1281, Backup Withholding for Missing and Incorrect Name/TIN(s), contains copies of the two types of “B” notices. If you receive a penalty notice, you may also have to send a solicitation to the payee. 1586, Reasonable Cause Regulations & Requirements for Missing and Incorrect Name/TINs on Information Returns. The following types of payments are exempt from backup withholding as indicated for payees listed in 1 through 13 above.
Independent personal services (a term commonly used in tax treaties) are personal services performed by an independent nonresident alien contractor as contrasted with those performed by an employee. Payments made to these individuals may be subject to 30% withholding (nonresident fedex w9 alien withholding rate) unless a lower rate is provided by tax treaty or the law. If you cannot determine whether the payee is a foreign person or a U.S. person, the presumption rules require you to treat the payee as a non-exempt U.S. person and deduct backup withholding.
Penalties for Non-Compliant Form W-9
In addition, there are penalties and fees for intentionally failing to furnish correct information or misuse of TINs. There are some repercussions if you do not remit Form W-9. First, the payor is required to begin withholding taxes from future payments. You may cross out item 2 if you’re filling out Form W-9 in connection with a real estate transaction. Item 2 doesn’t apply in this case, so it doesn’t matter if you’re subject to backup withholding.
The Certification section in Part II of Form W-9 includes certification relating to FATCA reporting. A bank, a brokerage firm, a lending institution that has canceled a debt you owe, or the issuer of a prize you have won all might ask. If you receive an email saying you won a prize for a contest you don’t recall entering, you may not want to give that person a W-9.
What is backup withholding?
If you maintain your account in the U.S., you can leave the second line blank or write “N/A.” If you’re unsure about your exemptions, Page 3 of the form outlines situations that would make you exempt. The W-9 form allows businesses to keep track of their external workforce. Instead, you send it to your supervisor or the company’s human resources department. If you did multiple jobs for multiple companies, you could fill out a number of W-9 forms in the same year. You will also have to submit new W-9 forms any time you change your name, business name, address or tax ID number.
