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FAQ

Do I need to fill out Form W-9 (US non-resident alien with an LLC in the US)?
A single-member LLC is by default a disregarded entity. Assuming you have not made a “check-the-box” election to have it treated as a corporation, this means for tax purposes, you are a sole proprietor.As a non-resident alien, you would not complete form W-9. You would likely prform W-8ECI; possibly W-8BEN.
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.
While on F1, should one prW8BEN or W8ECI or W9 to a stock broker?
On an F-1, being in the country, under 5 years, you ordinarily would not be a resident of the United States (just remember to file IRS form 8843). so you should file form Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding. This will cover payments of interest, dividends, and capital gains on marketable securities.Form W-9, Request for Taxpayer Identification Number (TIN) and Certification is for US citizens and residents. Since you are on an F-1 visa, you are neither.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 is for people who are earning “effectively connected income” (typically self-employment) income. Your broker probably isn’t paying you this.RSUs are beyond the scope of this question.Also, if you’re working as an employee, please ensure you have the legal right to so. This is not a tax question.
Can a foreign owner of an LLC in the US sign an IRS W-9 form if the LLC does not have any employees and all the sales are automated?
First of all, understand the purpose of Form W-9.A payer requests the tax ID number of a payee who is a US person or entity by asking the payee to prForm W-9. The payer requests it because the payer needs the tax ID number to satisfy an IRS filing obligation; if the payer does not receive one, the payer may be obligated to withhold a certain percentage of a payment to the payee for tax purposes. So in this context, all that matters is who the beneficial owner of the payment is; it does not matter whether that person has employees or how that person receives the income, it only matter that the person receives the income.For a payment to a single-owner LLC, and assuming that the LLC has not elected to be treated as a corporation, the beneficial owner of the payment is the individual owner of that LLC, and not the LLC itself. If the single owner is a foreign person, then that person does not prForm W-9 (which is only for US “persons”), but rather one of the variants of Form W-8 (which could be either Form W-8BEN or Form W-8ECI).For a payment to a multiple-owner LLC, or to an LLC that has elected corporate treatment, the beneficial owner of the payment is the LLC. If it's US-created, the W-9 would include the business’s EIN and would typically be signed by the managing partner of the LLC.
Should a non-US resident, owning US LLC, fill W-9?
See http://www.irs.gov/pub/irs-pdf/f...The question that I have is how you treat your LLC for Federal tax purposes. If you are the sole owner and are not treating the LLC as a corporation, then the LLC is a disregarded entity and you should file the appropriate W-8, not the W-9. If you are treating the LLC as a corporation then you file the W-9 on behalf of the corporation.
Can I claim Closer Connection Exception (Form 8840) when filing US tax if I am starting a job in the US and meet the substantial presence test, but have spent less than 183 days in the US this year?
The answer is YES! Being spent less than 183 days (in 2021. in USA...although you meet the substantial presence test still qualifies you for Closer Connection Exception. BUT in order to claim this exception, you will have to prove that your TAX HOME was another country (Singapore in your case) in 2021. So in order to do so....you can consider the following factors:The country of residence you designate on forms and documentsThe types of official forms and documents you file, such as Form W-9, Request for Taxpayer Identification Number and Certification, W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding, or 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.The location of: Your permanent home,Your family,Your personal belongings, such as cars, furniture, clothing, and jewelry,Your current social, political, cultural, or religious affiliations,Your business activities (other than those that constitute your tax home),The jurisdiction in which you hold a driver's license,The jurisdiction in which you vote, andCharitable organizations to which you contribute.But remember that if at any time during 2021 IRS finds that you actively pursued or tried to pursue for a U.S. green card...then they would simply disallow your claim.How would you know that whether it is approved or disapproved.....is a matter of timing. If IRS doesn't ask you additional questions (IRS audit) after filing your tax return....you might assume that your claim has been accepted. i hope it helps.Best of luck with your future!
What is the purpose of a W9 form and how do you get one as a non-resident/non-citizen of the US?
I'm not sure why you'd need one as that's kind of personal, it's a form that the IRS uses to retrieve ITINs.You can get them from the IRS directly at https://www.irs.gov/forms-pubs/a...If you need an ITIN established, you need to submit a form W-7 instead, W-9s are for people who already have them and need to recover it because they forgot what it is.I'm assuming you're a Chinese, Taiwanese, or Canadian national based on your name and I'll tell you straight up that the IRS are incompetent and they're malicious about it, they can screw up six ways to Sunday and they'll toss you in prison or levy fines in the hundreds of thousands of dollars over their own mistakes. So in short, if you can avoid the US taxation system at all, do it. It makes no sense and we do things like tax people who aren't resident in the US nor working for a US corporation, simply because they hold a citizenship. The only other country that does that is Eritrea.
Objectively speaking, how can the IRS collect taxes from U.S. citizens with income or bank accounts outside of the U.S. associated with their alternative citizenships?
Note that the USA requires compliance to the US tax code and other laws when the US citizen does not live in the USA, this is unique and a big problem.Bottom line first - The US government has virtually zero power to force the residents of other nations to file and pay taxes to the USA, and virtually zero power to enforce penalties or assessed taxes on the residents of other nations.A handful of nations have mutual collection arrangements with the US, but there are none that will collect if the person was a resident citizen of their own nation at the time the US assessed taxes and penalties. NO nation will collect for the IRS in those circumstances.Most US persons living in other nations can tell the IRS to go pound sand, and should, particularly if they are the citizens of those other nations. There is far more danger in compliance than disobedience, because there is nothing fair or reasonable in the way the US treats citizens with foreign financial lives.How does the US find these accounts?There is a truly vile law the US shoved down the throat of the world using threats and lies called the Foreign Account Tax Compliance Act, FATCA. This law requires financial institutions all over the globe to sniff out any sign of US-ness in their client bases and report those accounts to the IRS.So, this bulk data collection and infringement of privacy has resulted in the IRS sitting on millions of reports of US person held bank accounts all over the world, literally millions of them. Now, the IRS has no way of knowing if these people should even be filing, often no way of knowing if they really are US citizens, most will owe no tax anyway due to offsets for local taxes paid and no way to make them file or pay. On top of that the IRS have already said they simply cannot process this, they don’t have the systems, the money or the manpower.What the hell is the point!?Oh yea, some of those account holders will live in the US but say, here’s an idea….How about targeting them? As it stands they are just lost in the noise of millions of reports the IRS can’t process.Oh yea, and when FATCA was proposed you can be sure as hell that the big dirty money held by US residents in foreign banks vanished faster than the morning mist in August.So, the US government forced the entire world to spend hundreds of billions of dollars by bullying and lies to get to money that wasn’t there, in the process forces other nations to make life yet more miserable for US citizens abroad by adding local discrimination to US persecution, has managed to get millions of reports the IRS cannot use while the real resident tax evaders hide in the noise, and has managed to raise a fraction of what FATCA has actually cost and what has been raised is illegitimate theft from other nations by any other world standard and in the meantime there’s waiting lists to renounce US citizenship all over the world.Oh yea, and no way to make any of the “Americans” that they have discovered in other nations actually comply, the only money raised is from victims scared in to compliance. Oh, yea, that bullying thing again.Way to go USA, how to win friends and influence people.
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.
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