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How does our HOA board fill out a W-9 when a bank, insurer or tenant asks for one?

By OurHOA · General information · Revised

How an HOA treasurer fills out IRS Form W-9 line by line: legal name, tax box, exempt payee code, EIN, who signs, and fixing a name mismatch.

Part of the HOA board handbook: treasurer and money.

The short answer

Form W-9 tells a payer three things about the association: its legal name, its federal tax classification and its employer identification number (EIN). The payer uses them to file any information return it owes and to decide whether it has to withhold tax from what it pays you. For a typical incorporated HOA the form takes ten minutes: the corporate name on line 1, the C corporation box on line 3a, exempt payee code 5 on line 4, the association's mailing address, the EIN in Part I, and an officer's signature. The current revision is dated March 2024. Get it wrong and the payer may have to hold back 24 percent of what it sends, the federal backup withholding rate for a payee without a correct, certified number. These federal rules are the same in Texas, Florida, Colorado and every other state. This is general education, not tax or legal advice; if the association is unincorporated, an LLC or holds a 501(c) letter, have your CPA confirm the boxes.

Who asks for one, and when to push back

Most requests come from someone about to pay the association money: - The bank, when you open an account. Banks often build the W-9 certification into the account signature card, which the IRS allows as a substitute form. - An insurer, before it releases a claim check for storm damage. - A cell carrier or neighbor leasing common area, or a utility paying for an easement. - A vendor refunding a deposit or an overpayment. - A payment processor or dues platform. Owners paying dues have no reason to ask, and a stranger emailing out of the blue has even less. Treat any request you did not expect as a possible scam. Call the requester at a number you already have, not the one in the email, and confirm who wants it and why. The IRS notes on the form itself that it does not start contact with taxpayers by email. A W-9 carries the EIN and an officer's signature, which is enough to help someone impersonate the association.

Line by line for an incorporated HOA

Line 1, name. Enter the name exactly as it appears on the association's federal tax return, for example "Willow Creek Homeowners Association, Inc." The IRS says this line cannot be left blank and should match the return. Check it against the articles of incorporation or certificate of formation on file with the Texas Secretary of State, Florida's Division of Corporations or the Colorado Secretary of State. If the state record shows a different name, or shows the corporation as forfeited or dissolved, fix that first. Line 2, business name. Use it only for a name the community goes by that differs from line 1, such as "Willow Creek" or the name on the entrance sign. Leave it blank otherwise. Line 3a, tax classification. A nonprofit corporation is still a corporation for federal tax purposes, so check C corporation. Do not check Other and write in "nonprofit"; nonprofit is a state law label, not a federal tax class. An association organized as an LLC checks the LLC box and enters its tax class. An unincorporated association should ask its CPA, because the box has to agree with the return it actually files. Line 4, exemptions. Enter 5, the code for a corporation. Use 1 instead only if the IRS has recognized the association as exempt under section 501(a), which means a determination letter, typically under 501(c)(4) or (c)(7). Filing Form 1120-H does not make an association a 501(a) organization. Leave the FATCA code and line 3b blank. Lines 5 and 6, address. This is where the payer will mail any tax form. Use the association's permanent mailing address, such as a post office box, not a director's home. If it changed since the payer last heard from you, write NEW at the top. Part I. Enter the association's EIN in the employer identification number boxes. Never a director's Social Security number. Part II. An officer signs and dates. Cross out item 2 only if the IRS has told the association it is subject to backup withholding for underreporting interest or dividends.

What code 5 does and does not do

Code 5 tells the payer that a corporation is on the other end, and corporations are left out of most information reporting. The 1099-MISC instructions say payments to a corporation generally need no Form 1099-MISC, with exceptions for medical and health care payments, fish purchases, substitute dividend payments and gross proceeds paid to attorneys. A cell tower lessee paying rent to an incorporated HOA usually owes it no 1099. The 1099-INT instructions likewise list corporations as exempt recipients, so the bank does not have to report the reserve account's interest to you. Two things code 5 does not do: - It does not cover card and third-party network payments. The W-9 instructions say corporations are not exempt from backup withholding on payments settled through payment cards or payment networks, so a processor that handles owner dues may still issue the association a Form 1099-K. - It does not decide whether the money is taxable. That depends on the return. The Form 1120-H instructions say exempt function income comes from members as owners, and they list payments from nonmembers and interest on amounts in a sinking fund as income that is not exempt function income. So tower rent, easement money and reserve interest generally belong in the taxable column whether or not a 1099 ever shows up. Our guide on how to prepare Form 1120-H for a small HOA covers where they go.

When the name and EIN do not match

The IRS checks the name and EIN on each information return a payer files. If they do not agree with IRS records, the payer gets a CP2100 or CP2100A notice and, under IRS Publication 1281, must send the association a first "B" notice with a blank W-9 within 15 business days. Send back a corrected, signed W-9 quickly. If it happens a second time within three years, the payer sends a second "B" notice, and a fresh W-9 is no longer enough. The association has to write to the IRS service center where it files its return, enclose a copy of the notice, and ask for Letter 147C, which confirms the name and EIN the IRS has on file. The payer may start withholding 24 percent if it has not received that letter by the 30th business day after the second notice, and it keeps withholding until it does. The usual causes in HOAs: - The IRS still has the developer-era name, or the name before an amendment. - "Inc." or "Association" dropped or abbreviated on line 1. - The management company's EIN, or a former treasurer's SSN, on an old form. - A second community name used on line 1 instead of line 2. If you are unsure what the IRS has, ask for Letter 147C before you send the next W-9. Our guide on whether an HOA needs an EIN explains how to find a lost number and confirm it.

Keep a master copy and a short policy

The treasurer should keep one signed PDF of the current W-9 revision in the association's records, plus a request log: date, requester, reason, who confirmed it by phone, and how it was sent. Refresh it when the address or officers change or the IRS issues a new revision. A one-time motion keeps a new treasurer from wondering whether they are allowed to sign: "Moved that the president and the treasurer are each authorized to complete and sign IRS Form W-9 on behalf of the association, using the association's legal name and EIN, for any payer the officer has confirmed by phone, and that the treasurer keep a copy and a log of each form sent." Send the form through the requester's secure portal or an encrypted link, never as a plain email attachment to an address you have not confirmed. A sample week for a typical request: - Day 1: the insurer's adjuster asks for a W-9 before releasing a $14,000 fence claim. The treasurer calls the claims line from the policy declarations page and confirms the request. - Day 2: the treasurer dates a copy of the master form, uploads it to the insurer's portal and logs it. - Day 10: the check arrives with no withholding, made out to the legal name on line 1, and goes straight into the deposit.

Mistakes boards make

- Signing a W-9 for a vendor's benefit. A W-9 goes from the payee to the payer. When the association pays a contractor, the contractor gives the association a W-9, not the other way around. - Using the community name on line 1. The bank account and the IRS record carry the legal name, and the form should too. - Checking Other and writing in nonprofit or tax-exempt. That tells the payer anything useful, and an exemption the association does not have can be treated as invalid. - Entering code 1 because the HOA is a nonprofit. Without a 501(a) determination letter, use 5. - Ignoring a "B" notice. Backup withholding on a lease or a claim payment ties up nearly a quarter of the money until the paperwork is fixed. The governing documents may say which officers can sign for the association, so check them.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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