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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29558
Experience:  Taxes, Immigration, Labor Relations
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I had a subcontractor who did work for my company and never

Customer Question

I had a subcontractor who did work for my company and never submitted a w9 after requesting one. We cannot find him, we think he moved. How can we send him a 1099?
Submitted: 7 years ago.
Category: Tax
Expert:  Lev replied 7 years ago.

You need SSN of the payee to submit an information return - on the 1099-misc form.

You may mail the form to the last known address by certified mail and keep the receipt.


If you do not sent the form 1099-misc to the payee - you will be a subject to a penalty of $50 for each form.

You might be also a subject of the same penalty for an incorrect or missing TIN on an information return.

See page 12 instructions -


Let me know if you need any help.


Customer: replied 7 years ago.
The problem is that we do not have the information to send a 1099. How can we claim this as an expense?
Expert:  Lev replied 7 years ago.

Reporting the payment on the form 1099-misc and claiming the business expense - these are different issues. Your original question was about filing 1099-misc form.


Your supporting documents for business expenses should show the amount paid and that the amount was for a business expense. Documents for expenses include the following:

  • Canceled checks
  • Cash register tapes
  • Account statements
  • Credit card sales slips
  • Invoices
  • Petty cash slips for small cash payments

Also if W-9 form was not filed - the payment to a subcontractor is a subject of 30% income tax withholding.

If you do not have supporting documents or they are not sufficient - the risk is that in case of audit your deduction might be disallowed.

Sorry if you expected a different answer.

Let me know if you need any help.