@Honorcode @CRitter3 along with all the others in this thread trying to help, please read my post in it's entirety. It looks to me like there are some "surprises" that I've managed to dig up.
it is just the TIN, name, and address.
There is a difference between a TIN and an EIN. So your terminology matters.
TIN - Taxpayer Identification Number. This is a 9-digit number issued to a taxpayer that does not qualify for a social security number, but they are authorized to work legally in the U.S.
EIN - Employer Identification Number. This is a 9-digit number issued to a non-living, non-breathing entity for tax filing purposes. The EIN *must* be tied to the TIN or SSN of a living, breathing human.
If the TIN/EIN does not belong to you, then the issuer needs to issue a corrected 1099-MISC. Otherwise, if it does belong to you, there's nothing to correct.
They assumed that my llc was a corporation. My llc is a disregarded entity.
Now they didn't, *you* assumed what the issuer assumed. A 1099-MISC is not required to be issued to a corporation regardless of the amount. The issuer correctly "assumed" your business is a disregarded entity. Therefore if the amount paid was more than $600 they were "required" to issue the 1099-MISC. If the amount paid was less than $600, then they have the option to issue a 1099-MISC, and elected to exercise that option to issue it. Doesn't matter if they used your EIN or your SSN. The issued 1099-MISC is correct. Period.
A llc that is a disregarded entity must be filed under my ssn
Again, that is not correct. A disregarded entity reported on SCH C can use the SSN *OR* the EIN. It doesn't matter. The only time a disregarded entity is required to have and use an EIN, is if that disregarded entity has W-2 employees, and that's it. Period.
Remember, The IRS is the only source that issues EINs, and all EINs *must* be tied to an SSN. The IRS knows what SSN your EIN is tied to. Therefore, it *does* *not* *matter* what is on the 1099-MISC, and for that 1099-MISC it "does" *not* *matter* if you have W-2 employees or not. The IRS still knows what SSN is tied to an EIN, and they know what EIN is to a specific SSN. So long as the number, be it your SSN or EIN, is correct, there is no problem here.
The IRS W9 states, on page 3, that a disregarded entity must use the TIN of the personal taxpayer, a SSN.
See above for the definition of TIN and EIN. They are two physically separate types of tax identification numbers.
Vanguard forced me to use the EIN of the disregarded entity, while also checking the box as an individual.
Which is absolutely correct. Remember, a "disregarded entity" is exactly that - disregarded. The IRS does not see income earned by the business as being earned by a separately taxable entity. They see it as being earned by "you" "personally". So as far as the IRS is concerned, income earned by the business is *IN FACT* earned by you personally.
The IRS's instructions for filling out a 1099 for a disregarded entity / LLC states that I am to use my SSN, and not my EIN.
I can find no such statement in the 1099-MISC instructions at https://www.irs.gov/pub/irs-pdf/i1099msc.pdf So if I'm just missing it, please provide me the page number, column number and paragraph number.
When initially reading your posts in this thread, A thought came to mind of "why on this green earth are you reporting rental income on SCH C???" Then you clarified that you're reporting it on SCH E. But to complicate matters more you threw Vanguard into this mix of bananas and ketchup with your statement, " It was vanguard who told my property manager to use my EIN for the 1099-MISC rental income. " So here's my question to you that will help provide quite a bit of clarity, depending on your answer.
- What on earth is Vanguard doing communicating with your rental property manager? I suspect this rental property is owned by an IRA or some other tax deferred retirement vehicle. Is this so? Please explain why Vanguard is involved in this rental property.
