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pilotman1
Returning Member

W-9 form requirement for Foreign owned Single member LLC

Hello, I am a Turkish citizen, I live in Turkey. I have a single member LLC company in the State of Wyoming, USA. Google and Apple required the W-9 form for me to sell paid subscriptions from my application, and when I told them that I had to send them the W-8 form as a foreign-owned single-member LLC, they insisted that I fill out the W-9 form and I filled out the W-9 form and sent it. Instead, I should have filled out the W-8 form. I was informed that I could be penalized because it would be a false statement. Also, since I filled out this form on the website, there were omissions and inaccuracies in some places. What should I do in this case? If I fill out and submit a new W-9 and W-8 form, will they forward the W-8 form to the IRS? What is the process? thank you.

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5 Replies
DaveF1006
Expert Alumni

W-9 form requirement for Foreign owned Single member LLC

 

As a non-U.S. resident who owns a foreign-owned single-member LLC, you should generally submit a Form W-8BEN (for individuals) or Form W-8BEN-E (for entities) to Google and Apple. This informs them that you are a non-U.S. person and certifies your foreign tax status for withholding purposes.

 

Submitting Form W-9 would misrepresent your tax status as if you were a U.S. person. However, this doesn't automatically result in penalties unless the IRS audits or identifies incorrect information. The sooner you act to fix this, the better.

 

Reach Out to Google and Apple: Inform them that you mistakenly submitted Form W-9 instead of the appropriate W-8 form. Provide the correct W-8 form (W-8BEN or W-8BEN-E) and ensure it includes accurate details about your company and tax status. You may download the form here.

 

There isn't an amendment process in correcting the W-9 form.  you will need to send in a W-8 BEN form and include a cover letter stating that W-9 was submitted by mistake and here is the W-8BEN form that should be submitted instead. I wouldn't depend on Google or Apple to do this for you.

 

 

 

 

 

 

 

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pilotman1
Returning Member

W-9 form requirement for Foreign owned Single member LLC

thank you for the information.
when I told apple that I was a foreigner and that I should not send the w-9 form, they told me that I had to send the w-9 form to activate my account no matter what. in this case, I had to send the w-9 form. so if I send the W-8BEN form, if I add to apple as a cover letter that the w-9 form should not be used. there is nothing to be afraid of, right? because in the same way, google wants me to send the w-9 form to activate my account. I guess I will have to fill out the w-9 form and send it to google and then fill out the w-8ben form and send it.

DaveF1006
Expert Alumni

W-9 form requirement for Foreign owned Single member LLC

Yes, keep a copy of all this paperwork. This includes the cover letters, instructions from Apple to send the W9 form, and all other important information to show you were careful in meeting all compliance requirements. 

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pilotman1
Returning Member

W-9 form requirement for Foreign owned Single member LLC

Thank you very much for your answers. where can I find a cpa to help me fill out the w-9 and w-8ben form correctly for a reasonable fee? does turbotax provide this service?

DaveF1006
Expert Alumni

W-9 form requirement for Foreign owned Single member LLC

Yes, you can sign up for Live Tax Advice in both the TurboTax Online or software versions. If online. 

 

  1. Sign in to TurboTax and open or continue your return.
  2. Select Live Tax Advice.
  3. Select Upgrade.

For the software, the Live Tax Advice appears on the top right of the page as soon as you open your return.  The fee is $60.

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