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When it comes to navigating the complexities of tax documentation, understanding the role and requirements of the IRS W-9 form is crucial for both individuals and businesses. This form, pivotal in the United States tax system, serves as a request for taxpayer identification number and certification. Essentially, it is used by entities to accurately report income paid to freelancers, independent contractors, and other non-employees to the Internal Revenue Service. Additionally, financial institutions may require a W-9 for certain transactions to ensure proper reporting to the IRS. Besides its primary purpose, the W-9 form also finds its relevance in situations involving real estate transactions, mortgage interest payments, acquisition or abandonment of secured property, and cancellation of debt, making it an indispensable tool in the financial arsenal of businesses and individuals. With its utility spanning across various financial landscapes, understanding the accurate completion and timely submission of the W-9 can significantly smooth out the bumps in the road to compliance with tax obligations, ultimately safeguarding against potential penalties and fines.

Sample - IRS W-9 Form

Form W-9

Request for Taxpayer

Give Form to the

(Rev. October 2018)

Identification Number and Certification

requester. Do not

Department of the Treasury

Go to www.irs.gov/FormW9 for instructions and the latest information.

send to the IRS.

Internal Revenue Service

 

1Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2Business name/disregarded entity name, if different from above

3.

 

 

 

 

 

 

 

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the

4 Exemptions (codes apply only to

page

following seven boxes.

 

 

 

 

certain entities, not individuals; see

 

 

 

 

 

instructions on page 3):

on

Individual/sole proprietor or

C Corporation

S Corporation

Partnership

Trust/estate

 

 

Printor type. InstructionsSpecific

single-member LLC

 

 

 

 

Exempt payee code (if any)

5 Address (number, street, and apt. or suite no.) See instructions.

 

Requester’s name

 

 

 

and address (optional)

 

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)

 

 

 

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check

Exemption from FATCA reporting

 

LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is

code (if any)

 

another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that

 

 

 

is disregarded from the owner should check the appropriate box for the tax classification of its owner.

 

 

 

Other (see instructions)

 

 

 

 

(Applies to accounts maintained outside the U.S.)

See

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6 City, state, and ZIP code

 

 

 

 

 

 

7List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Part II Certification

Social security number

 

 

 

 

 

 

or

Employer identification number

Under penalties of perjury, I certify that:

1.The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2.I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3.I am a U.S. citizen or other U.S. person (defined below); and

4.The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign

Signature of

 

Here

U.S. person

Date

General Instructions

• Form 1099-DIV (dividends, including those from stocks or mutual

 

Section references are to the Internal Revenue Code unless otherwise

funds)

• Form 1099-MISC (various types of income, prizes, awards, or gross

noted.

proceeds)

Future developments. For the latest information about developments

• Form 1099-B (stock or mutual fund sales and certain other

related to Form W-9 and its instructions, such as legislation enacted

transactions by brokers)

after they were published, go to www.irs.gov/FormW9.

• Form 1099-S (proceeds from real estate transactions)

Purpose of Form

• Form 1099-K (merchant card and third party network transactions)

An individual or entity (Form W-9 requester) who is required to file an

• Form 1098 (home mortgage interest), 1098-E (student loan interest),

information return with the IRS must obtain your correct taxpayer

1098-T (tuition)

identification number (TIN) which may be your social security number

• Form 1099-C (canceled debt)

(SSN), individual taxpayer identification number (ITIN), adoption

• Form 1099-A (acquisition or abandonment of secured property)

taxpayer identification number (ATIN), or employer identification number

Use Form W-9 only if you are a U.S. person (including a resident

(EIN), to report on an information return the amount paid to you, or other

amount reportable on an information return. Examples of information

alien), to provide your correct TIN.

returns include, but are not limited to, the following.

If you do not return Form W-9 to the requester with a TIN, you might

• Form 1099-INT (interest earned or paid)

be subject to backup withholding. See What is backup withholding,

 

later.

Cat. No. 10231X

Form W-9 (Rev. 10-2018)

Form W-9 (Rev. 10-2018)

Page 2

By signing the filled-out form, you:

1.Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2.Certify that you are not subject to backup withholding, or

3.Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4.Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:

An individual who is a U.S. citizen or U.S. resident alien;

A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;

An estate (other than a foreign estate); or

A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.

In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;

In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and

In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1.The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2.The treaty article addressing the income.

3.The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4.The type and amount of income that qualifies for the exemption from tax.

5.Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding

What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1.You do not furnish your TIN to the requester,

2.You do not certify your TIN when required (see the instructions for Part II for details),

3.The IRS tells the requester that you furnished an incorrect TIN,

4.The IRS tells you that you are subject to backup withholding

because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5.You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships, earlier.

What is FATCA Reporting?

The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information

You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties

Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

Form W-9 (Rev. 10-2018)

Page 3

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions

Line 1

You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.

a.Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.

b.Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.

c.Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.

d.Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.

e.Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

Line 2

If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3

Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.

IF the entity/person on line 1 is

THEN check the box for . . .

a(n) . . .

 

 

 

 

Corporation

Corporation

Individual

Individual/sole proprietor or single-

Sole proprietorship, or

member LLC

Single-member limited liability

 

company (LLC) owned by an

 

individual and disregarded for U.S.

 

federal tax purposes.

 

 

 

 

LLC treated as a partnership for

Limited liability company and enter

U.S. federal tax purposes,

the appropriate tax classification.

LLC that has filed Form 8832 or

(P= Partnership; C= C corporation;

2553 to be taxed as a corporation,

or S= S corporation)

or

 

 

LLC that is disregarded as an

 

entity separate from its owner but

 

the owner is another LLC that is

 

not disregarded for U.S. federal tax

 

purposes.

 

 

 

 

Partnership

Partnership

 

 

 

Trust/estate

Trust/estate

 

 

 

Line 4, Exemptions

If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.

Exempt payee code.

Generally, individuals (including sole proprietors) are not exempt from backup withholding.

Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends.

Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions.

Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4.

1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)

2—The United States or any of its agencies or instrumentalities

3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities

4—A foreign government or any of its political subdivisions, agencies, or instrumentalities

5—A corporation

6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession

7—A futures commission merchant registered with the Commodity Futures Trading Commission

8—A real estate investment trust

9—An entity registered at all times during the tax year under the Investment Company Act of 1940

10—A common trust fund operated by a bank under section 584(a) 11—A financial institution

12—A middleman known in the investment community as a nominee or custodian

13—A trust exempt from tax under section 664 or described in section 4947

Form W-9 (Rev. 10-2018)

Page 4

The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . .

THEN the payment is exempt

 

for . . .

 

 

Interest and dividend payments

All exempt payees except

 

for 7

 

 

Broker transactions

Exempt payees 1 through 4 and 6

 

through 11 and all C corporations.

 

S corporations must not enter an

 

exempt payee code because they

 

are exempt only for sales of

 

noncovered securities acquired

 

prior to 2012.

 

 

Barter exchange transactions and

Exempt payees 1 through 4

patronage dividends

 

 

 

Payments over $600 required to be

Generally, exempt payees

reported and direct sales over

1 through 52

$5,0001

 

 

 

Payments made in settlement of

Exempt payees 1 through 4

payment card or third party network

 

transactions

 

 

 

1See Form 1099-MISC, Miscellaneous Income, and its instructions.

2However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)

B—The United States or any of its agencies or instrumentalities

C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities

D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)

E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i)

F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state

G—A real estate investment trust

H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940

I—A common trust fund as defined in section 584(a) J—A bank as defined in section 581

K—A broker

L—A trust exempt from tax under section 664 or described in section 4947(a)(1)

M—A tax exempt trust under a section 403(b) plan or section 457(g) plan

Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5

Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.

Line 6

Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

Part II. Certification

To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.

Form W-9 (Rev. 10-2018)

Page 5

1.Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2.Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3.Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4.Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5.Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester

 

For this type of account:

Give name and SSN of:

 

 

 

1.

Individual

The individual

2.

Two or more individuals (joint

The actual owner of the account or, if

 

account) other than an account

combined funds, the first individual on

 

maintained by an FFI

the account1

3.

Two or more U.S. persons

Each holder of the account

 

(joint account maintained by an FFI)

 

4.

Custodial account of a minor

The minor2

 

(Uniform Gift to Minors Act)

 

5. a. The usual revocable savings trust

The grantor-trustee1

 

(grantor is also trustee)

The actual owner1

 

b. So-called trust account that is not

 

a legal or valid trust under state law

 

6.

Sole proprietorship or disregarded

The owner3

 

entity owned by an individual

 

7.

Grantor trust filing under Optional

The grantor*

 

Form 1099 Filing Method 1 (see

 

 

Regulations section 1.671-4(b)(2)(i)

 

 

(A))

 

 

 

 

 

For this type of account:

Give name and EIN of:

 

 

 

8.

Disregarded entity not owned by an

The owner

 

individual

 

9.

A valid trust, estate, or pension trust

Legal entity4

10.

Corporation or LLC electing

The corporation

 

corporate status on Form 8832 or

 

 

Form 2553

 

11.

Association, club, religious,

The organization

 

charitable, educational, or other tax-

 

 

exempt organization

 

12.

Partnership or multi-member LLC

The partnership

13.

A broker or registered nominee

The broker or nominee

 

 

 

For this type of account:

Give name and EIN of:

 

 

14. Account with the Department of

The public entity

Agriculture in the name of a public

 

entity (such as a state or local

 

government, school district, or

 

prison) that receives agricultural

 

program payments

 

15. Grantor trust filing under the Form

The trust

1041 Filing Method or the Optional

 

Form 1099 Filing Method 2 (see

 

Regulations section 1.671-4(b)(2)(i)(B))

 

 

 

1List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished.

2Circle the minor’s name and furnish the minor’s SSN.

3You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.

4List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier.

*Note: The grantor also must provide a Form W-9 to trustee of trust.

Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records From Identity Theft

Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:

Protect your SSN,

Ensure your employer is protecting your SSN, and

Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Pub. 5027, Identity Theft Information for Taxpayers.

Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

Form W-9 (Rev. 10-2018)

Page 6

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.

Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.

Privacy Act Notice

Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.

File Specs

Fact Number Detail
1 The IRS W-9 form is officially titled "Request for Taxpayer Identification Number and Certification".
2 It is used by individuals and entities to provide their taxpayer identification number to entities that will pay them income during the tax year.
3 The form is required for various transactions, including employment, freelance work, and certain financial transactions.
4 Entities that receive a W-9 use it to fill out a 1099-MISC form for the applicable taxpayer, reporting the income paid to them to the IRS.
5 Submitting a false or fraudulent W-9 form can lead to penalties and fines, according to the Internal Revenue Code.
6 No state-specific W-9 forms exist; the IRS W-9 is used across all US states. However, compliance with state tax laws is also necessary where applicable.
7 The form requires basic information, including the taxpayer's name, address, and taxpayer identification number (TIN), which can be a Social Security Number (SSN) or Employer Identification Number (EIN).
8 While the IRS W-9 form is not typically submitted to the IRS directly by the individual or entity completing it, it must be kept on file by the requester for several years in case of auditing.

Steps to Filling Out IRS W-9

Filling out the IRS W-9 form is a straightforward process that is necessary for accurately reporting your tax information to entities that pay you. This document is crucial for ensuring that the correct amount of taxes is withheld from payments made to you or for verifying your tax-exempt status. Following the right steps can help you complete the form quickly and accurately, avoiding potential issues down the line with tax filings.

  1. Gather your legal name, business name (if applicable), and taxpayer identification number (TIN). Your TIN might be your Social Security Number (SSN) or your Employer Identification Number (EIN), depending on your circumstances.
  2. Download the latest version of the W-9 form from the IRS website to ensure you are using the most current form.
  3. Enter your full legal name as shown on your income tax return in the section labeled "Name."
  4. If you have a business name, trade name, or a disregarded entity name, enter that information in the "Business name/disregarded entity name" line.
  5. Check the appropriate box for your federal tax classification (e.g., individual/sole proprietor, C corporation, S corporation, partnership, trust/estate, etc.).
  6. Fill in your address, including the city, state, and ZIP code, where requested.
  7. Provide your taxpayer identification number (TIN) in the section labeled “Requester’s name and address.” Use your SSN, EIN, or ITIN, as applicable.
  8. If applicable, check the box in line 2 if you are exempt from backup withholding. Most individuals are not exempt, so this step may not apply to everyone.
  9. Sign and date the form in the certification area, affirming that all the information provided is accurate and that you are not subject to backup withholding unless stated otherwise.
  10. Review the completed form for accuracy and completeness before submitting it to the requester. Do not send it directly to the IRS.

After completing the W-9 form, you should send it to the entity that requested it from you. This could be your employer, a bank, or another entity that intends to make payments to you. You do not need to send the form to the IRS. The information on your W-9 is used to prepare 1099-MISC forms, which are necessary for annual tax filings. Ensure you keep a copy of the W-9 for your records. Should your tax situation or personal information change, you'll need to complete a new W-9 form to reflect those changes.

Discover More on IRS W-9

What is an IRS W-9 form and who needs to fill it out?

The IRS W-9 form, officially known as the Request for Taxpayer Identification Number and Certification, serves a crucial role in the United States tax system. It is used by individuals or entities to provide their taxpayer identification number (usually their social security number, employer identification number, or individual taxpayer identification number) to entities that will pay them interest, dividends, or any sort of reportable transaction. This form must be completed by freelancers, independent contractors, and other self-employed individuals who are engaged in business that results in payment for services. Banks or financial institutions might also ask for a completed W-9 for certain transactions. Completing the form correctly ensures that taxes are properly documented and withheld as necessary.

How do I submit a W-9 form?

Typically, the W-9 form is not submitted directly to the IRS. Instead, the person or entity that requested it from you, often referred to as the requester, uses the information to prepare documents like Form 1099-MISC, Form 1099-INT, or other tax documents relevant to non-employee compensation. These forms are then used to report payments made to you during the tax year to the IRS. The most secure way to submit a W-9 to a requester is through a secure email, a secure portal, or in person, to minimize the risk of identity theft since the form contains sensitive information.

What happens if I refuse to fill out a W-9 form?

Refusing to complete a W-9 when requested can lead to a series of complications. For starters, the IRS may allow the requester to withhold a higher rate of backup withholding from your payment. Currently, the backup withholding rate is 24% of the payment, which is significantly higher than the normal rate for most individuals and entities. Moreover, failure to provide a W-9 when required can also lead to the IRS imposing penalties. Providing accurate and timely information on a W-9 helps ensure that taxes are correctly withheld from payments, thus avoiding unnecessary withholding and potential penalties.

Does filling out a W-9 form mean I’m an employee?

Completing a W-9 form does not classify someone as an employee of the requesting entity. Instead, it is typically used by freelancers, independent contractors, and other non-employees to provide their taxpayer identification information. The delineation between independent contractor and employee status is significant, affecting eligibility for benefits, tax implications, and responsibilities. The entity that requests a W-9 form uses it for tax reporting purposes, not to define employment status. Employment classification is determined by the nature of the work relationship, hours, and control over the work performed - factors that are independent of a W-9 form.

Common mistakes

Filling out the IRS W-9 form might seem straightforward, but mistakes are common. These errors can delay the processing of the form, causing hiccups in payments and reporting. To ensure smooth transactions and compliance, it's crucial to steer clear of these eight common pitfalls:

  1. Not using the latest form version: The IRS updates its forms regularly. Using an outdated W-9 can lead to missing information or non-compliance with the current tax codes.

  2. Incorrect taxpayer identification number (TIN): Whether it's a Social Security Number (SSN) for an individual or an Employer Identification Number (EIN) for a business, using the wrong number can lead to reporting errors and potential fines.

  3. Failing to report the full legal name: The name on your W-9 must match the name registered with the IRS. Mismatches can cause issues with tax records.

  4. Incorrect business classification: Misclassifying your business type (e.g., LLC, S-Corp, C-Corp) can affect how taxes are processed and reported.

  5. Leaving signature space blank: The W-9 form requires a signature certifying the accuracy of the information. An unsigned form is considered invalid and can be rejected.

  6. Using incorrect address: The address on your W-9 should be the same as the address on your tax returns. Discrepancies can lead to documentation being sent to the wrong place, causing delays.

  7. Not updating information: If any of your information has changed (e.g., name, address, EIN), you need to submit a new W-9 form. Continuing to use outdated information can lead to errors in tax reporting.

  8. Omitting a check on the exempt payee code: If you are exempt from backup withholding, you must indicate this on your form. Leaving this field blank or incorrect can result in unnecessary withholding from your payments.

By avoiding these mistakes, you can help ensure that your financial and tax records are accurate and up to date. This not only simplifies your tax reporting requirements but also helps maintain a seamless relationship with entities that need your W-9 information for their own tax reporting purposes.

Documents used along the form

When someone fills out an IRS W-9 form, it usually means they're setting up a financial or employment relationship that requires accurate tax information. The W-9 form is used by businesses to gather tax information from freelancers, consultants, and other vendors paid in the normal course of business. This helps businesses issue 1099-MISC forms or other tax documents correctly. Besides the W-9, there are several other forms and documents often used alongside it to ensure compliance with tax laws and smooth business operations.

  • Form 1099-MISC: This form is used by businesses to report payments made to non-employees, such as independent contractors. It’s directly related to the information provided on a W-9.
  • Form 1099-NEC: Recently reintroduced, this form is specifically for reporting non-employee compensation of $600 or more in a year, shifting away from the 1099-MISC for such purposes.
  • Form W-4: This form is completed by employees to let their employers know how much tax to withhold from their paycheck. It’s not used for contractors, but it’s often handled in similar settings as the W-9.
  • Form W-8BEN: Used by foreign individuals or entities to certify their foreign status and claim any applicable treaty benefits for tax withholding purposes.
  • Form 1040: The U.S. individual income tax return form, which may be needed by independent contractors to report their income from all sources, including those for which a W-9 was completed.
  • Form 8832: This form is used by businesses to choose their classification for federal tax purposes. The choice affects which tax forms a business needs to file and is relevant to the entities providing W-9 forms.
  • Direct Deposit Authorization Form: Often used in conjunction with a W-9 for setting up electronic payments. It authorizes businesses to deposit payments directly into a bank account.

Together with the IRS W-9 form, these documents facilitate accurate tax reporting and compliance for both individuals and businesses. While the W-9 helps businesses collect necessary tax information from payees, the other forms ensure that both parties meet their tax obligations and can streamline financial transactions. Understanding and using these forms correctly can help avoid tax-related complications and smooth out the financial aspect of professional relationships.

Similar forms

  • The IRS W-4 Form is similar to the W-9 Form in that it is also used for tax purposes, specifically for determining the amount of taxes to withhold from an employee's paycheck. Both forms gather taxpayer identification information, such as social security numbers, but the W-4 is for employment while the W-9 is typically for freelance or independent contractor situations.

  • The 1099-MISC Form shares a connection with the W-9 Form, as it is often the next step in the tax documentation process after the W-9 has been filled out. The 1099-MISC Form is used to report payments made to freelance or independent contractors, which were originally gathered through the W-9. Thus, the W-9 helps entities report accurate information to the IRS on the 1099-MISC.

  • A W-8BEN Form, much like the W-9, is used for tax reporting purposes; however, it is specifically for foreign individuals or entities claiming exemption from certain U.S. information return reporting and backup withholding. It serves a similar role as the W-9 but is tailored for non-U.S. persons.

  • The Form I-9, Employment Eligibility Verification, is another form required by the federal government, and while it focuses on verifying an employee's eligibility to work in the United States, it shares the feature of personal information collection like the W-9. Both forms are essential for compliance with U.S. laws—W-9 for tax purposes, I-9 for employment eligibility.

  • The SS-4 Form, Application for Employer Identification Number (EIN), is related to the W-9 in that both are involved in tax ID numbers. The SS-4 is used by entities to apply for an EIN, which they then use to identify their business on documents like the W-9 when they hire independent contractors or freelancers.

  • The W-2 Form, Wage and Tax Statement, is akin to the W-9 as it serves a critical role in the U.S. tax filing process, albeit for different purposes. The W-2 is issued by employers to employees, detailing the employee's annual wages and the amount of taxes withheld from their paycheck, contrasting the W-9’s use to gather taxpayer information for non-employment compensation.

Dos and Don'ts

Filling out the IRS W-9 form is a standard procedure that requires attention to detail and accuracy. This document is crucial for individuals and entities as it provides information to parties who will be paying them; this is necessary so that correct information is reported to the Internal Revenue Service (IRS) for tax purposes. To ensure that the process is completed effectively, there are specific do's and don'ts to keep in mind.

Do's:

  • Provide accurate information: Double-check your Social Security Number (SSN) or Employer Identification Number (EIN) to prevent any errors. Inaccurate information can lead to tax reporting issues and potential fines.
  • Use your legal name: The name entered on the form should match the name registered with the IRS. For individuals, this typically means the name on your Social Security card.
  • Sign and date the form: An unsigned form is not valid. Ensure that you sign and date the form in the designated area to certify that the information provided is correct.
  • Review the exemptions: If you qualify for exemptions (which might apply to certain entities, not individuals), make sure to correctly fill out this section according to IRS guidelines.

Don'ts:

  • Leave fields blank: If a field does not apply, it's safer to mark it as "N/A" than to leave it empty. This shows that you have not overlooked the field.
  • Ignore the form's instructions: The W-9 form comes with detailed instructions. Not following these can lead to errors in how you complete the form, so always review them before filling out the form.
  • Use a pencil: Information entered on the form should be permanent, so ensure you use black or blue ink. Writing in pencil can lead to information being altered or become illegible over time.
  • Send it to the IRS: The W-9 form is not typically submitted to the IRS directly by the payer. Instead, it is kept on file by the person or entity that has requested it from you, for purposes of verifying your tax information.

Misconceptions

The IRS W-9 form is a critical document used in the United States for tax identification and certification purposes. However, various misconceptions surround this form, influencing how individuals and businesses perceive and handle it. Clearing up these misunderstandings is essential for accurate compliance and tax practices. Below are seven common misconceptions about the IRS W-9 form.

  • Only employees need to fill it out: A common misconception is that the W-9 form is only for employees. In reality, independent contractors, freelancers, and other non-employees must complete it when they start working with a new client or business, facilitating correct reporting of income to the IRS.

  • It must be submitted to the IRS: Unlike many tax forms, the W-9 does not need to be sent to the IRS. Instead, it is provided directly to the person or company that has requested it, often to ensure they have the correct information for tax reporting purposes, such as issuing 1099 forms.

  • It’s only for tax reporting: While the primary purpose of the W-9 form is for tax identification and reporting, it also serves to verify the payee’s identity and certify that they are not subject to backup withholding due to previous underreporting of interest and dividends.

  • It needs to be completed annually: There is a belief that a W-9 form must be updated and submitted every year. In fact, a new W-9 form is only necessary if the payee’s circumstances change, such as a change in name, business entity, or Tax Identification Number (TIN).

  • Foreign individuals always fill out a W-9: This is not accurate. Foreign individuals or entities usually complete a form from the W-8 series, such as the W-8BEN, to document their status as non-U.S. persons, which affects tax withholding requirements.

  • The information provided is used for state taxes: While the W-9 form is primarily intended for federal tax purposes, the information may also be used by businesses to comply with state tax reporting requirements, particularly when reporting payments to contractors and other non-employees.

  • Submitting a W-9 automatically means tax will be withheld from payments: The purpose of the W-9 is to provide a taxpayer identification number (TIN) to the requester and to certify that the individual is not subject to backup withholding. Unless under specific circumstances where the IRS mandates it, submitting a W-9 does not mean that taxes will be automatically withheld from payments. It primarily helps the requester determine if withholding is necessary.

Understanding the purpose and requirements of the IRS W-9 form can help avoid these common misconceptions. This ensures proper compliance with IRS guidelines, reducing the risk of penalties or errors in tax reporting.

Key takeaways

Filling out and using the IRS W-9 form is a straightforward process, but it's filled with nuances that can trip up anyone not paying attention. If you've been asked to complete one, or you're on the other side collecting them, here's what you need to know to handle the IRS W-9 form confidently.

  • Always Use the Latest Version: The IRS updates its forms periodically, including the W-9. Before filling one out or handing it over, double-check on the IRS website to ensure you have the most recent version. This can save you from having to re-do paperwork down the line.
  • The Importance of Accuracy: On the W-9, you're asked for identification details such as your name, business name (if applicable), classification, and Taxpayer Identification Number (TIN). It's crucial that the information provided matches the records held by the IRS. Misinformation can lead to backup withholding or other tax issues.
  • TIN Verification: Sometimes, businesses request a W-9 form to verify your TIN. They are responsible for withholding a portion of your payment as income tax unless the IRS can confirm your TIN. So, getting this right not only ensures you're paid in full but also that you're complying with tax laws.
  • Protect Your Information: Becoming ever more important, the security of your sensitive information, such as your Social Security Number (SSN) or Employer Identification Number (EIN), cannot be overstated. Only provide your completed W-9 to trusted parties and through secure channels to prevent identity theft.
  • Understanding the Exemptions: The W-9 form includes a section for exemptions. These are rarely used by individuals but more common for businesses or entities exempt from backup withholding or subject to FATCA reporting. Knowing if you qualify can save time for both you and the requester.
  • Retention and Record Keeping: Once you've submitted your W-9 to a requester, they do not send it to the IRS. Instead, they keep it on file for verification purposes. You should also keep a copy for your records. This is helpful if your information is ever questioned or you need to refer back to what was submitted.

Keep these key takeaways in mind, and handling the W-9 form will become a more secure and less daunting task. Whether you're filling one out for the first time or you're on the collecting end, staying informed will help ensure the process goes smoothly for everyone involved.

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