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Illustrator: W8BENs, ITINS for U.S client

Discussion in 'Accounting and Legal' started by pencilpusher, Jul 26, 2017.

  1. pencilpusher

    pencilpusher New Member

    Hello fellow freelancers!

    I've seen a few threads around this topic, but not specific to my situation, so I'm posting here in hope of some help! I'm a freelance illustrator/author, with a children's book deal via a literary agent in the U.S. Hurrah! Except my literary agent is now asking me to fill in a W8BEN form (so I don't get 30% of my money witheld for U.S tax.) So far, so good. I've used a W8BEN form before with one-off commision clients in the U.S, with no problems. However the literary agent wants me to supply an ITIN number, which I don't have, sounds impossible to get, and have never needed before. They want this for the W8BEN form, (that I fill in) and a 1042 form (that they fill in).

    According to how I'm reading the instructions on these forms, I can use my foreign tax number (my Unique Tax Reference, according to HMRC) on them instead, but agent believes otherwise. but attempts to research further on the IRS website only lead to more confusion, as the IRS website is a baffling labyrinth of legalese. My research leads me to believe that recent changes to U.S law means I don't need a ITIN, as I should not be doing a federal tax reserve- which is apparently what you get an ITIN number for? I'll be doing all the work here (is this foreign-sourced?) but the books will be sold in the U.S (US-sourced?) or hopefully worldwide. (I wish)

    As you can tell, I am now utterly confused. Does anyone have any advice? Any apologies for this enormous forum post.

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