Contracts for Single Engagement/Videographer-Photographer/
Guest Lecturer/Musician-Accompanist/Artist’s
SGA Funding Request
W-9 Form
Completed Contract Approval Form
Completed Contract Information Sheet
Completed and Signed Contract (Respective to the type of vendor)
Vendor Contract (if they do not want to sign Hofstra University Contract)
Completed check request with vendor’s name, address, social security or tax id number
Event flyer or email promotion (documentation showing reason for event)
STUDENT ORGANIZATION INFORMATION
Name: _______________________________________________________________________________
Position: ----------------------------------------------------------------------------------------------------------------------------------------------------------
Contact Email: ________________________________________________________________________
Contact Phone: ________________________________________________________________________
OSLA RESPONSIBILITY
Name of staff in-taking paperwork: _________________________________________________________
Date paperwork was received: ____________________________________________________________
Copy made by: ________________________________________________________________________
Copy given to student & original to Program Advisor: __________________________________________
Originals given to Pamela Orefice: _________________________________________________________
HOFSTRAUNIVERSITYSTUDENTGOVERNMENTASSOCIATION
FUNDINGREQUISITION
Organization:_______________________________Date:____________________DateReceived___________________________
AuthorizedPerson:_____________________________________________Phone#:_______________________________________
Email:______________________________________________________________________________________________________
DetailedExplanationforRequest:________________________________________________________________________________
AmountofRequest:$_______________________________PaymentRequiredby:_______________________________________
DateofEvent:________________________Location:_________________________TicketPrice:___________________________
METHODOFPAYMENT
PurchaseRequestforitemsover$500.00attachpurchaserequestandquote.Ifquoteisover$2,500,threebidsmust
accompanyrequest.
CheckRequestattachinvoice,receiptsforreimbursement&creditcardstatement,single,guestlecturerormusical
accompanimentcontract.
BudgetTransferattachHUBudget
TransferFormorLackmannFoodServiceInvoice.
AmericanExpressCardReturncardalongwithalldocumentationregardingAmexPurchase.
APPROVALS
OSLAProgramAdvisor: MarioBolanos:__________ChrisBotti:__________AshleyGray:__________StanleyCherian:_________
SGABookkeeper: PamelaOrefice:_____________________________________________________________/___/______
Balanceafterthisexpense:____________________________________________________________________________________
SGAComptroller: MichaelHershfield:_________________________________________________________/____/______
Appropriated: ______________________________________________________________________________________
SGAAdvisor: RobynKaplan:____________________________________________________________/_____/______
ExecutiveDirectorOSLA:SarahYoung:___________________________________________________________________________
COMMENTS:_________________________________________________________________________________________________
Approved _______________________________________________________________________________
Denied _______________________________________________________________________________
Modified _______________________________________________________________________________
FINES(ifnecessary)
Warning
1
st
Offense20%ofrequest______________________________________________________________________
2
nd
Offense35%ofrequest______________________________________________________________________
3
rd
OffensebudgetfrozenuntilreviewedbyIRCCommittee___________________________________________
Rev8/2011
For Internal Use Only
Date Received:_________
Contract#:_____________
HOFSTRA UNIVERSITY
CONTRACT APPROVAL FORM - cover sheet for Contract
(attach Contract Advisement Form and
two original Contracts to this form)
_______________________________________
CONTRACT
( )__________________________________________ _______________________
Signature Print Name and Title Date
( )___________________________________________ _______________________
( )___________________________________________ _______________________
( )___________________________________________ _______________________
( )___________________________________________ _______________________
( )___________________________________________ _______________________
( )___________________________________________ _______________________
Approved as to insurance requirements:
_____________________________________________ _____________________
By: Date
Approved, Office of General Counsel:
____________________________________________ ______________________
By: Date
hofappform.wpd
I have reviewed the contents of this contract/agreement on the date indicated by my name, and I
concur with the content, acknowledge the University’s responsibilities and capabilities, and verify
the budget proposed therein. I have also reviewed and agree with the attached Contract Information
Form describing the contract and its value to the University and verify budget approval by the
appropriate Director, Dean or Vice President.
HOFSTRA UNIVERSITY
Single Engagement Contract for Photographers and Videographers
Date of Agreement:___________________________________________________________________________
Responsible Contracting Party (must be individual or full corporate name): _______________________________
____________________________________________________________________________________________
Hofstra University Department or Sponsor:_________________________________________________________
Artist(s)/Performer(s) (if applicable): ______________________________________________________________
Check Payable to (Payee must be same as Contracting Party):___________________________________________
Address:_____________________________________________________________________________________
Social Security or Tax I.D. Number of Payee:_______________________ Payee Telephone: _________________
Booking Agent (if applicable)____________________________________________________________________
Service to be provided (“Services”): ______________________________________________________________
Date of Event :_____________________Type of Event:_______________________________________________
Location:____________________________________________________________________________________
Amount: ____________________________________________________________________________________
Time of Engagement:_______________ Number of Sets:_____________ Length of Sets:_____________
1. University shall pay the Contracting Party by University check promptly following the satisfactory performance/completion of the
event.
2. Contracting Party has the right to control and direct the means, manner and method by which the Services are performed and shall
furnish all materials, tools and supplies to perform the Services. Contracting Party acknowledges and represents that the relationship
of Contracting Party to University is that of an independent contractor, and nothing in this Agreement shall be construed as making
Contracting Party an employee of University or to empower Contracting Party to bind or obligate University in any way or as
creating any other relationship. Contracting Party shall comply with all laws and assume all risks incident to its status as an
independent contractor. Contracting Party covenants and agrees to pay all applicable taxes, licenses and fees, and such insurance as
is necessary for Contracting Party’s protection in connection with Services performed under this Agreement; no such taxes or fees
shall be withheld or paid by University on behalf of Contracting Party. No worker’s compensation insurance shall be obtained by
University covering Contracting Party nor shall Contracting Party be entitled to any benefits provided by the University to its
employees.
3. Contracting Party on behalf of itself, its agents, and employees, agrees to indemnify and hold harmless University, its trustees,
directors, employees, representatives, and agents from and against (a) all claims, damages, losses and expenses including but not
limited to attorney’s fees, arising out of or resulting from the work herein performed, caused in whole or in part by a negligent act or
omission of the Contracting Party, any subcontractor, or anyone directly employed by any of them, regardless of whether or not it is
caused in part by a party indemnified hereunder; (b) Contracting Party’s failure to perform any of its obligations hereunder including
as set forth in paragraph 5 below; and (c) any and all taxes or contributions, including, without limitation, penalties and interest,
referenced in paragraph 2.
4. If the Contracting Party or any artist, performer, friends, road crew, agents or anyone else associated with the Contracting Party,
damages any Hofstra University property in any way, Hofstra University reserves the right to withhold payment and/or deduct an
amount equivalent to the damages incurred.
5. It is understood that in the event that the Contracting Party cancels the appearance or fails to appear as required, then the Contracting
Party is liable to indemnify and pay to the University any and all costs and expenses reasonably incurred by the University for sales,
advertising and operation in the preparation and staging of the event. If the artist(s)/performer(s) fail(s) to appear at least forty-five
(45) minutes prior to the time stated above for the commencement of the program, unless detained for reason beyond their control,
then the University has the option to announce cancellation of the program and/or provide an alternative program without payment to
the Contracting Party.
6. University reserves the right to cancel this event up to seven (7) days prior to the scheduled date.
7. Riders and technical requirements may be attached to this Agreement and will become part of the Agreement when signed by the
parties.
8. All legal rights to any and all photographs, videos, audio recordings and/or work (the “Work”) produced by the Contracting Party at
the event shall irrevocably, exclusively, unconditionally and perpetually belong to Hofstra University. The Work may be used,
reproduced or otherwise disseminated or published by or on behalf of Hofstra University directly or indirectly for any purpose.
Contracting Party shall retain no rights in the Work and hereby expressly waives and relinquishes any rights to the Work.
Contracting Party shall take all reasonable action to cooperate as is necessary, including the execution of any documents, to p
erfect
Hofstra University’s ownership of the Work.
9. Contracting Party represents that no trustee, officer, employee or any other person affiliated with Hofstra University and having
involvement with this Agreement (1) is affiliated with the Contracting Party, and (2) received, was promised, or will receive anything
of value in connection with this Agreement or performance thereof.
HOFSTRA UNIVERSITY CONTRACTING PARTY
By:_____________________________ By:_____________________________
Print Name: Catherine Hennessy
Print Name:______________________
Vice President for Financial
Title: Affairs and Treasurer
Title:____________________________
Date:
Date:___________________________
Revised 4/12/11
Page1of3
Hofstra University
Contract Information Form
(to be attached to all proposed contracts)
1. VENDOR/CONTRACTOR INFORMATION:
Contractor
Name 1 : __________________________________________________________
Address: ___________________________________________________________________
___________________________________________________________________________
Telephone No.:_____________________________ Fax No.: _________________________
2. UNIVERSITY ORIGINATOR OF CONTRACT: (Person most familiar with details and
responsible for implementation)
Name: ____________________________________________________________________
Title: _____________________________________ Telephone No: ____________________
3. BRIEF EXPLANATION OF CONTRACT (including benefit to University):
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
4. HOW WAS VENDOR SELECTED? (explain prior work performed for University,
Relationship to University, etc.) ________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
1Complete, accurate contractor name must appear on contract. If the vendor is a
corporation, the contract must be signed by a corporate officer indicating he/she is an officer
having authority to sign on behalf of the corporation.
HOFSTRA UNIVERSITY
CONTRACT INFORMATION FORM
Page2of3
5. COMMENCEMENT DATE (work may not commence until contract is executed and insurance
certificate received and approved): __________________________________
6. TERM OF CONTRACT: __________________________________________________
7. COST OF CONTRACT: __________________________________________________
8. BUDGET APPROVAL:
(indicate budget codes): ___________________________________________________
9. IS THE CONTRACT ON A STANDARD HOFSTRA UNIVERSITY FORM?
Yes__________ No _____________
10. HAS THE STANDARD FORM OF CONTRACT BEEN ALTERED IN ANY WAY?
Yes _________ No_____________
11. ARE REQUIRED INSURANCE CERTIFICATES ATTACHED?
Yes _________ No ___________
12. SHOULD SIGNED CONTRACT BE RETURNED TO DEPARTMENT, OR SENT
TO VENDOR OR SOMEWHRE ELSE? (specify below)
___________________________________________________________________
____________________________________________________________________
13. ADDITIONAL COMMENTS: ____________________________________________
_____________________________________________________________________
_____________________________________________________________________
PREPARED BY: __________________________ DATE: ______________________
HOFSTRA UNIVERSITY
CONTRACT INFORMATION FORM
Page3of3
REQUIRED FOR ALL CONTRACTS WITH AN INDIVIDUAL
Please complete this checklist in order to assist us in determining whether an individual is appropriate for a
consultancy relationship with Hofstra. This checklist is not exhaustive and it is not necessary to satisfy each
factor.
NAME OF CONSULTANT:________________________________
Consultant is not currently an employee of Hofstra University. (Current employees of Hofstra University
may not be hired as a consultant, stop here.)
Consultant is not a former employee of Hofstra University.
Consultant operates as a business and holds itself out to the public as a provider of the type of services it
is performing for Hofstra University.
Consultant does not require any training by Hofstra nor does Hofstra provide any training to Consultant.
Consultant performs some or all of the services or project at a location outside of Hofstra’s premises.
Consultant supplies his/her own equipment or materials.
Consultant has the right to control the day-to-day aspects of the project, as well as the manner, method
and means by which the project is completed, including delegation to its own staff, setting work hours,
etc.
Consultant invoices Hofstra University in order to be paid for services.
Consultant is not held out to third parties as an employee of Hofstra University.
Project involves an area or a service where outsourcing to nonemployees is customarily recognized as
acceptable and common in the educational industry.
Consultant’s project or services involves something not traditionally performed in house by employees of
Hofstra.
Consultant is not required to report to anyone at Hofstra or attend regular department meetings and makes
his/her own schedule.
Consultant is free to perform similar work for others as well as for Hofstra.
Hofstra has little or no management or supervision of Consultant for this project.
Consultant is not provided a Hofstra ID, Hofstra email address or an office on Hofstra’s premises (please
cross off if not applicable).
Comments: _________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
By signing below, I hereby certify that I have completed or reviewed the contents of this checklist on the date
indicated by my name, and I attest to the accuracy of the contents of this checklist.
SIGNATURE OF UNIVERSITY OFFICIAL:_____________________________________
PRINT NAME: ____________________________________________________
TITLE: ___________________________________________________________
DATE: _________
Give form to the
requester. Do not
send to the IRS.
Form
W-9
Request for Taxpayer
Identification Number and Certification
(Rev. October 2007)
Department of the Treasury
Internal Revenue Service
Name (as shown on your income tax return)
List account number(s) here (optional)
Address (number, street, and apt. or suite no.)
City, state, and ZIP code
Print or type
See Specific Instructions on page 2.
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.
Social security number
or
Requester’s name and address (optional)
Employer identification number
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Certification
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
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
2.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
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 retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign
Here
Signature of
U.S. person
Date
General Instructions
Form W-9 (Rev. 10-2007)
Part I
Part II
Business name, if different from above
Cat. No. 10231X
Check appropriate box:
Under penalties of perjury, I certify that:
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject to the withholding tax on
foreign partners’ share of effectively connected income.
3.
I am a U.S. citizen or other U.S. person (defined below).
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Individual/Sole proprietor
Corporation
Partnership
Other (see instructions)
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester’s form if it is
substantially similar to this Form W-9.
An individual who is a U.S. citizen or U.S. resident alien,
A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
An estate (other than a foreign estate), or
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign partners’ share of income
from such business. Further, in certain cases where a Form W-9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore, if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases:
The U.S. owner of a disregarded entity and not the entity,
Section references are to the Internal Revenue Code unless
otherwise noted.
A domestic trust (as defined in Regulations section
301.7701-7).
Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership)
Exempt
payee
Purpose of Form
Form W-9 (Rev. 10-2007)
Page 2
Sole proprietor. Enter your individual name as shown on your
income tax return on the “Name” line. You may enter your
business, trade, or “doing business as (DBA)” name on the
“Business name” line.
Other entities. Enter your business name as shown on required
federal tax documents on the “Name” line. This name should
match the name shown on the charter or other legal document
creating the entity. You may enter any business, trade, or DBA
name on the “Business name” line.
If the account is in joint names, list first, and then circle, the
name of the person or entity whose number you entered in Part I
of the form.
Specific Instructions
Name
Exempt Payee
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. See the instructions below and the separate
Instructions for the Requester of Form W-9.
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.
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.
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.
If you are an individual, you must generally enter the name
shown on your income tax return. 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 you are exempt from backup withholding, enter your name as
described above and check the appropriate box for your status,
then check the “Exempt payee” box in the line following the
business name, sign and date the form.
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
3. The IRS tells the requester that you furnished an incorrect
TIN,
2. You do not certify your TIN when required (see the Part II
instructions on page 3 for details),
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.
1. You do not furnish your TIN to the requester,
What is backup withholding? Persons making certain payments
to you must under certain conditions withhold and pay to the
IRS 28% 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, and
certain payments from fishing boat operators. Real estate
transactions are not subject to backup withholding.
Payments you receive will be subject to backup
withholding if:
If you are a nonresident alien or a foreign entity not subject to
backup withholding, give the requester the appropriate
completed Form W-8.
Example. Article 20 of the U.S.-China income tax treaty allows
an exemption from tax for scholarship income received by a
Chinese student temporarily present in the United States. Under
U.S. law, this student will become a resident alien for tax
purposes if his or her stay in the United States exceeds 5
calendar years. However, paragraph 2 of the first Protocol to the
U.S.-China treaty (dated April 30, 1984) allows the provisions of
Article 20 to continue to apply even after the Chinese student
becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of
the first protocol) and is relying on this exception to claim an
exemption from tax on his or her scholarship or fellowship
income would attach to Form W-9 a statement that includes the
information described above to support that exemption.
Note. You are requested to check the appropriate box for your
status (individual/sole proprietor, corporation, etc.).
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts to justify the exemption from tax under the
terms of the treaty article.
Nonresident alien who becomes a resident alien. Generally,
only a nonresident alien individual may use the terms of a tax
treaty to reduce or eliminate U.S. tax on certain types of income.
However, most tax treaties contain a provision known as a
“saving clause.” Exceptions specified in the saving clause may
permit an exemption from tax to continue for certain types of
income even after the payee has otherwise become a U.S.
resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an
exemption from U.S. tax on certain types of income, you must
attach a statement to Form W-9 that specifies the following five
items:
1. The treaty country. Generally, this must be the same treaty
under which you claimed exemption from tax as a nonresident
alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
Also see Special rules for partnerships on page 1.
Foreign person. If you are a foreign person, do not use Form
W-9. Instead, use the appropriate Form W-8 (see Publication
515, Withholding of Tax on Nonresident Aliens and Foreign
Entities).
The U.S. grantor or other owner of a grantor trust and not the
trust, and
The U.S. trust (other than a grantor trust) and not the
beneficiaries of the trust.
Limited liability company (LLC). Check the “Limited liability
company” box only and enter the appropriate code for the tax
classification (“D” for disregarded entity, “C” for corporation, “P”
for partnership) in the space provided.
For a single-member LLC (including a foreign LLC with a
domestic owner) that is disregarded as an entity separate from
its owner under Regulations section 301.7701-3, enter the
owner’s name on the “Name” line. Enter the LLC’s name on the
“Business name” line.
For an LLC classified as a partnership or a corporation, enter
the LLC’s name on the “Name” line and any business, trade, or
DBA name on the “Business name” line.
Form W-9 (Rev. 10-2007)
Page 3
Part I. Taxpayer Identification
Number (TIN)
Enter your TIN in the appropriate box. If you are a resident
alien and you do not have and 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.
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 or get this form online at www.ssa.gov. You
may also get this form by calling 1-800-772-1213. Use 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
apply for an EIN online by accessing the IRS website at
www.irs.gov/businesses and clicking on Employer Identification
Number (EIN) under Starting a Business. You can get Forms W-7
and SS-4 from the IRS by visiting www.irs.gov or by calling
1-800-TAX-FORM (1-800-829-3676).
If you are asked to complete Form W-9 but 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.
If you are a sole proprietor and you have an EIN, you may
enter either your SSN or EIN. However, the IRS prefers that you
use your SSN.
If you are a single-member LLC that is disregarded as an
entity separate from its owner (see Limited liability company
(LLC) on page 2), enter the owner’s SSN (or EIN, if the owner
has one). Do not enter the disregarded entity’s EIN. If the LLC is
classified as a corporation or partnership, enter the entity’s EIN.
Note. See the chart on page 4 for further clarification of name
and TIN combinations.
Note. Entering “Applied For” means that you have already
applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded domestic entity that has a foreign owner
must use the appropriate Form W-8.
9. A futures commission merchant registered with the
Commodity Futures Trading Commission,
10. A real estate investment trust,
11. An entity registered at all times during the tax year under
the Investment Company Act of 1940,
12. A common trust fund operated by a bank under section
584(a),
13. A financial institution,
14. A middleman known in the investment community as a
nominee or custodian, or
15. A trust exempt from tax under section 664 or described in
section 4947.
THEN the payment is exempt
for . . .
IF the payment is for . . .
All exempt payees except
for 9
Interest and dividend payments
Exempt payees 1 through 13.
Also, a person registered under
the Investment Advisers Act of
1940 who regularly acts as a
broker
Broker transactions
Exempt payees 1 through 5
Barter exchange transactions
and patronage dividends
Generally, exempt payees
1 through 7
Payments over $600 required
to be reported and direct
sales over $5,000
See Form 1099-MISC, Miscellaneous Income, and its instructions.
However, the following payments made to a corporation (including gross
proceeds paid to an attorney under section 6045(f), even if the attorney is a
corporation) and reportable on Form 1099-MISC are not exempt from
backup withholding: medical and health care payments, attorneys’ fees, and
payments for services paid by a federal executive agency.
The chart below shows types of payments that may be
exempt from backup withholding. The chart applies to the
exempt payees listed above, 1 through 15.
1
2
7. A foreign central bank of issue,
8. A dealer in securities or commodities required to register in
the United States, the District of Columbia, or a possession of
the United States,
2
The following payees 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 or instrumentalities,
4. A foreign government or any of its political subdivisions,
agencies, or instrumentalities, or
5. An international organization or any of its agencies or
instrumentalities.
Other payees that may be exempt from backup withholding
include:
6. A corporation,
Generally, individuals (including sole proprietors) are not exempt
from backup withholding. Corporations are exempt from backup
withholding for certain payments, such as interest and dividends.
Note. If you are exempt from backup withholding, you should
still complete this form to avoid possible erroneous backup
withholding.
1
1. Interest, dividend, and barter exchange accounts
opened before 1984 and broker accounts considered active
during 1983. You must give your correct TIN, but you do not
have to sign the certification.
2. Interest, dividend, broker, and barter exchange
accounts opened after 1983 and broker accounts considered
inactive during 1983. You must sign the certification or backup
withholding will apply. If you are subject to backup withholding
and you are merely providing your correct TIN to the requester,
you must cross out item 2 in the certification before signing the
form.
Part II. Certification
For a joint account, only the person whose TIN is shown in
Part I should sign (when required). Exempt payees, see Exempt
Payee on page 2.
To establish to the withholding agent that you are a U.S. person,
or resident alien, sign Form W-9. You may be requested to sign
by the withholding agent even if items 1, 4, and 5 below indicate
otherwise.
Signature requirements. Complete the certification as indicated
in 1 through 5 below.
Form W-9 (Rev. 10-2007)
Page 4
Give name and EIN of:
For this type of account:
3. Real estate transactions. You must sign the certification.
You may cross out item 2 of the certification.
A valid trust, estate, or pension trust
6.
Legal entity
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4. Other payments. You must give your correct TIN, but you
do not have to sign the certification unless you have been
notified that you have previously given an incorrect TIN. “Other
payments” include payments made in the course of the
requester’s trade or business for rents, royalties, goods (other
than bills for merchandise), medical and health care services
(including payments to corporations), payments to a
nonemployee for services, payments to certain fishing boat crew
members and fishermen, and gross proceeds paid to attorneys
(including payments to corporations).
The corporation
Corporate or LLC electing
corporate status on Form 8832
7.
The organization
Association, club, religious,
charitable, educational, or other
tax-exempt organization
8.
5. Mortgage interest paid by you, acquisition or
abandonment of secured property, cancellation of debt,
qualified tuition program payments (under section 529), IRA,
Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your
correct TIN, but you do not have to sign the certification.
The partnership
Partnership or multi-member LLC
9.
The broker or nominee
A broker or registered nominee
10.
The public entity
Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
11.
Privacy Act Notice
List first and circle the name of the person whose number you furnish. If only one person
on a joint account has an SSN, that person’s number must be furnished.
Circle the minor’s name and furnish the minor’s SSN.
You must show your individual name and you may also enter your business or “DBA”
name on the second name line. You may use either your SSN or EIN (if you have one),
but the IRS encourages you to use your SSN.
List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN
of the personal representative or trustee unless the legal entity itself is not designated in
the account title.) Also see Special rules for partnerships on page 1.
Note. If no name is circled when more than one name is listed,
the number will be considered to be that of the first name listed.
Disregarded entity not owned by an
individual
The owner
12.
You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other
payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest,
dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or
contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return.
The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S.
possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal
nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism.
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Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal
information such as your name, social security number (SSN), or
other identifying information, without your permission, to commit
fraud or other crimes. An identity thief may use your SSN to get
a job or may file a tax return using your SSN to receive a refund.
What Name and Number To Give the Requester
Give name and SSN of:
For this type of account:
The individual
1.
Individual
The actual owner of the account or,
if combined funds, the first
individual on the account
2.
Two or more individuals (joint
account)
The minor
2
3.
Custodian account of a minor
(Uniform Gift to Minors Act)
The grantor-trustee
1
4.
a. The usual revocable savings
trust (grantor is also trustee)
The actual owner
1
b. So-called trust account that is
not a legal or valid trust under
state law
The owner
3
5.
Sole proprietorship or disregarded
entity owned by an individual
Call the IRS at 1-800-829-1040 if you think your identity has
been used inappropriately for tax purposes.
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To reduce your risk:
Protect your SSN,
Ensure your employer is protecting your SSN, and
Be careful when choosing a tax preparer.
Victims of identity theft who are experiencing economic harm
or a system problem, or are seeking help in resolving tax
problems that have not been resolved through normal channels,
may be eligible for Taxpayer Advocate Service (TAS) assistance.
You can reach TAS by calling the TAS toll-free case intake line
at 1-877-777-4778 or TTY/TDD 1-800-829-4059.
Protect yourself from suspicious emails or phishing
schemes. Phishing is the creation and use of email and
websites designed to mimic legitimate business emails and
websites. The most common act is sending an email to a user
falsely claiming to be an established legitimate enterprise in an
attempt to scam the user into surrendering private information
that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails.
Also, the IRS does not request personal detailed information
through email or ask taxpayers for the PIN numbers, passwords,
or similar secret access information for their credit card, bank, or
other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to [email protected]. You may also report
misuse of the IRS name, logo, or other IRS personal property to
the Treasury Inspector General for Tax Administration at
1-800-366-4484. You can forward suspicious emails to the
Federal Trade Commission at: [email protected] or contact them at
www.consumer.gov/idtheft or 1-877-IDTHEFT(438-4338).
Visit the IRS website at www.irs.gov to learn more about
identity theft and how to reduce your risk.