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FAQ

Does a non-US company need to collect W9/W8 forms?
Any company doing business within U.S. territory needs to follow U.S. tax andemployment laws for that location. Payroll tax withholdings workers’compensation coverage unemployment coverage etc. all apply to U.S.employees no matter who owns the company.
A US customer asks for a W8 form to accept an invoice from us (based in theEU). Is that needed?
You’re not required to provide the Form W8. But if you don’t the USbasedbusiness may withhold 30 of whatever is due to you and send it instead to theIRS as withholding tax because that’s what US law requires on certainpayments to nonUS “persons” and all US taxpayers are required to comply withthat particular law. You can get the withheld funds back by filing a Form1040NR with the Internal Revenue Service. Or you can provide the US taxpayerwith an appropriate Form W8 giving them the documentation they need to“reasonably conclude” that the payments being sent to you are exempt from IRSwithholding tax.You can try to convince the customer in some other way that the payments toyou are not subject to withholding tax which is probably the case. Butsending them Form W8 is the “recommended” way of “convincing” them.Or you can elect not to do business with this customer.It’s your choice. Personally I’d probably fill out the W8 all a Form W8 isis a certification that you’re who you say you are and that you’re anindividual business or other entity not subject to US taxes which youpresumably are so you’re not going out on a limb here by saying so.
Does a NON-US company need to collect W9/W8 forms if they pay affiliatesworldwide form the money they receive from companies within the US?
It depends on your particular situation. The W89 forms are obtained from USW9 and nonresident recipients various W8 forms of U.S. source incomesubject to reporting andor withholding.The company or individual who is required to obtain the forms is referred toas a “withholding agent.” Withholding agents are all US persons foreignpersons with a trade or business in the USA and all other foreign persons whohave willfully entered into an agreement with the IRS to be treated aswithholding agents.A UK based company with nonUS owners will be a U.S. withholding agent onlyif 1. You are considered engaged in a U.S. trade or business. If you are engaged in a U.S. trade or business you are a withholding agent even if you have no permanent establishment in the USA. 2. You have entered into an agreement with the IRS to become a withholding agentIn all other situations you are not a withholding agent and you are notrequired to obtain W89 forms.
Some large USA institutions want me to fill a W8 Form. I am a Canadian. Whattax implications does this have for me? Would it affect me in the future? Whathappens after I fill it out?
That is dependent upon if you are working as an employee for thatcompanyies. It’s similar to a W4 form which most American’s are morefamiliar with but designed for nonUS Citizens who are working in the US or anation that has a tax treaty with the US.This is a more indepth link from the IRS. Who needs to fill out IRS tax formW8
Do I need US EIN taxpayer ID to properly fill out a W8-BEN form?
Since I have asked this question I believe that I should share the knowledgeI have managed to collect in its regard. So it appears that you should file a SS4 form to apply for the EmployerIdentification Number EIN. To this successfully you will need to have acontract signed with customer in the USA. You will have to show given contractto the US IRA. The downside of this method is that 1. It requires for you to sign contract with US party prior to the acquiring the EIN 2. You will have to mail originals of your PassportNatinal ID and contract to the IRA. Instead of going that way I have decided to register my own Disregardedentitytype LLC. If you are also considering going that way please note that the most popularstate for registering such companies namely Delaware is not necessary bestfor your particular case. AFAICK taxwise there are two top states 1. Delaware DE Sales Tax 0 Income Tax 6.95 2. Nevada NV Sales tax 7.93 Income Tax 0 You will need to find registered agent to register your LLC properly.
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 …
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