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Old 06-29-2011, 09:38 AM
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Erroneous 1099-MISC

I am a nonresident alien with no income, trade or business within the U.S. However, for the last several years a company has sent me 1099-MISC's with my name on it (but someone else's SSN/TIN - I don't have one) erroneously reporting U.S. trade or business income. I have already provided them Form W8-BEN.

How can I compel this company to stop issuing these erroneous 1099-MISC forms, and/or correct them?



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Old 06-29-2011, 12:26 PM
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“I have already provided them Form W8-BEN.”-->So, you have no any earned/ unearned taxable income that you eanred in the US as a non-resident alien, then why have you provided them with the Form W8BEN??? As you can see, Form W8BEN is used to establish that you are not a U.S. person , claim that you are the beneficial owner of the income for which Form W-8BEN is being submitted, and claim a reduced, or zero, withholding as a resident of a foreign country with which the United States has an income tax treaty. What I mean is that as long as you have no income in US, you do not need the Form W8BEN. In addition the Form W8BEN can be used to claim exception from domestic information reporting and backup withholding for income,i.e., interest on bank deposits Interest, dividends, rents, and royalties from a foreign source, that is not subject to foreign-person withholding.
“How can I compel this company to stop issuing these erroneous 1099-MISC forms, and/or correct them?”---> you need to contact the company that keep issuing the errorneous 1099-MISC Forms and ask them to correct 1099-MISC Forms. If you are unsuccessful getting a satisfactory answer to the discrepancy or getting them to agree to send you a corrected 1099-MISC, then you will need to call the IRS at (800) 829-1040; as they filed errorneous 1099MISC forms with incorrect information, they should file a "corrected" copy as soon as possible. They need to check the box at the top of the form that says corrected. If they are just correcting a Tax ID #, they need to complete all the information such as your name and address exactly the same as the original except put the correct Tax ID number and zero dollars in amount box. They need to complete a new 1096 form to transmit the corrected 1099MISC Forms and write in bottom margin of the 1096 "Filed to Correct SSN/TIN" or ETC.



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Old 06-30-2011, 05:46 AM
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Quote:
They need to check the box at the top of the form that says corrected. If they are just correcting a Tax ID #, they need to complete all the information such as your name and address exactly the same as the original except put the correct Tax ID number and zero dollars in amount box. They need to complete a new 1096 form to transmit the corrected 1099MISC Forms and write in bottom margin of the 1096 "Filed to Correct SSN/TIN" or ETC.
What if they won't or simply refuse to do that?



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Old 06-30-2011, 12:04 PM
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As said above, then you will need to call the IRS at (800) 829-1040 for help.



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Old 06-30-2011, 12:45 PM
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If you explain the situation to the Internal Revevue Service and can submit documentary evidential proof that the SSN is not yours( as you have no SSN/ITIN) and the company issuing errorneous 1099MISC will not correct the error appears to be an indication of filing a frivolous information return as well as a negligent willful intentional disregard for the Internal Revenue Code and underlying Treasury Regulations.If you do not get anywhere with the normal customary communication process, there is a Taxpayer Advocate that ensures problems and issues are resolved promptly and impartially handled when the "normal" communication process fails.
Here is the link: Taxpayer Advocate Service


Last edited by Wnhough : 06-30-2011 at 12:56 PM.


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