The test the checker applies
From IRM 4.19.26.10.7.2 and 10.7.2.1, the rules the Campus Backup Withholding unit uses when a payer responds to Letter 6112 with W-9s:
- "If the Form W-9 is dated on or before the payment is made, then the Payer is not subject to backup withholding for that Payee, even if the payee TIN is incorrect." Cleared.
- A W-9 dated after the payment shows the TIN was not on file when the payment was made. The payments before that date remain exposed at 24%; payments on or after it are covered. Exposed.
- A W-9 that is unsigned by the payee, or has no TIN on it, is "incomplete" and is rejected with scripted language in Letter 3064-C. Rejectable.
- No W-9 and no other dated record of the TIN: the liability is the payments times 24% unless a Form 4669 shows the payee paid the tax. Exposed.
The IRM does not require a W-9 specifically; any dated record showing the TIN was on hand before payment can be used, with a signed statement (IRM 4.19.26.10.7.2). A W-9 whose TIN later turns out to be wrong is a CP2100 matter, not a backup-withholding liability under this program. One exception: if the 1099 for the payee carried the second-B-Notice indicator, a W-9 cannot clear it (IRM 4.19.26.10.7.2).