Form 1099 with only name

[Randall]

Do you complete a 1099 with only the name and amount paid if you don't have ssn and address?  I think I've done this in the past.  The client would later receive a notice regarding missing info.  I was wondering what can you do.

[Yardley CPA]

Randall...I have the same question.  I have a small Schedule C client that requires a few 1099's to be sent.  I have all the information for most vendors but do not have the EIN/SSN for a couple.  My thinking is to complete the 1099 and mail it without having that info.  Thoughts from anyone else, please?

[jklcpa]

On 1/25/2017 at 0:57 PM, Randall said:

Do you complete a 1099 with only the name and amount paid if you don't have ssn and address?  I think I've done this in the past.  The client would later receive a notice regarding missing info.  I was wondering what can you do.

https://www.irs.gov/individuals/international-taxpayers/filing-forms-w-2-and-1042-s-without-payee-tins

Paper file with the affidavit attached and payer should keep documentation that shows it exercised due diligence in trying to ascertain the TIN and other information, otherwise IRS can assess the penalty.

Does not getting the required information also open up the possibility that the IRS will try to collect the 28% wtihholding from the payer that should have been withheld because of not having a W-9 from the payee at the time payment was made?

[Catherine]

I send them with whatever information I have.  Lots of times you can find addresses online - especially for people who are (or who claim to be) running a business.  Yelp, white pages online, etc.  In the ssn field,leave blank or put "refused".  I have never seen the IRS demand retroactive 28% backup withholding, but I *have* seen letters stating every new check must have that.  Funny how oftentimes a client telling their vendor they are required to withhold 28% magically makes those w-9's appear.  

One client, years ago, had one recalcitrant vendor but they just kept paying anyway.  I changed their QuickBooks vendor's info to print the check out to "NO MORE checks until W-9 received!" and the office lady did not know how to fix it so they were stuck.  Worked like a charm in that instance, and I still chuckle over it.

[jklcpa]

Catherine, if you have a client with a large number of forms to file, do you e-file most and then paper file the ones with the missing info? Do you attach the affidavit?

[Catherine]

18 minutes ago, jklcpa said:

do you e-file most and then paper file the ones with the missing info?

The last couple of years I have been using EFileMyForms online and they let you e-file without ssn's.  Before that, using the FIRE system, you CAN e-file as long as not more than 25% of the 1099's are missing ssn's.  

[BLACK BART]

If you know what town the person lives in you can use "General Delivery" for the street address.  Although the post office did away with the "General Delivery" system some years back, they will still send it to that town.  I've done that; a few are sent back but mostly not and IRS has never (that I know of) billed any of my clients for the missing information.  If the employee comes later in person to get a copy, no harm's done since only the 1040 address really matters.  Also, one client lists his own address on the 1099 if he can't get theirs and those go through alright.

The number's a different thing; no way around that, but I've never seen or heard of a fine or letter from IRS over a few missing numbers.  Usually Social Security sends a letter about a year later asking for the number.  I've written on the letter that the person would not furnish it, have no idea where he/she is, and sent it back. Generally that concludes the matter, but once I got an SS letter again the next year, wrote the same thing, sent it back and never heard anything else (letter/fine from anybody) again. 

While I've never seen IRS assess fines for two or three missing numbers or addresses, I have seen penalties assessed against clients for LATE FILING of 1099s  

[Catherine]

1 hour ago, BLACK BART said:

Usually Social Security sends a letter about a year later asking for the number. 

I've seen a couple of these - and more than once I've seen mismatch notices, manly due to people who had changed their names on marriage or divorce and never notified the SSA.  

[Yardley CPA]

Thanks for everyone's response.  My client has all the vendors information (name, address, amount) but does not have the vendors EIN/SSN.  I will move forward and paper file.  Thank you again.  

[Medlin Software, Dennis]

General Delivery at a zip code still works.  Has to be to a post office which processes it (I think if there is more than one office in a certain area, one is designated for GD).  I also remember something about a postmaster being able to refuse GD.

I have at least two customers who use GD.  I remember speaking to one several years back.  IIRC, they use GD instead of paying for a box.  The other, I am not sure, since they have a street address listed online.