To get my fee, should I fill out W-8, W-9 or US S corp form

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bizdriver
Posts: 10
Joined: Thu Nov 22, 2012 6:51 pm
Location: Ontario

To get my fee, should I fill out W-8, W-9 or US S corp form

Post by bizdriver »

Wow, how complex. Which one of these forms is the appropriate / legal / tax efficient one to send? I'm a Canadian citizen, moved back to Canada last year, after 12 years living/working in the US as a green card holder. I still have the green card (it hasn't been extended, expired, revoked etc). And I'm likely to move back to the US in 2013.

In the interim, when I travel to the US, speak and receive an honorarium, the payers want me to fill out a form to be paid. Which one?

1) fill out W-8BEN and have 30% tax deducted? That stinks!
2) fill it out with my US SSN ? That seems inappropriate since I live in Canada at the moment.
3) Have the check made out to our US S Corp my Husband and I have had for years. This seemed easiest, but I've now read on this forum that S corps cannot have non-US Cit/Non-resident shareholders. Is this route more legit, if my husband (US Citizen) removes me as a shareholder. Can I still have a check for my speaking fee sent to the US S corp, if I'm, say, an employee, instead of a shareholder?

Don't want to do anything tricky, just mind-boggled at how to reply legally/correctly?
nelsona
Posts: 18676
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

This is not complicated. You are not a foreign person, so W8-BEN doesn't apply to you. Doesn't matter where you live.

You fill in W-9. Period.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
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