If a SMLLC which has not elected to file as a Corporation and therefore files as a Schedule C subcontracts to work for someone else, does the payor not give the LLC a 1099 because it is a corporation or does it give the LLc a 1099 because it is filing as a Schedule C? If it does 1099 the LLC does it make the 1099 out to the individual DBA the Blah Blah LLC using the individual's SS # ?
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The payor should give the LLC a Form W-9 to request the taxpayer ID number and use the information from the W-9 on the 1099MISC. Only if the Corporation box is checked would I not issue a 1099MISC (unless an attorney). The W-9 was revised last month and if an LLC the tax classification is requested (D=disregarded entity, C=corporation, P=partnership).
I would also issue a 1099MISC for an LLC w/ tax classification as corporation, as they are not a corporation.
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