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:
- 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).
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...
- 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
- 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.
- 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:
- You did not furnish or put your TIN on the Form for your requester.
- You do not certify your TIN when required.
-
The IRS tells the requester that you furnished and incorrect TIN.
- 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
- 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?
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