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I am not a Tax Lawyer, Nor do I play Dan Evans on the internet.
I am not a Certified Public Accountant, Nor do I play Paul Thomas on the internet.
I am not an Enrolled Agent, Nor do I play Richard Macdonald on the internet.
DO NOT TAKE MY WORD FOR ANYTHING ON THIS PAGE.
Go look it up for yourself.

U.S. Federal Income Tax

Subjugation by taxation

No Reportable Payment: No Requirement to Withhold

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        In chapter 5 you read the WRITTEN words of law proving you don't have to fill out a Form W-4 unless you work for the government.  In chapter 6 you read the WRITTEN words of law proving that you don't have to fill out a Form W-9 if you are a private subcontractor not working for the government. 

        If you are working for yourself, you may run into a problem where somebody says they are required to backup withhold from you if you do not provide your social security number to them.  In this chapter you are going to read the WRITTEN words of law that cover when and who must have backup withholding.

TITLE 26 - INTERNAL REVENUE CODE
Subtitle C - Employment Taxes
CHAPTER 24 - COLLECTION OF INCOME TAX AT SOURCE ON WAGES
Sec. 3406. Backup withholding

(a) Requirement to deduct and withhold
(1) In general
In the case of any reportable payment, if - (A) the payee fails to furnish his TIN to the payor in the manner required, (B) the Secretary notifies the payor that the TIN furnished by the payee is incorrect, (C) there has been a notified payee underreporting described in subsection (c), or (D) there has been a payee certification failure described in subsection (d), then the payor shall deduct and withhold from such payment a tax equal to [Blah, blah.]

  • If what you are paid is NOT a "reportable payment", there is no requirement to backup withhold.
  • If what you are paid is NOT a "reportable payment", there can not be a "manner required" to furnish a TIN.
  • If there is no "manner required" to furnish a TIN, no TIN is required and NO backup withholding is required.

Treasury Regulations
Sec. 31.3406(a)-1  Backup withholding requirement on reportable payments.

(a) Overview. Under [Internal Revenue Code] section 3406, a payor must deduct and withhold 31 percent of a reportable payment if a condition for withholding exists. Reportable payments mean interest and dividend payments (as defined in section 3406(b)(2)) and other reportable payments (as defined in [Internal Revenue Code] section 3406(b)(3)).

The conditions described in paragraph (b)(1) of this section apply to all reportable payments, including reportable interest and dividend payments. The conditions described in paragraph (b)(2) of this section apply only to reportable interest and dividend payments.

(b) Conditions that invoke the backup withholding requirement--(1) Conditions applicable to all reportable payments. A payor of a reportable payment must deduct and withhold under [Internal Revenue Code] section 3406 if-- (i) The payee of the reportable payment does not furnish the payee's taxpayer identification number to the payor, as required in section 3406(a)(1)(A) and Sec. 31.3406(d)-1; or ...

        The Treasury Regulations have just told you basically the same thing as the IRC.

  • If what you are paid is NOT a "reportable payment", backup withholding can NOT be invoked.
  • If what you are paid is NOT a "reportable payment", there can NOT be a requirement in either of the sections listed to furnish a TIN.
  • If there is no requirement to furnish a TIN, no backup withholding can be invoked.

        Treasury Regulation 31.3406(d)-1 will be covered on the second page following this web page.  IRC section 3406(a)(1)(A) was coverd above.

Treasury Regulations
Sec. 31.3406(a)-2  Definition of payors obligated to backup withhold.

(a) In general. Payor means the person that is required to make an information return under section 6041, 6041A(a), 6042, 6044, 6045, 6049, 6050A, or 6050N, with respect to any reportable payment (as described in section 3406(b)), or [other described payors that have no bearing on this web page.]

  • If the payor is not required to make an information return on what he pays you, the payor has no requirement to backup withhold.
  • Only IRC sections 6041 and 6041A(a) do not immediately disqualify as not applicable to compensation for labor.
  • Only IF IRC sections 6041 and 6041A(a) apply to your compensation for labor, would there be a requirement to backup withhold for failure to furnish a TIN.


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