How do I handle filing 1099-MISC for LLC contractor who forgot to fill out federal tax classification on W9?

[gracemerchantcre]

Trying to file a 1099-MISC for a guy who I contracted for video work. He sent me a W9, with LLC/EIN listed, but forgot to check the appropriate tax status. 

I'm obviously contacting him for a correction and leaving a record of such, but I've heard that depending on the type of LLC (C-corp, S-corp, P, D), this changes how I file his income with the IRS.

Should I continue to proceed, treat him as a contractor warranting a 1099-MISC and file it anyway? Deadline's in a few days. Thanks, all for your help!

[IsabellaG · Accepted solution]

If he's not incorporated, he should have given you his Social Security Number. I would try to get that information from him before the 1/31 deadline, but if I didn't get it, I'd file with the EIN, even though you ordinarily wouldn't need to submit a 1099 for a corporation, because that's all you have.

[gracemerchantcre]

Yeah, when in doubt, I'd rather they have something than nothing. So, if he's an LLC-C or LLC-S, he doesn't get a form? And if he isn't (sole proprietor or disregarded), then I should request an SSN?

[IsabellaG]

Correct!

[gracemerchantcre]

Thanks so much!

[IsabellaG]

My pleasure!