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AdminBooks Tips:
If the business name is listed by mistake, then you will receive a letter from the IRS saying the name and ID do not match. Then the IRS will require you to withold money from future checks.
A few indications to strengthen your case are:
All merchant companies that process credit card payments are required to issue 1099-Ks to the seller. It can be for 1 transaction for any amount. The main reason for this law is to capture payments going through eBay, PayPal and Amazon. However, now the common business owner will get a 1099-K as well if their clients/customers pay them with a credit card. Here is the confusing part: businesses will provide a 1099-MISC for payments made with a check/cash and the merchant company will process 1099-K’s made with a credit card.
Let’s give some examples to clarify:
Example 1 – You pay a subcontractor $700 for services. If you paid them with a check, you issue them a 1099-MISC.
Example 2 – You pay a subcontractor $700 with a check and $800 with a credit card. You will issue them a 1099-MISC for $700 and the subcontractor’s merchant company will give them a 1099-K for the $800.
Example 3 – You pay a subcontractor $300 with a check and $800 with a credit card. We recommend that you still issue a 1099-MISC for $300 because the combine total payment to the subcontractor (check and credit card) was over the $600 amount – this is the safe answer.
~If the 1099 comes back to you undelivered, keep a copy for your records to show the attempt.
~If the contractor has already performed their services and you cannot get the contractor to fill out the W-9, keep a log of the attempts to contact them by phone, email or letter. The IRS has penalties for not sending the 1099 and if you show intent, hopefully there will be grace in the penalties.
~If you find you made a mistake on the amount or tax ID number, you can always correct the form and re-send it by checking the “Corrected” box.
~Corporations do NOT get 1099s, but some people are confused if they should send a 1099 to LLCs. Send a 1099 to single-member LLCs and multi-member LLCs (partnerships.)
~1099s are required to ALL attorneys regardless of their entity type or amount paid!
Have the contractor fill out a W-8BEN and keep this on file. Prepare a 1099, but there will be no tax ID number on the form. If questioned by the IRS, show them a copy of the W-8BEN. There are no withholding requirements for those that work outside the US.
If a foreign contractor performs services in the US, there are 3 conditions that need to be met:
If any of the above conditions are not satisfied, a principal has to report and withhold income of a foreign independent contractor. However, the withholding can be avoided if the country of the contractors has a tax treaty with the US.
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