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How do I fill the W8-BEN-E form for engaging as a service provider for a USbased company?
Which specific question do you have an issue with I’ve done it in the pastand can guide you on any specific issue you have …
What W8BEN/W8-BEN-E form should a US-based company request from an India-basedsoftware development company it has contracted development work to?
If the payment is made to a company resident in India the proper form torequest is W8BENE. The form certifies that the entity is the “beneficialowner” of the income and the income is not effectively connected with a or business.The most confusing part is Section 4 which is required under the FATCA. Ifthe Indian entity is not a financial institution and more than 50 of thecompany’s income is active then the entity must tick the Active NFFE box andcertify the information in Section XXV.
Can a Singapore company with only one owner, who is from a DTT country, claimtax treaty on W8-Ben-e?
Assuming the Singapore company is a separate tax entity from the owner suchas a corporation NO. If the company is a sole proprietorship then yes youcould but I question how a sole proprietorship could have tax residency in adifferent country than the owner. That would not work under US tax laws maybeit does under the laws of Singapore and the owner’s home country.
For the new 2021 W8-BEN-E form to be filled out by companies doing business asa seller on the Amazon USA website, do I fill out a U.S. TIN, a GIIN, or aforeign TIN?
You will need to obtain an EIN for the BC corporation however I wouldimagine a W8BEN is not appropriate for you if you are selling through AmazonFBA. The FBA program generally makes Amazon your agent in the US which meansany of your US source income ie anything sold to a US customer is taxable inthe US. W8BEN is asserting that you either have no US sourced income or thatincome is exempt under the USCanadian tax treaty. Based on the limitedknowledge I have of your situation but if you are selling through the FBAprogram I would say you don’t qualify to file a W8BEN but rather should becompleting a W8ECI and your BC corporation should be filing an 1120F toreport your US effectively connected income.