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Subject Author Date
I need a little help with W-7 form Frank 10-04-2008
Posted by Frank on October 4, 2008, 3:32 pm
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Hello from Japan,

I'm an independent musician and wish to join a performing right
organization in the USA. They ask me to fill a W7 form (and later a
W-8BEN) form to get a US tax number.

I'm a bit puzzled by the form and would like to get some help (please
note: I've tried to contact IRS by phone but, considering the time
difference, been unable to reach them so far).

1) Since my music is still unpublished, I have no royalty or any kind
of revenue for the moment.
Should I check
a - Nonresident alien required to obtain ITIN to claim tax treaty
benefit
or
b - Nonresident alien filing a U.S. tax return

I think it's A because I have no revenue and so no tax return to fill,
but I don't want to make any mistake.

2) Maybe more difficult. I'm living in Japan. I'm married to a
Japanese citizen and have permanent residency. But I'm not Japanese,
I'm Swiss citizen.
on form W7, it is asked
Additional information for a and f: Enter treaty country and treaty
article number
Should I enter my country of residence (Japan) or my country of
citizenship (switzerland)?
Where to find the treaty article number?

Thanks for the help. I'm once again sorry to post these questions
here, as it would be much easier to directly talk to the IRS. But I
really was unable to reach them.

Frank

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Posted by tempuser on October 4, 2008, 4:10 pm
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Frank wrote:
> Hello from Japan,
>
> I'm an independent musician and wish to join a performing right
> organization in the USA. They ask me to fill a W7 form (and later a
> W-8BEN) form to get a US tax number.
>
> I'm a bit puzzled by the form and would like to get some help (please
> note: I've tried to contact IRS by phone but, considering the time
> difference, been unable to reach them so far).
>
> 1) Since my music is still unpublished, I have no royalty or any kind
> of revenue for the moment.
> Should I check
> a - Nonresident alien required to obtain ITIN to claim tax treaty
> benefit
> or
> b - Nonresident alien filing a U.S. tax return
>
> I think it's A because I have no revenue and so no tax return to fill,
> but I don't want to make any mistake.
>
> 2) Maybe more difficult. I'm living in Japan. I'm married to a
> Japanese citizen and have permanent residency. But I'm not Japanese,
> I'm Swiss citizen.
> on form W7, it is asked
> Additional information for a and f: Enter treaty country and treaty
> article number
> Should I enter my country of residence (Japan) or my country of
> citizenship (switzerland)?
> Where to find the treaty article number?
>
> Thanks for the help. I'm once again sorry to post these questions
> here, as it would be much easier to directly talk to the IRS. But I
> really was unable to reach them.
>
> Frank
>
I am confused by the set of facts. If you intend to perform in
the U.S., you will need the proper visa and a US social security
number. You can't perform services in the US with an ITIN. An
ITIN would be required if you were a nonresident alien of the US
with taxable US source income other than services you perform in
the US.
Please repost and tell us why you have been asked to obtain an ITIN.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Frank on October 5, 2008, 8:16 pm
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Hi!

Don't be confused by the word "perform" in "performing rights". It
doesn't mean one performs in public. Performing rights organizations,
such as ASCAP or BMI, gather royalties each time one's song is
- performed in public (eg: concert), by the original composer OR any
third party
- played on the radio
etc...

I intend to join BMI. Here's a link to a page on which they explain
what they do exactly
http://www.bmi.com/about/?link=footer

Since they are based in the USA, they require non-US citizens/
residents to obtain a ITIN before joining.

Frank

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Condor on October 5, 2008, 9:38 pm
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> I intend to join BMI. Here's a link to a page on which they explain
> what they do exactly
>
> http://www.bmi.com/about/?link=footer
>
> Since they are based in the USA, they require non-US citizens/
> residents to obtain a ITIN before joining.

Effective in 2004, IRS generally restricted issuing ITINs to taxpayers who
need an ITIN in order to file a U.S. tax return. The ITIN regulations
published in Notice 2004-1, dated January 12, 2004, allow an exception for
ITINs to be issued to applicants who require one in connection with a U.S.
account that produces income. See Section 3, "Form W-7 and Accompanying
Instructions."

http://www.irs.gov/pub/irs-drop/n-04-1.pdf

I recommend you utilize the services of an IRS approved "Acceptance Agent."
An Acceptance Agent is authorized to verify your authenticating documents,
i.e., passport, etc., certify that he or she has done so and immediately
return them to you. If you try to prepare and file Form W-7 yourself, you
will have to send IRS your original passport and another original piece of
identification and hope they don't get lost in the bureaucracy. Go to the
link below for more information about about the Acceptance Agent program.

http://www.irs.gov/individuals/article/0,,id=96304,00.html

There are 4 Acceptance Agents in Japan.


Condor

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Frank on October 6, 2008, 11:01 am
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> I recommend you utilize the services of an IRS approved "Acceptance Agent."
> An Acceptance Agent is authorized to verify your authenticating documents,
> i.e., passport, etc., certify that he or she has done so and immediately
> return them to you.  If you try to prepare and file Form W-7 yourself, you
> will have to send IRS your original passport and another original piece of
> identification and hope they don't get lost in the bureaucracy.  Go to the
> link below for more information about about the Acceptance Agent program.

Hi!

Yes, I had found this info when checking IRS website. But they are of
no help. One must go to their office and I'm living too far away for
that.
About passport, I can have it notarized by the American Consulate in
Osaka, it just costs 3.000Y. Unfortunately their is no support service
for tax-related questions.
So my problem is the same: how to fill this form?

I just had an answer from Amazon.com. I'm planning on joining their on-
demand publishing service called CreateSpace. Same thing, they ask for
a ITIN and told me I must fill form W7 form to get one.

I'm starting to lose hope on that one...

Frank

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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