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Form W9 problem for LLC as a disregarded entity

I'm attempting to fill out the W-9 form. I'm the sole member of an LLC setup as a disrearded entity. The problem I have is in the iTunes Connect US Tax Forms where it asks for an option for backup withholdings. Apple gives me two options: "exempt payee" and "subject to backup withholdings."


I've read the IRS W9 form instructions available on their website as well as called the IRS directly. Accrding to them, I am not an "excempt payee" because I don't fit in any of the exmption classes they have defined. Neither am I "subject to backup withholdings" because I have not received any notice from the IRS that I am subject to backup withholdings. According to the IRS representative I spoke with, I should be able ot just leave this field blank. And in the IRS's W-9 for they do allow for this to be blank.


However, the the form in iTunes Connect will not allow me to leave this field blank... I must choose one of the 2 options.


I also called Apple about this but they don't have a support line for their Tax department, so they weren't really able to do anything for me. It's been a month since I first submitted an incident with Apple via iTunes Connect Support (and never got a reply).


According to the IRS representative if I fill out either of the two options that Apple is forcing me to fill out, it's possible my W9 will be incorrect and there's a good chance I will later be subject to backup withholdings.

Are there any others out there with an LLC setup as a disregarded entity that have had this problem? Or if you didn't have this problem, what was your solution?


Thanks

Posted on Dec 2, 2013 9:37 PM

Reply
8 replies

Jul 24, 2014 2:21 PM in response to dannys42

I had the same problem. I know your post was last December so this may be OBE (Overtaken By Events). After searching for some time about "Disregarded LLC" and W9 I came across these links and ended up filling out the form using my SSN instead of the EIN of my LLC. Here are the links and the jpg was useful to follow. Let me know if what you ended up doing. I figured if I was wrong, I'll just have the withholding done and that would be ok too.


first link to the webpage

http://www.preceptlaw.com/2012/01/how-to-fill-out-a-w-9-for-a-single-member-llc/

second link to the first link's information

http://www.preceptlaw.com/2012/01/how-to-fill-out-a-w-9-for-a-single-member-llc/ disregarded-llc-w9/

This link is a sample of the W9 form filled out for a Disregarded LLC

http://www.preceptlaw.com/wp-content/uploads/2012/02/Disregarded-LLC-W9.jpg

I hope this information is of use.

Feb 3, 2015 12:41 AM in response to dannys42

Hello,


I've been trying to deal with this for a while too and was advised by Apple to "complete the online W9 to the best of your abilities" and then email them a scanned copy of a paper W-9 filled in correctly which they will then send to their Tax Audit Team to have processed. What is even more annoying is that I went through all of the previously and the account has been set up for several years without problems (I seem to remember I faxed them the W-9 last time).


My bigger problem is that, aside from the obvious problem with the names being incorrect, even if I ignore that and leave the LLC name where my name should be, it won't let me submit the form, saying that an account already exists with that name/TIN (which I know - it has been active for years).


Has anybody managed to get this to work?


Frustrated,

John...

Jul 20, 2015 6:28 PM in response to ourlivez

Hi Everyone,


I am encountering the same issue.


I am registering as a single-owner disregarded entity but cannot change the name on Line 1 to match my personal name. Do I just fill this out with the Entity/EIN combination and submit paper in hopes it is corrected to use personal name/SSN for tax purposes?


What option have you found to work?


Many Thanks.

Mar 30, 2016 8:18 PM in response to dannys42

There are a lot of Disregarded entities registering with Apple, so such an obvious mistake could have been already addressed and resolved. I've chosen Subject to Backup Withholding option just to proceed, then sent a letter explaining this situation with a W-9 form attached (completed correctly) by fax and mail to Apple and the same copy to the IRS (even though it's says on the form no to do it), to ensure that even if Apple doesn't submit the correct information on their behalf, the IRS will be notified.

Jul 5, 2016 9:33 AM in response to dannys42

I've received a response from Apple. Hopefully this helps others.


Exempt Payee category. These are listed on page 3 of IRS Form W-9 (http://www.irs.gov/pub/irs-pdf/fw9.pdf). Selecting "Subject to backup withholding" simply means that you are not an exempt payee. It does not mean that your payments will be subject to withholding. It just means that if you provide incorrect tax information and we report this information on Form 1099-MISC, the IRS will send Apple a notice notifying us of the mismatch. This will prompt us to obtain correct information. At that time, if you do not provide updated information, you will be subject to backup withholding.


Therefore, if you provide us with a Name/Tax ID combination that matches IRS Records, you will never be in a backup withholding situation even if you check "subject to backup withholding.

Form W9 problem for LLC as a disregarded entity

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