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I have a LLC in the US. It is a partnership of two

Hi, I have a...

Hi, I have a LLC in the US. It is a partnership of two non-resident aliens. A potential customer is asking us for a W9 which AFAIK we can't sign W9 as NRA. What can we provide as a partnership to the potential customer?

Accountant's Assistant: The Accountant will know how to help. Is there anything else the Accountant should be aware of?

The potential customer is a US company. Not sure I can think of anything else relevant.

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Answered in 9 minutes by:
3/22/2018
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,636
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
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Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

The LLC/partnership should have an EIN. That is the number to use on the W-9.

Please let me know if I can assist you further.

Thank you and best regards,

Barb

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Customer reply replied 4 months ago
Hi Barbara,
You are correct, we have an EIN issued by IRS. However, part of the W9 for is following declaration:Quote:
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.Definition of a U.S. person. For federal tax purposes, you are considered a U.S.
person if you are:
• An individual who is a U.S. citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or organized in the
United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section(###) ###-####7).
Quote ends.We are not US citizens, neither we have green card or live in the US. We are European Union citizens. I see there is "Partnership" mentioned under classification of a US Person. Does that apply to us? We do not want to do anything against law by mistake.

It is the LLC/partnership that is providing/completing the W-9, not you individually. That's why you will provide the LLC/partnership's EIN.

The W-9 should be completed using the LLC's name, etc. and you will sign as a partner.

Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,636
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
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Barbara and 87 other Tax Specialists are ready to help you
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Customer reply replied 4 months ago
Awesome, thank you for your answer!

My pleasure.

Thank you for the positive rating of my answer. It is very much appreciated.

Have a great day!

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