Skip to main content
June 3, 2019
Solved

How can I issue a 1099 Misc to a Contractor without their Social Security number?

  • June 3, 2019
  • 5 replies
  • 0 views

I paid Contractor over $40,000, I had a contract with them but, no social security number was given to me.

Best answer by jbeasley2

You can still issue a 1099-MISC without the social security number. However, to maintain compliance with IRS guidelines, you must make a formal request to the subcontractor for his identification number before the end of the year.

If you do not have the Social Security number by the time to file Forms 1099-MISC, you should leave the identification number box empty, but still submit the report to the IRS.

The IRS will send a notice stating that the number is missing.  This notice must be sent along with a backup withholding notice and W-9 form to the subcontractor. This notifies the subcontractor that he will be subject to withholding until he submits his identification number.  He is also subject to a penalty of $50 for failure to furnish the Social Security number to you.


5 replies

jbeasley2Answer
Employee
June 3, 2019

You can still issue a 1099-MISC without the social security number. However, to maintain compliance with IRS guidelines, you must make a formal request to the subcontractor for his identification number before the end of the year.

If you do not have the Social Security number by the time to file Forms 1099-MISC, you should leave the identification number box empty, but still submit the report to the IRS.

The IRS will send a notice stating that the number is missing.  This notice must be sent along with a backup withholding notice and W-9 form to the subcontractor. This notifies the subcontractor that he will be subject to withholding until he submits his identification number.  He is also subject to a penalty of $50 for failure to furnish the Social Security number to you.


Employee
June 3, 2019
@TurboTaxJenB   Thanks for your answer but intuit does not give you the option to leave SSN/EIN blank.  I have 3 contractors that ignored my requests for SSN/EIN but I need to issues/file these 1099 tomorrow!!! Thanks so much!!
January 16, 2023

Track1099.com will allow you to file a 1099-NEC without a TIN.  Track1099 is pay per filing, no subscription required.

January 7, 2020

Can I report 4 workers without SSN, they made less than 600

Critter
Employee
January 7, 2020

A 1099 is not required if they made less than $600 ... however you can still deduct the payments ... just keep excellent records in case the IRS asks.  And in the future .... NEVER hire anyone unless they agree to fill in a W-9 form first before any work is done and ALWAYS before any payment is made.  

May 10, 2021

The answer to this question is found in IRS publication 1281 starting at page 5.  You will receive notice from the IRS regarding an incomplete 1099.  From there, you must submit a Form to the Payee.  If you are continuing to pay the payee, and the payee does not provide a TIN, then above $600.00 annually, you will have to start withholding tax from the payee.  Basically, it's a big headache if you have a regular 1099 payee who is earning above $600.00 annually.  Hope this helps.

PrivateInvestigatorLance
July 26, 2021

I found a solution.  Private investigators can find peoples social security numbers for a fee.  Here is a video of how to get someone's ssn to complete a 1099-MISC https://youtu.be/wsbhAUtxU2A

KrisD15
January 22, 2023

No, you do not need to apply for an EIN to report the rental income.

No, in your situation, you will not need to issue a 1099 for the work you had done on your residential rental.

 

There is a little bit of controversy on this subject, but the bottom line is that only Business Owners are required to obtain a W-9 from their sub-contractors (W-9 is a form where the sub-contractor gives the contractor their EIN) and then file a 1099-NEC for payments made over the filing threshold. 

 

IF the rental is reported as a business, such as Commercial Rentals, this requirement would be in force, but as passive income reported on Schedule E, there is no such requirement. 

 

Click this link to read more.

 

@TC7983

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"