1099-Misc, Missing Numbers

[geekgirldany]

I have a client that relied on a partner to get information in regards to subcontractors. Well there are about 4 missing ID numbers for 1099-Misc and now either they won't call him back or they are out of business.

Can these 1099s be filed with no ID number? I've never really done it this way but seemed like I read it somewhere. He said to do whatever is right. If he has to take the hit on it he will.

Thank you for any help.

[taxea]

Does client have name address and phone number? First I would ask him to have partner run these people down. Partner could check with neighbors etc to try to locate them.
Then I would send a certified letter RRR. to see whether that works. As a last resort I would give the client the option of not claiming the deduction or claiming it with just the information available. With the second choice the client may be denied the amounts and be penalized by the IRS and maybe the state.

[Gretel]

I have filed 1099's - 2 over the last 9 years - with no EIN/SS# and written in that field: Not obtainable with 2nd request. I also had proof of trying twice to get EIN. I believe this is what the instructions say, to make two attempts.

Never heard anything back.

[geekgirldany]

Thank you both for posting. I will pass this information on to the client. He does have all this info TaxEa. He said he knows one is long gone. But others won't return calls. Gretel I appreciate that information on what you have done in the past in these situations. Very helpful.

Partner sold out so it is up to my client to get the information. I told him from now on get the W-9 up front or no check for the subs. He totally agrees.

[JohnH]

I agree with doing everything to obtain the EIN and then filing the 1099 with no EIN if the I/C doesn't respond. But the suggestion to forego the tax deduction is way off base. For a tax preparer to aribtrarily refuse to take a valid deduction on the client's return (or to advise the client that that is an option) is ridiculously bad tax practice and it's terrible accounting procedure. Unless of course someone can provide a cite which specifically directs the taxpayer to forego the tax deduction under these circumstances. (one or two anecdotal incidents of losing the deduction in an audit don't count, since that would be the result of either a trade-off by a sharp representative or a cave-in by a weak one).

[ChEAr$]

John, you beat me to the punch! I was going to say the EXACT same thing.

so I will: "ditto".