Rental Basics in 80201>Question Details

Olivia, Other/Just Looking in Denver, CO

I asked my landlord to complete a W-9 form so that I could file an IRS form 1099 for the rent I paid him. He refused to fill out the form. What now?

Asked by Olivia, Denver, CO Tue Apr 6, 2010

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16
You shouldn't have to send your landlord a 1099 at all. Did an accountant tell you that you had to do this?
2 votes Thank Flag Link Tue Apr 6, 2010
Actually you do. I am an accountant, and when you are renting a space from a landlord that is used or paid through your business, you have to 1099 them. When you pay a vendor from your business more than $600 a year, they have to receive a 1099 from you.
Flag Thu Jan 21, 2016
I am a CPA and concur with the answer several people wrote - if you are paying the rent in the course of your business, then you report it in Box 3 of the 1099-MISC. If you are just renting an apartment or similar place to live, you don't have to report it. If the landlord won't give you the info, you have to withhold and submit backup withholding.
(hopefully 3 years later you're not still dealing with this....I just ran across it while looking for something else)
0 votes Thank Flag Link Wed Jan 22, 2014
https://www.irs.gov/uac/about-form-1099misc - I was sent this link by IRS email reply that informed me they no longer answer these type of questions live.
t least $600 in rents, services (including parts and materials), prizes and awards, other income payments, medical and health care payments, crop insurance proceeds, cash payments for fish (or other aquatic life) you purchase from anyone engaged in the trade or business of catching fish, or, generally, the cash paid from a notional principal contract to an individual, partnership, or estate;
LOL
Flag Wed May 18, 2016
I sent in a message request for help on this circumstance and I will post what they reply here.
Flag Wed May 18, 2016
What if you rent a house not an office or warehouse space for your employees to stay in while they are working on a construction project and the owner is an individual renting the home and he also is the Manager. Would I not have to send him a 1099 at the end of the year since we are renting the home to house our employees while they are working on this construction project?
Flag Wed May 18, 2016
For fillable Optional Form 306 forms or any tax form you need you can find it here
http://goo.gl/ozYPZn
Download, edit, print, save, sign, email or even fax your tax form online.
0 votes Thank Flag Link Fri Sep 13, 2013
The latest update is that you don’t have to issue a 1099 to a corporation for 2011 and you won’t have to issue a 1099 for products–only services. Also, credit cards and PayPal will be required to issue forms for their transactions, therefore, you won’t have to issue a 1099 for services that you paid for with a credit card or PayPal. Also, since ACH payments are self-reported, though not expressly mentioned, it looks like those too will not require a 1099 or w-9. Denver Property Management and other professional landlords self report all transactions exceeding $600 for owners and tenants via fire-file, an online reporting system with the IRS.
0 votes Thank Flag Link Sun Aug 26, 2012
a really helpful link explaining the new law regarding 1099 forms that will need to be completed starting next year:
http://robergtaxsolutions.com/2011/01/1099-rules-for-landlor…
0 votes Thank Flag Link Wed Apr 11, 2012
Any CPAs around here to chime in?
0 votes Thank Flag Link Fri Jan 13, 2012
Olivia,

I have leased and also been a landlord. there has never been a reason form me to give or receive a W-9. Unless there are unique and special circumstances we are not aware of, he has no right, need, or obligation to provide this for you. You need to speak with an accountant or CPA to clarigy this.

Robert McGuire ASR
Realtor/Consultant
Your Castle Real Estate
1776 S. Jackson St. #412
Denver CO 80210
Direct – 303-669-1246
0 votes Thank Flag Link Thu Jan 12, 2012
As a tenant in Colorado you have one right that of possession. Any tax credits are due to the owner of the property. If it is not in the lease he is well within his right to not provide the form you requested. As A landlord for many years I have never been asked for that and if I was I would call my tax lawyer. Good luck with that one. You gave me something to think about.
0 votes Thank Flag Link Mon Aug 29, 2011
If you're running a business and the landlord is NOT a corporation, then a 1099 is required.
If he won't provide, you're required to withhold rent (backup withholding). Don't know the exact numbers, but 28% rings a bell.
0 votes Thank Flag Link Wed Sep 1, 2010
Olivia,
Wow! As a current landlord, this is a very strange question. Why do you want the landlord to fill out a W-9 and why do you want to use that for 1099?
Are you running a business in that property you are renting?

To all others:
As a landlord, should I put a clause in my contract stating that renters can't use the property for business/only personal dwelling?
0 votes Thank Flag Link Mon Aug 2, 2010
Thank your lucky stars he refused. He doesn't want to go to jail for tax fraud and neither (I assume) do you.
0 votes Thank Flag Link Wed Apr 7, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
Why in the world are you trying to give an indepedent contractor payment form to the person that you are renting property from? Did this person do some work for you in your bussiness? If you are trying to claim the rent you may also want to go to the grocery store and claim the food it will go over just as well as claiming rent.
0 votes Thank Flag Link Wed Apr 7, 2010
You sound like you really really need to go speak with a tax professional.
0 votes Thank Flag Link Tue Apr 6, 2010
I'm not sure, but I don't think you can file a 1099 for rent you've paid. He's not considered an independent contractor, to the best of my knowledge, but I'd very strongly suggest that you contact a CPA with your question.

He should be able to give you a receipt showing that you have paid him rent for the time period you lived there, and that should give you what you need for tax filing.
0 votes Thank Flag Link Tue Apr 6, 2010
Suggest you start by confirming that a 1099 is required for your landlord. See IRS.GOV and search for the Instructions for 1099-MISC. excerpt from the Instructions: "Report on Form 1099-MISC only when payments are made in the course of your trade or business. Personal payments are not reportable." Therefore, rents paid to a landlord for your personal residence are not reportable. Generally speaking, if you are engaged in a trade or business and you pay rent to your landlord for office space, that amount is reportable on a 1099-MISC.
0 votes Thank Flag Link Tue Apr 6, 2010
Not quite sure why you would need your landlord to fill out a 1099? When a landlord receives rent they report it to their CPA and it is filed on their schedule E for tax purposes. You are not paying him income, which is what a 1099 is used for, not rental income.

Ray Williams
Branch Manager
Summit Mortgage
0 votes Thank Flag Link Tue Apr 6, 2010
Maria,Los Angeles, CA
I'm the accounts payable of a company, and I have been request the form W-9 to the landlord of the one of the building the we are renting, I wrote the check to his name and also the lease is under his name, and we are been paid him for 3 months, what I have to do, I know that if we giving him the check for more of $4,000 every month I have to give him a 1099, and I need the form w-9,
please let me know what I have to do
thank you
Flag Wed Aug 27, 2014
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