Under the W-9 Instructions it states to use Form W-9 to request the taxpayer identification number (TIN) of a U.S. person (including a resident alien) and to request certain certifications and claims for exemption.
This clearly states that is it their responsibility for them to request your identification number.
The companies are required by law to request the individuals to complete the Form W-9, but does not provide any penalties for failing to request the document. However, If a vendor or contractor refuses to provide a W-9 when its requested the Payee is subject to a penalty of $50 for each such failure.
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