S-Corp gives Soc, not an EIN number on W-9

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SteveBallard
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Joined: Wed Oct 16, 2013 10:24 am

S-Corp gives Soc, not an EIN number on W-9

Post by SteveBallard » Wed Oct 16, 2013 10:25 am

Hello,

We just hired a subcontractor and received their W-9. The information on the W-9 gave me the Name, Business Name (which is LLC), they checked that they are an "S" corp but only gave us their social security number (no EIN is entered). Do we 1099 them?
:?:

AskTax Guru
Posts: 3
Joined: Fri Aug 09, 2013 2:20 pm

Re : S-Corp gives Soc, not EIN number on W-9

Post by AskTax Guru » Tue Oct 29, 2013 9:22 am

I guess your sub-contractor might be a LLC treated as an S corp for tax purposes. As long as this is ture, then, you do not need to 1099 them. You can check it with the subcontractor.1099s are usually issued to individuals, not to businesses such as an S-Corp/ C-Corp. As you said, as long as your EE, the subcontractor, is an S corp , NOT SMLLC,(disregarded entity)/sole proprietor, you do not 1099them.So, in addition, firms that hire LLCs and pay them more than $600 per year must file Form 1099-MISC with the IRS to report the amount of the payment. (This requirement doesn't apply if the LLC has opted to be taxed as a S or C-corp.)
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pHumhrey
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Joined: Fri Nov 16, 2018 9:40 am

Re: S-Corp gives Soc, not an EIN number on W-9

Post by pHumhrey » Mon Jan 14, 2019 6:05 am

It looks valid, they're LLC treated as an S Corp, so I agree you shouldn't have to issue them with 1099-MISC. You may find this on the IRS' official instructions from its website and here: https://1099-misc-form.pdffiller.com/ as well. Just remember that you don't need to issue this form at all if a business stands for it's incorporated

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