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Originally Posted by Barefootsies
If the affiliate program's C.P.A./Attorney say you must fill out whatever they say you must fill out, that is what you would be required to do,...
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Over the years, it has happened a couple of times that a program at first insists they need a w8 form form all foreign affiliates "because their accountant said they need it". When they eventually check things with their accountant, it always turns out that a w8 is only needed in very specific cases (as I described in this thread).
that's what I do when a program turns out to be engaging in fraudulent activities. When they refuse to pay foreign affiliates unless those affiliates sign a false statement.
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I would take the guidance of my accountant and attorney over some affiliate trying to 'school me' on international law, or their perception of such.
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Oh, I'm not trying to school you on international law. I'm pointing out a misconception about IRS requirements. And if you want to take this whole thing personal, as it seems to me you're doing, then so be it.
And for the record, I have discussed the different forms with my own accountant. He strongly advises against signing those w8 forms in my case because in my case they don't apply.
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In the end, it is my counsel signing my tax return, or defending me in regards to the IRS. If they were to tell me you as an international affiliate were to provide a copy of your legal I.D. docs, and sign some W-9, you would sign it or I would never approve you as an affiliate. If you were an affiliate and refused, I pay you whatever was remaining, and close your account.
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That's fair. You have the right to do business without whoever you want and you have the right to refuse to do business with whoever you want. And when, as you say, all remaining funds are paid, there's no problem.
What i was complaining about in this and a similar thread are programs that don't do the right thing and refuse to pay their affiliates. I'm sure you'll agree that THAT is shady.
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At the end of the day, I am not going to risk my business over one guy's interpretation of both U.S. and international law. That is why you pay counsel who specialize in such matters to handle it.
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Same here. I don't promote half of the EU based affiliate programs out there, because a surprisingly big part of them don't correctly apply the EU VAT directives. Being EU based myself, I don't risk doing business with them. When dealing with US based, I avoid those that require certain things from their foreign affiliates that my accountant calls risky.