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I am a us citizen living in sweden, I have a corporaiton and…

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I am a us...

I am a us citizen living in sweden

Accountant's Assistant: The Accountant will know how to help. Please tell me more, so we can help you best.

I have a corporaiton and AB

Accountant's Assistant: Is there anything else the Accountant should be aware of?

I accept a contract with a usa corporation Do i fill out a w-8ben-e? or is it not allowed because i am a citizen?

Submitted: 1 month ago.Category: Tax
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Customer reply replied 1 month ago
what w form do i submit? the contract is with my ab
Answered in 3 minutes by:
3/7/2018
Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 4,553
Experience: 3+ decades of varied tax industry exp. Tax Biz owner
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Hello. Thank you for choosing this Q&A service for assistance. My name is***** will be assisting you. I am prepping my response, which I will provide to you in the next thread(s).

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Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago

Based on the following information from the instructions from both the W8-BEN and the W8-BEN-E form, as you are a U.S. person, you do not have to complete either of these forms. However, a W-9 is required to be completed. SEE BELOW:

----------------------------------

Form W8-BEN:

Do not use Form W-8BEN if you are described below.

You are a foreign entity documenting your foreign status, documenting your chapter 4 status, or claiming treaty benefits. Instead, use Form W-8BEN-E.

You are a U.S. citizen (even if you reside outside the United States) or other U.S. person (including a resident alien individual). Instead, use Form W-9 to document your status as a U.S. person.

REFERENCE SOURCE:

https://www.irs.gov/pub/irs-pdf/iw8ben.pdf

Page 2

------------------------------------

Form W8-BEN-E:

Do not use Form W-8BEN-E if:

You are a U.S. person (including U.S. citizens, resident aliens, and entities treated as U.S. persons, such as a corporation organized under the law of a state). Instead, use Form W-9, Request for Taxpayer Identification Number and Certification.

REFERENCE SOURCE:

https://www.irs.gov/pub/irs-pdf/iw8bene.pdf

Page 2

Link to Form W9:

https://www.irs.gov/pub/irs-pdf/fw9.pdf

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Customer reply replied 1 month ago
This does not answer my question
Customer reply replied 1 month ago
I HAVE A Swedish company 'Carson AB' the contract with the US firm in NYC is with Carson AB.. not me an individual.. i want the money in there.. for tax reasons... CAN i use a w8? and if so.. which one? or BECAUSE i am personally a us citizen it is prohibited?
Customer reply replied 1 month ago
i prefer text.. as i am in a room with sleeping family members
Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago

Foreign entities are required to complete a Form W8-BEN-E. Still typing...

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Customer reply replied 1 month ago
you confirm I CAN and MUST use this form. for the foriegn entity... and it doesnt matter that i am a 100% owner of the AB and us citizen
Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago

This form is used by foreign entities to document their statuses for purposes of chapter 3 and chapter 4, as well as for certain other Code provisions as described later in these instructions. Foreign persons are subject to U.S. tax at a 30% rate on income they receive from U.S. sources that consists of:

Interest (including certain original issue discount (OID)); Dividends;

Rents;

Royalties;

Premiums;

Annuities;

Compensation for, or in expectation of, services performed;

Substitute payments in a securities lending transaction;

or Other fixed or determinable annual or periodical gains, profits, or income.

------------------------------------------------

Foreign person. A foreign person includes a foreign corporation, a foreign partnership, a foreign trust, a foreign estate, and any other person that is not a U.S. person. It also includes a foreign branch or office of a U.S. financial institution or U.S. clearing organization if the foreign branch is a qualified intermediary. Generally, a payment to a U.S. branch of a foreign person is a payment to a foreign person.

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Tax Professional: Tax.appeal.168, Tax Accountant replied 1 month ago

The information provided in the last thread is from the instructions of the Form W8-BEN-E.

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Customer reply replied 1 month ago
I am looking for a definitive answer: sItuation: i am us citizen. I own a Swedish corporation Carson AB. Carson AB has a contract with a NYC firm. Complication: they asked me for W9.but i want all revenues to go through Carson AB. Question What form do i fill out for Carson AB, or MUST i do a w9?
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 17,610
Experience: 15years with H & R Block. Divisional leader, Instructor
Verified

Different person

To be able to answer you have to know what classification the AB is as it relates to US tax classifications.

I understand that the AB is a Limited Liability Company which the US defines as a passthrough disregarded entity. That means it looks past the company to the owner (especially if there is a US owner ) and that means you.

You cannot use the W8. That is because you are a US citizen.

If I am wrong and have read your AB as wrong in the classification let me know

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Customer reply replied 1 month ago
AB is usually a separate tax id and more like an INC
i think
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

You believe then it is the same as a C corporation in the US?

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Customer reply replied 1 month ago
I am sorry, but isn't that what you are supposed to be telling me?
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

That really does matter because the company would have to be an entity separate from you. Taxed on all before it passes anything to you that you would then be taxed on.

I think it is what I said it is in my post above and you cannot use the W8

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Customer reply replied 1 month ago
I am not an accountant or a lawyer. I registered the Ab.. i BELIEVE it is a like a C corporation..but i am paying here so some can verify what i am supposed to do in this nyc contract
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

When i looked into the aktiebolag it was an LLC

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Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

If you are the only owner then that means the same as a sole prop

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Customer reply replied 1 month ago
LLC could be.. does that change my W choice?
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

That verifies my answer. LLCs pass all through

You cannot use the W8

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Customer reply replied 1 month ago
Robin, if i am the only owner of a C corp. it remains a C corp TIN right? why do you propose in sweden it is different.. there is a sweidsh Enkelt firman.. sole proprietorship.. i think
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

I would have to look that one up, I checked to see what most foreign people use in Sweden

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Customer reply replied 1 month ago
AB (Aktiebolag): ≈ Ltd. (UK). Minimum capital SEK 50,000.
AB (publ) (Publikt aktiebolag): ≈ plc (UK). Minimum capital SEK 500,000.
Ek. för. (Ekonomisk förening): economic association (minimum three members)
Bostadsrättsförening: home-owners' association
Hyresrättsförening: home-renters' association
Kooperativ: cooperative
Enskild firma: sole proprietorship
HB (Handelsbolag): ≈ general partnership
KB (Kommanditbolag): ≈ limited partnership
Enkelt bolag: Regulated partnership between two parts (Companies or private persons)
Ideell förening: non-profit organization
Stiftelse: Foundation has capital or property but no members or owners (shareholders)
Filial
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

If you can show that the company is akin to a US C corp and is separate from you then the contract with the foreign entity requires a W8.

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Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

That is on you as you know what you registered this company as in Sweden. You already said "LLC could be.. does that change my W choice"

In that long list you sent, the difference in the ABs is one has public stock .

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Customer reply replied 1 month ago
The company is a LTD or corp in Sweden.. But i own 100%.... Do i do a w8ben-e ? or a W8ben ? or revert to a w9
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

W9

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Customer reply replied 1 month ago
if i own 100% a Corp or SCorp in USA... and that company is contracted.. do you do a w9 or and in the w9 do you put the TIN or the SSn?
Tax Professional: Robin D., Senior Tax Advisor 4 replied 1 month ago

You would list the name of the corporation and the TIN of the corporation.

Yes a W9 is still completed

I cannot think of anything else to tell you. A positive 5 star rating is appreciated so I am credited

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