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<p>[QUOTE="NPCoin, post: 1106413, member: 5629"]Actually, it is defined in latter sections, specifically <a href="http://www.law.cornell.edu/uscode/26/usc_sec_26_00007701----000-.html" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.law.cornell.edu/uscode/26/usc_sec_26_00007701----000-.html" rel="nofollow">26 USC § 7701</a>:</p><p><br /></p><p><br /></p><p>Thus, any deviation from this definition must be express or obvious in its incompatibility with the intent of the law. Section 6041 is referenced to five other times within the Internal Revenue Code (title 26), and once outside that particular Title (sections 3406, 3509, 6045, 6051, and 6724 of Title 26 and section 2719 of Title 25).</p><p><br /></p><p>There are nine sections in the Code of Federal Regulations dealing with 26 USC 6041 (26 CFR 6041.1-9). Nowhere in the regulations is there reference to any exemption to the definition of "person" being an individual.</p><p><br /></p><p>If you can reference the code or regulation that defines the payee expressly as a business and exempts an individual from the definition of "person", your argument would hold more clout. But, like I said before, there is still time to wait for finalization on this subject.</p><p><br /></p><p>Something to think about is <a href="http://www.irs.gov/irb/2010-29_IRB/ar09.html" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.irs.gov/irb/2010-29_IRB/ar09.html" rel="nofollow">from the IRS</a> itself:</p><p><br /></p><p>Why would there be a "privacy" issue with a business entity? A business entity can easily apply for an EIN instead of using their SSN if they are a sole-proprietor or contractor without employees. In my opinion, this concern would only be valid with actual "private" individuals.[/QUOTE]</p><p><br /></p>
[QUOTE="NPCoin, post: 1106413, member: 5629"]Actually, it is defined in latter sections, specifically [URL="http://www.law.cornell.edu/uscode/26/usc_sec_26_00007701----000-.html"]26 USC § 7701[/URL]: Thus, any deviation from this definition must be express or obvious in its incompatibility with the intent of the law. Section 6041 is referenced to five other times within the Internal Revenue Code (title 26), and once outside that particular Title (sections 3406, 3509, 6045, 6051, and 6724 of Title 26 and section 2719 of Title 25). There are nine sections in the Code of Federal Regulations dealing with 26 USC 6041 (26 CFR 6041.1-9). Nowhere in the regulations is there reference to any exemption to the definition of "person" being an individual. If you can reference the code or regulation that defines the payee expressly as a business and exempts an individual from the definition of "person", your argument would hold more clout. But, like I said before, there is still time to wait for finalization on this subject. Something to think about is [URL="http://www.irs.gov/irb/2010-29_IRB/ar09.html"]from the IRS[/URL] itself: Why would there be a "privacy" issue with a business entity? A business entity can easily apply for an EIN instead of using their SSN if they are a sole-proprietor or contractor without employees. In my opinion, this concern would only be valid with actual "private" individuals.[/QUOTE]
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