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International Artists - NEW W-8BEN Form required (Read 5000 times)
Mindy
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International Artists - NEW W-8BEN Form required
May 31st, 2016, 12:09pm
 
Please see the announcement on our community blog about the NEW W-8BEN form that international artists will need to complete:
 
https://gcucommunity.com/2016/05/27/nuts-and-bolts-international-artists-new-w-8
ben-form/#comment-17692
 
The sooner you get it submitted to us the better, thank you for your prompt attention and action!  
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Tanya_294968
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Re: International Artists - NEW W-8BEN Form requir
Reply #1 - May 31st, 2016, 1:21pm
 
Hi Mindy  
 
Do I have to do this now I have an ITIN thingie  number? I have had it for a long time
and I really don't want to go through that again Cheesy  
 
I have just filled out and emailed the other one, I just never want to go through the
ITIN again Tongue
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Mindy
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Re: International Artists - NEW W-8BEN Form requir
Reply #2 - May 31st, 2016, 5:35pm
 
Quote from Tanya_294968 on May 31st, 2016, 1:21pm:
Hi Mindy

Do I have to do this now I have an ITIN thingie  number? I have had it for a long time
and I really don't want to go through that again Cheesy

I have just filled out and emailed the other one, I just never want to go through the
ITIN again Tongue

 
This is ONLY the W-8BEN form.  You can print a copy of the form via the our blog posting.
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Lydia_349542
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Re: International Artists - NEW W-8BEN Form requir
Reply #3 - Jun 1st, 2016, 12:39am
 
I completed mine in February 2016, can it be assumed that I completed the correct form?
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Brian_335566
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Re: International Artists - NEW W-8BEN Form requir
Reply #4 - Jun 1st, 2016, 3:30am
 
This is incorrect.
 
In a dispute with artists over this same issue at Zazzle last year The IRS decided that there was in-fact NO requirement for Foreign Artists to have an ITIN as long as they had a unique tax identification number from their own country.
 
That number allows for tax withholding in line with the Income Tax Treaty Agreement between the USA and that country. In my case that is the UK and under Article 12 of the agreement the a Tax withholding is 0% as I pay tax in the UK.
 
ARTICLE 12 Royalties 1. Royalties arising in a Contracting State (USA) and beneficially owned by a resident of the other Contracting State (UK) shall be taxable only in that other State.  
Full Treaty Document here
 
https://www.treasury.gov/resource-center/tax-policy/treaties/Documents/uktreaty. pdf
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Judy_139270
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Re: International Artists - NEW W-8BEN Form requir
Reply #5 - Jun 1st, 2016, 8:06am
 
Hi Mindy
 
I can corroborate what Brian has written about the IRS no longer requiring an ITIN from 'non-resident aliens'. In fact the IRS discourage people from applying for an ITIN unless they actually need one.
 
Here is the link to the Instructions for Requester of Forms W-8BEN etc, see in particular p.5
 
https://www.irs.gov/pub/irs-pdf/iw8.pdf
 
I also have a copy of a letter from the IRS on headed notepaper, written to the International Zazzlers United facebook group last August, stating clearly that the IRS do not require an ITIN from non-resident aliens, that their own country's tax reference number is sufficient.  
 
The UK Tax Treaty Team, part of the UK tax authority, offered to take up Zazzle's initial requirement for an ITIN with their US counterparts but warned that it could take a long time. So in the meantime, they referred us to the person in the US Embassy in London's tax department who could authorise the sending of the above letter.
 
(Another change is that anyone wishing to use their EIN should fill in form W-8BEN-E, though Zazzle accepted EINs on the W-8BEN form, as long as it was accompanied by the letter from the IRS, confirming the EIN. So maybe that is something that GCU could think about, given that the W-8BEN-E form is longer and more complicated?)
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Tanya_135475
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Re: International Artists - NEW W-8BEN Form requir
Reply #6 - Jun 7th, 2016, 7:50am
 
I don't think they mentioned the ITIN only the "W-8BEN"
 
I mentioned the ITIN, I have had my ITIN for years now so I use it anyway as it makes life easy for me, but GCU only asked for the W-8BEN. And I have to do one for all the other sites as well not just GCU.
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Judy_139270
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Re: International Artists - NEW W-8BEN Form requir
Reply #7 - Jun 7th, 2016, 3:52pm
 
Quote from Tanya_135475 on Jun 7th, 2016, 7:50am:
I don't think they mentioned the ITIN only the "W-8BEN"

I mentioned the ITIN, I have had my ITIN for years now so I use it anyway as it makes life easy for me, but GCU only asked for the W-8BEN. And I have to do one for all the other sites as well not just GCU.

 
The link in the newsletter was to a 2013 forum post about how to get an ITIN - ie somewhat misleading.
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Mindy
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Re: International Artists - NEW W-8BEN Form requir
Reply #8 - Jun 9th, 2016, 3:41pm
 
Quote from Lydia_349542 on Jun 1st, 2016, 12:39am:
I completed mine in February 2016, can it be assumed that I completed the correct form?

 
Hi Lydia, we do not have a copy on file.  Please resend to: susan@bigdates.com
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Mindy
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Re: International Artists - NEW W-8BEN Form requir
Reply #9 - Jun 9th, 2016, 3:55pm
 
Quote from Judy_139270 on Jun 7th, 2016, 3:52pm:
Quote from Tanya_135475 on Jun 7th, 2016, 7:50am:
I don't think they mentioned the ITIN only the "W-8BEN"

I mentioned the ITIN, I have had my ITIN for years now so I use it anyway as it makes life easy for me, but GCU only asked for the W-8BEN. And I have to do one for all the other sites as well not just GCU.


The link in the newsletter was to a 2013 forum post about how to get an ITIN - ie somewhat misleading.

 
For now GCU's policy will stand as is.  If you can provide us a copy or link to this IRS letter for our review we will forward it and your comments and links to our Finance team for their review.  Thank you!
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Judy_139270
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Re: International Artists - NEW W-8BEN Form requir
Reply #10 - Jun 10th, 2016, 10:08am
 
Hi Mindy
 
As well as the Instructions to Requester of W-8BEn, that I linked to in my post above, here is a link to the letter from the IRS that you requested -
 
https://dl.dropboxusercontent.com/u/21539539/IRS-letter-14Aug2015.png
 
Hope we can get this clarified as soon as possible.
 
Judy
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Mindy
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Re: International Artists - NEW W-8BEN Form requir
Reply #11 - Jun 13th, 2016, 12:19pm
 
Quote from Judy_139270 on Jun 10th, 2016, 10:08am:
Hi Mindy

As well as the Instructions to Requester of W-8BEn, that I linked to in my post above, here is a link to the letter from the IRS that you requested -

https://dl.dropboxusercontent.com/u/21539539/IRS-letter-14Aug2015.png

Hope we can get this clarified as soon as possible.

Judy

 
Thank you.  Passing along to our finance team.
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Mindy
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Re: International Artists - NEW W-8BEN Form requir
Reply #12 - Jun 21st, 2016, 2:29pm
 
GCU's finance team in conference with our tax & finance advisors have determined that GCU shall continue to abide by the officially published terms of the IRS:
https://www.irs.gov/individuals/international-taxpayers/claiming-tax-treaty-bene fits
 
Excerpt below from the IRS website under Claiming Tax Treaty Benefits:
 
A reduced rate of withholding applies to a foreign person that provides a Form W-8BEN claiming a reduced rate of withholding under an income tax treaty only if the foreign person provides a U.S. Taxpayer Identification Number (TIN) (except for certain marketable securities) and certifies that:
 
It is a resident of a treaty country;
It is the beneficial owner of the income;
If it is an entity, it derives the income within the meaning of Section 894 of the Internal Revenue Code (it is not fiscally transparent); and
It meets any limitation on benefits provision contained in the treaty, if applicable.
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Judy_139270
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Re: International Artists - NEW W-8BEN Form requir
Reply #13 - Jul 18th, 2016, 6:27am
 
Hi Mindy
 
I emailed Mike Fake on 29th June, setting out all the evidence in support of why the IRS no longer requires an ITIN from non-resident aliens earning royalties.
 
I haven't received any acknowledgement or reply so I would be grateful if you could let me know whether he has received my email and, if so, what is his response.
 
Many thanks.
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Mindy
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Re: International Artists - NEW W-8BEN Form requir
Reply #14 - Jul 25th, 2016, 5:30pm
 
Quote from Judy_139270 on Jul 18th, 2016, 6:27am:
Hi Mindy

I emailed Mike Fake on 29th June, setting out all the evidence in support of why the IRS no longer requires an ITIN from non-resident aliens earning royalties.

I haven't received any acknowledgement or reply so I would be grateful if you could let me know whether he has received my email and, if so, what is his response.

Many thanks.

 
Hi Judy,
sorry, all communications on this topic should now go to Susan @ bigdates.com   She has been up to date with this thread and topic.
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