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Posted

Master Commissioner of local Circuit Court handled a partition sale of real estate which requires that Forms 1099-S be issued. There are 28 individual recipients. Of those 28, fifteen have refused to provide their social security numbers (of course, it never occurred to the MC to get their SSN's prior to disbursing the funds!). Since more than 25% of the SSN's are missing the 1099's can't be e-filed. Does anyone have any of the pretty pink original 1099-S forms and a 1096 they would be willing to share with me? I'll be happy to reimburse the cost of postage.

Posted

While in theory they require the red forms, I sent them in on paper for years just in black. If you have a color laser printer, that might do it for you.

If you get desperate, I can try printing blank Form A's in red laser-printer color for you.

Posted

Master Commissioner of local Circuit Court handled a partition sale of real estate which requires that Forms 1099-S be issued. There are 28 individual recipients. Of those 28, fifteen have refused to provide their social security numbers (of course, it never occurred to the MC to get their SSN's prior to disbursing the funds!). Since more than 25% of the SSN's are missing the 1099's can't be e-filed. Does anyone have any of the pretty pink original 1099-S forms and a 1096 they would be willing to share with me? I'll be happy to reimburse the cost of postage.

message me with your address and they will be in tomorrows mail.

Posted

Master Commissioner of local Circuit Court handled a partition sale of real estate which requires that Forms 1099-S be issued. There are 28 individual recipients. Of those 28, fifteen have refused to provide their social security numbers (of course, it never occurred to the MC to get their SSN's prior to disbursing the funds!). Since more than 25% of the SSN's are missing the 1099's can't be e-filed. Does anyone have any of the pretty pink original 1099-S forms and a 1096 they would be willing to share with me? I'll be happy to reimburse the cost of postage.

Be sure to enter "REFUSED" in the SS# box and make sure addresses are accurate.

  • Like 1
Posted

Many times, telling the recipients that their 1099-MISC *will* be filed, with their SSN area marked "Refused" and that means they WILL get a letter from the IRS -- is enough to get the # out of them. They are trying to stay OUT of the IRS's notice, not get a big red flag pointing to them.

Also tell your client they should start mandatory 28% backup withholding on these folks IMMEDIATELY -- with the next check owed. What the vendor sees is missing money. What your client can rest in is that the backup withholding form (I forget the number) is an annual form -- most likely the recalcitrant ones will cough up the # before end of year and they can settle up internally.

  • Like 1
Posted

Many times, telling the recipients that their 1099-MISC *will* be filed, with their SSN area marked "Refused" and that means they WILL get a letter from the IRS -- is enough to get the # out of them. They are trying to stay OUT of the IRS's notice, not get a big red flag pointing to them.

Also tell your client they should start mandatory 28% backup withholding on these folks IMMEDIATELY -- with the next check owed. What the vendor sees is missing money. What your client can rest in is that the backup withholding form (I forget the number) is an annual form -- most likely the recalcitrant ones will cough up the # before end of year and they can settle up internally.

Catherine:

The problem here was the Master at the Courthouse. That person sent out the funds without securing the back up info for the 1099's. Major mistake on their part. And this is a one time deal, so no way in the future to do withholding going forward.

My office is across from the courthouse. And If I had this problem, I would be at the Clerk of Courts office telling them how badly they screwed up, and not to do it going forward. Mainly, to require a completed W-9 BEFORE sending out any funds.

That barn door is wide open here...

Rich

  • Like 1
Posted

I understand it won't work for you, on this one, Rich, But Cat's advice is excellent for dealing with vendors who don't want to give their number. 28% is usually a lot more than their actual tax rate. And reminding the client that the backup withholding form is an annual form, so if the recalcitrant ones cough up the # before the end of the year and they can settle up internally and not have to file it if they do, is a good point many clients don't understand.

Posted

We have sent out W-9 forms to these folks not once, but twice, along with stern letters stating that the 1099 forms would be filed showing that they refused to provide their SSN and that penalties could be imposed. Most of these recipients are Amish so that may be part of the problem. In any event, this was a one time thing so no reason to worry about backup withholding. This was the first partition sale that the Master Commissioner had dealt with in a very long time which is why she didn't think of getting the info until it was too late, but I'm betting she won't forget in the future.

Thanks for all your help and suggestions,

Gina

  • Like 1

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