Tax Law Changes that Affect You as a Small Business Owner
UPDATE: THIS LAW HAS BEEN REPEALED BY THE IRS AND IS NOT IN EFFECT. SO AS OF NOW, SMALL BUSINESSES ARE NOT REQUIRED TO DO THESE EXTENSIVE 1099′S - BUT CONTINUE WITH ONLY GIVING THEM TO CONTRACTORS!!! yAy!!
In all its infinite wisdom, the IRS is constantly making adjustments and new policies in an effort to help keep everyone on the up and up. Sometimes in the effort to do this, they cause more work for us small business owners. One of the recent changes that was put into affect as of January 1, 2012 is the new 1099 requirement.
This LAW states that every small business, every charity, and even government business entities are REQUIRED to issue a 1099 to every vendor with whom they have purchased $600 or more of any goods and services in a given year. In order to prepare a 1099, you must then get a tax ID number from EVERY vendor. To this end, the IRS offers form W-9 which can be filled out before goods and services are purchased or performed.
Ahhh and it gets more interesting. Failure to get the tax ID number, which will result in you not being able to provide a 1099, causes you as the business owner to pay a 28% withholding amount. In other words, you are then required to take the entire amount paid to them over the course of a year and pay to the IRS the 28% in payroll withholding taxes, the same as you would an employee!! ie….. you gave $1000 to the guy who repainted your office, you forgot to get the W-9 filled out, now he is refusing to give you the information, you then would be obligated to pay the IRS an additional $280 on that money. (Of course he will only be fined $50 for failure to fill out the form)
** Side note being that if all those payments were made by credit card, the requirement falls onto the credit card company to provide the 1099. All credit card companies are now required to provide a 1099 to everyone who is paid $600 or more from any one individual.
Now back to the matter at hand. This also allows for some venues of identity theft as a lot of business owners do not have a federal tax ID number but just file thier taxes under their own social security number so would have to put that on the W-9 when requested. The obvious solution to that is that if you are a small business owner, call the IRS or go online and get a federal tax ID number. It is free, virtually painless, and will save you some of those issues. It takes only moments and does not make any more work for you than getting it. Use the following link and then click on the apply online now line.
http://www.irs.gov/businesses/small/article/0,,id=102767,00.html
Well, now what? I suggest that you print out a W-9 and make a lot of copies and keep it right on your desk next to your checkbook. Tell your vendors that they need to fill this out so that you can pay them. I would suggest that you get that from everyone you pay and not wait until you have gotten to the $600 dollar mark, as it is always better to be safe then sorry!!
Also, for your own sake, print out one of the W-9′s with your own information and make many copies and when someone pays you, give them a copy and save yourself from having to pay a fine for not providing it.
Your accountant or bookkeeper should be entering this information into your accounting software as it is provided so that at the end of the year, the 1099′s can be printed. If you do not have a bookkeeper and do all of your own books, keep them and give to your accountant or tax professional at the end of the year to print off the 1099′s for you. Keep in mind that by law, 1099′s are required to be mailed by January 31st.
Here is a link to the IRS form. Print a copy and also save the form to your computer or add the link to your favorites to have at hand at a moments notice.
http://www.irs.gov/pub/irs-pdf/fw9.pdf
So … get ahold of your accountant or let your bookkeeper know that this needs to be implemented immediately and start sending letters and forms out to vendors that you do regular business with or already have paid at the beginning of the year.
Remember this is a requirement of the IRS. This means that everyone you pay with check or cash, including your landlord, your website host, and even the person you get your printer paper from must get a 1099. So be diligent about it, or be fined.
Again, I welcome any questions or issues at any time!!
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