@boblythe126 wrote:
The W7 application process is 8-12 weeks out and potentially longer during tax season. Also we will be applying for W7 in person as we do not want to mail off his original documents (which is required.). With that being said yes potentially he will receive his ITIN before Jan 31, 2024. I am curious what I should do if he does not. I still need to file his 1099-MISC without a ITIN. Do I leave it blank? Can I include documentation that he has applied?
Thanks for all the help
If you want a real answer you may want to talk to a tax professional or attorney. We can't offer legal advice.
My layperson's opinion is that you should wait to file the 1099 until the ITIN is issued. You can't e-file a 1099 without it, and if you mail a paper 1099 (requires a special form) I suspect it would be returned as incomplete. I believe the fine for filing a late 1099 is $50, but I don't think the IRS will press the issue unless your contractor complains, which seems unlikely under the circumstances. I don't know of any way to issue a 1099 without some kind of tax number, and waiting for the correct number seems to be a far better option than using a fake number.
