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QUICK REFERENCE GUIDE FOR PUBLIC EMPLOYERS <br />Information Reporting Customer Service Site <br />The IRS operates a centralized customer service site to answer questions about <br />reporting on Forms W-2, W-3, 1099, and other information returns. If you have <br />questions about reporting on these forms, call 1-866-455-7438 (toll -free), Monday <br />through Friday, 8:30 a.m. to 4:30 p.m., Eastern time. <br />9. BACKUP WITHHOLDING <br />Government entities are subject to rules that require payers to withhold income tax of 28% <br />from certain payments if the payee is not exempt from backup withholding and fails to furnish <br />correct taxpayer identification number (TIN). The IRS may also notify a payer to begin backup <br />withholding because of payee underreporting. <br />Failure to follow the backup withholding rules can result in penalties to the payer for filing <br />incorrect information returns. The payer may also become liable for any uncollected amounts. <br />Payments subject to backup withholding include rents, nonemployee compensation for <br />services, royalties, and reportable gross proceeds paid to attorneys, and other fixed or <br />determinable gains, profits, or income payments that are reportable on Form 1099-MISC, <br />Miscellaneous Income. The total backup withholding is shown in Form 1099-MISC, box 4. <br />For all payees, you must make an initial solicitation for a TIN when the payee opens an <br />account or when the transaction occurs. Use Form W-9, Request for Taxpayer Identification <br />Number, to request the taxpayer identification number. <br />Note: Authorized payers can register for electronic taxpayer identification matching, which <br />provides the opportunity to match 1099 payee information against IRS records prior to filing <br />information returns. For more information, see Publication 2108A. <br />Backup withholding may be required immediately if the payee fails to furnish a TIN. In other <br />cases, the payer is instructed to begin backup withholding through notification by the IRS. In <br />general, in the case of any reportable payment, if the payee fails to furnish his taxpayer <br />identification number to the payer in the manner required, then the payer must deduct and <br />withhold tax equal to 28% of the payment. The tax collected from backup withholding is <br />reported on Form 945, Annual Return of Withheld Income Tax, and is subject to deposit <br />requirements. The deposit rules for backup withholding and other nonpayroll withholding are <br />the same as the rules for depositing employment taxes; however, they are accrued and paid <br />separately. <br />The payer is liable for the payment of the tax required to be deducted and withheld under the <br />backup withholding rules. If the payer fails to deduct and withhold tax at a rate of 28% from a <br />reportable payment, and the payee fails to furnish the TIN, the payer is then liable for the <br />payment of the tax. <br />19 <br />