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By Roger Chartier

One can download and print a W-9 form for free.
This is the current W9 form.

This form IRS W-9 is a request, for a "Taxpayer Identification number and certification", it is a four page form.

The pages 2,3 and 4 are instructions. Usually for most purposes the form takes but a few minutes at most to fill out properly.

That TIN or Taxpayer Identification Number is either a Social Security Number as an individual or an Employer Identification Number.

For those whose first language is Spanish, a Spanish W9 form is available.

For the name section he/she must use the name shown on their tax return.

small image of W-9 - www.PrintW9.com If a person has changed their name due to marriage etc., they should see the instructions on the download able form for what to do in that instance.

For a sole proprietor, enter the individual name just as was done on the name line of the income tax return.

A person may add their business, trade or DBA name on the "Business name/disregarded entity name" line.

Those who are a US citizen or a resident alien would use
the Form W-9.

If one is a single foreign person and not a resident alien, do not use Form W-9. In it's place use IRS form W-8.

Request for Taxpayer Identification Number and Certification - is the title of the W-9 Form.

The top most section to fill in is covered in this next section followed by the other sections with explanations.

Withholding:

Persons making payments to another, must under certain conditions withhold and pay to the IRS a percentage of such payments. That is called "back-up withholding".

These sorts of payments include interest, tax-exempt interest, dividends, broker and barter exchange, transactions, rents, royalties, non-employee compensation (pay) and certain payments from fishing boat operators.

A person will not be subject to back-up withholding on payments they receive if they give the requester the correct Taxpayer Identification Number or TIN, make proper certifications, and report all of their taxable interest and dividends on their tax return.

Revue of the W-9 form and instructions.

To Fill in the Form W-9

  • The first line to fill in is titled "Name (as shown on your income tax return). Some folks will incorrectly add in a name that might include a nickname or leave out the middle name that was on a previous tax return.  As they say, the name should remain the same as previous tax returns and it should be your legal name.

  • The second line is for: Business name/disregarded entity name, if different from above.

  • The third section asks you to:
    Check the appropriate box for federal tax classification.
    This means to let them know what you are as far as their classification is concerned.

The box selections to be checked are:
Individual/Sole Proprietor - C Corporation - S Corporation Partnership - Trust/estate - Limited Liability Company Enter the tax classification (C=C corporation, S=S corporation, P=partnership) and Other (see instructions).

There is another section where you can choose to check (if it applies) a box for "Exempt Payee".

Next on the section to fill out are the Address (number, street, and apt. or suite no.)

The next line is easy as well as it asks for the City, State and Zip code.
There is a separate box for an optional fill in that is for the Requester's name and address. As I have said that is an optional box.

Another optional box is where they ask you to list account number(s).
From here one would continue to Part 1.

Part 1

Of the W-9 form asks for your TIN or (Taxpayer Identification Number).
These are either your social security number or your Employer Identification Number.

The form tells us that: We must enter the TIN in the appropriate box. The TIN provided must match the name given on the “Name” line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3.

On Page 3 essentially they say If you are a resident alien and can't for whatever reason get a SSN then you use your IRS Individual taxpayer identification number (ITIN). That number is entered in the "Social Security number box.

If you are asked to complete Form W-9 but do not have a TIN, write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. This means that you have applied for a TIN number or will very soon.
Read how to get one below.

For interest, dividend and some other payments made regarding readily traded instruments, you often have 60 days to get your TIN number and give it to your requester before you will become subjected to backup withholding on the payments. This does not apply to other payment types, so for those you will be subjected to backup withholding until you get your number to the requester.

Form W-8 is used for a disregarded domestic entity that has a foreign owner.(W-8 Instructions)

To Apply For an ITIN

If you don't have an ITIN you can get one by applying.
You can download the appropriate Form W-7 and the W-7 instructions (9 pages) from these links.

For other entities, it is your employer identification number (EIN).
If you do not have a number, see How to get a TIN on page 3.

If you are a sole proprietor and have an EIN you can use it but the IRS prefers that you use your Social Security Number.
It tells you to use this Form SS-4 to apply for a EIN.

Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter.

To get a Social -Security number apply using this Form SS-5.

Purpose of the Form
References are to the IRS code unless otherwise noted.

A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to:
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.

Note. If 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:
  1. An individual who is a U.S. citizen or U.S. resident alien,
  2. A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States,
  3. An estate (other than a foreign estate), or
  4. A domestic trust (as defined in Regulations section 301.7701-7).

The IRS tells us that:
Special rules for partnerships
. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners’ share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the 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 withholding on your share of partnership income.

Part ll - Certification

It starts with "Under penalties of perjury, I certify that:"  Those are heavy words so be careful to be very truthful. The Form states 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 IRS that I am subject to backup withholding as a result of a failure to report all interest and dividends on your tax return.
  3. For real estate transactions Item 2 does not apply. 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 on page 4.

The next part for you to fill in is the grand ending it says,
Sign Here Signature of U.S. person -> then a long line to sign on with and ending that asks for the date.

That is the end of what must be filled out on the form but it does have a 3+ page section of instructions that go into more detail than is covered here so be sure to read the instructions to be sure not to make an error on the form.

Important to remember:

Payments that you receive will be subject to backup withholding if:

  1. You did not furnish or put your TIN on the Form for your requester.
  2. You do not certify your TIN when required.
  3. The IRS tells the requester that you furnished and incorrect TIN.
  4. The IRS lets you know that you are now subject to backup withholding because you didn't report all of your dividends and interest 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).

There are penalties.

As of now the fine for failure to furnish a correct TIN is $50.00 unless there is reasonable cause and not willful neglect.

For false information as far as withholding is concerned there is a $500.00 fine for a false statement with no reasonable basis for a no backup withholding.

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.

Watch out for Emails from the IRS.

You shouldn't get an email form the IRS as they don't initiate communicate that way.  Our IRS does not ask for personal detailed information through email. The IRS doesn't ask taxpayers for passwords, the PIN numbers, or other secret access information for bank, financial accounts or credit cards.

An email that does this is likely a false, phishing or spam email and the source is trying to get your information for devious purposes.
Do not reply to it. If you are worried check with the IRS directly to be sure there is no problem.

What name and number to give requester?

Account Type Give Name and Social Security Number of
1. Individual   The individual
2. Two or more individuals (joint account) The actual owner of the account or, if combined funds, the first individual on the account 1
3. Custodian account of a minor (Uniform Gift to Minors Act) The minor 2
4. a. The usual revocable savings trust (grantor is also trustee) The grantor-trustee 1
b. So-called trust account that is not a legal or valid trust under state law The actual owner 1
5. Sole proprietorship or disregarded entity owned by an individual The owner 3
6. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulation section 1.671-4(b)(2)(i)(A)) The grantor*
  Give the Name and EIN of
7. Disregarded entity not owned by an individual The Owner
8. A valid trust, estate, or pension trust Legal entity 4
9. Corporation or LLC electing corporate status on Form 8832 or Form 2553 The corporation
10. Association, club, religious, charitable, educational, or other tax-exempt organization The organization
11. Partnership or multi-member LLC The partnership
12. A broker or registered nominee The broker or nominee
13. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The public entity
14. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671-4(b)(2)(i)(B)) The Trust

1. List 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.

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

3 You 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.

4 List 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 on page 1.

*Note
. Grantor also must provide a Form W-9 to trustee of trust.

Read the downloaded W-9 instructions pages 2, 3, 4 of the W-9 Instructions Section.

 
 
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