US Tax Form W8

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j_s_g

Original Poster:

6,177 posts

256 months

Saturday 13th March 2004
quotequote all
It's a long shot, I know, but I could really do with some help re. US tax...

I've written a few books which were originally released by a publisher with UK offices, meaning I could get paid properly over here. Since they went into liquidation, a couple of US publishers have bought the rights up. As the royalty payments are now coming over from the US, they're getting taxed there first, and will keep doing until I can get form W8 completed & approved. Every time I send it off, they seem to not grasp the concept that I'm not a US citizen, so can't provide US Social Security number, passport, etc. And I'm *not* sending my UK passport over to the states!

Has anybody got any knowledge of the US tax system (it's a complete unknown to me), and how I might get this resolved.

Thanks in advance...

eric mc

122,699 posts

271 months

Saturday 13th March 2004
quotequote all
You are liable to UK tax on your worldwide income. However, the US royalty payers may be obliged under US tax law to deduct US tax at source (I am no expert on US taxes, I hasten to add) but there is a double taxation agreement between the US and the UK which should prevent the Inland Revenue here in the UK from taking any more tax from this royalty income.

tvrforever

3,182 posts

271 months

Saturday 13th March 2004
quotequote all
My advice would be to get professional advice

>> Edited by tvrforever on Saturday 13th March 23:11

j_s_g

Original Poster:

6,177 posts

256 months

Sunday 14th March 2004
quotequote all
eric mc said:
You are liable to UK tax on your worldwide income. However, the US royalty payers may be obliged under US tax law to deduct US tax at source (I am no expert on US taxes, I hasten to add) but there is a double taxation agreement between the US and the UK which should prevent the Inland Revenue here in the UK from taking any more tax from this royalty income.

Yep; if it were legal, I'd leave it as it is - I'm only getting hit for 30% by the US IRS rather than 40% over here. But it's not.

I need US tax exemption, which is what the W8 form is for. But it seems to be geared towards US citizens!

j_s_g

Original Poster:

6,177 posts

256 months

Sunday 14th March 2004
quotequote all
tvrforever said:
My advice would be to get professional advice

Cheers! I'm reluctant to throw any more money at this, as I'm already tens of thousands out of pocket on my publisher going bust. Think it may come to that when I start trying to figure out how to declare a tax loss, anyway!

ErnestM

11,621 posts

273 months

Sunday 14th March 2004
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j_s_g, I am not a professional in these matters, so I do recommend professional advice...

However, it looks as if you, as an individual recipiant may not be able to "get out of" the 30% withholding requirement...

Pertinant info here:
www.irs.gov/businesses/small/international/article/0,,id=104997,00.html

One method to get out of withholding (that is used quite a bit in the States) is incorporating. This may or may not work for a foreign corporation. Basically you would form a corporation and transfer your right to receive royalties to that corporation. That way the US company that is paying you the money could report a general expense (cost of doing business) versus a compensation related expense (subject to withholding)...

...like I said - professional advice is the way to go...

ErnestM

tvrforever

3,182 posts

271 months

Sunday 14th March 2004
quotequote all
Another one you can use - if you're local to London - is to go to the US Embassy and ask them for advice.

You'll need to phone up before hand as their tax bit only works on certain days / times etc but they are very helpful and you'll be amazed what forms they do have and how helpful they are.

They have a form that you can use which creates you a global ID which you uses instead of a US SSID on all the other forms - takes about 10 days to arrive.

I know professionals are expensive (trust me I saw my bill) but you want this squared as at a minimum it will involve changes to 2 years UK tax submissions and 1 years US tax...

apeebles

267 posts

290 months

Sunday 14th March 2004
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The W8 form is pretty straight forward to fill in (One page.) Anyone who invests in the US stock market or has had US stock options are usually very familiar with this form and it does work.

j_s_g

Original Poster:

6,177 posts

256 months

Sunday 14th March 2004
quotequote all
apeebles said:
The W8 form is pretty straight forward to fill in (One page.) Anyone who invests in the US stock market or has had US stock options are usually very familiar with this form and it does work.

I keep filling it in, and they keep sending it back! It's getting silly now - this's been going on for a good 8 months or so! Guess I'll just try again.

j_s_g

Original Poster:

6,177 posts

256 months

Sunday 14th March 2004
quotequote all
Cheers for the feedback guys... I'll take a look into all of the options over the next week or two. Looks like it's gonna be a stack more forms whatever!

jeff m

4,060 posts

264 months

Saturday 20th March 2004
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A tax ID number will get it done.

I would not recommend setting up a Corp or S Corp you will have a lot of reporting to do, from the the Fed and the State (in which you incorporate) Some reports have time limits, return within ten days!

Cost of setting up a corp, about $600, monthly maint about $120, reg office prob $100/annum.