How to complete form W-8 BEN for Freelancers | Gig Workers |Upwork from India or any Foreign Country

[@Linabejing8422]

Hello from the Philippines. The video is very good info and helpful that I understand your explanation clearly. Thank you so much.

[@CloudExpatTax]

Glad it was helpful!

[@CloudExpatTax]

US Tax is complex subject. No comments given here can be considered Tax or legal advice. We only give tax advice to our clients.

[@ifeeliree]

Thank You very much from Jamaica

[@reikiamazes]

Thank you so much, really useful video.

[@abhayverma2585]

Awesome video. Very well put out. I have a question, i am providing technical skills remotely from india to a usa firm. I believe i will come under the article 12 (4) (b) . How much tax am I liable to? Ty!

[@CloudExpatTax]

Should be 15%

[@fluffybangtan]

Hello! This video is immensely helpful and I'm thankful that I came across it! I was panicking when I received the form and didn't know what to do. I had a doubt: I'm a freelance contract writer currently under a three-month contract with a U.S. company. I work remotely from India. I wanted to know which article applies to me and if the withholding rate if 15% for me or none? I would really appreciate your comment on this matter.

[@strangepsy]

Did you get your answer?

[@camtechgwalior]

very informative video, just a question what article to be used for earning through ads from Facebook thanks

[@anithajai9503]

Thanks for the video! I have a doubt. I work in India for HPE india and hold stocks of HPE through my company. Do i have to fill Claim of treaty benefits? If yes, what section and %?

[@CloudExpatTax]

not needed as capital gains are not taxable for non residents in the US

[@israels4realtv1280]

Thanks so much for this great video, how do I fill the form, do I need to print out the form and fill it out and scan before sending it to the company? Because, I'm finding it hard to fill digitally, so will manually filling be helpful? Thanks

[@CloudExpatTax]

Print it n fill it out. Thanks.

[@PratikButani]

Hey, Thank you for this video. What I have to add into Line No. 10 as I won hackathon prize from Google. What are that percentages and for whom actually?

[@CloudExpatTax]

Check the India US treaty for prizes.

[@playatvvr]

Could you please clarify what should I do for trading ? I have SSN but not a US resident anymore. Still maintaining trading account from India

[@CloudExpatTax]

Nothing. Capital gains for non resident are not taxable

[@jrocku79]

Hi there!! thank you for your video truly appreciate the info. My question is what if you're from a country that is not listed on there like Haiti, how would you complete the form out with the proper reference.

[@CloudExpatTax]

Just leave the treat part empty. US payer may withhold taxes.

[@jrocku79]

@@CloudExpatTax thank you for your reply.

[@iantan8881]

What happens if your country doesn't have a tax treaty with the United States? Do you not have to fill out box 10 then? Since it's 'not applicable'

[@CloudExpatTax]

that's correct ..it will be blank

[@iantan8881]

@@CloudExpatTax Thank you. And if I don't have a Foreign Tax Identifying Number, and I put my national identification number, would you recommend that I need to make a note in parentheses explaining that it is my ID number not my TIN? Also, what should I advise my clients to do with it? One is an lone individual, the other is a business starting out just this month.

[@vivek_chaurasia]

Do we have to pay taxes again in our country after it deducted from us?

[@CloudExpatTax]

Yes... you can take the Credit for that on your home country return. So, the net effect is that you pay taxes in only one country

[@YungFlirtZ10]

Where can I find the article paragraph for United Kingdom?

[@CloudExpatTax]

us uk tax treaty on the IRS.gov website

[@sachintrivedi1320]

HI I made some money from stock and crypto in us trading account how to fill number 10 for this form?

[@YungFlirtZ10]

My country united kingdom says excempt so would I leave it blank or how would I go about filling out part 3 my friend. Great video by the way

[@CloudExpatTax]

That depends on the type of income and tax treaty.

[@YungFlirtZ10]

@@CloudExpatTax I would love more advice than that I sent it of with the percentage bit blank but the rest filled out with the articles from your help as thats what they looking for

[@SadiqAhmed1750]

Thanks you soo much, your video helped me a lot. 😊😊😊😊😊😊

[@CloudExpatTax]

Thanks 🙏

[@PriyankaLalwani-j3x]

Hello, thanks for the video. I'm on F1 visa since 2 years (so a non-resident alien), and am an Indian citizen currently residing in Chicago. I'm asked to fill a W8-BEN by a company that is supposed to compensate me. I have a SSN. Do I also fill my PAN number in the FTIN blank? And do I fill out Line 10 where it talks about the treaty, similar to what you have shown in the video?

[@CloudExpatTax]

US source income will be taxable in the US. No point filling W8 Ben. Fill out W9 instead

[@selfcarewithStu]

Thank You for this video sir! I have a question- I am a dependent visa Holder in HK but I have an Indian passport, so in the permanent residence address field should I put my Indian address or HK address?

[@CloudExpatTax]

Address should be the current location where you live n pay taxes

[@signo0246]

Thank you for making this video. I have questions in relation to this form. In a scenario where the foreigner is receiving money from the US company. Once the Form W-8BEN is submitted to the US client and there is no withholdings on the amount being paid. Q1. Does the foreigner needs to file tax return in US? or in the country of residency? Q2. If need to file in US, what form should be fill out? Thank you!!

[@CloudExpatTax]

No need to file in the US unless the withholding is huge. To avoid withholding is the reason you complete w-8. You will file taxes in yr home country

[@bananahammock3374]

Thank you so much for making this video! I have done some freelance illustrations for a U.S. based company, how much tax am I liable to?

[@CloudExpatTax]

As a foreign national working from your home country...you shouldn't be

[@godfreymbuya600]

Sorry sir, how about a foreign national but working from US?

[@sanduMj4everluv]

Hi, Sir! If your country does have a tax treaty with US but if you don't have a foreign tax identification number, can you put your country's National Identity Card number?

[@CloudExpatTax]

Just leave it blank

[@rohitjoshi8341]

Thanks sir.. Im an Indian resident. Please let me know if my USA client/company is deducting 15% of my income under W8 BEN E form. Can i reclaim that deducted amount while paying yearly taxes to Indian government? Please tell me

[@CloudExpatTax]

Check with your US company. Yes you can claim FTC on your india tax return

[@nirvaidrathore9907]

Hi Sir, My spouse has opened a savings account in usa she is on h4 visa.And bank has asked to fill this form. In part II what should be Article and % rate should i write in form

[@CloudExpatTax]

This form is only to be filled by Non-residents.

[@nirvaidrathore9907]

@@CloudExpatTax Sir the bank in usa has asked her to fill since she is not eligible for SSN in usa,any suggestions on this please

[@ReactzVlogx]

bhai 9 aur 10 kaise fill kare batao khas kr 10 number bhai compulsary h isiliye puch rha hu???? specify type of income wala kiya fill kr skte hai

[@CloudExpatTax]

Depends on the type of income.

[@soumyashrivastava1474]

Urgent Request!!!! Hi, I was working with a US company (LLC) in the USA and now I moved back to India and still working with the same company, should I provide SSN or PAN, and so what should I fill in PART II 10. Appreciate your video! Thanks!

[@CloudExpatTax]

Pan would suffice

[@ninjawarrior4217]

Thank you for this video! I just have a question. There are some stuff I dont understand since I'm very new to this. My First question is : Once I fill this form, Who should I give this to? Should I give it to the company who sent me it? 2nd question : I live in France, does the W8 form help me pay the taxes from France to US? THANK YOU!

[@CloudExpatTax]

You give it to the us payor who is requesting it. You still need to pay taxes in yr home country. no it's for yr withholdings from the US. If they withhold correctly then you don't need to file tax return in US

[@soumyashrivastava7106]

what to be filled in case of Article 15? I am on hourly pay and continue working fro a US based company after leaving US. Please advice on urgent! Thanks in advance!

[@CloudExpatTax]

Hi, tax advice is only given to our clients since every taxpayers situation is unique and needs further analysis. Visit www.cloudexpattax.com to know more. Thanks 🙏

[@samking618]

If we are working directly witha US company, does the company have to widthhold tax for foreign freelancers (non national, non residents) who work full remotely from another country? Upwork also asks for W-8BEN information but doesn't withhold any taxes for non US persons

[@CloudExpatTax]

Yes, withholding really depends on the type of income and nature of service provided. For Foreign Nationals, generally no taxes should be withheld. However, there are instances where the provider would. Yes, upwork isn't right now withholding any taxes.

[@vivekkhurana5317]

Sir thanks for excellent video but in our case My Father's brother has experied so which article applies to us for inheriting his money , is it 15% tax withholding ?

[@CloudExpatTax]

Sorry for your loss. The US itself doesn't not tax it's citizens who get inheritance from a foreign nationals death. So we doubt if the US would tax you in the inheritance. Your father's brother has to file the estate tax return in the US

[@cyrilunlimitedcards]

How about if I am a resident of another country and currently working outside of the country(not resident) but not U.S.? Should I still use PH as my established country right?

[@CloudExpatTax]

Use yr resident country

[@riseofatlas7969]

hi mate, can u tell me is the tax number of your country must be on this document? Thanks

[@CloudExpatTax]

no it's not.

[@yourkarma7012]

Is this a two way tax? 15% will be deducted when we get paid and again we need to show the income while return file and pay tax again?

[@CloudExpatTax]

No, when you file your taxes in your home country, you claim it as a credit.

[@yourkarma7012]

@@CloudExpatTax thank you! Also I won it as a competition and not income. Should I go for 30% tax or 15%?

[@CloudExpatTax]

@@yourkarma7012 15% should be good

[@sonalisrivastavabnk]

Hi Sir, this video is really good and informative. I am an intern at US based company. My internship is for ~90 days. I am in India and I will be working from home. In Part 2 section 10, the category for me what will it be? Will it be Independent Personal Service? what will be the percentage for it?

[@CloudExpatTax]

Will have to check this in more detail

[@dhroovm]

@sonali srivastava Which category did you end up putting on your W8-BEN form? Article 12 (Royalties and Fees for Included Services) or Article 15 (Independent Personal Services)?

[@sonalisrivastavabnk]

@@dhroovm I left it empty.

[@LuisGarcia-md7pw]

when does this form need to be submitted to the IRS? Me being the employer

[@CloudExpatTax]

employees fill it. it never goes to the IRS

[@rohitjoshi8341]

Thanks you sir...Im an Indian.. If USA payer (USA govt.) is deducting 15% of my each payments as an Individual freelancer, then can I submit these details of deduction to Indian Govt. To pay less tax in India or to get a rebate? Please let me know

[@CloudExpatTax]

Yes

[@bimxdesign]

Thanks for informative video. I have questions from your article/Video - 1. 'Failure to submit a Form W-8BEN could result in paying either the full 30% rate or the backup withholding rate. The Foreign Person must hand over this Form with all its details to the Withholding Agent. ' - This 30% withholding is by the payer (withholding agent) not by IRS, correct? If my US client didn't ask for it, then what should I do? Or if I forget to give my client? 2. 'This form does not go to the IRS, instead it goes to the US Financial Institutions who are FATCA Compliant. This Form is needed by the Payor and it’s their responsibility to make sure these Forms are completed properly.' - I am confused then why its mandatory to give to payer when its not needed to be submitted to IRS?? Does my clients need to submit to any institution other than IRS or keep it until IRS/other institution asks for it?? Thanks a lot for answering my questions.

[@CloudExpatTax]

If the US payor hasn't asked for it, then are they withholding any taxes? Cmg to second question, the US payor by law is required to withholding certain payments where the payment is fixed, determinable, annual and periodical like dividend rent etc....US source income, the payor could withheld upto 30%. If the IRS does find out that the payor fails to withhold, penalties will be imposed on them, payor.

[@StrangeWorldofVee]

for line 10, what if I am working from the US but not a citizen of US

[@CloudExpatTax]

Us resident will complete form w9, not this one

[@metztiluzproductions]

Hello, what if I’m self-employed? Do I fill this out and send to IRS? Otherwise if I’m not making any income that means that I don’t file annual tax return and so this W-8ben form would not be needed since no taxes are being withheld? Is that correct? Thank you!

[@CloudExpatTax]

This form never goes to the IRS. If you got no income, then the question of withholding doesn't come into picture

[@metztiluzproductions]

Thank you! so much for the quick reply, very much appreciate the help and information you provided. Have a great day!

[@nipunbaryah9294]

Thanks for a good informative video. But, I do have a question: I am solving math doubts remotely from India for a US company. So, I will come under which article and how much tax I am liable to? Is it article 15?

[@CloudExpatTax]

Independent personal services - Article 15 of India us treaty. It should be zero!

[@nipunbaryah9294]

@@CloudExpatTax okay thanks. And, what should i fill in the treaty reason section?

[@immortalamarian8532]

As a Californian National, should I put my SSN in box 5 or leave it blank?

[@CloudExpatTax]

This form is for foreign nationals

[@immortalamarian8532]

@@CloudExpatTax yes I am foreign to the U.S and not America

[@nitishsharma5901]

Hope you are well. I have a question. What if you have filled the W-8BEN as instructed but the client in US you are freelance consulting for from India, the client decide not to withhold fees as they pay consultants in full. How do you proceed in this situation ? Does this mean you have to file taxes for the withholding amount in US too ?

[@CloudExpatTax]

Nope.You pay taxes in India!

[@nitishsharma5901]

@@CloudExpatTax thank you for the prompt response. Appreciate the feedback

[@SatishKumar1991]

Thanks for the good informative blog. I'm from India and doing Freelance consulting in IT industry for US client and this video helped me a lot while filling the Form W-8 Ben. Just a question in this Form can we keep our friends / relatives PANCARD and other details so that they can file the ITR and get that amount in returns?

[@CloudExpatTax]

No use your ids

[@sauravmittal332]

Thanks for Information, I do work in Digital Marketing as a freelancer for a Foreign country. I saw other videos also in them some of them are left blank in 9 and 10. Is it compulsory to fill or do we leave it blank? I am very confused. Please help me

[@CloudExpatTax]

You can check with your provider on what they recommend

[@dixithreddy7643]

Thanks for the info, we are USA based company and we have contractors in india which I would pay them for there recruiting services. So in Part 2 , what would be special rates ? Is it same 15% ?

[@CloudExpatTax]

If the type of services classify as independent personal services article 15, then no taxes should be withheld

[@iwindzgaming7063]

Is this form is very much necessary or not?And also For that part 2 area is it necessary to fill that no.10? Some says its not necessary

[@CloudExpatTax]

Yes, It's necessary for the person requesting you or paying you. Else they may be forced to withhold 30% by default.

[@iwindzgaming7063]

i have some other queries can i know ur Instagram sir?

[@teodoramihai9424]

Hello, I am a non resident alien and I have been paid by an american business for my service. It was a one time payment, using the platform Payoneer. I completed the W8-ben form and I want to close that account and withdraw the money. Do I manually need to pay the tax from the income or is it paid automatically? Also do I need to make modifications if I want to come to the US through the Work and Travel programme? Thank you and I am waiting for your response

[@CloudExpatTax]

No taxes would be applicable here

[@teodoramihai9424]

@@CloudExpatTax thank you

[@mitchyshopp]

my country isnt on the tax treaty table

[@CloudExpatTax]

Lucky you!

[@zaidahmed5218]

Hi, Does a person based out of India, earning income from the US as a freelancer and who has filled out the W-8BEN form, have to pay taxes in India as well?

[@CloudExpatTax]

You always pay taxes in the country of your residence!

[@zaidahmed5218]

@@CloudExpatTax Thanks for letting me. Assuming Indian Tax rate is 30% Lets say a freelancer salary is 1 Cr. 15% Tax is withhold by US govt. Would the tax be 30% of 85 Lakh(1Cr-15%) or 15(Remaining 15% of 1Cr?

[@deepabada6450]

Hi Sir, I am from India, working and staying in Chicago. My current visa status is H1B. I am not sure if I should be filing w9/w8-8 BEN, should I be considered as USA resident for tax purpose.

[@CloudExpatTax]

Yes you are us resident for tax purposes. Your worldwide income is subjected to us taxes. If you have foreign assets in yr home country, you must file FBAR as well.

[@deepabada6450]

@@CloudExpatTax Thanks for the reply !!

[@deepabada6450]

@@CloudExpatTax I have a follow up question. I have referred another video of your's kzbin.info/www/bejne/Z2quhqiNj9KEZ6s This says F1 are exempted individuals for first 5 years. My Visa timeline is as follow: F1: Aug 2019 - Sep 2021 - 2.1 years (Exempt Individual) H1B : Oct 2021 - present - 9 months. For Substantial present test, as of my knowledge I should not be counting days from F1 Visa. Since I am in USA for only 9 months on H1B visa, I doubt if I come under resident. As I fail to meet requirements for substantial present test. Please correct me if my understanding is wrong !!

[@durgeshvj4749]

i am an indian resident, i have a funded account with US trading prop firm Apex trader funding, i am an independent contractor, i have earned decent profits in last 7 months, prop firm had taken W-8BEN from me when i started trading do i need to show profits in india? file an itr?? how much tax wud be payable for 19k dollars profits?? which itr shud i file?

[@CloudExpatTax]

Indian resident will pay taxes in India on their ITR.

[@sstrading-q8n]

Hey, I'm an independent contractor too for a different firm, I need to submit this form as well, can you tell me if you filled the same as in the video for Part 2 Line 10.

[@nishantpalla4580]

Hi sir, I have a property in India and I am Indian who rent that property through a Texas based portal called VRBO that just works like Airbnb and I was asked by them to fill W-8BEN form to disburse the amount to my account paid by guest. I am consulting many but couldn't derive any clarity for Line 10. Can you kindly help me which article and para should I mention and what % should I write there and how to explain them? I pay my taxes in India so want to use DTAA and evade this. That would be of great help if you could answer it as I am tired with this asking this to many people .

[@CloudExpatTax]

Will have to check....is it a us property?

[@nishantpalla4580]

@@CloudExpatTax No, the property is in India. I am the owner of a house that is listed on VRBO which just operates like Airbnb, guests book my property from US and stay here through VRBO. Kindly help me regarding this, that would be of great help ever!

[@lakshaymaini]

I want to enquire about Part 2 point 10, I earned Income from Hackathon so what do I have to fill in that ? Bdw Awesome Work!

[@CloudExpatTax]

Thanks for watching our Video. Put commissions along with the treaty number n rates based on yr country

[@wesleykendall629]

Thanks

[@gdgd730]

Thank you so much, this video is super helpful. I am using a freelance platform based in the USA to invoice. I am a freelancer offering services like design and content creation. I am a resident of Italy. According to the tax treaty between USA and Italy, I think I fit in Article 14? Is it correct I fill in like this: The beneficial owner is claiming the provisions of Article and paragraph: 14 1. (Is it 1. a or b?) of the treaty identified on line 9 above to claim a % rate of withholding on (specify type of income): Commissions Explain the additional conditions in the Article and paragraph the beneficial owner meets to be eligible for the rate of withholding: Beneficial Owner has permanent establishment in Italy and all work is performed in Italy as per Article 5 --- ARTICLE 14 Independent Personal Services 1. Income derived by an individual who is a resident of a Contracting State from the performance of personal services in an independent capacity shall be taxable only in that State unless such services are performed in the other Contracting State and a) the individual has a fixed base regularly available to him in that other State for the purpose of performing his activities, but only so much of the income as is attributable to that fixed base may be taxed in that other State; or b) the individual is present in that other State for a period or periods aggregating more than 183 days in the fiscal year concerned. Thank you so much! 🙏🙏🙏