-K.
  • Monitor income sources—if similar payment flows occur across different platforms, combine counts and amounts as per the regs.

Take-away Tips

  • Keep detailed records now—even before final regulations—to understand where thresholds might hit.
  • Seek advice if your operations are near both thresholds, especially if you expect higher volume in upcoming years.

Sources

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