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Signature/Date Required for Electronic W9 Submission?

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DigitalChase

Junior Member
What is the name of your state (only U.S. law)? Texas

I've seen in several places where people say that a signature and date isn't required for any W9 forms that are electronically submitted. If I'm having people email W9 forms, is that required?

You can see an editable version of the W9 here: http://www.irs.gov/pub/irs-pdf/fw9.pdf

However, the signature and date can't be edited. Was hoping someone could clarify whether they were needed for submissions via email...

Thanks in advance.
 


mmmagique

Member
I have them send me a pdf of the filled out (signed and dated) form. (along with copies of their state id and a copy of their ss card or their ein number)
 

tranquility

Senior Member
I would never send my SSN by email to anyone and would certainly tell a person who demanded copies of my state ID and social security card for no legal reason to pound sand.
 

mmmagique

Member
I would never send my SSN by email to anyone and would certainly tell a person who demanded copies of my state ID and social security card for no legal reason to pound sand.

I have a legal reason for asking for the state id. I *thought* I had a legal reason for asking for the ss or ein number. I will re-investigate it, however, and let you know my findings. It's NEVER been my intention to ask for anything "just because I can".
 

tranquility

Senior Member
The W-9 is for the number. I would not supply that by email but by fax or on paper. What is the legal reason for ID?
 

tranquility

Senior Member
That has nothing to do with a W9.

Let's see though, with your super fear of nuts and berries harassing you at all hours and your getting in a lot of trouble if your workers are not over 18, let me guess as to your online business with a lot of websites. Hmm....
 

Zigner

Senior Member, Non-Attorney
The "fillable" W9 form is just meant as a convenience. It is designed to be filled out and printed, then returned...just like the non-fillable version.
 

mmmagique

Member
I make sure my contractors are who they claim to be. If that means asking for documentation (which I had to supply at my very first job at Ponderosa and every job thereafter) then that is what I do. I can't meet them face to face because they are in other states. I comply with the law by making sure my contractors do. Some stranger could write any number she/he wants on a piece of paper (a w9) and send it to me. Then, when that number comes up as incorrect when I file taxes, who is responsible for my failure to verify who I've been paying all this time? I imagine that would be me.

And Tranquility, if there's something you'd like to ask, please do. (although I feel as if I've highjacked this poor OP's thread quite enough. I am sure many owners/CEO's etc. of businesses keep their private information private. I believe we all have a legal right to do so, as long as we're in compliance with the law. Am I incorrect?
 

tranquility

Senior Member
And Tranquility, if there's something you'd like to ask, please do. (although I feel as if I've highjacked this poor OP's thread quite enough. I am sure many owners/CEO's etc. of businesses keep their private information private. I believe we all have a legal right to do so, as long as we're in compliance with the law. Am I incorrect?

"It makes no difference to me what a man does for a living, understand."
--Vito

I make sure my contractors are who they claim to be. If that means asking for documentation (which I had to supply at my very first job at Ponderosa and every job thereafter) then that is what I do. I can't meet them face to face because they are in other states. I comply with the law by making sure my contractors do.
Sure, as an employee. Here, you're claiming independent contractor status for these people. I'm glad you've had your attorney research the question regarding the employee/IC status.

Some stranger could write any number she/he wants on a piece of paper (a w9) and send it to me. Then, when that number comes up as incorrect when I file taxes, who is responsible for my failure to verify who I've been paying all this time? I imagine that would be me.
Um...if you withhold from a person who writes down any old number on the form and submit it to you, you would be subject to suit for breach of contract. You are not an auditor. If the government tells you to withhold, then you do so.

Also, make sure you are not requiring any other certifications or agreements with the W-9 signature or imply that you will withhold if they don't agree to any other certifications or agreements in your substitute forms.
 

mmmagique

Member
I don't do any withholding. They are independent contractors. I just send out the 1099s with the correct information. (and send copies to the IRS)
 

mmmagique

Member
Oh, and I've had to supply that info to any company I've been an independent contractor for as well. Doctors, online sales, cosmetics sales. I don't think it's as unusual (nor as egregious) as has been implied.
 

tranquility

Senior Member
I don't do any withholding. They are independent contractors. I just send out the 1099s with the correct information. (and send copies to the IRS)

I understand you are claiming that. Do you know the penalty to the person if they don't submit a W-9 to you after you "contract" with them?
 

mmmagique

Member
I understand you are claiming that. Do you know the penalty to the person if they don't submit a W-9 to you after you "contract" with them?

I'm not quite sure what you are asking, but, until all of the paperwork is in order, they do not participate in the business. (so no contract work is done)
 

Just Blue

Senior Member
I make sure my contractors are who they claim to be. If that means asking for documentation (which I had to supply at my very first job at Ponderosa and every job thereafter) then that is what I do. I can't meet them face to face because they are in other states. I comply with the law by making sure my contractors do. Some stranger could write any number she/he wants on a piece of paper (a w9) and send it to me. Then, when that number comes up as incorrect when I file taxes, who is responsible for my failure to verify who I've been paying all this time? I imagine that would be me.

And Tranquility, if there's something you'd like to ask, please do. (although I feel as if I've highjacked this poor OP's thread quite enough. I am sure many owners/CEO's etc. of businesses keep their private information private. I believe we all have a legal right to do so, as long as we're in compliance with the law. Am I incorrect?

You do realize you are hijacking OP's thread?:confused:
 

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