The Virginia State W-9 form, officially known as the Request for Taxpayer Identification Number and Certification, is a critical document used for tax reporting purposes within the Commonwealth of Virginia. This Substitute W-9 Form requires individuals and entities to provide their correct Taxpayer Identification Number (TIN)—either a Social Security Number (SSN) or an Employer Identification Number (EIN)—to ensure compliance with tax laws and avoid possible backup withholding. Those engaging in professional or business transactions within Virginia's jurisdiction are often required to complete this form to accurately report earnings to the Internal Revenue Service (IRS). Ensure your financial transactions are in order by filling out the Virginia State W-9 form with the necessary information by clicking the button below.
The Commonwealth of Virginia utilizes a specific form known as the Substitute W-9 Form, which is integral for acquiring taxpayer identification numbers (TINs) and certifications from individuals and entities engaging in financial transactions that demand tax documentation within the state. This revised edition stipulates the necessity for a correct TIN, be it a Social Security Number (SSB) or an Employer Identification Number (EIN), aligning the information provided with the legal name to preclude backup withholding scenarios. Individuals and organizations are required to designate the appropriate TIN type, ensuring accuracy in entry to avert potential tax complications. Notably, the form addresses various entity types and classifications, extending to exemptions pertinent to backup withholding and Foreign Account Tax Compliance Act (FATCA) reporting requirements, providing a structured pathway for compliance with federal and state tax obligations. Additionally, the form mandates the submission of contact information and a certification section that underscores the legal affirmations concerning tax liability and status. The nuances of this form embody the Commonwealth’s endeavor to streamline tax identification processes, encapsulate legal obligations, and mitigate erroneous withholding, thereby amplifying the importance for entities and individuals to furnish precise and verified information to adhere to tax reporting mandates effectively.
FORM W-9
Request for Taxpayer Identification
Commonwealth of Virginia
Number and Certification
Substitute W-9 Form
REVISED March 2022
Social Security Number (SSN)
Please select the appropriate Taxpayer Identification Number (EIN or SSN) type and
Employer Identification Number (EIN)
enter your 9 digit ID number . The EIN or SSN provided must match the name given
on the “Legal Name” line to avoid backup withholding. If you do not have a Tax ID
number, please reference "Specific Instructions ‐ Section 1." If the account is in more
than one name, provide the name of the individual who is recognized with the IRS as
the responsible party.
Unique Entity Identifier (UEI) (see instructions)
Legal Name:
Business Name:
Identification
Entity Type
Entity Classification
Exemptions (see instructions)
Partnership
C‐Corporation
Real Estate Agent
Joint Venture
Individual
Corporation
Professional Services
Medical Services
Exempt payee code
(if any):
Sole Proprietorship
S‐Corporation
Political Subdivision
Legal Services
(from backup withholding)
‐Taxpayer
Trust
Disregarded Entity
VA Local Government
Tax Exempt Organization
Exemption from FATCA reporting
code (if any):
Estate
Limited Liability Company
Federal Government
OTH Government
1
tionSec
Government
VA State Agency
Other
Non‐Profit
Contact Information
Legal Address:
Name:
Email Address:
City:
State :
Zip Code:
Business Phone:
Remittance Address:
Fax Number:
Mobile Phone:
Alternate Phone:
Under penalties of perjury, I certify that:
‐Certification2
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
Certification instructions: You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined later in general instructions), and
Section
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not
apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual
you must provide your correct TIN. See instructions titled Certification
Printed Name:
Authorized U.S. Signature:
Date:
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1.You do not furnish your TIN to the requester,
2.You do not certify your TIN when required (see Section 2 Certification for details),
3.The IRS tells the requester that you furnished an incorrect TIN,
4.The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or
5.You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting.
Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new
Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Section 1 -Taxpayer Identification
Check the appropriate Tax Identification Number (TIN) type. Enter your EIN/SSN in the space provided. If you are a resident alien and you do not have and /or are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.
Number (SSN)" box and enter the SSN of the sole proprietor.
e.If you are a Single-Member LLC that is disregarded as an entity, check the "Social Security Number (SSN)" box and enter the member's SSN.
Note: If an LLC has one owner, the LLC's default tax status is "disregarded entity". If an LLC has two owners, the LLC's default tax status is "partnership". If an LLC has elected to be taxed as a corporation, it must file IRS Form 2553 (S Corporation) or IRS Form 8832 (C Corporation).
Vendors are requested to enter their Unique Entitiy Identifier Number (UEI), if applicable. See number requirement below.
Unique Entity Identifier (UEI) number requirement. The
United States Office of Management and Budget (OMB) requires all vendors that receive federal grant funds have their UEI number recorded with and subsequently reported to the granting agency. If your entity is registered in SAM.gov today, your Unique Entity ID (UEI) has already been assigned and is viewable in SAM.gov
Legal Name. If you are an individual, you must generally enter the name shown on your social security card. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first and then circle the name of the person or entity whose number you enter in Part I of the form. If you are using a name other than that which is listed on a Social Security Card, please enter the legal entity name as filed with the IRS. In general, enter the name shown on your income tax return. Do not enter a Disregarded Entity Name on this line.
Business Name. Business, Disregarded Entity, trade, or DBA ("doing business as") name.
Entity Type. Select the appropriate entity type.
Sole proprietor. Enter your individual name as shown on your social security card on the “Legal Name” line. You may enter your business, trade, or “doing business as (DBA)” name on the “Business Name” line.
Partnership. A partnership is an entity reflecting a relationship existing between two or more persons who join to carry on a trade or business. Enter the partnerships entity's name on the "Legal Name" line. This name should match the name shown on the legal document creating the entity. You may enter your business, trade, or "doing business as (DBA) name on the "Business Name" line.
Trust. A legal entity that acts as fiduciary, agent or trustee on behalf of a person or business entity for the purpose of administration, management and the eventual transfer of assets to a beneficial party. Enter the name of the legal entity on the "Legal Name" line.
Estate. A separate legal entity created under state law solely to transfer property from one party to another. The entity is separated by law from both the grantor and the beneficiaries. Enter the name of the legal entity on the "Legal Name" line.
Corporation. A company recognized by law as a single body with its own powers and liabilities, separate from those of the individual members. Enter the entity's name on the "Legal Name" line and any trade or "doing business as (DBA)" name on the "Business Name" line.
S-Corporation. A corporation that is taxed liked a partnership: a corporation in which five or fewer people own at least half the stock. Enter the entity's name on the "Legal Name" line and any trade or "doing business as (DBA)" name on the "Business Name" line.
C-Corporation. A business that is taxed as a separate entity: a business taxed under Subchapter C of the Internal Revenue Code and legally distinct from its owners. Enter the entity's name on the "Legal Name" line and any trade or "doing
Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions.
Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding.
The following codes identify payees that are exempt from backup withholding:
1 - An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2 - The United States or any of its agencies or instrumentalities 3 - A state, the District of Columbia, a possession of the United States, or any of their political subdivisions, agencies, or instrumentalities
4 - A foreign goverenemtn or any of its political subdivisions, agencies, or instrumentalities
5 - A corporation
6 - A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States
7 - A futures commission merchant registered with the Commodity Futures Trading Commission
8 - A real estate investment fund
9 - An entity registered at all times during the tax year under the Investment Company Act of 1940
10- A common trust fund operated by a bank under section 584(a)
11 - A financial institution
12 - A middleman known in the investment community as a nominee or custodian
13 - A trust exempt from tax under section 664 or described in section 4947.
The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for. . . THEN the payment is exempt for. . .
Interest and dividend
All exempt payees except for 7
payments
Broker transactions
Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired prior
to 2012.
Barter exchange
Exempt payees 1 through 4
transactions and
patronage dividends
Payments over $600
Generally, exempt payees 1 through
required to be reported
52
and direct sales over
$5,0001
Payments made in
settlement of payment
card or third party
network transactions
1See Form 1099-MISC, Miscellaneous Income, and its instructions.
2However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial
How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office. Get Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can get Forms W-7 and SS-4 from the IRS by calling 1-800- TAX-FORM (1-800-829-3676) or from the IRS’s Internet Web Site www.irs.gov.
If you do not have a TIN, write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Writing “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.
Enter the TIN which coincides with the 'Legal Name' provided on the form.
a.If you are an individual, check the "Social Security Number (SSN)" box and enter the SSN.
b.If you are a Grantor or Revocable Trust, check the "Social Security Number (SSN)" box and enter the SSN of the Grantor.
c. If you are a Resident Alien, check the "Social Security Number (SSN)" box and enter your SSN or your ITIN (IRS Individual Taxpayer Identification Number).
d.If you are a Sole Proprietor, check the "Social Security
business as (DBA)" name on the "Business Name" line.
Limited liability company (LLC). An LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Form 8832 and affirmatively elects to be treated as a corporation. Enter the name of the partnership or corporation. An LLC with only one member is treated as an entity disregarded as separate from its owner for income tax purposes (but as a separate entity for purposes of employment tax and certain excise taxes), unless it files Form 8832 and affirmatively elects to be treated as a corporation. If you are a single-member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner, enter the owner’s name on the “Legal Name” line. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8.
Contact Information. Enter your contact information.
Enter your Legal Address. Enter your Remittance Address. A Remittance Address is the location in which you or your entity receives business payments.
Enter your Business Phone Number. Enter your Mobile Phone Number, if applicable. Enter your Fax Number, if applicable. Enter your Email Address.
For clarification on any of the fields, see www.irs.gov.
Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the Exemptions box, any code(s) that may apply to you. See Exempt payee code and Exemption from FATCA reporting code.
Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding.
institution is subject to these requirements.
A - An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)
B - The United States or any of its agencies or instrumentalities C - A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities
D - A corporation in the stock of which is regularly traded on one or more established securities markets, as described in Reg. section 1.1472-1(c)(1)(i)
E - A corporation that is a member of the same expanded affiliated group as a corporation described in Reg. section 1.1472-1(c)(1)(i)
F - A dealer in securities, comodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under teh laws of the United States or any state
G - A real estabte investement trust
H - A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I - A common trust fund as defined in section 584(a) J - A bank as defined in section 581
K - A broker
L - A trust exempt from tax under section 664 or described in section 4947(a)(1)
M - A tax exempt trust under a section 403(b) plan or section 457(g) plan
Section 2 - Certification
To establish to the paying agent that your TIN is correct, you are not subject to backup withholding, or you are a U.S. person, or resident alien, sign the certification on Form W-9.
For a joint account, only the person whose TIN is shown in Part I should sign (when required).
When you're tasked with filling out a Virginia State W-9 form, it's critical to ensure every piece of information is recorded correctly. This document is vital for confirming your taxpayer identification number and certification for tax purposes. Accurately completing the form will help prevent unnecessary withholding and ensure smooth processing. Here's a step-by-step guide to help you fill out the form correctly.
After completing the form, double-check each entry for accuracy. Mistakes or inconsistencies could lead to processing delays or issues with the IRS. Once you've verified that all the information is correct and complete, submit the form to the address provided or as directed by the requester. It's a good idea to keep a copy for your records in case of any future questions or discrepancies.
The Virginia State W-9 Form is used to provide your correct Taxpayer Identification Number (TIN) to the person who is required to file information returns with the IRS on your behalf. This form helps ensure that income paid to you, and reportable on your tax return, is accurately documented by the payer.
Any U.S. person, including a resident alien, sole proprietor, corporation, partnership, or other entity that is required to provide their legal TIN to a requester for federal tax reporting purposes must complete the Virginia State W-9 Form.
You should provide the TIN that corresponds with your tax filing status with the IRS. This could be a:
If you do not have a TIN, you should apply for one immediately. Temporarily, you can enter "Applied For" in the space for the TIN, but you must provide the actual TIN to the requester as soon as it is obtained to avoid backup withholding.
No, foreign persons should not use the Virginia State W-9 Form. Instead, they should provide the appropriate Form W-8 or Form 8233, as these forms are specific to foreign entities and individuals.
Failing to provide a TIN can result in:
Backup withholding is a form of tax withholding on specific income payments, usually at the rate of 24%. You can avoid backup withholding by correctly providing your TIN and ensuring the requester has accurate and current information. Also, certify on the Virginia State W-9 Form that you are not subject to backup withholding.
Yes, providing false information can result in civil penalties, including a $500 penalty for furnishing false exemption information. Willfully falsifying information may lead to criminal penalties, including fines and imprisonment.
You should provide an updated Virginia State W-9 Form anytime your information changes (e.g., change in name, address, TIN, etc.) or upon the request of the entity that is paying you. Regularly updating your information ensures compliance and avoids withholding issues.
When filling out the Virginia State W-9 form, people often make a variety of mistakes. Identifying and understanding these mistakes can lead to more accurate submissions and prevent unnecessary delays or problems with the tax authorities. Here are ten common errors:
Not providing the correct Taxpayer Identification Number (TIN): It's essential to enter the correct Social Security Number (SSN), Employer Identification Number (EIN), or Individual Taxpayer Identification Number (ITIN) that matches the name on the form.
Choosing the wrong taxpayer identification type: Individuals and entities must be careful to select the appropriate identification type (SSN, EIN) that represents their tax status accurately.
Misunderstanding the legal name requirement: The name entered must match the one registered with the IRS. For individuals, it should be the name on their Social Security card.
Omitting or incorrectly entering the business name or DBA (Doing Business As): If operating under a trade name, it must also be included on the form.
Incorrectly classifying the entity type: The form must correctly reflect whether the filer is an individual, corporation, partnership, etc. This affects the taxation and reporting requirements.
Not indicating the correct entity classification: Particularly for LLCs, indicating whether it is treated as a corporation, partnership, or disregarded entity is crucial for tax purposes.
Leaving the Exemptions section blank when applicable: If exempt from backup withholding or FATCA reporting, the correct code needs to be entered in the exemptions box.
Forgetting to sign and date the form: The form is not valid without the signature of the taxpayer or authorized representative and the date.
Using outdated information: All information, including contact details and TINs, must be current. Changes in business structure or tax status must be updated on this form.
Neglecting the special rules for foreign individuals and entities: Foreign parties must understand when to use the W-9 form or when to use the appropriate W-8 form instead.
Addressing these common mistakes helps ensure that the information provided on the W-9 form is accurate and compliant with IRS requirements. This not only facilitates smoother interactions with the tax authorities but also safeguards against potential penalties for incorrect or incomplete information.
When engaging with the Virginia State W-9 form, several other forms and documents are commonly utilized to ensure compliance and proper reporting to the Internal Revenue Service (IRS) and other relevant authorities. Familiarizing oneself with these supplementary materials can streamline the process of fulfilling tax obligations and facilitate smoother transactions.
The intricacies of each form highlight the complex nature of tax reporting and compliance. By carefully preparing the necessary documents, individuals and businesses can ensure they meet their legal obligations, minimize potential withholding issues, and contribute to their financial wellbeing. Collectively, understanding the purpose and proper use of these forms fosters a more informed approach to tax and financial management.
The Virginia State W-9 form is similar to the Federal W-9 Form in several ways. Primarily, both forms are used to provide the taxpayer identification number (TIN) and certification to entities that will pay the individual or entity, ensuring that accurate tax reporting to the Internal Revenue Service (IRS) is maintained. These forms are crucial for entities that are conducting business as independent contractors, freelancers, or are engaged in other forms of non-employee compensation. The core purpose of both the Virginia State and the Federal W-9 forms is to prevent backup withholding on payments. The forms collect similar information, including the taxpayer's legal name, TIN (which can be a Social Security Number, Employer Identification Number, or Individual Taxpayer Identification Number), and the taxpayer's certification that the TIN provided is correct and that the taxpayer is not subject to backup withholding.
Additionally, the Virginia State W-9 form shares similarities with the Form W-8 series, which includes forms like W-8BEN and W-8BEN-E, in that they are all used for tax reporting purposes; however, the W-8 forms are used by non-U.S. persons. While the Virginia State W-9 specifically caters to U.S. persons or entities to certify their tax identification details, the W-8 forms allow non-U.S. individuals or entities to declare their foreign status and claim any applicable benefits under the IRS tax treaty or exemption from certain U.S. taxes. The key distinction lies in the taxpayer's residency and the resulting tax implications. While the W-9 forms (both Virginia State and Federal) ensure the accurate reporting of taxes for U.S. taxpayers, the W-8 forms ensure that non-residents are taxed appropriately on U.S. sourced income, often at a reduced rate or exempted entirely if certain criteria are met.
When completing the Virginia State W-9 Form, paying attention to details and following instructions carefully ensures the process is smooth and error-free. Here are some do’s and don’ts to help guide you through the process.
Do’s:
Don’ts:
Understanding the complexities of tax forms can feel overwhelming, and misconceptions are common. Here are six common misunderstandings about the Virginia State W-9 Form that need clarification:
To navigate the tax reporting landscape effectively, understanding these key points about the Virginia State W-9 Form helps ensure compliance and avoid unnecessary withholding or reporting issues.
When filling out the Virginia State W-9 Form, it is imperative that the Taxpayer Identification Number (TIN), which can either be a Social Security Number (SSN) or an Employer Identification Number (EIN), matches the name listed on the "Legal Name" line to prevent backup withholding.
The form must accurately reflect the entity type, such as Individual, Corporation, S-Corporation, Partnership, etc., to ensure proper tax reporting and compliance with IRS regulations.
If the account belongs to more than one person, the name of the individual recognized by the IRS as the responsible party should be provided. This ensures clarity in fiscal responsibilities and compliance.
Vendors need to include their Dunn & Bradstreet Universal Numbering System (DUNS) number if applicable, especially for those receiving federal grant funds, to comply with the United States Office of Management and Budget (OMB) requirements.
Certain entities and payments are exempt from backup withholding. The form allows entities to indicate exempt status, provided they meet the specific criteria outlined by the IRS. This can include corporations, government entities, non-profit organizations, and more depending on the nature of the payment and the recipient's tax classification.
The form includes a certification section at the end, which requires the signature of the individual or entity providing the form. By signing, they certify that the information given is correct, including their TIN, and that they are not subject to backup withholding due to underreported interest or dividends, among other certifications.
All individuals and entities should review the specific instructions and IRS guidelines related to their tax situation to ensure accuracy in filling out the form, thereby avoiding penalties such as those for furnishing incorrect information or failing to provide a TIN.
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