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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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I am wondering which form to fill out W8 or w9 the details are in the question

Customer Question

Hi, I am wondering which form to fill out W8 or w9
the details are in the question
Submitted: 7 months ago.
Category: Tax
Expert:  Lev replied 7 months ago.
If you are US citizen or a resident alien - you need to use form W9,but if you are a nonresident alien - use form W8BEN.Questions?
Customer: replied 7 months ago.
under section 4 it doesnt have an option for llc?
https://www.irs.gov/pub/irs-pdf/fw8eci.pdf
Expert:  Lev replied 7 months ago.
If the LLC is disregarded entity - you will file that form as the owner of the LLC - and not as an LLC.That is because YOU s an owner is be subject to income tax - and not the LLC
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.A person is not a beneficial owner of income, however, to the extent that person is receiving the income as a nominee, agent, or custodian, or to the extent the person is a conduit whose participation in a transaction is disregarded. In the case of amounts paid that do not constitute income, beneficial ownership is determined as if the payment were income. Foreign partnerships, foreign simple trusts, and foreign grantor trusts are not the beneficial owners of income paid to the partnership or trust. The beneficial owners of income paid to a foreign partnership are generally the partners in the partnership, provided that the partner is not itself a partnership, foreign simple or grantor trust, nominee, or other agent. The beneficial owner of income paid to a foreign simple trust (i.e., a foreign trust that is described in IRC section 651(a)) is generally the beneficiary of the trust, if the beneficiary is not a foreign partnership, foreign simple or grantor trust, nominee or other agent. The beneficial owner of a foreign grantor trust (i.e., a foreign trust to the extent that all or a portion of the income of the trust is treated as owned by the grantor or another person under IRC sections 671 through 679) is the person treated as the owner of the trust. The beneficial owner of income paid to a foreign complex trust (i.e., a foreign trust that is not a foreign simple trust or foreign grantor trust) is the trust itself.

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