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    4. Backup withholding — who does it impact and why

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    Article

    Backup withholding — who does it impact and why

    Feb 26, 2019

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    By Amy Bidleman

    Ever wondered what “are you subject to backup withholding” means when you see it on account applications?
    The IRS levies a tax known as “backup withholding” on certain payments to a payee that are not otherwise subject to withholding at the time of payment. As of January 1, 2018, the backup withholding tax rate dropped from 28% to 24%.

    When does the IRS require backup withholding?

    A payee may be subject to backup withholding under the following circumstances:

              • Failure to complete Form W-9, Request for Taxpayer Identification Number, or the taxpayer provided an incorrect taxpayer identification number (Social Security Number, Employer Identification Number or Individual Taxpayer Identification Number). Form W-9 is required upon opening a new account, making an investment or receiving payments reportable on Form 1099 
              • Failure to report interest, dividend or patronage dividend income on income tax return.

    What payments are subject to backup withholding?

    Payments that may be subject to backup withholding include:

              • Interest (Form 1099-INT)
              • Dividends (Form 1099-DIV)
              • Patronage dividends, but only if at least half of the payment is money (Form 1099-PATR)
              • Rents, profits and other income (Form 1099-Misc)
              • Royalties (Form 1099-Misc)
              • Commissions, fees or other payments for work performed as an independent contractor (Form 1099-Misc)
              • Certain payments made by fishing boat operations (Form 1099-Misc)
              • Broker and barter exchange transactions (Form 1099-B)
              • Payment Card and Third-Party Network Transactions (Form 1099-K)
              • Gambling winnings, if not already subject to regular gambling withholding (Form W-2G)

    How can backup withholding be prevented?

    Backup withholding can be prevented by accurately completing Form W-9 and reporting the correct income on federal income tax returns.

    If you receive a notice from a payer stating you haven’t provided a taxpayer identification number or that it’s incorrect, you can usually prevent backup withholding or stop it once you provide the correct name and taxpayer identification number.

    How is the backup withholding reported on an income tax return?

    If you were subject to backup withholding, the amount withheld will be reported on Form 1099 and should be reported as a payment toward the tax due on your federal income tax return for the year in which it is reported.
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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