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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 14435
Experience:  15years with H & R Block. Divisional leader, Instructor
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I'm ***** *****. I have a contractor that is refusing to

Customer Question

Customer: Hi, I'm ***** *****. I have a contractor that is refusing to give me his SS number. His wife also contracted for me and I have her SS number, the both file jointly. Can I issue one 1099 with the joint earned amount to he SSN?
JA: Thanks. Can you give me any more details about your issue?
Customer: A contractor, who operates with a Construction company name, did some work for my construction company in 2015. He complete the work and was paid in October. I have been trying to get his SSN or tax payers ID but he is ignoring my requests.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $32) to post your type of question to Tax Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
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Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Hello

You cannot rightfully report income to one individual that is paid to another. Unless the husband and wife have a business that provided the services to you and the wife completed the W9 for all the income paid to that specific company, you cannot report all paid to her.

If a company or person does not provide a W-9 to the requester, the requester must immediately initiate backup withholding. This means that the requester must withhold an amount from any payments made to the company or individual for whom no valid W-9 is on file.

If you have already paid this individual then you should document your request attempts for the W9 and issue the 1099MISC anyway. The IRS can waive the penalty to you for not entering the SSN and will advise you to from now on get the W9 prior to paying.

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