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Level 3
February 24, 2022
Question

Will the IRS kick out mismatch for 1099-NEC issued to a single member LLC (electing S Corp) using LLC EIN and owner's name/address if LLC is not named on 2nd name line?

  • February 24, 2022
  • 2 replies
  • 38 views
Owner address and LLC address are same. Want to know if LLC name must be on the 1099 in name/address section also, and if so, should issuing company reissue to avoid a mismatch?
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2 replies

sjrcpa
Level 15
February 24, 2022

I wouldn't bother trying to get 1099 corrected. Your client didn't give them correct info.

If your client still does work for the payor, they need to give payor a W-9 indicating they are an S Corp.

For 2021, put 1099-NEC on a Sch C, then have an equal expense called: Amount reported by ABC LLC EIN 12-3456789

The more I know the more I don’t know.
BobKamman
Level 15
February 24, 2022

Why would it be necessary to play Trick The Computer here, if the 1099 has the EIN for the entity that should be reporting the income?  IRS doesn't match names, it matches EIN's to returns.  And it knows that EIN belongs to an S Corp.  If anything, IRS will send a letter to the payor, telling them that the EIN and name don't match.  So yes, notify the payor of the problem, to correct it for next year.  

sjrcpa
Level 15
February 24, 2022

Thanks Bob. I agree. I got confused about whose ID number was on the 1099.

The more I know the more I don’t know.
qbteachmt
Level 15
February 24, 2022

"should issuing company reissue to avoid a mismatch"

The point is, S Corps do not typically receive a 1099-NEC at all. There are a few professions that might, but the purpose of the W9 is to inform everyone what applies. Your client not only needs to use that form, they need to understand what "operating as an S Corp" means, include how to properly sign papers, payroll, etc. You might have a lot to cover with them.

Don't yell at us; we're volunteers
Level 3
February 28, 2022

Thanks.

Client sent me copy of the W-9. Box 1 has owner's name, Box 2 has LLC name, Box 3 has the Individual/Sole Proprietor/single member LLC box checked and TIN is the LLC EIN. Form is dated 2/17/2020. For 2020, she had all Sch C income, so W-9 okay. For 2021, a new tax preparer (not me) has advised her to elect S Corp status for her 2021 income. (I question if that is possible given he recommended it in October 2021 for 2021 income, but that's probably another post.)

Anyway, regarding name/EIN mismatch potential, am I understanding correctly that she does not need this payor to reissue the 2021 1099-NEC with the LLC name included on 2nd line in the name section as long as the EIN is correct? 

But, if she does consulting work for that payor again, (this year or in future), she should submit a new W-9 with all same info listed above EXCEPT the S Corp box should be checked (not the individual/SP/single member LLC box)? 

Also, full disclosure - I'm a CFP(r) practitioner/ EA who does very simple individual tax returns (and I have never done hers). Husband has been "self-preparing." I advised her to find a CPA/EA who could prepare her return now that her situation has gotten more complicated (e.g., LLC, vacation rental home, oil/gas income), but the new CPA has not been responsive to client's (or my) questions unfortunately, so I appreciate all feedback. 

Thanks in advance,

S

Level 15
February 28, 2022

@scarlott.cagle wrote:

Anyway, regarding name/EIN mismatch potential, am I understanding correctly that she does not need this payor to reissue the 2021 1099-NEC with the LLC name included on 2nd line in the name section as long as the EIN is correct? 

But, if she does consulting work for that payor again, (this year or in future), she should submit a new W-9 with all same info listed above EXCEPT the S Corp box should be checked (not the individual/SP/single member LLC box)? 


 

The EIN should match with the name on Line 1.  As a disregarded entity, that would be the individual's person's name and their ID number (either an EIN in their personal name or their Social Security Number).

Did she actually make the election to be taxed as a S-corporation?  If so, wouldn't she check the Limited Liability Company box, and then write "S"?