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#89865 - 06/19/03 08:24 PM IRS Rules re: B&C Notices/Backup Withholding
Anonymous
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When opening an account for an existing customer already on backup withholding due to a B or C notice, are Banks required to check b/u withholding status and automatically place the new account on backup withholding as well?

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#89866 - 06/19/03 08:31 PM Re: IRS Rules re: B&C Notices/Backup Withholding
rlcarey Offline
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rlcarey
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Galveston, TX
Yes - Just curious - what box did the customer check on the new W-9 for the new account?
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#89867 - 06/19/03 09:11 PM Re: IRS Rules re: B&C Notices/Backup Withholding
Anonymous
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Quote:

Yes - Just curious - what box did the customer check on the new W-9 for the new account?




We're looking at our general procedures. No specific example. I've searched IRS rules and can't find where this is required. Can you advise? Thanks for your help.

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#89868 - 06/20/03 12:48 PM Re: IRS Rules re: B&C Notices/Backup Withholding
rlcarey Offline
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rlcarey
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Posts: 85,417
Galveston, TX
The Q & A on backup withholding states:

18. Q. After I receive a CP2100 or CP2100A notice, when do I start and stop backup withholding?

A. You must backup withhold on all reportable payments to the payee after 30 business days after you have received the CP2100 or CP2100A Notice. You must stop backup withholding on payments within 30 calendar days after you have received the required certification (Form W-9) from the payee or TIN validation from the SSA or the IRS, if it was a second notification. At your option, you may start and stop backup withholding at any time during these 30 day periods.

I read this to indicate that all reportable payments to the "payee" are subject to backup withholding, not necessarily limited to the original account that may have triggered the b or c notice.
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#89869 - 06/23/03 03:11 PM Re: IRS Rules re: B&C Notices/Backup Withholding
Awesome Bill's #1 Fan Offline
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Joined: Mar 2003
Posts: 96
Jackson, Michigan
Actually we just had a situation with a customer who is on a C-notice. The branch wanted to know if the customer closed the existing account and opened a new one would the new one still be on withholding.
We put all our C-notices on the customer file, instead of the account for just this reason. That way all of the accounts using that tin will be on withholding, including any new accounts.
Our advice to the customer was to contact the IRS to get the C-notice removed.
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#89870 - 06/23/03 03:19 PM Re: IRS Rules re: B&C Notices/Backup Withholding
John Burnett Offline
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John Burnett
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Cape Cod
Quote:

Our advice to the customer was to contact the IRS to get the C-notice removed.


Your advice was right on target. The C-Notice rules require that you continue to withhold until you receive an IRS release of that withholding. IRS won't issue such a release until it is satisfied that the taxpayer has reconciled his tax filings with the 1099's that you and others issued for the year in question.
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#89871 - 03/01/04 10:54 PM Re: IRS Rules re: B&C Notices/Backup Withholding
Anonymous
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Does the C-Notice apply to all customer accounts, even if the IRS specified an account number in their notice to us?

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#89872 - 03/02/04 02:51 AM Re: IRS Rules re: B&C Notices/Backup Withholding
Tisa Offline
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Tisa
Joined: Jun 2003
Posts: 938
Do you know the way to ...
Quote:

Does the C-Notice apply to all customer accounts, even if the IRS specified an account number in their notice to us?




There's a brochure you can get (I think they still print them) from the IRS called "Underreporter Backup Withholding Questions and Answers" - Publication # 1335.

Q: How should payers handle withholidng if the notice from the IRS lists co-owners?
A: If the IRS notice to start withholding names several payees or co-owners, withhold on all accounts in joint names and any in which either payee is named first. If the IRS notice names only one payee, withhold on all accounts showing that payee's name first. (Emphasis added.)

The IRS only has the info from your last 1099-INT submission. If there have been changes in the account holder's address or acct # since then, they won't know about it, but you're still required to withhold on the individual.
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