TIN Matching Compliance and Procedures

TIN Matching Compliance and Procedures FEATURED FACULTY: Teresa Erwin - Managing Partner / Accounting & Tax Consultant 928.505.5464 teresaerwin@myjdtassociates.com

Teresa Erwin - Managing Partner / Accounting & Tax Consultant After college in 1984, Teresa began her career as an accountant in the banking industry. She opened JDT Associates in 1990 to assist small business owners with Accounting, Income Tax and Management matters. Since then Teresa has been practicing various accounting and management functions. In 2005, when her son, Travis, joined her in business, JDT Associates went from sole proprietor to a partnership. Together they purchased an insurance brokerage and expanded the business to a full service financial firm. Teresa has a diverse background which includes partnership and corporate taxation, individual tax compliance and planning, trust and estate tax planning, and outside controller services for several industries including manufacturing, distribution, construction and hospitality. Teresa obtained her education most recently at Western State University, College of Law. Other institutions include Pepperdine University and Cal State L.A. Teresa treats every client with respect and integrity. She is dedicated to helping clients make intelligent financial decisions and ethically minimize tax liability. Her patience and determination ensure that every client is treated with regard.

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The program is established for payers of Form 1099 income subject to the backup withholding provisions of section 3406(a)(1)(A) and (B) of the Internal Revenue Code. Prior to filing an information return, a Program participant may check the TIN (Taxpayer Identification Number) furnished by the payee against the name/tin (Taxpayer Identification Number) combination contained in the Internal Revenue Service database maintained for the Program. The IRS will maintain a separate name/tin (Taxpayer Identification Number) database specifically for the program and will inform the payor whether or not the name/tin (Taxpayer Identification Number) combination furnished by the payee matches a name/tin (taxpayer Identification Number) combination in the database. 2

The matching details provided to participating payors, and their authorized agents, will help avoid TIN (Taxpayer Identification Number) errors and reduce the number of backup withholding notice required under Section 3406(a)(1)(B) of the Internal Revenue Code. IRC Section 6721 provides a payer may be subject to a penalty for failure to file a complete and accurate information return, including a failure to include the correct payee TIN. The penalty is $50 per return, with a maximum penalty of $250,000 per year ($100,000 for small businesses). The penalty for intentional disregard is $100 per return, with no maximum penalty. Participant means a person that is either a payor, or a payors authorized agent and, that has applied and been accepted to participate in the Program. Participating Payor means a payor that is participating in the Program either on its own behalf or through an authorized agent that is a participant. Payee means a person with respect to whom a reportable payment, as defined in 3406(b), has been made or is likely to be made by a participating payor. Account - means any account, instrument, contract, or other relationship with a payee with respect to which a payer is likely to make a reportable payment. (See section 3406-3(e) of the Temporary Employment Tax Regulations). Reportable Payment means interest and dividend payments as defined in IRC section 3406(b)(2), and other reportable payments as defined in IRC section 3406(b)(3). TIN means the taxpayer identification number that a payee is required to furnish to a payor. The TIN may be an Employer Identification Number (EIN), a Social Security Number (SSN), or an Internal Revenue Service Individual Taxpayer Identification Number (ITIN), per IRC section 6109. Principal means a partner or an individual who owns at least five percent (5%) of the firm that is applying to participate in the TIN Matching Program. The Principal may also be a corporate officer of a publicly traded firm, such as President, Vice- President, Secretary or Treasurer. The Principal must be the person who can legally bind the firm in matters before the IRS and must complete the original Application to TIN Match on behalf of the firm. Responsible Official means an individual who holds a supervisory position within the firm. A Responsible Official has the authority to update an application on behalf of their listed firm and firm Principal. The Responsible Official may also assign/disable authorized agent and delegated user roles, update locations and perform TIN Matching. Authorized Agent means a person or firm that, with the payor s authorization, transmits specific information Returns (IRP) documents to the IRS on behalf of the firm and may match name/tin combinations on behalf of the payor. An Authorized Agent may assign/disable user access within their assigned location, update their location address information and perform TIN Matching. Delegated User means an individual who will utilize the TIN Matching session options on behalf of the firm. A Delegated User may not assign or disable users or update applications on behalf of their assigned firm. A Delegated User may only perform TIN Matching on behalf of their assigned firm. Transmitter - means the Federal agency sending in the magnetic tape cartridge containing the TINs for matching purposes. Transmitter Control Code - TCC - means the IRS assigned code for each participant. Authorized Payor - means a payor who has filed Information Returns with the IRS in at least one of the two preceding tax years. 3

Required Information to complete application. Your firm's legal name, address, and phone number Your firm's Employer Identification Number (EIN). If your firm is a sole proprietorship without an EIN, you will need the proprietor's Social Security Number (SSN). The physical address of all locations of your firm which will be performing TIN Matching The names, SSNs and phone numbers of the authorized users within your organization The Personal Identification Number (PIN) you selected during the initial registration process Application will be completed through IRS e-services 4

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Interactive TIN Matching Can submit up to 25 name/tin combinations at a time and receive a response within 5 seconds. 7

Bulk TIN Matching May download.txt files composed of up to 100,000 name/tin combinations and receive a response within 24 hrs. TIN TYPE;TIN NUMBER;TIN NAME;ACCOUNT NUMBER (optional) Taxpayer Identification Number (TIN) Type is a one-digit number; "1" represents an Employer Identification Number (EIN) "2" represents a Social Security Number (SSN), "3" represents an "unknown" TIN type TIN Number is the nine-digit SSN or EIN for the taxpayer TIN Name is the taxpayer's full name or business name. Enter a minimum of 1 and maximum of 40 alphanumeric characters. Account Number is an optional field which may contain a payer-provided number which will help you interpret your Bulk TIN results. Use this field to identify, for example, a bank account number. Enter a maximum of 20 alphanumeric characters. 8

NRA withholding applies only to payments made to a payee that is a foreign person. Usually 30% unless there is a tax treaty in place. Payee is identified as U.S. or foreign based on the documentation provided In most cases this is the person to whom you make the payment regardless of whether the person is the beneficial owner of the income. However there are some situations in which the payee is a person other than the one to whom you make the payment Wages and Salaries Interest Received Dividends Business Income Capital Gains and Losses Pensions and Annuities Lump-Sum Distributions Rollovers from Retirement Plans Rental Income & Expenses Farming and Fishing Income Earnings for Clergy Gambling Income and Losses Bartering Income Scholarship and Fellowship Grants Social Security and Equivalent Railroad Retirement Benefits 401(k) Plans Canceled Debt 9

Taxpaying Entities Individual Disregarded entities C Corporation Flow Through Entity AKA Fiscally Transparent Entity Sole Proprietor S corporation Partnerships LLCs LLPs PLLC Trusts Individual/Foreign Person Resident Resident Alien Nonresident Alien Domestic/Foreign Disregarded entities Domestic/Foreign Flow Through Entity 10

U.S. Agent of Foreign Persons If you have knowledge that the payee is an agent of a foreign person you must treat the payment as made to a foreign person May be treated as made to a U.S. person if this person is a financial institution Foreign Intermediaries Qualified Intermediary any foreign intermediary that has entered into a qualified intermediary withholding agreement with the IRS. You can determine whether a QI has assumed responsibility from the Form W- 8IMY provided by the QI. Must Have Form W-8IMY to treat as U.S. Person. Nonqualified Intermediary nonqualified intermediary, foreign flow-through entity, or U.S. branch that is using Form W-8IMY to transmit information about account holders, you can treat the payment as reliably associated with valid documentation only if, the following 3 requirements are met prior to making the payment: You can allocate the payment to a valid Form W-8IMY, You can reliably determine how much of the payment relates to valid documentation provided by a payee and You have sufficient information to report the payment on Form W-8IMY or Form 1099, if reporting is required. Form W-9 for U.S. Payees Can be obtained from the IRS via http://www.irs.gov/pub/irs-pdf/fw9.pdf Back Up withholding rate is 28% Form W-8 Series for foreign Payees Can be obtained from the IRS via http://www.irs.gov/pub/irs-pdf/fw8ben.pdf NRA withholding rate is 30% unless a tax treaty applies Order Forms by mail http://www.irs.gov/forms-&-pubs/order- Products 11

Payments subject to backup withholding: Backup withholding can apply to most kinds of payments that are reported on Form 1099. Interest payments (Form 1099 INT) Dividends (Form 1099 DIV) Patronage dividends, but only if at least half of the payment is in money (Form 1099 PATR) Rents, profits, or other gains (Form 1099 MISC) Commissions, fees, or other payments for work you do as an independent contractor (Form 1099 MISC) Royalty payments (Form 1099 MISC), and Certain other payments. Backup withholding also may apply to gambling winnings (Form W-2G), unless subject to regular gambling withholding. Withholding rules. The bank or other business must issue Form W-9, Request for Taxpayer Identification Number and Certification, or a similar form. The Payee must enter their TIN on the form and must certify (under penalties of perjury) that their TIN is correct and that they are not subject to backup withholding. When a new account is opened When an investment is made When payments reported on Form 1099 begin The payer must withhold at a flat 28% rate in the following situations: Payee does not give the payer their TIN in the required manner The IRS notifies the payer that the TIN you given is incorrect The payee is required, but fails, to certify that they are not subject to backup withholding The IRS notifies the payer to start withholding on interest or dividends because the payee has underreported interest or dividends on their income tax return. The IRS will do this only after it has mailed the payee four notices over at least a 210-day period. 12

The payer must withhold at a flat 28% rate in the following situations: Payee does not give the payer their TIN in the required manner The IRS notifies the payer that the TIN you given is incorrect The payee is required, but fails, to certify that they are not subject to backup withholding The IRS notifies the payer to start withholding on interest or dividends because the payee has underreported interest or dividends on their income tax return. The IRS will do this only after it has mailed the payee four notices over at least a 210-day period. After receiving a CP2100 or CP2100A For Missing TINs if not already withholding begin withholding Immediately. Continue until TIN is received 3 Solicitations must be made to avoid a penalty for failure to include TIN on the information return Initial This should be done when the account is opened. If Payee fails to provide backup withholding should begin immediately. First annual Must be made by December 31 of the year in which the account is opened (for accounts opened before December) or January 31 of the following year (for accounts opened during the preceding December). Second Annual Must be made by December 31 of the year following the calendar year in which the account was opened. 13

For Incorrect TINs Compare the accounts on the listing with your business records. If your records do not agree this could be the result of a recent update to SSA records, an error in the information you submitted, or an IRS processing error. If this type of error occurred, the only thing you should do is correct or update your records, if necessary. If payees Name/TIN combination and account number on your records agree with the combination the IRS identified as incorrect you must send a B notice and form W-9 to the Payee. This requires that up to two annual solicitations be made in response to the CP2100 or CP 2100A First B notice must be sent within 15 business days after receiving the CP2100 or CP2100A. If a Proposed Penalty Notice (972CG) is received the annual solicitation must be made by December 31 st unless a B notice has already been sent out. You must send the second B Notice to a payee after you receive a second CP2100 or CP2100A Notice within a 3 calendar year period. The Second B Notice tells the payee to contact IRS or SSA to obtain the correct Name/TIN combination. The mailing of the second notice should not include a Form W-9. The payee must certify the Name/TIN combination after receiving the second B Notice. Most types of U.S. source income are subject to U.S. tax of 30% A reduced rate, including exemption may apply if there is a tax treaty between the foreign persons country of residence and the U.S. Tax is generally withheld from the payment made to the foreign person. 14

Subject to NRA withholding if it is from a source within the U.S. and it is either: Fixed or determinable annual or periodic (FDAP) income. Certain gains from the disposition of timber, coal, and iron ore, or from the sale or exchange of patents, copyrights, and similar intangible property. Subject to NRA withholding if withholding is specifically required even though income may not constitute U.S. source income or FDAP income. Corporate distributions may be subject to NRA withholding even though a portion of the distribution may be a return of capital or capital gain that would not otherwise be subject to NRA withholding 15

Summary of Source Rules for FDAP Income IF you have: Pay for personal services THEN the source of that income is determined by: Where the service is performed Dividends Interest Rents Royalties-Patents, copyrights, etc Royalties-Natural resources Pensions: Distributions attributable to contributions The type of corporation (U.S. or foreign) The residence of the payer Where the property is located Where the property is used Where the property is located Where the services were performed while a nonresident alien Pensions: Investment earnings on contributions Scholarships and fellowship grants Guarantee of indebtedness The location of the pension trust In most cases the residence of the payer The residence of the debtor whether the payment is effectively connected with a U.S. trade or business Employees services are performed partly in the United States and partly outside the United States by an employee allocation of pay, other than certain fringe benefits, is determined on a time basis. The following fringe benefits are sourced on a geographical basis as shown below. Housing employee's main job location. Education employee's main job location. Local transportation employee's main job location. Tax reimbursement jurisdiction imposing tax. Hazardous or hardship duty pay location of pay zone. Moving expense reimbursement employee's new main job location. main job location (principal place of work) is usually the place where the employee spends most of his or her working time If no one place is where most of the work time is spent, the main job location is the place where the work is centered, such as where the employee reports for work or is otherwise required to base his or her work. 16

Territorial limits. Wages received for services rendered inside the territorial limits of the United States and wages of an alien seaman earned on a voyage along the coast of the United States are regarded as from sources in the United States. Wages or salaries for personal services performed in a mine or on an oil or gas well located or being developed on the continental shelf of the United States are treated as from sources in the United States. Income from the performance of services directly related to the use of a vessel or aircraft is treated as derived entirely from sources in the United States if the use begins and ends in the United States. This income is subject to NRA withholding if it is not effectively connected with a U.S. trade or business. If the use either begins or ends in the U.S. it will fall under transportation income Crew members. Income from the performance of services by a nonresident alien in connection with the individual's temporary presence in the United States as a regular member of the crew of a foreign vessel engaged in transportation between the United States and a foreign country or a U.S. possession is not income from U.S. sources. 17

Scholarships, fellowships, and grants. Scholarships, fellowships, and grants are sourced according to the residence of the payer. Those made by entities created or domiciled in the United States are generally treated as income from sources within the United States. However, those made by entities created or domiciled in a foreign country are treated as income from foreign sources. Activities outside the United States. A scholarship, fellowship, grant, targeted grant, or an achievement award received by a nonresident alien for activities conducted outside the United States is treated as foreign source income. Pension payments. The source of pension payments is determined by the part of the distribution that constitutes the compensation element (employer contributions) and the part that constitutes the earnings element (the investment income). The compensation element is sourced the same as compensation from the performance of personal services. The part attributable to services performed in the United States is U.S. source income, and the part attributable to services performed outside the United States is foreign source income. Employer contributions to a defined benefit plan covering more than one individual are not made for the benefit of a specific participant, but are made based on the total liabilities to all participants. All funds held under the plan are available to provide benefits to any participant. If the payment is from such a plan, you can use the method in Revenue Procedure 2004-37 to allocate the payment to sources in and out of the United States. The earnings part of a pension payment is U.S. source income if the trust is a U.S. trust. 18

FDAP income is all income except: Gains from the sale of property (including market discount and option premiums but not including original issue discount), and Items of income excluded from gross income without regard to U.S. or foreign status of the owner of the income, such as tax-exempt municipal bond interest and qualified scholarship income. Compensation for personal services. Dividends, including dividend equivalent payments. Interest. Original issue discount. REMIC excess inclusion income. Pensions and annuities. Alimony. Real property income, such as rents, other than gains from the sale of real property. Royalties. Taxable scholarships and fellowship grants. Other taxable grants, prizes, and awards. A sales commission paid or credited monthly. A commission paid for a single transaction. The distributable net income of an estate or trust that is FDAP income and must be distributed currently, or has been paid or credited during the tax year. FDAP income distributed by a partnership that, or such an amount that, although not actually distributed, is includible in the gross income of a foreign partner. Taxes, mortgage interest, or insurance premiums paid to or for the account of, a nonresident alien landlord by a tenant under the terms of a lease. Publication rights. Prizes awarded to nonresident alien artists for pictures exhibited in the United States. Purses paid to nonresident alien boxers for prize fights in the United States. Prizes awarded to nonresident alien professional golfers in golfing tournaments in the United States. 19

Installment payments. Income can be FDAP income whether it is paid in a series of repeated payments or in a single lump sum. For example, $5,000 in royalty income would be FDAP income whether paid in 10 payments of $500 each or in one payment of $5,000. Insurance proceeds. Income derived by an insured nonresident alien from U.S. sources upon the surrender of, or at the maturity of, a life insurance policy, is FDAP income and is subject to NRA withholding. This includes income derived under a life insurance contract issued by a foreign branch of a U.S. life insurance company. The proceeds are income to the extent they exceed the cost of the policy. However, certain payments received under a life insurance contract on the life of a terminally or chronically ill individual before death (accelerated death benefits) may not be subject to tax. This also applies to certain payments received for the sale or assignment of any part of the death benefit under contract to a viatical settlement provider. Racing purses. Racing purses are FDAP income and racetrack operators must withhold 30% on any purse paid to a nonresident alien racehorse owner in the absence of definite information contained in a statement filed together with a Form W-8BEN that the owner has not raced, or does not intend to enter, a horse in another race in the United States during the tax year. If available information indicates that the racehorse owner has raced a horse in another race in the United States during the tax year, then the statement and Form W-8BEN filed for that year are ineffective. The owner may be exempt from withholding of tax at 30% on the purses if the owner gives you Form W-8ECI, which provides that the income is effectively connected with the conduct of a U.S. trade or business and that the income is includible in the owner's gross income. Covenant not to compete. Payment received for a promise not to compete is generally FDAP income. Its source is the place where the promisor forfeited his or her right to act. Amounts paid to a nonresident alien for his or her promise not to compete in the United States are subject to NRA withholding. 20

Effectively Connected Income In most cases, when a foreign person engages in a trade or business in the United States, all income from sources in the United States connected with the conduct of that trade or business is considered effectively connected with a U.S. business. FDAP income may or may not be effectively connected with a U.S. business. For example, effectively connected income includes rents from real property if the alien chooses to treat that income as effectively connected with a U.S. trade or business. The factors to be considered in establishing whether FDAP income and similar amounts are effectively connected with a U.S. trade or business include: Whether the income is from assets used in, or held for use in, the conduct of that trade or business; or Whether the activities of that trade or business were a material factor in the realization of the income. Income from securities. There is a special rule determining whether income from securities is effectively connected with the active conduct of a U.S. banking, financing, or similar business. If the foreign person's U.S. office actively and materially participates in soliciting, negotiating, or performing other activities required to arrange the acquisition of securities, the U.S. source interest or dividend income from the securities, gain or loss from their sale or exchange, income or gain economically equivalent to such amounts, or amounts received for providing a guarantee of indebtedness, is attributable to the U.S. office and is effectively connected income. 21

Portfolio interest on bearer obligations or foreign-targeted registered obligations if those obligations meet certain requirements. Bank deposit interest that is not effectively connected with the conduct of a U.S. trade or business. Original issue discount on certain short- term obligations. Non-business gambling income of a nonresident alien playing blackjack, baccarat, craps, roulette, or big-6 wheel in the United States. Amounts paid as part of the purchase price of an obligation sold between interest payment dates. Original issue discount paid on the sale of an obligation other than a redemption. Insurance premiums paid on a contract issued by a foreign insurer. 22