KaJay Posted January 17, 2019 Posted January 17, 2019 Background A participant in a 403(b)(9) retirement plan has requested a distribution. · The participant is a US citizen · The participant lives in Peru. · The funds would be wired to a bank account in the US. · The retirement plan has his SSN on file sourced from both his enrollment app from years ago and his recent withdrawal request form. Questions: 1. Because his SSN is on file and he indicated on the withdrawal form he is a US Citizen, is there any need for the plan to require receipt of a W-9? 2. If the participant was requesting the funds be delivered outside the US, would there be a need for the W-9? TIA for your responses.
Luke Bailey Posted January 18, 2019 Posted January 18, 2019 On page 3 of IRS "Instructions for the Requester of Form W-9," it says that payments of pensions are not subject to backup withholding, so I would think not in either, case, but I have not easily been able to find the authority for that rule, so will be interested in what others know. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
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