Quote:
Originally Posted by Wizzo
non-US should have to fill out a w-8 not w-9 and its not so much about you but to show where their money went.
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That's not entirely correct.
US based affiliates need to fill out a W9 form.
W8 (BEN) forms are for foreign affiliates that have what the IRS calls "US activities". This means that if a foreign affiliate owns property in the US or has a bank account in the US or has employees in the US,... he needs to fill out a W8BEN form.
If the foreign affiliate is not a US citizen and has no property in the US and has no employees in the US (etc), the W8BEN form does not apply to him. In that case, the foreign affiliate should not fill out a W8BEN form (because that form simply does not apply to him and there's no section in that form for him to fill out).
What I (as a non US based affiliate with no US activities) usually do, is print a statement saying that "I certify that I do not own any property in the US. etc". I sign it, date it and scan it.
Affiliate programs that still refuse to pay after having received a statement like that either have no idea what they are doing or are committing fraud.
note: registering domains with a US based registrar, renting server space in the US etc is not the same as "owning property in the US". However,r if a foreign affiliate buys a server in the US, he will have to fill out a W8BEN form (when US based affiliate programs ask for it).