What does subject to backup withholding mean?

Credit Unions or other businesses that pay certain kinds of income (interest or dividends) must file an information return Form 1099 with the IRS. In our case the information return shows payments that members received during the year. It also includes the recipient’s name and taxpayer identification number (TIN). A TIN is a social security number (SSN), employer identification number (EIN), or individual taxpayer identification number (ITIN).

These payments generally are not subject to withholding. Backup withholding, however, is required in certain situations. Payments subject to backup withholding can apply to most kinds of payments reported on Form 1099. In our case this includes Interest payments Form 1099-INT.

Withholding rules: When the member open a new account, make an investment, or begin to receive payments reportable on Form 1099, the member must furnish their TIN to the credit union or other business. In some cases, the member must furnish the member TIN in writing and certify under penalties of perjury that it is correct. In our case this is documented on a portion of our signature card form. The member must enter their TIN on the form and, if their account or investment will earn interest or dividends, the member must also certify that the member are not under-reporting

We must withhold at a flat 28% rate in the following situations:

•The member did not give us their TIN in the required manner.

•The IRS notifies us that the TIN the member gave is incorrect.

•The IRS notifies us to start withholding on interest or dividends because the member had under-reported interest or dividends on their income tax return. The IRS will do this only after it has mailed the member four notices over at least a 120-day period so they will know if it applies to them.

•The member fails to certify that they are not subject to backup withholding for under-reporting of interest and dividends.

Bottom line, if the member doesn’t know what you are talking about, hasn’t received an IRS notice informing them of the requirement, they then certify they are not subject to backup withholding.

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