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W-8BEN or W-9 for foreigner owner of single-member LLC

Asked by: Ally Shaw  — 30 January, 2013


I am from Pakistan and promote different products on my website and get affiliate commission in return.

I recently formed a single-member LLC in Wyoming. Prior to forming LLC, I used to fill out W-8BEN with affiliate networks to avoid tax with-holding. I want to ask if forming an LLC changes my status which requires me to file W-9 instead? I’ve never travelled to United States, nor have any establishment here other than the LLC which I got registered via online service.

Answered by: admin  — 30 January, 2013


As long as your LLC is a disregarded entity, then you will continue to complete a W8-BEN for federal tax purposes. As long as your status stays the same, your federal tax reporting will not change, but your LLC will be subject to filing an annual franchise tax return and potentially sales tax in Wyoming.

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