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Old 10-01-2006, 08:30 PM
Victor Roberts
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Posts: n/a
Default Re: "Exempt" vs. "not subject to" backup withholding

Harlan Lunsford <hnslunsford[at]bellsouth.net> wrote:
- quote -

> Victor Roberts wrote:

> > My consulting business is organized as a C corporation. A
> > new client has asked me to fill out a Form W-9. The current
> > version of Form W-9 has a check box for "Exempt from backup
> > withholding" in addition to the standard certification that
> > the company is not subject to backup withholding because:
> > > a) we are exempt from backup withholding
> > > b) we have not been notified that we are subject to backup

> > withholding
> > > c) the IRS has notified us that we are no longer subject to

> > backup withholding
> > > There is no question that we are not subject to backup

> > withholding, but I am not sure if we are exempt.
> > > The instructions on page 3 state that Corporations MAY BE

> > exempt. That same page has a chart that states that
> > payments to corporations are generally exempt and then
> > proceeds to list specific types of payments that are not
> > exempt. The client will not be making any of the listed
> > non-exempt types of payments to us. However, I still cannot
> > figure out if this means that I should or should not check
> > the "Exempt from backup withholding" box.


> When all else fails, read the instructions. (grin)
> Page 3, you'll see that "payments not subject to information
> reporting are not subject to backup withholding." Which
> means that when certify and sign that your's in a
> corporation, then there's no problem. That being the case,
> simply check the box to the right "Exempt from..."


Thanks Harlan. What I couldn't figure out was that even if
"certain payments" were exempt, that made the corporation
exempt, which seems like a more general statement.

--
Vic Roberts
Replace xxx with vdr in e-mail address.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #1  
Old 09-29-2006, 01:23 AM
Harlan Lunsford
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Posts: n/a
Default Re: "Exempt" vs. "not subject to" backup withholding

Victor Roberts wrote:

- quote -

> My consulting business is organized as a C corporation. A
> new client has asked me to fill out a Form W-9. The current
> version of Form W-9 has a check box for "Exempt from backup
> withholding" in addition to the standard certification that
> the company is not subject to backup withholding because:
> a) we are exempt from backup withholding
> b) we have not been notified that we are subject to backup
> withholding
> c) the IRS has notified us that we are no longer subject to
> backup withholding
> There is no question that we are not subject to backup
> withholding, but I am not sure if we are exempt.
> The instructions on page 3 state that Corporations MAY BE
> exempt. That same page has a chart that states that
> payments to corporations are generally exempt and then
> proceeds to list specific types of payments that are not
> exempt. The client will not be making any of the listed
> non-exempt types of payments to us. However, I still cannot
> figure out if this means that I should or should not check
> the "Exempt from backup withholding" box.


When all else fails, read the instructions. (grin)

Page 3, you'll see that "payments not subject to information
reporting are not subject to backup withholding." Which
means that when certify and sign that your's in a
corporation, then there's no problem. That being the case,
simply check the box to the right "Exempt from..."

ChEAr$,
Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 
Old 09-29-2006, 01:23 AM
Arthur Kamlet
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Posts: n/a
Default Re: "Exempt" vs. "not subject to" backup withholding

Victor Roberts <xxx[at]lighting-research.com> wrote:

- quote -

> My consulting business is organized as a C corporation. A
> new client has asked me to fill out a Form W-9. The current
> version of Form W-9 has a check box for "Exempt from backup
> withholding" in addition to the standard certification that
> the company is not subject to backup withholding because:
> a) we are exempt from backup withholding
> b) we have not been notified that we are subject to backup
> withholding
> c) the IRS has notified us that we are no longer subject to
> backup withholding
> There is no question that we are not subject to backup
> withholding, but I am not sure if we are exempt.
> The instructions on page 3 state that Corporations MAY BE
> exempt. That same page has a chart that states that
> payments to corporations are generally exempt and then
> proceeds to list specific types of payments that are not
> exempt. The client will not be making any of the listed
> non-exempt types of payments to us. However, I still cannot
> figure out if this means that I should or should not check
> the "Exempt from backup withholding" box.


Seems you are spending too much time worrying about the
form.

I would check Corporation -- which tells the company not to
issue a 1099 to you -- and would not check exempt since
certain payments are not exempt.

Then, unless the IRS has notified you that you are subject
to backup withholding, just don't worry about it.

The company should neither withhold, since they have a
proper W-9 and since the IRS has not told them to withhold
for you, and should not issue a 1099-Misc since you told
them you are a corporation.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 09-28-2006, 01:43 AM
Victor Roberts
Guest
 
Posts: n/a
Default "Exempt" vs. "not subject to" backup withholding

My consulting business is organized as a C corporation. A
new client has asked me to fill out a Form W-9. The current
version of Form W-9 has a check box for "Exempt from backup
withholding" in addition to the standard certification that
the company is not subject to backup withholding because:

a) we are exempt from backup withholding

b) we have not been notified that we are subject to backup
withholding

c) the IRS has notified us that we are no longer subject to
backup withholding

There is no question that we are not subject to backup
withholding, but I am not sure if we are exempt.

The instructions on page 3 state that Corporations MAY BE
exempt. That same page has a chart that states that
payments to corporations are generally exempt and then
proceeds to list specific types of payments that are not
exempt. The client will not be making any of the listed
non-exempt types of payments to us. However, I still cannot
figure out if this means that I should or should not check
the "Exempt from backup withholding" box.

Thank you.

--
Vic Roberts
Replace xxx with vdr in e-mail address.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

Tags
backup, exempt, not subject to, withholding
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