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RD
RD, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 8784
Experience:  CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..
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we are aforeign company that not pay tax in the us starting

Resolved Question:

we are aforeign company that not pay tax in the us
starting to work in NY and need to collect money in NY
what kind of form do we need to apply to get ID no? and how we do it?
Submitted: 3 years ago.
Category: Tax
Expert:  RD replied 3 years ago.
Chat Conversation Started
RD :

Is this a foreign entity? Are you based in NY? You need to apply for authority to do business in the State of New York by filing an Application for Authority in NY and get a tax ID number(EIN#) from the IRS by filing FORM SS4.

RD :

http://www.dos.state.ny.us/corps/buscorp.html#appauth

RD :

Link to application of authority info

RD :

http://www.dos.state.ny.us/corps/buscorp.html#appauth

RD :

Link to Form SS4

RD :

http://www.irs.gov/pub/irs-pdf/fss4.pdf

Customer :

it is aforeien entity we are base outside us

RD :

But if you start working in NY (either by appointing employees, opening a branch office or employing an agent to solicit business in US) than you will have a nexus in NY and hence would have to register as foreign corp.

Customer :

we are aforeign entity and we base outside us we have to collect rental fees on our machins

RD :

Are the machines in NY?

Customer :

yes

RD :

In that case, the business has assets in NY and is required to get the certificate of authority as discussed above.

RD :

Having assets in NY and getting rental income from the same is considered NY Source income and hence, US source income

RD :

so you are considered as having presence in NY.

RD, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 8784
Experience: CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..
RD and 7 other Tax Specialists are ready to help you

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