Assuming a full and complete Form W-9 is provided (name, address, taxpayer identification number, and the Form W-9 is signed), there should be no withholding on a Form 1099-MISC (unless backup withholding applies).
From the IRS:
Quote:
The payer must withhold at a flat 28% rate in the following situations:
- You do not give the payer your TIN in the required manner.
- The IRS notifies the payer that the TIN you gave is incorrect.
- The IRS notifies the payer to start withholding on interest or dividends because you have underreported interest or dividends on your income tax return. The IRS will do this only after it has mailed you four notices over at least a 120-day period.
- You fail to certify that you are not subject to backup withholding for underreporting of interest and dividends.
There is no difference in the withholding rules when issuing a 1099-MISC or W-2G. If withholding is required for a 1099, it's required for a W-2G; if withholding is
not required for a W-2G, it's not required for a 1099-MISC.
For non-Americans, there will generally be 30% withholding unless the recipient:
- Provides a completed Form W-8BEN (name, address, ITIN, and date of birth);
- Is from a Tax Treaty country (vis-a-vis gambling);
- Signs the W-8BEN; and
- Notes the Country and Article of the Tax Treaty that exempts the income from gambling.
So it is possible withholding is required for, say, residents of the UK if they either do not have an ITIN or do not provide a completed Form W-8BEN.
-- Russ Fox