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FAQ

Which of the following W-8 Forms is needed?
We need more specifics about the structure. If you have a multimember LLC andone of the members is a nonUS individual but the others are US individualsthen by default you have a US partnership and all income generated by thatpartnership is US taxable income. Treaty benefits would not apply.If you have elected for the LLC to be taxed as a corporation then thecorporation is a US corporation and all income is US taxable income. Thecorporation files its own tax return separate from the owners. If the nonresident owner receives dividends then those dividends are taxed in the US ata flat 30 unless a lower rates applies due to a tax treaty.If you mean that the LLC has one single owner and that owner is a nonresident then the answer depends on the nature of how the business isoperated. If the single owner lives in a country that has a tax treaty withthe US then within that treaty there is most likely a definition of permanentbusiness establishment that determines if the income from the LLC is UStaxable or taxable in the single owner’s home country. That also determineswhich W8 form to complete.All of that and we have only covered US federal income tax. We have not evenbegun to consider other taxes such as state level sales tax if you are sellingtangible goods to US based customers.My suggestion is you have a conversation with a US tax professional who canconsider all the specifics of your situation.
Suppose that I am a U.S. manufacturer (SMLLC) and I purchase raw materialinventory from a foreign vendor (NFFE). Suppose further that the vendorrefuses to give me a Form W-8. How should I handle this under FATCA? Am Irequired to withhold 30%?
Yes receipt of w8 is required to document the residential status of the payee.If not furnished by the payee backup withholding at 30 percent would beapplicable. Inform the vendor about the importance of the form and ask them tofill and provide the form.Inventory or goods are not subject to withholding generally unncessarilybecause of not receiving this form you may be obligated to do the withholdingtax compliance.
Which W-8 form should I fill out as an LLC company?
How do they know to request a W8 instead of a W9 Are you ForeignAssuming you need to submit a W8 instead of a W9 here are the questions toguide your W8 decision.Do you have other members in your LLC If you are the only member a SingleMember LLC is a Disregarded Entity taxed on your personal tax return. So youwould submit the W8BEN.If you have other members are you subject to the default status or have youelected corporate statusIf you are subject to the default status your LLC is taxed as a partnershipso submit the W8IMYIf you elected Corporate status submit the W8BENE.httpswww.irs.govpubirspdf...Other great answers here. Especially good advice from Carl and Mark get to aCPA.
How do I fill out the Amazon Affiliate W-8 Tax Form as a non-US individual?
It depends on your circumstances.You will probably have a form W8 BEN for individualsnatural persons or aform W8 BEN E for corporations or other businesses that are not naturalpersons.Does your country have a double tax convention with the USA Check here UnitedStates Income Tax Treaties A to ZDoes your income from Amazon relate to a business activity and does itspecifically not include Dividends Interest Royalties Licensing Fees Feesin return for use of a technology rental of property or offshore oilexplorationIs all the work carried out to earn this income done outside the US do youhave no employees assets or offices located in the US that contributed toearning this incomeWere you resident in your home country in the year that you earned this incomeand not resident in the US.Are you registered to pay tax on your business profits in your home countryIf you meet these criteria you will probably be looking to claim that theincome is taxable at zero withholding tax under article 7 of your tax treatyas the income type is business profits arises solely from business activitycarried out in your home country.
What is the Right W-8 Tax Form for a Non US Citizen/Resident Who Wants to Bean Affiliate Marketer?
Unfortunately the answer is probably beyond what could be answered herebecause your two primary choices are W8BEN or W8ECI which each haveeffectively opposite purposes. The issue is services that are all performedfrom outside the US are generally considered not US source income whichqualifies you to use W8 BEN however many affiliate marketing programs wouldbe considered as generating US sourced income due to your relationship withthe affiliate network which would require completing W8 ECI. If the latter isthe case then the network will withhold US income tax from your payments andyou will have to file a US nonresident return to report that income and payUS tax. The good news is based on most of the nonresident clients I have thewithheld tax will more than cover your US tax obligation and you will get arefund of the overwithheld amount.
When will the W-8 BEN form be applicable to Indian corporations for FATCAdeclaration purposes?
A logical sequence to signing of Inter Governmental Agreement under theForeign Assets Tax Compliance Act is applicability if rules pertaining toreporting income to USA and vice versa.Tax deduction for source country as applicable is already in place.Now financial institutions in India are already providing info re accounts andbalances to USA Tax Authorities since 2021 .So in a year or two providing Forms to Investors as also US Tax Authoritiesseems to be a sure possibility.best wosjesRAJESH H DHRUVA
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