When a payee or beneficial owner provides documentation after a payment is made it is considered late. The Service may accept late documentation if the withholding agent has met one of the following requirements.
- It has appropriately relied on the presumption rules
- It can demonstrate to the Service that the proper amount of tax, if any, was in fact paid
- It can show that no documentation was required under IRC §1441
- It can show that it has complied with Treas. Reg. §1.1441-6(c) or (g) with regards to requirements to furnish a taxpayer identifying number (TIN).