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Unread 8th February 2010, 02:55 PM   #1
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Default Which Tax Form For Non US Affiliates?

I got accepted into EWA Private Network, and I need to download and submit a tax form, but I'm not sure which. It's one of these, but I'm not exactly sure which:-

Form W-8BEN
Form W-8ECI
Form W-8EXP
Form W-8IMY

Any help much appreciated
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Unread 8th February 2010, 02:57 PM   #2
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Default Re: Which Tax Form For Non US Affiliates?

Ask them, they will be sure to tell you.

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Unread 8th February 2010, 07:50 PM   #3
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Default Re: Which Tax Form For Non US Affiliates?

w-8ben.. here's a link to a site where you can print it off. http://www.irs.gov/pub/irs-pdf/fw8ben.pdf

Hope that helps!

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Unread 8th February 2010, 07:52 PM   #4
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Default Re: Which Tax Form For Non US Affiliates?

There no reason to print an IRS form as that applies only to US residents.

Just ask if you are required to submit any tax info for your country.


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Unread 9th February 2010, 08:22 AM   #5
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Default Re: Which Tax Form For Non US Affiliates?

W8-BEN is what I've always used, however i'm not sure if it's the same for all countries/circumstances

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Unread 9th February 2010, 09:23 AM   #6
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Default Re: Which Tax Form For Non US Affiliates?

What of countries where tax is not paid?What should the applicant do?

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Unread 9th February 2010, 12:00 PM   #7
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Default Re: Which Tax Form For Non US Affiliates?

Contact your AM they can tell you whether or not they need a form from you and if they do, which one they need

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Unread 9th February 2010, 12:05 PM   #8
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Default Re: Which Tax Form For Non US Affiliates?

I know out of country networks don't require a form from americans, however, many american based networks require a w8 from out of state affiliates

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Unread 10th February 2010, 03:08 AM   #9
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Default Re: Which Tax Form For Non US Affiliates?

You don't need to fill out any tax forms.
Here is a qoute from another forum....

Sorry to bring up an old thread, but this is quite important for non-US affiliates who are needlessly filling out IRS tax forms.

The W8BEN form is only required to be filled out for US SOURCED income. Now "US Sourced" doesn't mean where the person writing the check is, it means where the work was done by the PAYEE.

The OECD (of which the USA is a member of) put it's head together many years ago and determined that if you OWN a webserver in a country, then the websites you have on that server are producing income SOURCED in that country. If you merely RENT a webserver in a country, the websites on it are producing FOREIGN SOURCED income.

FOREIGN SOURCED income is NOT subject to tax in the USA and does NOT require form W8BEN to be filled out - W8BEN is for foreigners to claim exemption from withholding tax on US SOURCED INCOME for tax treaty obligations.

The instructions for W8BEN are clear:

"Who must file. You must give Form W-8BEN to the withholding agent or payer if you are a foreign person and you are the beneficial owner of an amount SUBJECT TO WITHHOLDING."

As I said previously, FOREIGN SOURCED INCOME IS NOT SUBJECT TO WITHHOLDING.

All that is required is that the foreign affiliate CERTIFIES they do not have any US-SOURCED income and are not a US Taxpayer, etc.

Google has it SPOT ON, on their Adsense tax information page:

google.com/adsense/taxinfo

(quoting)

********

Non U.S. Business (No U.S. Activities )

United States (U.S.) Activities involve having employees or owning equipment in the U.S. that are involved in any way with revenue earned through the AdSense programme. This includes, but is not limited to, owning a web server or owning a hosting service in the U.S., or having employees in the U.S. who are involved in either:

* setting up a web server, hosting service, or website
* developing content for your website
* marketing to create a user base for your site
* telephone support for your site
* buying products for your site
* maintaining your site

Generally, utilizing an unrelated third-party U.S. web hosting service to host your web pages, renting web servers that are located in the U.S. from an unrelated third party, or having your payment sent to a U.S. Post Office Box or mail forwarding address, do not of themselves constitute U.S. Activities.

If you do not have U.S. Activities, you will be asked to agree to a statement to that effect. No tax forms are required in this instance.

*********

That's it in a nutshell.

Commission Junction, and other merchants are doing a DISSERVICE to their foreign affiliates by requiring them to fill out forms that are not required, and making these people think they need to put themselves in the US tax system.

Foreign affiliates need to stand up and say "hey! enough's enough!".
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Unread 10th February 2010, 03:38 AM   #10
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Default Re: Which Tax Form For Non US Affiliates?

Some of the sites with affiliate programs or direct payment for earnings coming from digital or physical goods including some affiliate networks, require an ITIN for non-US residents. ITIN: Individual Taxpayer Identification Number. This is required for them to make you payments. And you apply for an ITIN via a W-7 form. It takes a bit long to get one. You submit w-7 form to IRS(Internal Revenue Service).

The form is here: http://www.irs.gov/pub/irs-pdf/fw7.pdf
Instructions about the form is here: http://www.irs.gov/pub/irs-pdf/iw7.pdf

W8-BEN form is for tax deduction purposes and it is not required. However, if they ask you and you fill and submit one then the amount of tax deducted from your earnings coming from US will reduce, meaning: you will earn more. This is not applicable for all countries. As you will see in the form, to be able to submit a W-8 form you will need an ITIN. You submit w-8ben form to the site or company you work with. The link for this form is given above.

I am from Turkey and I sell 3d products on a 3d site, made about $80, but since I don't have an ITIN number and didn't submit the w-8ben form, they haven't paid me yet. I will get the number in the near future.

Note that this is not legal advice, just my experience.

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Unread 10th February 2010, 04:11 AM   #11
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Default Re: Which Tax Form For Non US Affiliates?

Quote:
Originally Posted by Liam Hamer View Post
I got accepted into EWA Private Network, and I need to download and submit a tax form, but I'm not sure which. It's one of these, but I'm not exactly sure which:-

Form W-8BEN
Form W-8ECI
Form W-8EXP
Form W-8IMY

Any help much appreciated
Hey mate

I joined EWA too since January, made some 4 figure money with them

I remembered I filled out the Form W-8BEN and everything went well after that. Anyway, I'm an Asian.
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Unread 10th February 2010, 09:51 AM   #12
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Default Re: Which Tax Form For Non US Affiliates?

As many others said, it's the w-8ben

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Unread 25th August 2010, 02:41 PM   #13
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Default Re: Which Tax Form For Non US Affiliates?

Quote:
Generally, utilizing an unrelated third-party U.S. web hosting service to host your web pages, renting web servers that are located in the U.S. from an unrelated third party, or having your payment sent to a U.S. Post Office Box or mail forwarding address, do not of themselves constitute U.S. Activities.

If you do not have U.S. Activities, you will be asked to agree to a statement to that effect. No tax forms are required in this instance.
What "unrelated third-party" means?

I am international content publisher from Israel and i have HostGator hosting account in USA. Is it third-party or what? Do i need to pay taxes or not?
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Unread 25th August 2010, 06:28 PM   #14
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Default Re: Which Tax Form For Non US Affiliates?

Technically, I don't think you have to fill it out. Not all networks ask for it for this reason.

But if they do ask for tax forms, just fill it in. As has been said above, fill out a W8-BEN. Takes 2 minutes. Here's a link to a sample of how to fill it in. This is for an Australian resident but you get the idea....

http://i381.photobucket.com/albums/o...ben-sample.jpg

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Unread 25th August 2010, 06:54 PM   #15
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Default Re: Which Tax Form For Non US Affiliates?

Yep - it's the W-8BEN.

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Unread 26th August 2010, 09:44 AM   #16
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Default Re: Which Tax Form For Non US Affiliates?

Lots of confusion and misinformation in this thread.

Some foreign affiliates must submit a w-8ben but NOT all.

Let me try and help clarify this for you:

Those with NO US activities are not required to. However, you need to understand what US activities means. In a nut shell any affiliate who operates business with a location in the US or who has employees in the US or who owns equipment in the US has US activities.

Those are they who must file W-8ben.

For a good explanation of these requirements check out what Google Adsense has written on the subject:

https://www.google.com/adsense/stati...S/TaxInfo.html

Generally I would suggest you seek professional tax advice from a certified public accountant regarding these type of questions... but in this case even CPAs seem to get confused unless they have specific experience or specialize in this area.

Your best bet will be to consult with a CPA who specializes or has knowledge in this area as you can see from the answers in this thread you get mixed responses some saying one thing and some saying another contradicting each other.

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Unread 13th September 2010, 04:47 AM   #17
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Default Re: Which Tax Form For Non US Affiliates?

Ok, so im really confused about this!

I have been accepted by some CPA networks who have requested I submit a W-8BEN. I am based in the UK. If I submit a W-8BEN am I any worse off?? :confused:
Will it mean I get taxed more or less? And will I get taxed again in the UK??

What is going to be the best route to pay the least tax? Any advice greatly appreciated.
Thanks
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Unread 13th September 2010, 08:27 AM   #18
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Default Re: Which Tax Form For Non US Affiliates?

Form W-8BEN is the form you have to fill up

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Unread 13th September 2010, 12:33 PM   #19
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Default Re: Which Tax Form For Non US Affiliates?

Quote:
Originally Posted by EmpyreRJ View Post
Form W-8BEN is the form you have to fill up
I know I have to fill in the W-8BEN. My question is more about the tax. Will I get taxed twice? Once from the US and then again from the UK?
I dont have a company registered in my name, payments will be in my own name. But im thinking more of end of year tax in the UK.
Does submitting the W8BEN mean I will get taxed 30% on my comissions from the US government?

What is the best route for paying the least tax?
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Unread 28th February 2011, 04:08 AM   #20
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Default Re: Which Tax Form For Non US Affiliates?

W-8BEN forms are required by international affiliates who earn money from U.S based online affiliate programs. The W-8 is for there records only, and will not be forwarded to the IRS. Money sent to international affiliates will not be reported to the U.S. tax office about any income paid to you. I speak not from experience, but from the link below.

I sent my form through, checked box 11 but im still not sure about that. I'll send my CPA network a follow up email to make sure its all good. This link should help. Just take the spaces between the ht and the tp, since I cant post links yet.

ht tp://w-8ben.allqoo.info/files/2009/04/w-8ben-sample.jpg

There is conflicting information out there that since we'll be dealing with US employees we will be taxed, but at a reduced rate. I dont know, fingers crossed its as this link claims. Getting taxed 30% in the US and again in Australia at the end of the year would be outrageous . LOL.
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Unread 2nd August 2011, 05:42 PM   #21
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Default Re: Which Tax Form For Non US Affiliates?

Quote:
Originally Posted by kylefjerm View Post
You don't need to fill out any tax forms.
Here is a qoute from another forum....

Sorry to bring up an old thread, but this is quite important for non-US affiliates who are needlessly filling out IRS tax forms.

The W8BEN form is only required to be filled out for US SOURCED income. Now "US Sourced" doesn't mean where the person writing the check is, it means where the work was done by the PAYEE.

The OECD (of which the USA is a member of) put it's head together many years ago and determined that if you OWN a webserver in a country, then the websites you have on that server are producing income SOURCED in that country. If you merely RENT a webserver in a country, the websites on it are producing FOREIGN SOURCED income.

FOREIGN SOURCED income is NOT subject to tax in the USA and does NOT require form W8BEN to be filled out - W8BEN is for foreigners to claim exemption from withholding tax on US SOURCED INCOME for tax treaty obligations.

The instructions for W8BEN are clear:

"Who must file. You must give Form W-8BEN to the withholding agent or payer if you are a foreign person and you are the beneficial owner of an amount SUBJECT TO WITHHOLDING."

As I said previously, FOREIGN SOURCED INCOME IS NOT SUBJECT TO WITHHOLDING.

All that is required is that the foreign affiliate CERTIFIES they do not have any US-SOURCED income and are not a US Taxpayer, etc.

Google has it SPOT ON, on their Adsense tax information page:

google.com/adsense/taxinfo

(quoting)

********

Non U.S. Business (No U.S. Activities )

United States (U.S.) Activities involve having employees or owning equipment in the U.S. that are involved in any way with revenue earned through the AdSense programme. This includes, but is not limited to, owning a web server or owning a hosting service in the U.S., or having employees in the U.S. who are involved in either:

* setting up a web server, hosting service, or website
* developing content for your website
* marketing to create a user base for your site
* telephone support for your site
* buying products for your site
* maintaining your site

Generally, utilizing an unrelated third-party U.S. web hosting service to host your web pages, renting web servers that are located in the U.S. from an unrelated third party, or having your payment sent to a U.S. Post Office Box or mail forwarding address, do not of themselves constitute U.S. Activities.

If you do not have U.S. Activities, you will be asked to agree to a statement to that effect. No tax forms are required in this instance.

*********

That's it in a nutshell.

Commission Junction, and other merchants are doing a DISSERVICE to their foreign affiliates by requiring them to fill out forms that are not required, and making these people think they need to put themselves in the US tax system.

Foreign affiliates need to stand up and say "hey! enough's enough!".
Thank you SOOO much for this info!!! Finally there's somebody who actually knows how to read! lol... I've been searching about this whole W-8BEN and knew that I had read somewhere that I (Canadian citizen) didn't have to fill out that form!

I totally agree with you that they're not helping us by trying to force us to fill out that form. I'm in communication with one of those who are trying to make me fill out that form, even if it meant to trick me into doing that by saying that it applied to any people living outside the U.S. and that no tax whatsoever would be withheld. Your post helps me to keep on fighting for my rights! I simply make them read what your post and give them Google as an example. I also told them that they should go review the laws of their own country before trying to make me fill out a form that does NOT apply to me.

Again, THANK YOU!!! Your post is really appreciated!!!

LB
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Unread 2nd August 2011, 08:49 PM   #22
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Default Re: Which Tax Form For Non US Affiliates?

Forgot to mention that Commission Junction has a "Certification Of No United States Activities"

For those who wonder what it says and/or looks like, I made a copy paste of it:

************************************************** ****************

Certification Of No United States Activities

Please sign and attest to the following information. By completing this form and clicking SUBMIT FORM you affirm that:

Publisher represents and warrants that it does not have any employees or equipment located in the United States ("U.S. Activities") that are involved in any way with the revenue that has been or will be earned by Publisher pursuant to the Commission Junction Affiliate Marketing program. U.S. Activities include, but are not limited to, owning a web server or owning a hosting service in the U.S., or having employees in the U.S. who are involved in either:

Setting up Publisher's web server, hosting service, or website
Developing content for Publisher's website
Marketing to create a user base for Publisher's site
Telephone support for Publisher's site
Buying products for Publisher's site
Maintaining Publisher's site

Certification and signature of Publisher or a duly authorized representative of Publisher

Publisher represents and warrants that it does not have any employees or equipment located in the United States ("U.S. Activities") that are involved in any way with the revenue that has been or will be earned by Publisher pursuant to the Commission Junction Affiliate Marketing program. U.S. Activities include, but are not limited to, owning a web server or owning a hosting service in the U.S., or having employees in the U.S. who are involved in either:

Signature *|________________________________________|
Typing in your name acts as your signature.

* Required fields

The date and time of submission and your computer's IP address will be recorded when you click Submit Form.

************************************************** ****************

I guess that if you have any problem with a company, you could probably copy paste that in an email for them to read.
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Unread 8th March 2012, 06:08 AM   #23
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Default Re: Which Tax Form For Non US Affiliates?

Quote:
Originally Posted by LightBurner View Post
Forgot to mention that Commission Junction has a "Certification Of No United States Activities"

For those who wonder what it says and/or looks like, I made a copy paste of it:

************************************************** ****************

Certification Of No United States Activities

Please sign and attest to the following information. By completing this form and clicking SUBMIT FORM you affirm that:

Publisher represents and warrants that it does not have any employees or equipment located in the United States ("U.S. Activities") that are involved in any way with the revenue that has been or will be earned by Publisher pursuant to the Commission Junction Affiliate Marketing program. U.S. Activities include, but are not limited to, owning a web server or owning a hosting service in the U.S., or having employees in the U.S. who are involved in either:

Setting up Publisher's web server, hosting service, or website
Developing content for Publisher's website
Marketing to create a user base for Publisher's site
Telephone support for Publisher's site
Buying products for Publisher's site
Maintaining Publisher's site

Certification and signature of Publisher or a duly authorized representative of Publisher

Publisher represents and warrants that it does not have any employees or equipment located in the United States ("U.S. Activities") that are involved in any way with the revenue that has been or will be earned by Publisher pursuant to the Commission Junction Affiliate Marketing program. U.S. Activities include, but are not limited to, owning a web server or owning a hosting service in the U.S., or having employees in the U.S. who are involved in either:

Signature *|________________________________________|
Typing in your name acts as your signature.

* Required fields

The date and time of submission and your computer's IP address will be recorded when you click Submit Form.

************************************************** ****************

I guess that if you have any problem with a company, you could probably copy paste that in an email for them to read.

If we get an outsourcer from the US to do work for us, such as building sites etc...does this class as an employee and thus mean that we can't use the "Certification Of No United States Activities"??

Thank you
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Unread 16th May 2012, 09:05 AM   #24
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Default Re: Which Tax Form For Non US Affiliates?

Great thread. So as a non-US-Resident how do you go about managing your affairs with those Affiliate program providers (like Hostgator) that simply ask you via automated message in your affiliate screen, to either complete W9 (US Resident) or W-8BEN (non-US-Resident)?
Will they simply accept that you declare that you have "No United States Activities" by referring sales to them from being based outside of the US?
Apart from the fact that it might not be needed to complete this form, is there any implication by actually just completing it? I mean, are you sure they won't even submit it to the IRS?
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Unread 17th May 2012, 02:05 AM   #25
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Default Re: Which Tax Form For Non US Affiliates?

I always use W8BEN.

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Unread 17th May 2012, 01:09 PM   #26
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Default Re: Which Tax Form For Non US Affiliates?

I always request W8BEN from international affiliates.
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Unread 7th September 2012, 05:22 PM   #27
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Default Re: Which Tax Form For Non US Affiliates?

sorry to bump an old thread but rolliesworld has a good question, i recently joined hostgator and they were bugging me to fill in that form so i cancelled. should i have to fill it in?
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Unread 7th September 2012, 05:28 PM   #28
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Default Re: Which Tax Form For Non US Affiliates?

This is a question you should ask them directly. If their accountants do not know what they are doing and if they require it to promote... you just have to choose.

When you give a company a W8BEN they are required to withhold 30% in accordance with the W8BEN.

So the other people who posted to this thread and said that they require W8BEN no matter what... I hope they actually read and understood the form and their withholding responsibilities and liabilities and how stupid it would be to collect it when it is not required.

This is WHY I provide the example of Google:

Quote:
Originally Posted by Josh Anderson View Post
Lots of confusion and misinformation in this thread.

Some foreign affiliates must submit a w-8ben but NOT all.

Let me try and help clarify this for you:

Those with NO US activities are not required to. However, you need to understand what US activities means. In a nut shell any affiliate who operates business with a location in the US or who has employees in the US or who owns equipment in the US has US activities.

Those are they who must file W-8ben.

For a good explanation of these requirements check out what Google Adsense has written on the subject:

https://www.google.com/adsense/stati...S/TaxInfo.html

Generally I would suggest you seek professional tax advice from a certified public accountant regarding these type of questions... but in this case even CPAs seem to get confused unless they have specific experience or specialize in this area.

Your best bet will be to consult with a CPA who specializes or has knowledge in this area as you can see from the answers in this thread you get mixed responses some saying one thing and some saying another contradicting each other.

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