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FAQ

Do I need to obtain a W-9 from an international (non-US) based company if I am making over $600 in payments to them over the course of a year?
No you do not….and they will probably laugh at you like they laughed at me because W-9s and such documentation reflect U.S. employment and tax laws, and the foreign company you are working for is unlikely to feel compelled to be bound to U.S. laws and its documentation requirements. As it is relevant to this discussion I will mention that I have had foreign earned income for 20 of the past 24 years, none of which was documented with a W-9, or anything else U.S. tax-like from the foreign employer for that matter.You may have to declare you made the income depending on your citizenship and U.S. Residence status. However here is the complication: A tax preparer who cannot verify your sources of income may not accept your personal declaration of income. In essence, you might have to prove you made this money through honest foreign employment. Why would someone “fake” that they made foreign money? Lots and lots of reasons, but that’s not your question (smile). If you cannot prove you made the money lawfully, and you cannot convince your tax accountant of this, you might not be able to get your income included in your tax return.What’s the problem? Try making $250,000 a year, take all of the IRS foreign income credit exclusions ( $175,000 worth) and then have a U.S. bank say you can’t qualify for a U.S. mortgage because your tax returns do not show sufficient income. Gasp?FYI - after 7 years of being an expat with significant foreign earned income and no U.S. accountant willing to do my returns for a reasonable price (under $3K), I decided to learn all the regulations myself. Its been enormously helpful since I did (where helpful means, paying federal taxes in the single digits because of the massive number of allowances) and the options for structuring one’s foreign compensation such that many of the added costs are treated as tax-free.Good luck.Peter, a 20+ years, 59 country former expat.
What is the IRS form to show a pass through a transaction?
Explanation by OP:someone who did me a favor by handling a real estate matter and took the check in her name “as nominee” was inveigled - Interesting term - by the idiot -really? settlement people into signing a “W9” form with her own personal information, and now they are planning to issue a “1099” for the entire sale price, to her name. - As required under the laws of the USA and the Internal Revenue code. I need to find a form which “passes the buck” onto the real seller. And where do they get off deciding that any of it belongs on a 1099?? - No such form exists. These people have no idea what if or how much was paid earlier, they cannot and will not calculate a 'basis cost' (it's a wash anyway) - That is not their job that is the sellors duty‡ I'm sure there must be a way to inform the IRS that any 1099 is only 'pass through' by an agent.There is. First get over your umbrage (since you made me look up the inveigled word). Realize that everything that they did is not only legal but required.Second the nominee will report the transaction on their return as just that a nominee transaction.Then the “real seller” will properly report the transaction on their return.This has resulted by you taking an unusual method of executing the transaction. There is nothing illegal about what you have done but rather you have simply over complicated the transaction for all involved.
What is the 'Foreign Tax Identification Number' on IRS Form W8-BEN?
In many countries, the government issues a Tax ID number to its citizens. In Canada, the SSI number is used. Many places in Europe use the VAT number. Any number issued by the person’s central government can be used on the W-8BEN (or W-8BEN-E for companies). There are some treaty agreements that require a person to have a U.S. issued tax ID number (either SSN or ITIN), but there are others, for interest, dividends, capital gains and such that will allow the use of a foreign tax ID instead.
Which W-8 form should I fill out as an LLC company?
How do they know to request a W-8 instead of a W-9? Are you Foreign?Assuming you need to submit a W-8 instead of a W-9, here are the questions to guide your W-8 decision.Do you have other members in your LLC? If you are the only member, a Single Member LLC is a Disregarded Entity taxed on your personal tax return. So you would submit the W-8BEN.If you have other members, are you subject to the default status or have you elected corporate status?If you are subject to the default status, your LLC is taxed as a partnership so submit the W-8IMYIf you elected Corporate status, submit the W-8BEN-E.https://www.irs.gov/pub/irs-pdf/...Other great answers here. Especially good advice from Carl and Mark, get to a CPA.
Can anyone explain the W-8BEN form to me? I have money that I should receive from the US for my work, and they asked for me to fill the W-8BEN. Do I really need to pay 30% in taxes?
If you are completing a W8BEN for work you did outside the US, the presumption would normally be that your income is NOT subject to withholding of US tax, which makes sense if you are a non-US individual working from outside the US.As for completing the form:Part ILines 1–4 should be pretty self explanatory-you put your name, country of citizenship and addressLine 5 is for US taxpayer ID if you have one-you may not, but note there are some situations where you need to obtain oneLine 6 is for your foreign tax ID-you probably have one depending on your countryLine 7 is only needed if whoever is withholding tax needs to identify you and you do not have a US tax ID.Line 8 self explanatoryPart IILine 9-what country do you reside in-self explanatoryLine 10-If you are subject to withholding but qualify for special rates under a tax treaty between your home country and the US, you enter that information. This may require a conversation with a US tax professional or reading the relevant tax treaty at: United States Income Tax Treaties A to ZPart IIIShould be self explanatory you just sign and date the form.You can also read the instructions at: About Form W-8 BEN
What is the purpose of a W8/W9 tax form?
Use Form W-9 to pryour correct TIN to the person who is required to file an information return with the IRS to report, for example,income paid to youreal estate transactionsmortgage interest you paidacquisition or abandonment of secured propertycancellation of debtcontributions you made to an IRAThere are a family of Form W8-Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals).Form W-BEN-E, Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities).Form W-8ECI, Certificate of Foreign Person's Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States.Form W-8EXP, Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting.Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting.
Does an LLC have to withhold taxes when sending foreign-sourced revenues to a foreign member?
Sure, I can address your questions. First, a legal LLC in the US with more than one member has a default tax status of tax partnership for tax purposes as noted in Treasury Regulation Section 301.7701-3(b)(1)(i). A partnership does not represent a tax paying entity but passes ratable share of its income and expense items to it LLC members as tax partners. I am assuming the LLC has multiple members according to the Quora Questions Details Bot. And, I am assuming we are dealing with foreign individual members here.In this fact situation, you do not spend substantial time in the US. Thus, you are considered non resident tax persons (“NRTP”) for US tax purposes under Section 7701(b). A NRTP has responsibility for paying tax on effectively connected income from a United States Trade or Business (“USTB”) as covered in Section 871(b). You pay tax on net profits (revenues less expenses) at graduated rates (Section 1). And, Section 875(1) explains the foreign nationals have effectively connected income from a USTB if the tax partnership does (legal LLC. here).Then, we look at the so called source of your LLC income. As you have explained, you prtechnology services from a non US location. Service income represents foreign source income when physically performed outside the US (Section 862(a)(3)).The Internal Revenue Code and Treasury Regulations do not define a USTB. However, the courts have looked at this issue extensively over time and factors such as a US Legal Entity and continued and regular clients relationships in the US means you likely have a USTB in the US. However, you do not have effectively connect income. As Treasury does not consider foreign source service income as effectively connected income under Section 864(c)(4)(A). Thus, you do pay tax on this foreign source income in the US.However, you do have reporting requirements. As you are stilled required to file 1040 NR returns with specific tax filing requirements under Treasury Regulation Section 1.6012-1(b)(1)(i). Even though you $0 income. As this regulation clearly states a NRTP files even if the USTB has no effectively connected income.And, you have annual LLC reporting requirements under Section 6038A. This requirement is new for the 2021 reporting year and carries a $10,000 fine for non compliance. You also require Individual Tax Identification Numbers (“ITIN”) which we would obtain at the time of filing your returns. Obtaining the ITINs require filing certain documents including reporting on identity.The LLC (tax partnership) does not withhold tax when it send the funds to the foreign partners. As Section 1446(a)(1) only requires withholding if the tax partnership has effectively connected income.I have provided this tax analysis based on the above situation facts. If the facts change in any way, the outcome may change considerably. www.rst.tax
Can you send a W-8BEN form with a digital signature?
Form W-8 provided or signed electronically.You may rely on a valid Form W-8 received by facsimile or scanned and furnished to you by email unless you know that the person transmitting the Form W-8 is not authorized to do so.You may also rely on an otherwise valid Form W-8 received electronically from a third-party repository if the form was uploaded or provided to the third-party repository and there are processes in place to ensure that the withholding certificate can be reliably associated with a specific request from you and a specific authorization from the person providing the form (or an agent of the person providing the form) for you to receive the withholding certificate. You may also rely on a withholding statement received from a third-party repository if the intermediary provides a Form W-8IMY and withholding statement through the repository, provides an updated withholding statement to you in the event of any change in the information previously provided, and ensures there are processes in place to update you when there is a new withholding statement (and Forms W-8, as necessary) in the event of any change that would affect the validity of the prior forms or withholding statement. For purposes of this paragraph, a third party repository is an entity that maintains withholding certificates but is not an agent of the applicable withholding agent or the person providing the certificate. See Regulations section 1.1441-1(e)(4)(iv)(E) for the complete requirements for relying on a withholding certificate from a third-party repository.If you are a withholding agent that maintains a system for furnishing Forms W-8 electronically, you must satisfy the requirements of Regulations section 1.1441-1(e)(4)(iv)(B). You may otherwise accept a Form W-8 with an electronic signature if the Form W-8 reasonably demonstrates that the form has been electronically signed by a person authorized to do so (for example, with a time and date stamp and statement that the form has been electronically signed). You may not treat a Form W-8 with a typed name in the signature line as validly signed without further information supporting that the signature is an electronic signature.
I have a bank account in the US, but I'm not a citizen nor a resident of the US. What form should I submit when receiving money from ads in mobile apps?
I’ll assume you are asking about the form you will need to prto a U.S. payer of advertising income and/or to a bank. If so, U.S. payers and banks generally ask for a tax withholding certificate in order to apply the correct amount of tax on your income.If you are a non-resident person, the type of form depends on the type of income being paid and the type of person receiving the income. The forms are W-8BEN (W-8BEN-E), W-8ECI, W-8EXP and W-8IMY. Each form serves a different purpose as explained in our FAQ section. You will need to select the correct form based on your circumstances.