I know this ? Has probably been answered here before but here it is again:

My very small business paid an independent contractor over $600 in 2005. We have the person's address but either never got the SSN or have lost it. This person, when contacted, is refusing to give us the SSN. Can we file the 1099-MISC with the name/address but without the SSN(TIN)? I found something on the IRS site that talks about doing that but being subject to a penalty for missing info and the need to file a correction by 8/2006. Any ideas on how to proceed? Thanks.

FlyDrive:

Mail him the IRS W-9 and a written request for the information. Send it certified mail return receipt.

Once he receives the document, he has a legal obligation to provide the information requested. Follow the instructions on the form.

If the contractor still refuses, report him to the IRS and let them handle it.

Thanks for the advice! I know that I should have made sure that I had this info long before now, but having said that, I obviously will not be able to file the 1099 until they respond and then it will be after the deadline to provide them with their copy. I think the deadline for me to file the 1099 with the IRS is 2/28.

Thanks again

28 February sounds right. You still have time if he decides to cooperate.

Quote:

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Originally Posted by AtlantaTaxExpert

28 February sounds right. You still have time if he decides to cooperate.

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If he doesn't give me the SSN then I guess I will have to file the 1099 with the IRS anyway and open myself up to a penalty for filing with missing info. Also, I think the IRS says I should have done backup withholding, which I didn't. Any idea if I would be on the hook with the IRS for the 28% backup withholding that I didn't withhold?:eek:

Don't file the 1099.

Just report to the IRS that you sent the W-9 and he refused to provide the required information.

The IRS may even match up addresses and give you his SSN.

Just to update this in case it can help anyone else, I was able to obtain this person's SSN via a public records search with the state. No shady internet private eye but with the State itself. Sure enough a financing application (UCC document) was there in the public record that had the SSN on it.

Furthermore, a call to the IRS verified that if you are filing the 1099 electronically the deadline is not until 3/31/06. You are still required to provide a copy to the recipient by 1/31, which I did by sending them a paper 1099 that was complete except for the SSN, which is acceptable too. I used filetaxes.com to e-file the 1099, once I had obtained the SSN, for under $4.
:)

Good info for the self-employed among us!

Accidental double-entry