Client has been issuing checks to an individual (at the request of the individual) and this individual request the 1099-misc be issued to XXX LLC for which currently the individual is NOT a member of XXX LLC. I have clients from time to time issue me check in my personal name and I would deposit them into my single member LLC acct but I am sole member of the LLC. Whether or not the XXX LLC edits its members before 12/31/2013 to include the individual, my client does not know the answer if that is even an issue.
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1099 must be issued to the name on the check(s). Anything else would make you a contributor to false reporting.This post is for discussion purposes only and should be verified with other sources before actual use.
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I had the same situation where TP was paying vendor personally in his name as an independent contractor, and when 1099-time came around, he wanted it in his S-Corp's name and EIN. He refused to provide SSN. He filled out W-9 with Corp info. We reported payments on 1099 under his name and under SSN, we put "refused to provide." TP made payment to SCorp after that. Problem was, work required a license from the state which he had, but his unrelated corp did not. I refused to do the return the following year.Last edited by Burke; 07-31-2013, 05:56 PM.Comment
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