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nodarai
Community Member

Which tax form to fill for non US LLC

Hello,

I'm registeres on Upwork as a freelancer and would like to use my LLC.
How do I fill the tax information?

I know that I need to fill-in the W8BEN form as a non-US person, but is it the same form form for the non-US LLC?

From the information that I have found, for the LLCs the form is W8BEN-E but that form is not mentionned on the "Tax Information" page on Upwork.

ACCEPTED SOLUTION
VladimirG
Community Manager
Community Manager

Hi Nodar,

 

I'd like to clarify that the purpose of the W-8 form on Upwork, under Settings> Tax Info is to confirm you're not a US taxpayer. You can use your own legal name as it appears in your passport or other official documents or your company name.

 

If you have questions about reporting your Upwork income to your country's tax authorities please consult a local legal advisor.

~ Vladimir
Upwork

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5 REPLIES 5
g_vasilevski
Retired Team Member
Retired Team Member

Hi Nodar,

 

To learn more about the W-8BEN for and how to fill it out, check out this Help Article. I`m not sure what you meant by non-US LLC, but you can add your full legal name or your company name in the form and save it. Thank you.

~ Goran
Upwork

Hi Goran,

Thank you for your answer.

By non-US LLC I mean a company that is registered in a country that is not US.

 

Selection_004.pngThe first sentece in the W-8BEN forma says: "For use by individuals. Entities must use form W-8BEN-E" but the linked Article does not mention that.

So if I want to withdraw the funds from my Upwork account to my company's account should I indicate the company's name or my personal name in the "Tax Information" page?

VladimirG
Community Manager
Community Manager

Hi Nodar,

 

I'd like to clarify that the purpose of the W-8 form on Upwork, under Settings> Tax Info is to confirm you're not a US taxpayer. You can use your own legal name as it appears in your passport or other official documents or your company name.

 

If you have questions about reporting your Upwork income to your country's tax authorities please consult a local legal advisor.

~ Vladimir
Upwork

Hi Goran V, VladimirG

By non-US LLC he meant non-US resident who is US LLC owner.


Actually LLC owner (US or non-US) will be the disregarded entity in case you're sole owner (owing 100% units of entity). And in case you're non-US owner then you're about to fill W-8BEN (for individuals) as you're disregarded entity. Explanation: How to Complete Form W-9 or Form W-8BEN for a Foreign Owned Single Member LLC?  

However when you do taxes you have to fill two more other forms as explained here What Forms Do Foreign-Owned Single Member LLCs Have to File? 

Note also, as per LLC Taxation for Non-US Residents 
If the LLC generates non-US sourced income, the LLC owner pays no income tax, LLC members pay no income tax.

hamzaben-
Community Member

I have a similar issue, my question is that when I fill my tax information, it asks me if I am a US person or non US person. I pressed on non US person with a federal tax classification as corporation for (LLC), but I am unable to find United States in the country of incorporation. 

 

My status is that I am a non us person, LLC owner in USA.

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