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Content Overview

The P 1 form, officially known as the Reasonable Cause Affidavit by Payor for Not Obtaining Payee’s Identifying Number, serves a critical function for employers and payors navigating the complexities of tax compliance. This form allows an employer to declare that they have requested the identifying number of an employee or payee, who has declined to provide it. By filing this affidavit, the employer seeks a waiver of any penalties that may arise from the failure to obtain this information, as outlined in 26 U.S.C. §6724(a). The form requires the employer’s name, address, and identification number, alongside a statement affirming that they have made a reasonable effort to obtain the necessary taxpayer ID number. It also includes sections for the employee or payee to confirm their refusal to provide such information. This process is governed by Treasury Regulation 301.6109-1(c), which stipulates that if a payor has made a proper request for the identifying number and the payee does not comply, the payor can avoid penalties, provided they demonstrate reasonable cause for the omission. Thus, the P 1 form is not just a bureaucratic requirement; it is a safeguard for payors against potential financial penalties while ensuring compliance with federal tax regulations.

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Form P-1
Reasonable Cause Affidavit by Payor
For Not Obtaining Payee’s Identifying Number
u Release From Penalty26 U.S.C. §6724(a)
Employer’s/Payor’s name and address Employer identification number
Employer/Payor statement:
I _______________________________, being an officer of _____________________________________,
hereby state that I have asked for the identifying number of the employee/payee,
_____________________________________ who has declined to provide an identifying number. I am filing
this affidavit in accordance with 26 USC 6724, waiver of penalty (26 USC 6724(a)) assessed under the code
upon a showing of reasonable cause, and Treasury Regulation 301.6109-1(c).
I certify that the information stated here is correct and that I asked the employee/payee for a taxpayer ID
number (Social security number) and that the employee/payee declined to provide such number.
Employer/Payor signature
u
Date u
Employee/Payee information
Type or print employee/payee first name and initial Last name Social security number (write “None” if you do not have a SSN or
“Declined” if you do not wish to provide a SSN)
Home address (number and street or rural route) Employee/payee statement:
I ____________________________________ have
declined to provide an identifying number to my
employer/payor, __________________________.
City or town, State and ZIP code
I certify that the information stated here is correct and the employer/payor did ask me for a taxpayer ID
number (social security number) and that I declined to provide such number.
Employee/payee signature
u
Date u
26 USC §6724, waiver of penalty (26 USC §6724(a)) assessed under the code upon a showing of reasonable cause, and Treasury
Regulation 301.6109-1(c) Treasury Regulation 301.6109-1(c) provides: .... When the person filing the return statement, or other document
does not know the SSN of the other person, and has complied with the request provision of this paragraph, he shall sign an affidavit on
the transmittal document forwarding such returns, statements, or other documents to the Internal Revenue Service so stating. A payor
is required to request the identifying number of the payee. If after such request has been made, the payee does not furnish the payor with
an identifying number, the penalty ($50.00) will not be assessed against the payor, if it is shown that such failure is due to reasonable
cause and not willful neglect. [See also 26 USC §6724, waiver of penalty (26 USC §6724(a)) assessed under the code upon a showing
of reasonable cause.]
Public DomainPrivacy Form P-1 (02) 1999

Form Specifications

Fact Name Description
Purpose of Form P-1 This form serves as a Reasonable Cause Affidavit by the payor for not obtaining the payee's identifying number. It is essential for employers to document their efforts to request this information.
Governing Law The form is governed by 26 U.S.C. §6724(a), which outlines the waiver of penalties for payors who demonstrate reasonable cause for not obtaining a payee's identifying number.
Employer/Payor Requirements Employers must request the identifying number from the payee. If the payee declines to provide it, the employer can file this affidavit to avoid penalties.
Employee/Payee Statement The payee must confirm their refusal to provide the identifying number, affirming that the employer did indeed ask for it.
Signature Requirement Both the employer/payor and the employee/payee are required to sign the form to validate the statements made within it.
Regulatory Reference Treasury Regulation 301.6109-1(c) provides additional context, stating that an affidavit must accompany returns if the payor does not know the payee's SSN.

P 1: Usage Guidelines

After completing the P-1 form, it will be submitted to the Internal Revenue Service (IRS) to demonstrate that reasonable cause exists for not obtaining the payee's identifying number. This form serves as a declaration that the payee declined to provide their taxpayer ID number, which is necessary to avoid penalties.

  1. Begin by filling in the Employer’s/Payor’s name and address at the top of the form.
  2. Enter the Employer identification number (EIN) in the designated space.
  3. In the statement section, write your name as the officer of the company.
  4. Fill in the name of the employer/payor for whom you are filing the affidavit.
  5. Provide the name of the employee/payee who declined to provide their identifying number.
  6. Sign the form in the Employer/Payor signature area and date it.
  7. Next, complete the Employee/Payee information section:
    • Type or print the employee/payee's first name and initial.
    • Enter the last name of the employee/payee.
    • Input the social security number (write "None" or "Declined" if applicable).
    • Fill in the home address including street number, city, state, and ZIP code.
  8. In the employee/payee statement, write your name as the employee/payee.
  9. Sign and date the form in the Employee/payee signature area.

Your Questions, Answered

What is the purpose of the P-1 form?

The P-1 form serves as a Reasonable Cause Affidavit by a payor who has not been able to obtain the identifying number of a payee. This form is particularly important for employers who have requested their employees' taxpayer identification numbers but have been declined. By filing this form, the payor can demonstrate reasonable cause to avoid penalties for failing to provide the required information to the IRS.

Who needs to fill out the P-1 form?

The P-1 form is intended for employers or payors who have requested an identifying number from a payee, such as an employee, but have not received it. If the payee has declined to provide their Social Security Number (SSN) or other taxpayer identification number, the payor must complete this form to document the request and the payee's refusal.

What information is required on the P-1 form?

To complete the P-1 form, the payor must provide their name, address, and employer identification number. Additionally, the form requires the payee's name, address, and the status of their SSN—either "None" if they do not have one or "Declined" if they choose not to provide it. Both the payor and payee must sign the form to certify the accuracy of the information provided.

What happens if the payee does not provide their identifying number?

If the payee refuses to provide their identifying number after the payor has made a formal request, the payor can file the P-1 form. This filing can help the payor avoid a $50 penalty imposed by the IRS for not having the payee's identifying number, provided that the failure to obtain the number is shown to be due to reasonable cause and not willful neglect.

What is considered 'reasonable cause' under the P-1 form?

Reasonable cause refers to circumstances that prevent the payor from obtaining the payee's identifying number despite making a good faith effort. This includes situations where the payee has explicitly declined to provide their number. The IRS recognizes that not all failures to obtain an identifying number are due to negligence, and the P-1 form helps to substantiate this claim.

How does the P-1 form relate to IRS regulations?

The P-1 form is aligned with IRS regulations, specifically 26 U.S.C. §6724 and Treasury Regulation 301.6109-1(c). These regulations outline the requirements for obtaining taxpayer identification numbers and the process for filing an affidavit when such numbers are unavailable. By following these guidelines, payors can ensure compliance with IRS rules.

Is there a deadline for submitting the P-1 form?

While there is no specific deadline for submitting the P-1 form, it is advisable to file it as soon as the payee declines to provide their identifying number. Timely submission helps demonstrate that the payor acted promptly in seeking the necessary information and strengthens their case for reasonable cause when dealing with potential penalties.

Can the P-1 form be used for multiple payees?

The P-1 form is typically completed for each individual payee who has declined to provide their identifying number. Each payor should file a separate P-1 form for each payee to ensure accurate documentation and compliance with IRS requirements. This practice helps maintain clear records for each case.

Where should the completed P-1 form be submitted?

The completed P-1 form should be included with the transmittal documents sent to the Internal Revenue Service (IRS). It is essential to ensure that the form is properly signed and dated by both the payor and the payee to validate the information contained within. Keeping a copy for your records is also recommended.

Common mistakes

  1. Failing to include the employer identification number. This is crucial for identifying the payor.

  2. Not providing the employee/payee's full name. Ensure both first name and last name are clearly stated.

  3. Writing “None” or “Declined” in the social security number field without proper context. Specify if the payee declined to provide the number.

  4. Omitting the home address of the employee/payee. This information is necessary for accurate record-keeping.

  5. Neglecting to sign and date the form. Both the employer/payor and employee/payee must provide their signatures.

  6. Using an incorrect format for the address. Ensure it includes the street number, city, state, and ZIP code.

  7. Not stating the reason for the affidavit clearly. The purpose of the form must be evident to avoid confusion.

  8. Failing to keep a copy of the completed form. Retaining a record is important for future reference.

  9. Ignoring the specific instructions provided in the form. Each section has guidelines that must be followed.

  10. Submitting the form without reviewing it for errors or omissions. Double-checking can prevent unnecessary delays.

Documents used along the form

When dealing with the P-1 form, several other documents may also be necessary to ensure compliance and proper record-keeping. Each of these forms serves a specific purpose and can help clarify the situation surrounding the request for an identifying number. Here’s a brief overview of these related documents.

  • W-9 Form: This form is used by individuals or businesses to provide their taxpayer identification number (TIN) to others. It helps the payor obtain the necessary information to report payments made to the payee to the IRS.
  • W-4 Form: Employees use this form to indicate their tax situation to their employer. It helps determine the amount of federal income tax withholding from their paychecks. While not directly related to the P-1 form, it’s essential for payroll processing.
  • Form 1099-MISC: This form is used to report various types of income other than wages, salaries, and tips. If a payee does not provide their TIN, the payor may still need to file a 1099-MISC, indicating the payments made without the identifying number.
  • Form 1040: This is the individual income tax return form. Payees report their income, including any payments received that might have been reported on a 1099-MISC. Accurate reporting is crucial for both the payee and the IRS.
  • Form SS-4: This form is used to apply for an Employer Identification Number (EIN). Businesses may need this number to report taxes, even if they are not required to provide a TIN for each payee.
  • Request for Taxpayer Identification Number and Certification: This document serves as a formal request for a payee’s TIN. It can help establish a paper trail showing that the payor made an effort to obtain the necessary information.

Understanding these forms can simplify the process of handling tax-related matters. Each document plays a role in ensuring compliance and protecting both the payor and payee from potential penalties. Keeping them organized and accessible can help facilitate smoother transactions and reporting.

Similar forms

The P-1 form serves a specific purpose in the realm of tax compliance, particularly concerning the identification of payees. Several other documents share similarities with the P-1 form, each serving its own unique function while addressing similar issues of identification and compliance. Here’s a list of those documents:

  • W-9 Form: This form is used by a payee to provide their taxpayer identification number (TIN) to the payor. Like the P-1, it confirms that the payee has been asked for their TIN and is essential for tax reporting purposes.
  • W-8BEN Form: Foreign individuals use this form to certify their foreign status and claim any applicable tax treaty benefits. It similarly serves as a declaration of identification, just as the P-1 does for U.S. payees.
  • 1099 Form: This form is issued by payors to report various types of income other than wages. It relies on the information collected in forms like the P-1 to ensure accurate reporting.
  • Form 4506-T: This document allows individuals to request a transcript of their tax return. It can be used to verify income and identity, akin to the P-1's role in confirming a payee's identifying information.
  • Form 1042-S: This is used to report income paid to foreign persons. Similar to the P-1, it requires the identification of the payee and is crucial for tax compliance.
  • Form SS-4: This form is used to apply for an Employer Identification Number (EIN). It relates to the identification process, much like the P-1, ensuring that businesses are properly identified for tax purposes.
  • Form 941: Employers use this quarterly form to report income taxes, Social Security tax, and Medicare tax withheld from employee paychecks. Accurate identification of employees is vital, paralleling the purpose of the P-1.
  • Form 1095-C: This form provides information about health coverage offered by employers. It requires accurate employee identification, similar to the P-1’s function of confirming a payee's identity.

Each of these forms plays a crucial role in the tax compliance process, ensuring that accurate information is exchanged between payors and payees. Understanding their similarities can help clarify the importance of proper identification in various tax-related situations.

Dos and Don'ts

When filling out the P-1 form, it’s important to follow certain guidelines to ensure accuracy and compliance. Here are some dos and don’ts:

  • Do provide complete and accurate information for both the employer/payor and employee/payee sections.
  • Do clearly state that the employee/payee has declined to provide their identifying number.
  • Do sign and date the form where indicated to validate the affidavit.
  • Do keep a copy of the completed form for your records.
  • Don’t leave any sections blank; all required fields must be filled out.
  • Don’t use abbreviations or unclear language that may confuse the reader.
  • Don’t forget to check for any errors before submitting the form.
  • Don’t submit the form without ensuring that it complies with the latest IRS guidelines.

Misconceptions

Understanding the P-1 form is crucial for both payors and payees. However, several misconceptions can lead to confusion. Here are nine common misunderstandings about the P-1 form:

  1. The P-1 form is only for employers. Many believe that only employers need to use the P-1 form. In reality, it is intended for any payor who needs to document a payee's refusal to provide their identifying number.
  2. Filing the P-1 form eliminates all penalties. Some think that submitting the P-1 form automatically waives any penalties. While it can help avoid penalties under certain conditions, it does not guarantee complete immunity.
  3. The payee can never be penalized. There is a belief that the payee will not face any consequences for not providing their identifying number. However, the IRS may still impose penalties on the payee for failing to provide necessary information.
  4. The P-1 form is unnecessary if the payee has a valid reason. Some individuals think that if a payee has a valid reason for not providing their identifying number, the P-1 form is not needed. However, the form is still required to document the situation properly.
  5. Only Social Security Numbers are acceptable. It is a common misconception that only Social Security Numbers (SSNs) can be used on the P-1 form. In fact, if a payee does not have an SSN, they can indicate “None” or “Declined.”
  6. The P-1 form can be filed at any time. Many assume that the P-1 form can be submitted whenever it is convenient. In reality, it should be filed in a timely manner, ideally when the payee refuses to provide their identifying number.
  7. The P-1 form is only relevant for tax purposes. While it is primarily associated with tax reporting, the implications of the P-1 form extend beyond taxes. It can affect the payor’s ability to report income accurately and avoid penalties.
  8. Once the P-1 form is submitted, no further action is needed. Some believe that submitting the P-1 form is the end of the process. However, the payor must still keep records and may need to follow up with the IRS if issues arise.
  9. The P-1 form is a one-size-fits-all document. Lastly, there is a misconception that the P-1 form can be used universally for all situations. Each case is unique, and specific details may require additional documentation or forms.

Being aware of these misconceptions can help ensure that both payors and payees navigate the process with clarity and understanding.

Key takeaways

Here are key takeaways about filling out and using the P 1 form:

  • Purpose of the Form: The P 1 form serves as an affidavit for employers or payors to declare that they requested an identifying number from a payee who declined to provide it.
  • Eligibility for Penalty Waiver: By submitting this form, payors can avoid a $50 penalty if they can demonstrate reasonable cause for not obtaining the payee's identifying number.
  • Accurate Information: It is crucial to provide accurate details, including the employer's name, payee's name, and the reason for the lack of an identifying number.
  • Signature Requirement: Both the employer/payor and the employee/payee must sign the form, confirming the accuracy of the information provided.
  • Compliance with Regulations: The form aligns with IRS regulations, specifically 26 USC §6724 and Treasury Regulation 301.6109-1(c), which outline the requirements for requesting and documenting identifying numbers.