What happens if a contractor or vendor refuses to fill out a W-9 form?
- Make sure to document any attempts to request a Form W-9 in writing. The easiest way to do this is via email. The IRS requires that you request a W-9 using “three solicitations”.
- The first request should take place at the onset of your business relationship, prior to paying any sums to the person.
- The second request should occur by December 31 of the same year in which you started working together.
- A third request should happen by December 31 of the next year.
- If your requests prove unsuccessful, you must begin backup withholding of 24% immediately and report on IRS Form 945.
- If you have paid the vendor or subcontractor at least $600 over the course of the year, you still need to file a Form 1099-NEC for this payee. Because you do not have the needed information to fill out a digital Form 1099-NEC for this vendor, you must complete a paper form. This is due to the fact that the IRS won’t allow for blank spaces on a digital form.When preparing the paper Form 1099-NEC, make sure you write the word “refused” in the Tax Identification Number (TIN) box where you would normally put their social security number or employee identification number.
- Once the Form 1099-NEC is complete, send the vendor and the IRS their copies just like you would for anyone else.