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Anne, Master Tax Preparer
Category: Tax
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Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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We are located in the Netherlands, our company is incorporated

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We are located in the Netherlands, our company is incorporated in the Netherlands and we pay tax in the Netherlands. We have NO USA establishment. A few times per year we do training in the USA. People / companies pay by credit card or check. In order to avoid income tax withhold we claim exempt under the Dutch-USA tax treaty. For this we supply the companies, who requested this, a W8-BEN form. In order to fill-in the form correctly we need an EIN, which we requested and got from the IRS. Now we need to file a 1120-F. Do I understand correctly that, since we have no establishment and don't need to pay in the USA and there was never a withhold, we only have to fill in the top first few questions on page 1 and tag W with yes and attach a 8833 and then send it to the IRS?
Submitted: 5 years ago.
Category: Tax
Expert:  Anne replied 5 years ago.

Thank you for using justanswer. Yes. According to page 2 of2011 Instruction 1120-F
Instructions for Form 1120-F, U.S. Income Tax Return of a Foreign Corporation you must only fill out the upper portion, items A-M, and attach your 8833.

I hope this helps
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