UE based translator, W8-BEN, 1099-MISC
Thread poster: Magdalena Baranowska
Magdalena Baranowska
Magdalena Baranowska
Spain
Local time: 23:01
Polish to Spanish
+ ...
Apr 16, 2015

Dear all,
I have been working for a US-based company, they asked me to fill in W8-BEN and give my social security number; later on they sent me the 1099-MISC form. I'm not a Green Card holder, I live in European Union and I'm registered as a freelance translator in Spain.
Should I return taxes in US? NO, right?

If you collaborate with companies in US, do you introduce this information in any of the tax forms you present in Europe?

I will greatly appreciate
... See more
Dear all,
I have been working for a US-based company, they asked me to fill in W8-BEN and give my social security number; later on they sent me the 1099-MISC form. I'm not a Green Card holder, I live in European Union and I'm registered as a freelance translator in Spain.
Should I return taxes in US? NO, right?

If you collaborate with companies in US, do you introduce this information in any of the tax forms you present in Europe?

I will greatly appreciate your response!
Kind regards,
Magda
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indiralena
indiralena
Spain
Local time: 23:01
English to Spanish
+ ...
I was about to ask the same thing! Apr 22, 2016

Hi,

Sorry not to be of help, I was actually looking for the same information. I will stick around this thread to see if any answer comes up. Meanwhile, I'll keep researching. Hope to find some relevant info to share!


 
LEXpert
LEXpert  Identity Verified
United States
Local time: 16:01
Member (2008)
Croatian to English
+ ...
On the W8 Apr 23, 2016

The W8-BEN serves precisely for the agency to prove, if ever asked by the IRS, that to the best of their knowledge you are not a "US person" (which you self-certify on the W8) and therefore they do not need to withhold taxes for you. Otherwise, the agency simply keeps the W8-BEN on file. It also supports why they did not need to issue a 1099. It's interesting that they did issue a 1099, as it wasn't necessary, though there is probably nothing wrong with them issuing one to you anyway.

... See more
The W8-BEN serves precisely for the agency to prove, if ever asked by the IRS, that to the best of their knowledge you are not a "US person" (which you self-certify on the W8) and therefore they do not need to withhold taxes for you. Otherwise, the agency simply keeps the W8-BEN on file. It also supports why they did not need to issue a 1099. It's interesting that they did issue a 1099, as it wasn't necessary, though there is probably nothing wrong with them issuing one to you anyway.

The W8 asks for an ITIN, though people in the situation of a foreign translation vendor generally don't have one (it's a tax ID number for people who otherwise owe US taxes but are not eligible for a US social security number (SSN). It really only applies in very specific situations. If you don't have one, you just leave it blank and only fill out the general information in that section. Part of the problem with the W8 instructions is that they never make it clear that the ITIN only applies to a specific subset of people filling out the W8 and that you can simply leave that part blank if you are not one of those people.

You mentioned that they asked for a "social security number"? Did you provide any number? That part refers only to US SSN's, or an ITIN (if you have one or if applies, presumably not the case here).

HTH.
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UE based translator, W8-BEN, 1099-MISC







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