Backup Withholding Policies for Workers Who Do Not Disclose Social Security Numbers

New tax law changes withholding rate after August 6, 2001.

Church Finance Today

Backup Withholding Policies for Workers Who Do Not Disclose Social Security Numbers

New tax law changes withholding rate after August 6, 2001.

Employers are required to engage in “backup withholding” at a rate of 31% for payments made to self-employed workers who do not disclose their social security number. The 31% is reported on the church’s 941 forms. Employers need the correct social security number to complete the worker’s Form 1099 MISC. The recently enacted Economic Growth and Tax Relief Reconciliation Act of 2001 decreases the backup withholding rate from 31% to 30.5% for amounts paid to self-employed persons after August 6, 2001. For amounts paid after December 31, 2001, the backup withholding rate will be 30% (2002-2003), 29% (2004-2005), and 28% (2006 and thereafter).

Key point. The backup withholding rate shown in the December 2000 edition of Form W-9 is incorrect for amounts paid after August 6, 2001. Form W-9 (and instructions) will be revised in December 2001 to reflect the new backup withholding rate for amounts paid after December 31, 2001. In addition, the backup withholding rate shown in the 2001 version of Form 1099 is incorrect for amounts paid after August 6, 2001. The 2002 version of this form (and instructions) will show the new backup withholding rate for amounts paid after December 31, 2001.

This content originally appeared in Church Treasurer Alert, September 2001.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

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