Correcting W9 form for subcontractor

My business partner and I started a small business back in October 2019. We are in the bronze foundry business specializing in fine art. Our jobs sometimes involve doing subcontract work with other bronze foundries as well. Which they require us to submit to them a w-9 form. Now my business partner is undocumented. And I am born and raised here in California. I have already given one subcontractor a w-9 form with my name but listed on there as a partnership. My question is how do we go about submitting to our subcontractors the correct forms? I do not want to get stuck having to pay all the taxes for the business. I hope this makes sense. Please help – thanks!

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  1. 28 Answers

    Unfortunately, on paper you are operating as an individual in a partnership which makes you liable for income tax, self-employment tax and estimated taxes. W-9 is the correct form for your subcontractors completed with your name, the business name and the Business EIN. Your insurance liability will have to be in your name. When you pay, if legally done, it will shed light to your business partners’ undocumented status. The fact remains, your business partner is undocumented. I do no know if he pays taxes or if he has started the process to become a legal U.S. Citizen or is sponsored by the business. This can take a long as years and required a detailed legal process.

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