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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29965
Experience:  Taxes, Immigration, Labor Relations
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I'm ***** *****. I run a small business in the UK and we

Customer Question

Customer: Hi, I'm ***** *****. I run a small business in the UK and we occasionally undertake legal support work for US organizations. We recently completed a W8-BEN-E form to be able to supply to clients when requested and obtained an EIN for the form by calling the number that's published in various places. We have now received the official confirmation letter for the EIN which is asking us to file form 1120F for the last four years. We don't have any business presence in the US other than the work we undertake on behalf of US clients and we do this from the UK. Does this seem right or has something gone awry with our process for getting the EIN? Never had to deal with US tax issues before so rather daunted!
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Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

The issue that you might NOT need EIN in order to complete form W8-BEN-E.

However - generally if you have EIN as a foreign corporation the IRS might "think" you are doing business in the US or having income from US sources.

Expert:  Lev replied 1 year ago.

On the other hand - take a look - page 13 IRS publication 519 -

- Table 2-1. Summary of Source Rules of Nonresident Aliens.As we see the factors in determination of the income source income
If your corporation is neither doing business in the US nor having income from US sources - filing is not required.

So you may simply reply to the IRS telling that your corporation is not required to file and actually did not file because - it is neither doing business in the US nor having income from US sources.

It is possible that some US payers reported to the IRS payments made to you... If so - we need to look into these issues separately.

Thus if you received any other reporting forms - let me know.

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