A business hires my employer to service their equipment. I do not get paid by this business, I only get paid as an employee by my company. Does my company have the right to give my W9 information to this business. I can understand the business asking for information regarding my employer, but not it's employees. Does anyone have any clarification on this?
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Your employer should not have your W-9 information. You should be giving "W-9" information to a company for which you work only if you are an "independent contractor". If you are an "employee", then you should be giving the company only "W-4" information and no "W-9" information. (This obviously does not apply if there are other reasons, unrelated to your employment, for giving W-9 information, such as if the employer is a bank and you are giving W-9 information because you have a bank account there, not because you are an employee.)
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as a W-9 you are considered an independent contractor
your 'employer' is not paying you as an employe of his company where you would have legal relationship with him not outsiders
the business should require a W-9 from you on their behalf
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EDIT: Okay, now I'm confused. When you say "my company" do you mean you are in business for yourself? So you are a contractor employed by the company you're referring to as "my employer"?
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As an employee you never completed a W-9. You completed a W-4. That is used to determine how much tax is to be withheld, and to prepare your W-2 at the end of the year. That information is not shared with anyone but the IRS, your state tax authorities, any 3rd party payroll company if your employer contracts out payroll, and any auditors or accountants that need access to complete their jobs.
Your employer might have to complete a W-9 and give it to the businesses that paid them. That will have your employer's identifying information on it. Your information will NOT be on that W-9, nor would you give those businesses any W-9s. That information is used to determine if a 1099-MISC is required, and to prepare them if needed. The W-9 information is only shared with the IRS, the state tax authorities, and any auditors or accountants that need access to complete their jobs.
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"My company" is whom?
-- If it's a corporation, they would indicate this on the W-9 they gave the client. No forms for 2011 will be issued.
-- If it's a partnership, they would indicate the EIN of the partnership on the W-9.
-- If it's an individual, they will indicate their SSN (not yours) and/or their EIN on the W-9.
If you have seen any W-9 type paperwork with your name and SSN on it, talk to your "employer" immediately and then to the client. You do not want a 1099-Misc issued in your name if you are an employee on a W-2. (Even if you are a contractor, you do not want to be listing this income and then issuing a 1099-Misc back to your guy for his cut.)
And, sadly, I have seen this happen.
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