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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.
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 /4407247 W 8eci Form Form W 8eci /4407247 W 8eci Form 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.
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
How should I fill out my w-2 or w-4 form?
To calculate how much you should withhold you need to calculate two things.  Step 1 - Eyour TaxFirst go to Intuit's TaxCaster (Link - TurboTax® TaxCaster, Free Tax Calculator, Free Tax Refund Estimator) and put in your family's information and income (ewhat you'll make in 2021 before taxes and put zero for federal and state taxes withheld, don't worry that the TaxCaster is for 2021. you're just trying to get a general number).  Once you enter in your correct information it will tell you what you would owe to the federal government.Step 2 - Eyour Tax Withholding Based on Allowances ClaimedSecond go to Paycheck City (Link - Salary Paycheck Calculator | Payroll Calculator | Paycheck City) select the correct state, enter in your pay information.  Select married filing jointly then try putting in 3 or 4 for withholdings.  Once you calculate it will tell you how much taxes are being withheld.  Set the pay frequency to annual instead of bi-monthly or bi-weekly since you need a total number for the year.  Try changing the Federal withholding allowance until you have enough Federal taxes withheld to cover the amount calculated in the TaxCaster.  The Federal withholding allowance number that covers all taxes owed should be the number claimed on your W-4.Don't worry too much about your state.  If you claim the same as Federal what will usually happen is you might get a small refund for Federal and owe a small amount for State.  I usually end up getting a Federal refund for ~$100 and owing state for just over $100.  In the end I net owing state $20-40.Remember, the more details you can put into the TaxCaster and Paycheck City the more accurate your tax ewill be. 
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