Log in

View Full Version : Getting itin no. With filling w7 as non-resident of US


wkclick
Oct 27, 2009, 10:18 AM
Hello,
I reside in india and never been to US . I want to do some business online as affiliate for which required a tax id for sign up.
I gone through w7 form but confused
- where to to tick
- would I needed to file tax return even if not getting profit.
- driving licence showing name ,address, photo is enough? Photocopy black & white , or colour?
- where to mail online

Thanks

AtlantaTaxExpert
Oct 27, 2009, 11:01 AM
You can get a PDF copy of the Form W-7 from Internal Revenue Service (http://www.irs.gov). The mailing address for the W-7 is contained in that form.

You have NO tax liability to the U.S. if you are not conducting business in the U.S. so no tax return will be required.

Now, to get the ITIN, you will need a letter from the company to whom you are affiliated in order to apply for the ITIN.

However, contact the company and ask if they will accept Form W-8BEN instead. The Form W-8BEN can cite the requisite article in the U.S.-India Tax Treaty regarding business profits and claim an exemption from any withholding on any money paid to you. The W-8BEN is good for three years and would negate the need for you to get an ITIN.

If you submit the W-7, the BEST form of identification is a notarized photocopy of your passport plus an apostille from the Indian government agency that issued the passport. If the passport photocopy is NOT an option, you need to submit TWO types of identification to the IRS. The acceptable types of identification is listed in instructions attached to the Form W-7.

Five Rings
Oct 27, 2009, 02:45 PM
Submitting a W8-BEN only will not be sufficient.

Since you are claiming a treaty benefit you will need an ITIN. You will check both boxes (a) and (h). On the box (h) line you are to write "exception 1" and under that India and Article 7 or 12 as the case may be.

If you have no passport, your driver's license and national identity card a copy of which (duly certified by the agency that issued them) will be necessary.

As ATE mentioned, you will also include in your request a signed letter on their letterhead(not an e-mail) from the US company detailing your agreement.

wkclick
Oct 28, 2009, 10:17 AM
Thank.
Well, I have passport.
Here passport authority does not cares about cirtifyng phtocopy. Could I email originals?
I would be needed to fill W8-BEN for every company with which I sign up.
It is better to get itin . Will I needed to mention every those company name.
Cud I just fill the form and send with document ?
What is email address for mailing online? Or fax?

AtlantaTaxExpert
Oct 28, 2009, 02:34 PM
You cannot submit an scanned copy of the passport.

You must mail the original notarized/certified photocopy with the apostille plus the Form W-7 to the address contained in the W-7 instructions.

Once you have the ITIN, you should then submit the W-8BEN as specified by Five Rings.

Five Rings
Oct 29, 2009, 05:59 AM
A letter from one company will be sufficient.

For the ITIN you MUST submit a certified copy of your passport, the signed letter from one of your clients on their letterhead, and a correctly completed W-7 signed and dated by you.

Once you get your number you will send EACH of your clients Form W8-BEN claiming a treaty benefit and including your new ITIN on line 6 and checking the box. You must identify the treaty country, the treaty article you are claiming, and the treaty specified tax rate.

Then sign and date the form and send it to the client.