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Backup withholding basics

Backup Withholding After a Missing or Incorrect TIN

Understand the current rate, the difference between a missing/obviously incorrect TIN and an IRS mismatch notice, and the reporting steps that follow when backup withholding applies.

24%current IRS backup withholding rate
1

Missing or obviously incorrect TIN

IRS guidance generally calls for backup withholding immediately if the payee did not furnish a TIN or furnished one that is obviously incorrect, such as a value that is not nine digits or contains alphabetic characters.

2

IRS name/TIN mismatch notice

If the CP2100/CP2100A listing matches your records, send the appropriate B Notice. If the required response does not arrive, the IRS says backup withholding must begin no later than the applicable 30-business-day deadline.

3

Report and deposit withheld tax

The IRS says backup withholding is reported on Form 945. Deposits use the applicable federal deposit schedule; review current Publication 15 and Form 945 instructions.

Backup withholding is not a penalty calculator.

It is federal income tax withheld from certain reportable nonpayroll payments. The payee may claim credit for the withholding on the payee's federal income tax return. The payer is responsible for applying the withholding rules correctly.

IRS sources: CP2100/CP2100A guidance · Backup Withholding B Program · 2026 General Instructions

Backup withholding FAQs

What is the current backup withholding rate?

The IRS currently states that the backup withholding rate is 24% of reportable payments when the backup-withholding rules apply.

When is backup withholding immediate?

IRS guidance generally requires immediate backup withholding when a payee fails to furnish a TIN or furnishes an obviously incorrect TIN, subject to specific exceptions in the instructions.

How is backup withholding reported to the IRS?

The IRS says payers report backup withholding liability on Form 945, Annual Return of Withheld Federal Income Tax. Deposits follow the applicable federal deposit schedule.

Does every CP2100 mismatch cause immediate withholding?

Not necessarily. For a name/TIN mismatch that matches the payer records, the B Notice response period matters. IRS guidance says withholding must begin no later than 30 business days after the notice if the payee does not provide the required response.

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