W-8BEN? What's the tax from selling my software to a U.S. company, from abroad?
You should not form a company in the U.S. simply to get the identification number required for a W-8BEN form. By establishing a U.S.-based company, you'd be signing yourself up for a lot of additional hassle!  You don't need that.  You're a European business, not a U.S. business.  Selling into the U.S. does not require you to have a U.S. company.  (You may want to consider what form of business you ought to have in your home country, however.) Anyway, to address your immediate concern, you should just get an EIN only.  See businessready.ca - what is a W8-BEN?.  Quote: [...]   There are other reasons to   fill out the W8-BEN but for most of   you it is to make sure they don’t hold   back 30% of your payment which, for a   small company, is a big deal. [...]   How do I get one of these EIN US taxpayer identification numbers? EIN stands for Employer Identification   Number and is your permanent number   and can be used for most of your   business needs (e.g. applying for   business licenses, filing taxes when   applicable, etc).  You can apply by   filling out the Form SS-4 but the   easier, preferred way is online. However, I also found at IRS.gov - Online EIN: Frequently Asked Questions the following relevant tidbit: Q. Are any entity types excluded from   applying for an EIN over the Internet?   A. [...]   If you were incorporated outside of the United States or the U.S.   territories, you cannot apply for an   EIN online. Please call us at  (267)   941-1099 (this is not a toll free   number) between the hours of 6:00 a.m.   to 11:00 p.m. Eastern Time. So, I suggest you call the IRS and describe your situation:  You are a European-based business (sole proprietor?) selling products to a U.S.-based client and would like to request an EIN so you can supply your client with a W-8BEN. The IRS should be able to advise you of the correct course of action. Disclaimer: I am not a lawyer.  Consider seeking professional advice. I realize this is a stale topic, but to anybody who may swing by looking for an answer to this question (on the recently revised W-8BEN), a foreign taxpayer can get an individual taxpayer identification number (ITIN) without being resident in the US.  However, an ITIN will often not be necessary for W-8BEN purposes if you have a tax number from your local jurisdiction.  Check the Form W-8BEN instructions for your specific situation, but some taxpayers will need neither a US-issued ITIN nor a foreign-issued TIN. Forming a Delaware or Nevada LLC would be expensive and generally subject to federal and state tax and filing obligations.  It would also moot the need for a W-8BEN, which only applies to foreign taxpayers; the equivalent form for domestic taxpayers is Form W-9.
"As you said, in the US LLC is (usually, unless you elect otherwise) not a separate tax entity. As such, the question ""Does a US LLC owned by a non-resident alien have to pay US taxes"" has no meaning. A US LLC, regardless of who owns it, doesn't pay US income taxes. States are different. Some States do tax LLCs (for example, California), so if you intend to operate in such a State - you need to verify that the extra tax the LLC would pay on top of your personal tax is worth it for you. As I mentioned in the comment, you need to check your decision making very carefully. LLC you create in the US may or may not be recognized as a separate legal/tax entity in your home country. So while you neither gain nor lose anything in the US (since the LLC is transparent tax wise), you may get hit by extra taxes at home if they see the LLC as a non-transparent corporate entity. Also, keep in mind that the liability protection by the LLC usually doesn't cover your own misdeeds. So if you sell products of your own work, the LLC may end up being completely worthless and will only add complexity to your business. I suggest you check all these with a reputable attorney. Not one whose business is to set up LLCs, these are going to tell you anything you want to hear as long as you hire them to do their thing. Talk to one who will not benefit from your decision either way and can provide an unbiased advice." Since you're a US citizen, submitting W8-BEN was wrong. If you read the form carefully, when you signed it you certified that you are not a US citizen, which is a lie and you knew it. W9 and W8 are mutually exclusive. You're either a US person for tax purposes or you're not, you cannot be both. As a US citizen - you are a US person for tax purposes, whether you have any other citizenship or not, and whether you live in (or have ever been to) the US or not. You do need to file tax returns just like any other US citizen. If you have an aggregate of $10K or more on your bank accounts outside of the US at any given day - you need to file FBAR. FATCA forms may also be applicable, depending on your balances. From foreign banks' perspective you're a US person, with regard to their FATCA obligations. Whether or not you'll be punished is hard to tell. Whether or not you could be punished is easy to tell: you could. You knowingly broke the law by certifying that you're not a US citizen when you were. That is in addition to un-filed tax returns, FBAR, etc etc. The fact that you were born outside of the US and have never lived there is technically irrelevant. Not knowing the law is not a reasonable cause for breaking it. Get a US-licensed tax adviser (EA/CPA licensed in the US) to help you sort it out. Does my prior answer here to a slightly different question help at all? Are there capital gains taxes or dividend taxes if I invest in the U.S. stock market from outside of the country? If you're waiting for Apple to send you a 1099 for the 2008 tax season, well, you shouldn't be. App Store payments are not reported to the IRS and you will not be receiving a 1099 in the mail from anyone. App Store payments are treated as sales commissions rather than royalties, according to the iTunes Royalty department of Apple. You are responsible for reporting your earnings and filing your own payments for any sums you have earned from App Store.   – https://arstechnica.com/apple/2009/01/app-store-lessons-taxes-and-app-store-earnings The closest thing to sales commissions in WA state seems to be Service and Other Activities described at  http://dor.wa.gov/content/FileAndPayTaxes/BeforeIFile/Def_TxClassBandO.aspx#0004. When you dig a little deeper into the tax code, WAC 458-20-224 (Service and other business activities) includes: (4) Persons engaged in any business activity, other than or in addition to those for which a specific rate is provided in chapter 82.04 RCW, are taxable under the service and other business activities classification upon gross income from such business.   - http://apps.leg.wa.gov/wac/default.aspx?cite=458-20-224 I am not a lawyer or accountant, so caveat emptor. "Donate buttons are meaningless with regards to taxes. This is payment for something you provided, and you cannot claim that you've received a gift. Any money you receive in this way is payment for your software. Remember, for gifts - no consideration should have been provided to the donor. Anything for which a consideration was provided - cannot be a gift. In your case the consideration is the software, and it's value is the amount you were paid. Since every person can decide how much to pay you on his own - any payment is for the software, not a gift. Any money you get is taxable to you, and you cannot claim it as ""gifts"" without exposing yourself to risks of making fraudulent claims. Consult a licensed tax adviser (EA/CPA licensed in your State) for a qualified tax advice." I agree with Joe, having the money deposited to the US bank account may land you in trouble. Technically, a US business paying a foreigner must withhold 30% of the payment, unless a tax treaty says otherwise. The US business should do that based on your W8-BEN/W8-ECI form that you should have given to the business before being paid. I'm guessing, that by paying to your US bank account, you (and your American counterpart) are trying to avoid this withholding. That may cause trouble for both of you. I would suggest you talking to a professional (EA/CPA licensed in the State where the business is located) and having the situation resolved ASAP. You may not be liable for the US taxes at all, but because of incorrectly reporting the income/expense - you and the US business may end up paying way more than the $0 you otherwise would have, in penalties. I believe I have to pay taxes in US since it is a US broker. No, not at all. The fact that the broker is a US broker has nothing to do with your tax liabilities. You should update the banks and the broker with your change of status submitting form W8-BEN to them. Consult a tax professional proficient with Indo-US tax treaty as to what you should put in part II. The broker might withhold some of your income and remit it as taxes to the IRS based on what you put in W8-BEN and the type of income, but you can have it refunded (if it exceeds your liability) by submitting a tax return (form 1040-NR). You do have to pay tax in India, based on the Indian tax law, for your profits in the US. Consult with an Indian tax accountant on that. If I'm not mistaken, there are also currency transfer restrictions in India that you should be aware of. "Earned income is what your software is doing, so it is taxable.  So you can't really make it tax exempt. You can form a business and claim the revenues from that business as income and deduct expenses it costs you to earn that revenue.  If you buy a server to run your software, then that is an acceptable expense to deduct from your revenues.  Others can be more questionable and the best thing to do is to consult a CPA.   If you are still in the testing stage and the revenues will be small then it should not matter.  Worry about the important things, not if you paid the IRS a few hundred to much. Are you in a state/country that allows online gambling?  In most states here in the US you are operating on shaky legal ground.  Before ""Black Friday"" I used to earn a nice part-time income playing online poker." The US has a tax treaty with Ukraine (unlike Singapore), so you should be in a similar situation to Canadians etc. who choose to use a foreign broker.  You'll have to file a W8BEN to reduce withholding taxes, and they'll want identification documentation and so on, and I imagine they'll want a wire transfer to fund the account.  In many places now they are requiring permission to share information with the tax authorities in your home country (you waive your privacy), but that may not be true with Ukraine, and should not be a problem in any case if you're being upfront. Let me restate question for clarity. Facts: Question: Are there any taxes for this transaction? Answer: (Added improvements provided by Eric) Generally No. Generally, it is not considered income until you sell and the sale price is greater than the purchase price. But with currency differences, there is an additional complication, section 988 rules apply. It could result in ordinary income or loss. I thought the line is much blurrier than that though. Say you have a company with divisions. An overseas division makes an item, sells it to another division overseas for final packaging, then it's sold domestically. The domestic division should only pay taxes on the profits they earn, and overseas on the profits from what they ship.   But the company only wants to pay minimal taxes, so they set the foreign price high so that a majority of profits are made overseas. Who will argue that this isn't correct? Isn't that it? It's not foreign sales but interdivisional markup? Most countries tax income in its various ways, but not moving money. If this is a movement of already owned money, it is not tax-relevant. If it is a payment for services done, it is income, and it is the recipient's duty to pay taxes on it. Note that transferring large amounts of money (10k+) between countries can trigger a review, which - worst case - results in questions where it came from. The point of that is solely to verify it was legally earned money (not drug money or such). There is nothing to worry about if the money was legally earned. For tax optimization, cash is stored mostly overseas, according to the New York Times. For Apple, everytime a song or an app is bought in Europe, Africa or Middle East, money flows to iTunes Sàrl, in Luxemburg. Royalties on patents flow internally from Apple in California to Apple in Ireland. Then profits flow to the Carribean. The problem is that cash cannot be brought back to the USA without huge taxes. You can't currently avoid it. The reason the legislation was introduced was to prevent the big-name developers from setting up shop in a low-VAT country and selling apps to citizens of EU countries that would normally be paying a much higher VAT.  You need to register for VAT and file quarterly nil-returns so that you get that money back. It's a hassle, but probably worth it just to recoup those funds.  From an article in Kotaku from late 2014: You see, in the UK we have a rather sensible exemption on VAT for   businesses that earn under £81,000 a year. This allows people to run   small businesses - like making and selling games in your spare time,   for instance - without the administrative nightmare of registering as   a business and paying VAT on sales. Unfortunately, none of the other   EU member states had an exemption like this, so when the new   legislation was being put together, there was no exemption factored   in. That means that if someone makes even £1 from selling something   digital to another person in another EU country, they now have to be   VAT registered in the UK AND they have to pay tax on that sale at   whatever rate the buyer’s country of residence has set. That could be   25% in Sweden, 21% in the Netherlands, and so on. [...] There’s one piece of good news: even though anyone who sells digital   stuff now has to be VAT-registered in the UK, they don’t actually have   to pay VAT on sales to people in the UK if they earn less than £81,000   from it. (This concession was achieved earlier this month after   extensive lobbying.) But they’ll still have to submit what’s called a   “nil-return”, which is essentially a tax return with nothing on it,   every quarter in order to use the VAT MOSS service. That’s a lot of   paperwork. Obviously Brexit may have a significant impact on all this, so the rules might change.  This is the official Google Link to how they've implemented this and for which countries it affects: https://support.google.com/googleplay/android-developer/answer/138000?hl=en  Due to VAT laws in the European Union (EU), Google is responsible for   determining, charging, and remitting VAT for all Google Play Store   digital content purchases by EU customers. Google will send VAT for EU   customers' digital content purchases to the appropriate authority. You don't need to calculate and send VAT separately for EU customers.   Even if you're not located in the EU, this change in VAT laws will   still apply. "(Selling apps is AFAIK business, not freelancing - unless the type of app you produce is considered a freelancing subject. The tax office will give you a questionnaire and then decide).  As Einzelunternehmer, you can receive the payments for the apps to the same account where your wages go. However, there are lots of online accounts that do not cost fees, so consider to receive them on a separate account so you have the business and private kind of separate (for small Einzelunternehmer, there is no legal separation between business and private money - you have full liability with your private money for the business).  The local chamber of commerce can tell you everything about setting up such a business, ask them (you'll probably have to become a member there anyways). They have information as well on VAT (Umsatzsteuer, USt) which you need to declare unless you get an exemption (probably possible), and about Gewerbesteuer (the income tax of the business) etc. For the tax, you have ""subforms""  for the income tax e.g. for wages and for business income, so you just submit both with the main form. You'll get an appropriate tax number when registering the business.  Social security/insurance: as long as the app selling is only a side business, the social insurance payments for your main job completely cover the side job as well. You need to make sure that your employment contract is compatible with the app business, though.  A quick search indicates that there is a tax treaty between Germany and the Ukraine, Wikipedia says there are no contracts about social insurance in effect (yet)."