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I need a little help with W-7 form

Hello from Japan,

I'm an independent musician and wish to join a performing right organization in the USA. They ask me to fill a W7 form (and later a W-8BEN) form to get a US tax number.

I'm a bit puzzled by the form and would like to get some help (please note: I've tried to contact IRS by phone but, considering the time difference, been unable to reach them so far).

1) Since my music is still unpublished, I have no royalty or any kind of revenue for the moment. Should I check a - Nonresident alien required to obtain ITIN to claim tax treaty benefit or b - Nonresident alien filing a U.S. tax return

I think it's A because I have no revenue and so no tax return to fill, but I don't want to make any mistake.

2) Maybe more difficult. I'm living in Japan. I'm married to a Japanese citizen and have permanent residency. But I'm not Japanese, I'm Swiss citizen. on form W7, it is asked Additional information for a and f: Enter treaty country and treaty article number Should I enter my country of residence (Japan) or my country of citizenship (switzerland)? Where to find the treaty article number?

Thanks for the help. I'm once again sorry to post these questions here, as it would be much easier to directly talk to the IRS. But I really was unable to reach them.

Frank

Reply to
Frank
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I am confused by the set of facts. If you intend to perform in the U.S., you will need the proper visa and a US social security number. You can't perform services in the US with an ITIN. An ITIN would be required if you were a nonresident alien of the US with taxable US source income other than services you perform in the US. Please repost and tell us why you have been asked to obtain an ITIN.

Reply to
tempuser

I am confused by the set of facts. If you intend to perform in the U.S., you will need the proper visa and a US social security number. You can't perform services in the US with an ITIN. An ITIN would be required if you were a nonresident alien of the US with taxable US source income other than services you perform in the US. Please repost and tell us why you have been asked to obtain an ITIN.

Reply to
Tempuser

Hi!

Don't be confused by the word "perform" in "performing rights". It doesn't mean one performs in public. Performing rights organizations, such as ASCAP or BMI, gather royalties each time one's song is

- performed in public (eg: concert), by the original composer OR any third party

- played on the radio etc...

I intend to join BMI. Here's a link to a page on which they explain what they do exactly

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Since they are based in the USA, they require non-US citizens/ residents to obtain a ITIN before joining.

Frank

Reply to
Frank

Yes, I had found this info when checking IRS website. But they are of no help. One must go to their office and I'm living too far away for that. About passport, I can have it notarized by the American Consulate in Osaka, it just costs 3.000Y. Unfortunately their is no support service for tax-related questions. So my problem is the same: how to fill this form?

I just had an answer from Amazon.com. I'm planning on joining their on- demand publishing service called CreateSpace. Same thing, they ask for a ITIN and told me I must fill form W7 form to get one.

I'm starting to lose hope on that one...

Frank

Reply to
Frank

I just went to

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and searched on "example AND form w-7". The search returned filled in examples on Yale University's and the University of Texas websites. Here is a link to the UT example:

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I recommend you check box h (Other) and indicate your reason for applying for an ITIN either on the dotted line or in a separate statement. If you look in the instructions that follow the form, you probably qualify for exception 1, "Passive income..."

Condor

Reply to
Condor

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