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Best answer by Mike9241

The IRS may impose a penalty if a 1099 form is submitted without a TIN or SSN.  However, the penalty will not apply if you can show the lack of information was due to an event beyond your control or due to significant mitigating factors.  You must also be able to show that you acted in a responsible manner and took steps to avoid the omission of this information, such as by writing the contractor to ask for this information.

 

and don't use the term "employee" if they were your "employee" they are supposed to be getting a w-2 from the business, payroll taxes need to be withheld and your business needs to file payroll tax returns.

 

in other words get a w-9  from them before they start work. you are not responsible if they supply a false SSN or ITIN

https://www.irs.gov/pub/irs-pdf/fw9.pdf 

 

 

the 1099 must be paper-filed and include transmittal form 1096

here's a link to the form

https://www.irs.gov/pub/irs-prior/f1096--2021.pdf 

2 replies

VolvoGirl
Level 15
January 20, 2022

I don't know.  You probably have to print and mail it to the IRS.   But for the future do not pay anyone unless you get their ssn first.   Here is a W9 form to give them.    https://www.irs.gov/pub/irs-pdf/fw9.pdf 

Mike9241
Level 15
Mike9241Level 15Answer
Level 15
January 20, 2022

The IRS may impose a penalty if a 1099 form is submitted without a TIN or SSN.  However, the penalty will not apply if you can show the lack of information was due to an event beyond your control or due to significant mitigating factors.  You must also be able to show that you acted in a responsible manner and took steps to avoid the omission of this information, such as by writing the contractor to ask for this information.

 

and don't use the term "employee" if they were your "employee" they are supposed to be getting a w-2 from the business, payroll taxes need to be withheld and your business needs to file payroll tax returns.

 

in other words get a w-9  from them before they start work. you are not responsible if they supply a false SSN or ITIN

https://www.irs.gov/pub/irs-pdf/fw9.pdf 

 

 

the 1099 must be paper-filed and include transmittal form 1096

here's a link to the form

https://www.irs.gov/pub/irs-prior/f1096--2021.pdf 

Mike9241