4 Comments

I have observed that disregarded entities (sole prop) who file Sch C and use their EIN appear to be exempt from IRS income matching. It appears the IRS is not associating the EIN Income with the Sole Prop SSN . These Sole Prop fill out their W-9 as a disregarded entity and put down their EIN rather than their SSN.

The W-9 apparently is NOT reviewed by any taxing agency for accuracy. I would be interested in your observations.

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Tom comments that the LLC should always use the owner's TIN, not its EIN, for income tax reporting. We all agree that is a true statement.

I offer that NO taxing authority sees the W-9 that our clients file. Many of them have figured out this is a way to avoid paying tax on ALL their income. Suggested Quick Fix is to require all Sole Props to send a COPY of their W-9s to the taxing authorities.

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If an LLC registers with the state naming both the husband and wife as members, but then amends the registration to list just the wife (to avoid filing a partnership return) before the end of the first year, does only the Schedule C needs to be filed?

Or would a zero partnership return need to be filed also?

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