I-9 form: the deadlines and the edition are what get audited
Most I-9 penalties are not about hiring the wrong person. They are paperwork violations — a late section two, a missing date, an outdated edition of the form.
A W-9 costs nothing to collect on day one and is close to impossible to extract in January from a contractor who has stopped answering.
The W-9 form — Request for Taxpayer Identification Number and Certification — is how a United States business collects the legal name, tax classification and taxpayer identification number of someone it pays. The payer requests it, the payee completes it, and the payer keeps it. It is not sent to the IRS. Its whole purpose is to give the payer the details needed to file information returns correctly at year end.
The mistake is almost universal and almost always the same: paying first and collecting the form later. In January the contractor has finished the job, moved on, changed email address and has no incentive to reply — and you cannot file a correct information return without their number.
If a payee does not provide a valid taxpayer identification number, the payer is required to withhold a percentage of the payment and remit it — that is backup withholding, and it exists precisely to make missing W-9s the payer’s problem. It also applies where the IRS notifies you that a number is incorrect or that the payee has underreported. The practical implication is simple: collecting the form is not administrative diligence, it is what prevents you from having to deduct from an invoice and explain why.
Make the W-9 part of supplier onboarding, alongside the bank details, and refuse to process the first payment without it. Every organisation that has this problem solved does it that way, and every organisation that chases in January does not.
The form has a revision date and the IRS updates it; use the current version from the IRS site rather than a copy saved years ago, because the certifications and the classification boxes have changed over time. Store completed forms securely: they contain Social Security numbers, which makes the file a data-protection question rather than a filing one — restricted access, no emailing around the office, and a retention rule. Ettex PDF fills and flattens the form for vendors who ask you to complete one, Ettex Records holds the collected forms per vendor with access restricted and the retention date visible, and Ettex Sheets tracks which vendors are still missing one before year end rather than during it.
Being direct: this is documents and records, not tax software, and none of it is tax advice. Classifications, exemption codes, withholding rates and reporting thresholds are set by the IRS and change; your accountant and the current form instructions are the authorities.
It gives a payer the payee’s legal name, tax classification and taxpayer identification number so that information returns can be filed correctly. It is kept by the payer, not sent to the IRS.
A United States person or entity being paid by a business — typically independent contractors, freelancers, consultants, landlords and professional firms.
The payer is required to apply backup withholding to the payments, deducting and remitting a percentage set by the IRS.
At least as long as the related information returns can be examined, commonly several years after the last payment. Keep them securely — they contain taxpayer identification numbers.
Most I-9 penalties are not about hiring the wrong person. They are paperwork violations — a late section two, a missing date, an outdated edition of the form.
An ACORD 25 tells you what a policy looked like on the day it was issued. It grants nothing, guarantees nothing, and is accepted at face value far more often than it should be.
A board resolution to open bank account is the document a bank asks for before it will let a company hold money. It is refused often, and almost always for the same missing specifics.