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FAQ

Do I need to pra W-9 form to customers asking for it?
A W-9 is for US persons only (companies and individuals). A W-8BEN-E is for foreign companies.It depends on whether you are selling software that is regarded as a product, rather than a license for which you are receiving a royalty.Legally, the software is almost certainly provided under license, and is a royalty. But for tax purposes, if you don't have the right to replicate or resell, it's essentially a product. Think of buying a copy of Windows. That's a product.If that's all you do, there's no need for a W-8BEN-E.So much for the technical mumbo-jumbo. It doesn't really matter. The W-9 request is sent to you by a company's accounts payable department. If you call them and say "I don't have to send you a W-9", they will likely tell you they will have to withhold 30% of your fee on account of tax. To get it back, you'd have to file a US return.The AP clerk would be wrong. So you escalate, right? Go to the AP supervisor, who either doesn't know the answer, or is afraid to risk his job. So he punts to the  VP tax, who calls his external accounting firm. Eventually, the right answer is provided, and it makes its way down the chain, right?  And then your customer puts in place a whole new protocol to figure out just when a W9 or W-8BEN-E is required.Wrong. Nobody wants to play this game. In reality, your customer says, "get a US Employer Identification Number, and fill out a W-8BEN. Otherwise we won't buy from you."And you find a firm like ours, which will charge you C$600 to get the EIN, and another $600 to fill out the W-8BEN-E, and you're done. That's how you make a customer happy (or at least avoid pissing them off).
How do you appeal if you were erroneously reported as a US person and as a result became flagged by FATCA as a US person?
As long as you've been flagged by a Foreign Financial Institution and this organization approaches you with questions or a W-8/W-8-BEN/W-8-BEN-E/W-9 form to fill out, you can previdence of the correct situation regarding U.S. income taxation.
Which W-8 form should I fill out as an LLC company?
How do they know to request a W-8 instead of a W-9? Are you Foreign?Assuming you need to submit a W-8 instead of a W-9, here are the questions to guide your W-8 decision.Do you have other members in your LLC? If you are the only member, a Single Member LLC is a Disregarded Entity taxed on your personal tax return. So you would submit the W-8BEN.If you have other members, are you subject to the default status or have you elected corporate status?If you are subject to the default status, your LLC is taxed as a partnership so submit the W-8IMYIf you elected Corporate status, submit the W-8BEN-E.https://www.irs.gov/pub/irs-pdf/...Other great answers here. Especially good advice from Carl and Mark, get to a CPA.
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.
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 /4425520 W 9 Form For Foreigners Form W 8eci /4425520 W 9 Form For Foreigners 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.
I received my late husband's W-9 form to fill out for what I believe were our stocks. How am I supposed to fill this out or am I even supposed to?
You do not sound as a person who handles intricasies of finances on daily basis, this is why you should redirect the qustion to your family’s tax professional who does hte filings for you.The form itself, W-9 form, is a form created and approved by the IRS, if that’s your only inquiry.Whether the form applies to you or to your husband’s estate - that’s something only a person familiar with the situation would tell you about, there is no generic answer to this.
Why does my property management ask me to fill out a W-9 form?
To collect data on you in case they want to sue you and enforce a judgment.If the management co is required to pay inerest on security deposits then they need to account to ou for that interest income.If you are in a coop or condo they may apportion tax benefits or capital costs to you for tax purposes.
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.
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