tax for for non us residents

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Icecube

Icecube

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Mar 14, 2007
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I've used a CPM company, reached the minimum limit and requested the payment (I'm not looking to run them anymore)

they asked me to fill the tax form that for any non US person is the W8-BEN, that I have filled with all the other companies

the form they sent me is nothing like the standard W8-BEN form, here's what they want a NON US PUBLISHER to sign:
Please sign and testify to the following information. By clicking "Submit Form" below, you hereby testify, warrant and confirm that:
Publisher represents and warrants that it does not have any employees or equipment located in the United States ("U.S. Activities") that are involved in any way with the revenue that has been or will be earned by Publisher pursuant to the *********************. U.S. Activities include, but are not limited to:
  1. Owning a web server in the U.S.
  2. Owning a hosting service in the U.S.
  3. Employing anyone in the U.S. who is involved in:-(a)setting up Publisher's web server, hosting service, or website; (b) developing content for Publisher's website; (c)marketing to create a user base for Publisher's site; (d) telephone support for Publisher's site; (e) buying products for Publisher's site; or (f) maintaining Publisher's site.
Signature of Publisher or Publisher's duly authorized representative (Typing in your name acts as your signature)
Click to expand...
so basically they say I can't have a US hosting (thing that doesn't identify a business run in the US)

what should I do?
 


Do you own a web server, or do you rent one?

Not sure this is relevant but it may be an important distinction.
 
It doesn't make a difference read it closely and it states that if you own, if you employ, or if your do your primary business in the USA, I've seen tons of related TOS things by these companies and haven't ran into any serious issues with it.

I am a Canadian and even though 90% of my business comes from the US, I still don't employ anyone from the USA (Outsourcing doesn't technically mean you employ them), you lease/rent a service and do not own a hosting server in the USA (Unless I mistaken your last statement), and basically you should be fine and yeah it is a lot of bullshit, basically if your running your business outside the US and even though your profit comes from the US, they basically just want to tripple make sure for some odd reason your not in the US haha if that makes any sense what so ever.

Thats what the lawyers are for.
 
Plus, the US has tax treaties with most countries anyway, which says you won't be taxed twice, only in the country you reside in. So you should be fine. But check with your lawyer anyway if you feel uncomfortable signing it.
 
basically that thing says that I don't have a hosting service in the US, that is not true

what upsets me is that:
- they don't require publishers to sign this shit before running the ads, but only when you request the payment
- they want this crap signed in place of a real W8-BEN that just says I don't run a US based business and I'll pay taxes here

I think I won't get that money, I wouldn't like to have issues, nor minor ones, for just $50...it sucks anyway
 
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