W-10 Questions

[Myesh411]

I have a parent who's contract I terminated two weeks ago for non-payment. Her last payment was due on Dec. 21st... the last day before Christmas break. She had a family member pick her child up and promised that her husband was going to pay me when he got off work the same day. The payment was never made that day or the day after as she promised. Since then she has not contacted me, didn't return my phone calls, text messages or emails. She owes me a total of $325.

She texted me yesterday asking for my information so she can file her taxes. I'm not exactly sure how to handle this. I want the money that's owed to me but I'm not sure if it's illegal to withold tax information from her until she pays me. I feel like it's unfair to me. I don't want her to think she can get over on me since I have helped her in the past by discounting her fee

Any ideas on how to handle this situation?

[itlw8]

two seperate issues YOU have to supply her your name address and EIN or SS # ( she could still file her taxes with out and state you refused to give it to her.guess who gets audited)

You should but do not have to write down what she paid you.

You can and should take her to small claims court to collect the debt owed.

[Blackcat31]

By law, the parent is required to submit a W-10 form to you. IF she does nto do that, you are NOT at all required to give her any of your tax information.

You are NOT required to supply anything on the W-10 form if she submits it to you other than your SS# or your EIN number. You are under NO obligation to give her a year end total. That is on her to keep track of.

However, you do need to be aware that she can still file her taxes without your info.

Tom Copeland wrote an excellent blog about this. You can find his article here: http://www.tomcopelandblog.com/2011/...-receipts.html

[Myesh411]

I'm aware that it's two seperate issues. I just am not sure how to handle the situation correctly without being angry about the money thats owed to me. Basically what i'm asking, is do I wait until she stops by to pick up her W-10 to ask her why she avoided my calls or havent paid me, or should I call her before she comes to pick the paper up and confront the non-payment issue.

I've been a provider for 10 years and have never had this type of situation so I didn't know how to handle it or if anyone else has had a similar situation. I know I have to give her the information I just didn't know If I leagally have to supply her with the information. I read online that she has to give me the W-10 and I just fill it out.

[Myesh411]

Thank you!

[Blackcat31]

I know it is hard to be calm, cool and collected when a parent wasn't respectful to you and your business and left owing you money

and then calls and wants something from you....it IS a hard pill to swallow.

Tom Copeland also wrote a great blog entry about what to do if a parent leaves owing you money. http://www.tomcopelandblog.com/2012/...ing-money.html

Hope there is some useful info in there about how to collect what you are owed.

I wouldn't just let it go if I were you and would follow it through to the end using every method available to me to collect the money.

Good luck!

[Myesh411]

She has done this to me in the past and I let it go and allowed her to start fresh with a new contract. She only owed $40 though. This time I will not let it go! I also found out that she has done the same to another provider a few years ago. Unless she brings me a W-10 to fill out, I'll just have to file small claims. Lesson Learned! Thank you SO Much! *i'm about to read Tom Copeland's blogs