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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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All! So here's the deal; I'm in the process of closing on

Customer Question

Hi all! So here's the deal; I'm in the process of closing on a home. I am purchasing it through my TN registered LLC, which is a disregarded entity. I am not a US citizen or resident, but the LLC is TN incorporated with a foreign address. The rental agent I am about to engage have sent me a W9 from...but I think i may have to fill out a w8ben-e. I am so confused as to which is the one I need. the w9 reads.
'Enter the disregarded entity's name on
line 2, “Business name/disregarded entity name.” If the owner of the disregarded
entity is a foreign person, the owner must complete an appropriate Form W-8
instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN'
Both forms are also incredibly confusing I have no clue which and how to fill it out.
I have both an EIN and TIN. First person to answer correct is in pole position to be my CPA! No really, it's pretty clear i need one! :)
Thanks All!
Submitted: 7 months ago.
Category: Tax
Expert:  Lev replied 7 months ago.
You as a nonresident alien - you should NOT use form W9.You may use either W8BEN or W8ECIAs a physical person - do not use form W8BEN-E
Expert:  Lev replied 7 months ago.
The issue is that form W9 or W8 is signed by a Beneficial Owner.If that is a single member LLC - that is Disregarded Entity. A business entity that has a single owner and is not a corporation under Treasury Regulations section(###) ###-####2(b) is disregarded as an entity separate from its owner.In simple words - Disregarded - means - ignored - and the owner of the LLC is considered as a Beneficial Owner.For payments other than those for which a reduced rate of withholding is claimed under an income tax treaty, the beneficial owner of income is, generally, the person who is required under U.S. tax principles to include the income in gross income on a tax return..I appreciate if you take a moment to rate the answer.Experts are ONLY credited when answers are rated positively.If you still have any doubts, need clarification - please be sure to ask.I am here to help you with all tax related issues.