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FAQ

As a Canadian working in the US on a TN-1 visa should I fill out the IRS Form W-8BEN or W9?
Use the W-9. The W-8BEN is used for cases where you are not working in the U.S., but receiving income relating to a U.S. Corporation, Trust or Partnership.
How can you fill out the W-8BEN form (no tax treaty)?
A payer of a reportable payment may treat a payee as foreign if the payer receives an applicable Form W-8 from the payee. Prthis Form W-8BEN to the requestor if you are a foreign individual that is a participating payee receiving payments in settlement of payment card transactions that are not effectively connected with a U.S. trade or business of the payee.As stated by Mr. Ivanov below, Since Jordan is not one of the countries listed as a tax treaty country, it appears that you would only complete Part I of the Form W-8BEN, Sign your name and date the Certification in Part III.http://www.irs.gov/pub/irs-pdf/i...Hope this is helpful.
Why would I need to fill out the W-8BEN-E document from the IRS, when I am a German freelancer?
Sure, I can address tax issues here. First, all these forms are the end product of a highly complex US tax law.The US Treasury holds the company (“agent”) making the payments responsible for withholding tax under Sections 1441 (non US persons) and Section 1442 (foreign corporations. Treasury requires a 30% withholding unless the payee provides appropriate documentation (called a certificate) for not withholding as noted in Treasury Regulation Section 1.1441-1(b)(1). So, the company represents the responsible party, here. If the company does not withhold, and they do not have the appropriate documentation or support for not withholding (called a withholding certificate) and the the payee owes tax, Treasury holds the company responsible for paying the tax (Treasury Regulation Section 1.1441-7(b)(1)).However, a non US person working physically from a non US location has foreign source income (Section 862(a)(3)). And, the US does not tax the non US person on such income. So, Treasury does not consider foreign source payments as withholdable payments (Treasury Regulation Section 1.1473-1(a)(1)).So, Treasury does not require the company making the payment to have the payee complete a withholding certificate. However, the company may use the documentation as means for making sure they are dealing with a non US person actually working physically from a non US location. In today’s digital world, the company may be uncertain where the person resides. So some companies may have a policy for obtaining documentation for all payees.So, the W-8 BEN provides the payor with the certification for not withholding as attested by the payee’s signature ‡ the payee has foreign source income not subject to withholding as noted in Treasury Regulation Section 1.1441-(b)(4)(v).A foreign company uses the W8-BEN-E and a non US individual uses the W8-BEN. Each form has its own peculiarities.I have completed the above analysis based on the fact situation. If the facts change, the tax results may change. www.rst.tax
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