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FAQ

How is a single-member LLC owned by a nonresident alien taxed? Should I fill out a W-8 or am I deemed not to have U.S. activities?
Based on the facts as you have presented them:You are selling a product, as I see it, and not a service - although there's something of a gray area here, this is more like an intangible asset than it is providing a personal service for compensation. That product is being offered to US-based customers who are using it in the US - your focus is building up your market in the US, and you are doing that under the auspices of an LLC which is US-based. Looking at all of the facts and circumstances surrounding the conduct of your business, as you have presented them and as the IRS will look at them if asked, I conclude that you are conducting a business in the US and your income from US sources is effectively connected with the conduct of that business in the US, which means that you are subject to US taxes on that income.With that conclusion, Form W-8ECI is the proper form to prto your US sources if you wish to prevent withholding on the income from your business.I want to add one point, since this seems to be coming up frequently - while an LLC is a disregarded entity for tax purposes, it is still a legal entity in the US - and the fact that you, as a nonresident alien, choose to operate a business under the auspices of a US-based LLC is a piece of evidence that can, under the appropriate set of facts and circumstances, be used by the IRS to support an argument that you are conducting business in the US and that your income from that business that comes from US sources should be taxable in the U.S. You should not assume that as a nonresident alien you have carte blanche to create a US LLC, operate a business under its auspices, and then at tax time argue that the income should not be taxable in the US because the LLC is a disregarded entity. The IRS will look at all of the facts and circumstances surrounding your business, including your choice of a US-based entity as the face of your business, and while that decision alone won't be dispositive, it will certainly be considered.
I am a F-1 international student on OPT. I recently sublet my rental apartment for 2 days on AirBnB. IRS website says that you do not have to report rental income upto 14 days. So does that even apply for international students?
Update: Any international students considering renting their apartment or home via Airbnb or any similar site will want to speak to an immigration attorney first. In the meantime, I highly suggest you visit these two links: Is it legal for a F1-visa student to rent his/her apartment through sites such as Airbnb? Is it considered passive income?User-13575218621724130352's answer to Can a Canadian TN visa holder host on AirBnB?---The short answer is no, you do not need to report that income because you are currently under the 14 day limit, and I believe that rule applies to you just like any other person with a Social Security Number. However, if later this year you happen to rent the apartment again for a total of 13 days or more, you will need to report that income.To do that, you must fill out form W-8ECI, submit it to Airbnb, and then Airbnb will complete and send you form 1042-S. You will then need to submit that form, 1042-S, to the IRS (see instructions here).This is because the IRS page on Tax Liability of Foreign Students says that tax exemptions do not apply "to employment not allowed by USCIS or to employment not closely connected to the purpose for which the visa was issued." I would say that being an Airbnb host fits into that category.For more details on filing taxes as an Airbnb host, visit their page How do taxes work for hosts? Please keep in mind that I am not a legal or financial professional, and my answer to your question does not constitute solicitation or provision of legal advice. If you have further questions, I suggest you contact your school's DSO and a local tax/legal professional.I wish you all the best!
When do I have to learn how to fill out a W-2 form?
Form W-2 is an obligatory form to be completed by every employer. Form W-2 doesn’t have to be filled out by the employee. It is given to inform the employee about the amount of his annual income and taxes withheld from it.You can find a lot of information here: http://bit.ly/2NjjlJi
How do I fill out a W-4 form?
The main thing you need to put on your W-4 besides your name, address and social security number is whether you are married or single and the number of exemptions you wish to take to lower the amount of money with held for taxes from your paycheck. The number of exemptions refers to how many people you support, i. e. children. Say you are single and have 3 children, you can put down 4 exemptions, 1 for your self and 1 for each child. This means you will have more pay to take home because you aren’t having it with held from your paycheck. If you are single and have no children, you can either take 1 or 0 exemptions. If you make decent money, take 0 deductions, if you are barely making it you could probably take 1 exemption. Just realize that if you take exemptions, and not enough money is taken out of your check to pay your taxes, you will be liable for it come April 15th.If you are married and have no children and you make decent money, take 0 deductions. If you have children, only one spouse should take them as exemptions and it should be the one who makes the most money. For example, say your spouse is the major bread winner and you have 2 children, your spouse could take 4 exemptions (one for each member of the family) and then you would take 0 exemptions.Usually, it’s best to err on the side of caution and take the smaller amount of deductions so that you won’t owe a lot of money come tax time. If you’ve had too much with held it will come back to you as a refund.
How do I fill a W-9 Tax Form out?
Download a blank Form W-9To get started, download the latest Form W-9 from the IRS website at https://www.irs.gov/pub/irs-pdf/.... Check the date in the top left corner of the form as it is updated occasionally by the IRS. The current revision should read (Rev. December 2014). Click anywhere on the form and a menu appears at the top that will allow you to either print or save the document. If the browser you are using doesn’t allow you to type directly into the W-9 then save the form to your desktop and reopen using Form W 8eci /4404349 Form W 8eci Form W 8eci /4404349 Form W 8eci Reader.General purposeThe general purpose of Form W-9 is to pryour correct taxpayer identification number (TIN) to an individual or entity (typically a company) that is required to submit an “information return” to the IRS to report an amount paid to you, or other reportable amount.U.S. personForm W-9 should only be completed by what the IRS calls a “U.S. person”. Some examples of U.S. persons include an individual who is a U.S. citizen or a U.S. resident alien. Partnerships, corporations, companies, or associations created or organized in the United States or under the laws of the United States are also U.S. persons.If you are not a U.S. person you should not use this form. You will likely need to prForm W-8.Enter your informationLine 1 ‡ Name: This line should match the name on your income tax return.Line 2 ‡ Business name: This line is optional and would include your business name, trade name, DBA name, or disregarded entity name if you have any of these. You only need to complete this line if your name here is different from the name on line 1. See our related blog, What is a disregarded entity?Line 3 ‡ Federal tax classification: Check ONE box for your U.S. federal tax classification. This should be the tax classification of the person or entity name that is entered on line 1. See our related blog, What is the difference between an individual and a sole proprietor?Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the “Limited liability company” box and enter “P” in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the “Limited liability company” box and in the space provided enter “C” for C corporation or “S” for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the “Limited liability company” box, instead check the first box in line 3 “Individual/sole proprietor or single-member LLC.” See our related blog, What tax classification should an LLC select?Other (see instructions) ‡ This line should be used for classifications that are not listed such as nonprofits, governmental entities, etc.Line 4 ‡ Exemptions: If you are exempt from backup withholding enter your exempt payee code in the first space. If you are exempt from FATCA reporting enter your exemption from FATCA reporting code in the second space. Generally, individuals (including sole proprietors) are not exempt from backup withholding. See the “Specific Instructions” for line 4 shown with Form W-9 for more detailed information on exemptions.Line 5 ‡ Address: Enter your address (number, street, and apartment or suite number). This is where the requester of the Form W-9 will mail your information returns.Line 6 ‡ City, state and ZIP: Enter your city, state and ZIP code.Line 7 ‡ Account numbers: This is an optional field to list your account number(s) with the company requesting your W-9 such as a bank, brokerage or vendor. We recommend that you do not list any account numbers as you may have to pradditional W-9 forms for accounts you do not include.Requester’s name and address: This is an optional section you can use to record the requester’s name and address you sent your W-9 to.Part I ‡ Taxpayer Identification Number (TIN): Enter in your taxpayer identification number here. This is typically a social security number for an individual or sole proprietor and an employer identification number for a company. See our blog, What is a TIN number?Part II ‡ Certification: Sign and date your form.For additional information visit w9manager.com.
Why did my employer give me a W-9 Form to fill out instead of a W-4 Form?
I wrote about the independent-contractor-vs-employee issue last year, see http://nctaxpro.wordpress.com/20...Broadly speaking, you are an employee when someone else - AKA the employer - has control over when and where you work and the processes by which you perform the work that you do for that individual. A DJ or bartender under some circumstances, I suppose, might qualify as an independent contractor at a restaurant, but the waitstaff, bus help, hosts, kitchen aides, etc. almost certainly would not.There's always risk in confronting an employer when faced with a situation like yours - my experience is that most employers know full well that they are violating the law when they treat employees as independent contractors, and for that reason they don't tolerate questions about that policy very well - so you definitely should tread cautiously if you want to keep this position. Nonetheless, I think you owe it to yourself to ask whether or not the restaurant intends to withhold federal taxes from your checks - if for no other reason than you don't want to get caught short when it comes to filing your own return, even if you don't intend to challenge the policy.
Do military members have to pay any fee for leave or fiancee forms?
NOOOOOOO. You are talking to a military romance scammer. I received an email from the US Army that directly answers your question that is pasted below please keep reading.I believe you are the victim of a military Romance Scam whereas the person you are talking to is a foreign national posing as an American Soldier claiming to be stationed overseas on a peacekeeping mission. That's the key to the scam they always claim to be on a peacekeeping mission.Part of their scam is saying that they have no access to their money that their mission is highly dangerous.If your boyfriend girlfriend/future husband/wife is asking you to do the following or has exhibited this behavior, it is a most likely a scam:Moves to private messaging site immediately after meeting you on Facebook or SnapChat or Instagram or some dating or social media site. Often times they delete the site you met them on right after they asked you to move to a more private messaging siteProfesses love to you very quickly & seems to quote poems and song lyrics along with using their own sort of broken language, as they profess their love and devotion quickly. They also showed concern for your health and love for your family.Promises marriage as soon as he/she gets to state for leave that they asked you to pay for.They Requests money (wire transfers) and Amazon, iTune ,Verizon, etc gift cards, for medicine, religious practices, and leaves to come home, internet access, complete job assignments, help sick friend, get him out of trouble, or anything that sounds fishy.The military does prall the soldier needs including food medical Care and transportation for leave. Trust me, I lived it, you are probably being scammed. I am just trying to show you examples that you are most likely being connned.Below is an email response I received after I sent an inquiry to the US government when I discovered I was scammed. I received this wonderful response back with lots of useful links on how to find and report your scammer. And how to learn more about Romance Scams.Right now you can also copy the picture he gave you and do a google image search and you will hopefully see the pictures of the real person he is impersonating. this doesn't always work and take some digging. if you find the real person you can direct message them and alert them that their image is being used for scamming.Good Luck to you and I'm sorry this may be happening to you. please continue reading the government response I received below it's very informative.   You have contacted an email that is monitored by the U.S. Army Criminal Investigation Command. Unfortunately, this is a common concern. We assure you there is never any reason to send money to anyone claiming to be a Soldier online. If you have only spoken with this person online, it is likely they are not a U.S. Soldier at all. If this is a suspected imposter social media profile, we urge you to report it to that platform as soon as possible. Please continue reading for more resources and answers to other frequently asked questions:  How to report an imposter Facebook profile: Caution-https://www.facebook.com/help/16... Caution-https://www.facebook.com/help/16...   Answers to frequently asked questions:  - Soldiers and their loved ones are not charged money so that the Soldier can go on leave.  - Soldiers are not charged money for secure communications or leave.  - Soldiers do not need permission to get married.  - Soldiers emails are in this format: john.doe.mil@mail.mil Caution-mailto: john.doe.mil@mail.mil anything ending in .us or .com is not an official email account.  - Soldiers have medical insurance, which pays for their medical costs when treated at civilian health care facilities worldwide ‡ family and friends do not need to pay their medical expenses.  - Military aircraft are not used to transport Privately Owned Vehicles.  - Army financial offices are not used to help Soldiers buy or sell items of any kind.  - Soldiers deployed to Combat Zones do not need to solicit money from the public to feed or house themselves or their troops.  - Deployed Soldiers do not find large unclaimed sums of money and need your help to get that money out of the country.  Anyone who tells you one of the above-listed conditions/circumstances is true is likely posing as a Soldier and trying to steal money from you.  We would urge you to immediately cease all contact with this individual.  For more information on avoiding online scams and to report this crime, please see the following sites and articles:   This article may help clarify some of the tricks social media scammers try to use to take advantage of people: Caution-https://www.army.mil/article/61432/ Caution-https://www.army.mil/article/61432/   CID advises vigilance against 'romance scams,' scammers impersonating Soldiers  Caution-https://www.army.mil/article/180749 Caution-https://www.army.mil/article/180749   FBI Internet Crime Complaint Center: Caution-http://www.ic3.gov/default.aspx Caution-http://www.ic3.gov/default.aspx   U.S. Army investigators warn public against romance scams: Caution-https://www.army.mil/article/130... Caution-https://www.army.mil/article/130...   DOD warns troops, families to be cybercrime smart -Caution-http://www.army.mil/article/1450... Caution-http://www.army.mil/article/1450...   Use caution with social networking  Caution-https://www.army.mil/article/146... Caution-https://www.army.mil/article/146...    Please see our frequently asked questions section under scams and legal issues. Caution-http://www.army.mil/faq/ Caution-http://www.army.mil/faq/ or visit Caution-http://www.cid.army.mil/ Caution-http://www.cid.army.mil/ .  The challenge with most scams is determining if an individual is a legitimate member of the US Army. Based on the Privacy Act of 1974, we cannot prthis information. If concerned about a scam you may contact the Better Business Bureau (if it involves a solicitation for money), or local law enforcement. If you're involved in a Facebook or dating site scam, you are free to contact us direct, (571) 305-4056.   If you have a social security number, you can find information about Soldiers online at Caution-https://www.dmdc.osd.mil/appj/sc... Caution-https://www.dmdc.osd.mil/appj/sc... . While this is a free search, it does not help you locate a retiree, but it can tell you if the Soldier is active duty or not.  If more information is needed such as current duty station or location, you can contact the Commander Soldier's Records Data Center (SRDC) by phone or mail and they will help you locate individuals on active duty only, not retirees. There is a fee of $3.50 for businesses to use this service. The check or money order must be made out to the U.S. Treasury. It is not refundable. The address is:  Commander Soldier's Records Data Center (SRDC) 8899 East 56th Street Indianapolis, IN 46249-5301 Phone: 1-866-771-6357  In addition, it is not possible to remove social networking site profiles without legitimate proof of identity theft or a scam. If you suspect fraud on this site, take a screenshot of any advances for money or impersonations and report the account on the social networking platform immediately.  Please submit all information you have on this incident to Caution-www.ic3.gov Caution-http://www.ic3.gov (FBI website, Internet Criminal Complaint Center), immediately stop contact with the scammer (you are potentially providing them more information which can be used to scam you), and learn how to protect yourself against these scams at Caution-http://www.ftc.gov Caution-http://www.ftc.gov (Federal Trade Commission's website)
How do you fill out a W-2 form?
In general, the W-2 form is divided into two parts each with numerous fields to be completed carefully by an employer. The section on the left contains both the employer's and employee`s names and contact information as well social security number and identification number.You can find a lot of information here: http://bit.ly/2NjjlJi
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