Can a business issue Form 1099-NEC to a worker without an ITIN?

Yes — a business can still issue Form 1099-NEC to a worker who does NOT have an ITIN, but there are some very important compliance steps you must follow.


✅ 1. You are STILL required to file the 1099-NEC

If you paid a contractor $600 or more, the filing requirement does not disappear just because the worker didn’t provide:

  • SSN
  • ITIN
  • EIN

The IRS regulations state that if the payer does not know the taxpayer identification number, they must:

Request the other person’s number

So the obligation becomes:

✔ Request it
✔ Document your request
✔ File anyway if they refuse


⚠️ 2. If the worker refuses to provide an ITIN

Now this is where many tax pros mess up:

If the contractor fails or refuses to provide a TIN (SSN/ITIN) after you request a Form W-9, you must:

👉 Start Backup Withholding (MANDATORY)

You are required to:

  • Withhold 24% from future payments
  • Send that to the IRS
  • Report it on Form 945

Backup withholding applies when there is:

Failure to provide the TIN in the required manner


📝 3. How do you file the 1099-NEC without an ITIN?

You should:

  1. Request a W-9 (keep proof — email, letter, etc.)
  2. If they refuse:
    • File the 1099-NEC anyway
    • Leave the TIN blank or document refusal
  3. Maintain records showing:
    • You acted responsibly
    • You attempted to obtain the number

The IRS may impose a penalty for missing TINs, but:

Penalty will not apply if you acted responsibly and took steps to request it


🚨 4. VERY IMPORTANT (Foreign Workers)

If the worker is actually a nonresident alien and does not have an ITIN:

➡️ You generally should NOT issue a 1099-NEC at all

Instead, the correct form is:

  • Form 1042-S

Because:

If the independent contractor is a nonresident alien… use Form 1042-S

This is a huge audit issue if done wrong.


📌 Pro Tip for Your Tax Office

Best practice for your clients:

  • Never pay a contractor until a W-9 is received
  • If no W-9 → withhold 24%
  • If foreign → request W-8BEN, not W-9

Related Articles

Responses