How this UK author got her ITIN

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The following is copied directly from my blog, linky here. If you think it'll help other UK-resident authors you know, feel free to pass the link around.

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For a few months now I've been chasing the elusive ITIN (Individual Taxpayer Identification Number) from the IRS and now I have it, I thought it would be useful to blog about the process. It might help other UK residents.

So. Back in August I sold By the Book to Loose Id and thought all I had to do was send them a polished manuscript and wait for les munniez to roll in. Ha!

Due to the way this particular publisher works when it comes to coughing up said munniez, I needed to prove to the IRS that I was a non-resident alien, specifically a permanent resident of the United Kingdom, even though I'm technically employed by an American publisher. If I didn't, my publisher would be required to act as a 'withholding agent' and withhold 30% of my royalties, pay it to the American tax man, and send me the remaining 70%. An American publisher pays my royalties, so until I prove my residency abroad, Uncle Sam takes his cut.

As if that wasn't enough, when the cheque eventually made it overseas to yours truly, I'd be taxed on 100% of my earnings - not 70%.

Reason enough to search out the elusive ITIN.

And this is how I did it.

Firstly, I had to let my publisher know I required a supporting letter. This is nothing more than a letter from them confirming that this person is contracted to Loose Id, and is a non-resident alien. You need the original letter, no photocopies or printed-out emails. Remember to ask them to send the letter snail mail.

The accounting department of Loose Id emailed me with a photocopy of the letter they'd be sending, along with .PDF files of forms W7 and W-8BEN from the IRS, with instructions for both. Bear with me; they come into play later.

After a week or so, the hard copy of the supporting letter arrived. Then comes the confusing part - filling out form W7. The .PDF file I received was 'editable' if that's a word, meaning I could type most of my details into the file and re-save it under another file name.

This is how I went about it, but remember the following is only applicable to UK residents. If you are from another part of the world, double check all details, especially the treaty number.
  1. Tick box a: Nonresident alien required to get ITIN to claim tax treaty benefit.
  2. Tick box h and write/type: exception 1 (d) royalty income in the space provided.
  3. Directly underneath this, remember to type in the treaty country: United Kingdom (I always spell it out just to be on the safe side) and the treaty article number: 12. Note this only applies to the United Kingdom. Different country, different treaty article number.
  4. I filled in part 1a, my birth name. 1b didn't apply as my name has never changed.
  5. Part 2, my address, is self-explanatory.
  6. Part 3 I left blank, as I'd already filled in my address in part 2. My postal address is no different to my resident address.
  7. Part 4, birth information: Remember to fill this in, in the American style. MM/DD/YYYY. Country of birth? Yes, the UK has individual countries, but don't put Scotland, Wales, England, Northern Ireland, whatever. You write what's on your passport - United Kingdom. You can be more specific where it asks for city/state/province if you so desire. I typed my specific country of birth and residence here.
  8. Part 5? Are you male or female? Hopefully you know the answer to this one.
  9. Part 6a: Country of residence? Again, United Kingdom. 6b Foreign tax I.D. number (if any): here I typed my National Insurance number. 6c I left blank. For 6d I ticked 'passport'. This comes into play later, so pay attention. 6e, I ticked 'no'. 6f and 6g I left blank.
  10. I then printed out the entire document and signed it in the (amazing, this part) SIGN HERE space, added the date - again, remember, American style - and added my mobile phone number, as I don't have a landline. The code for the United Kingdom is +44. This counts as the first '07' of your mobile number, so if your number starts off 07123, you'd put +44 in the area code space, followed by 123, then the other six digits of your phone number.
That's form W7 dealt with.

I sent it, my supporting letter and my passport special delivery to this address:

Internal Revenue Service
American Embassy
24 Grosvenor Square
London W1A 1AE
United Kingdom

Why special delivery? It costs about £5 but the contents of the envelope are insured up to a value of roughly £100, and with my passport going walkabout, it was well worth it. It just wasn't possible or cost effective for me to travel all the way down to the American Embassy in London, so I had to do everything by post.

The envelope needs to be signed for at the other end, and you can track delivery online. There's no need for a covering letter; the presence of the W7 makes it clear why you're contacting them.

After around a fortnight, my passport was sent back, also special delivery, meaning I had to sign for it at my end.

Then I waited...

...and waited...

...and waited.

A few days ago I received a letter from the IRS Headquarters in Texas confirming they'd assigned me an ITIN. (The American Embassy send your passport back to you after confirming you're a UK citizen and resident, then forward the letter and W7 to the IRS). It took nearly three months, but was worth it in the end. Remember - this is all to ensure I get 100% of my royalties, instead of 70%.

Take a deep breath. We're nearly done.

I then had to fill out form W-8BEN, which the accounting department of Loose Id also kindly sought out for me and emailed me.
  1. Part 1: Name. Self-explanatory.
  2. Part 2: I left blank.
  3. Part 3: I ticked the box marked 'individual'.
  4. Part 4: My address. Easy.
  5. Part 5: Mailing address, if different from above. I left this blank.
  6. Part 6: U.S. taxpayer identification number: Here I typed the ITIN exactly as it appeared in the letter from the IRS: three digits, dash, two digits, dash, four digits. I ticked the box marked 'SSN or ITIN'.
  7. Part 7: I left this blank.
  8. Part 8: This asks for a reference number. Your publisher may or may not have one for you; it's okay to leave this blank as they can later add any reference or code they use for your files/details. This is what I did.
  9. Part 9: I ticked 'a' and typed that I was a resident of the United Kingdom. I also ticked 'b' to confirm I had detailed my ITIN, above.
  10. Part 10: Special rates and conditions. In the first blank space I typed 12 for the treaty article number applying to the UK. In the second blank space I typed 0 to indicate there should be a 0% withholding of my royalties. In the third blank space I typed royalties to confirm the type of income I'm referring to. In the fourth, where it asks for a reason, I typed Permanent resident of the United Kingdom.
I then printed out the form, signed it at the bottom and dated it, again, MM/DD/YYYY.

Actually I printed out two copies because I'm paranoid about one being damaged in transit or having coffee spilled over it or somesuch...and posted it (them) airmail to the accounting department of Loose Id.

And that is how I went about getting an ITIN and saving myself 30% of every royalties cheque from Loose Id.

And I have to give full credit to Ash Penn, fellow LI author and British national, who talked me through all of the above, in detail. It's not for nothing that I mention her in the acknowledgements of By the Book. I'd have gone mad trying to figure all of the above out myself, so again, Ash, thank you.
 

swvaughn

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YAY, you finally got your ITIN!

...I'm so proud. *sniff*

Congrats! :D
 
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My ITIN and a headache. But yes, I got there in the end (with AW's very own Darklite holding my hand most of the way).
 

firedrake

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Ah, so I could use my Social Security Number, if there's a space on the form for that. That saves me the hassle of getting the other one. At least that's how I read it.

Thanks for explaining that. Let's hope i get to put it to use. :D
 
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It depends on what's on your passport, now you're a UK resident again.

But don't take my word for it. You haz a speshul circumstance.
 

Theo81

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I know you're going to love me for saying this, but you may not actually need an ITIN for the W8-BEN. They say you do, but I don't have one and the biggest challenge I've had with my W8 forms is getting my agencies to understand the address I put in the address space was where I lived.

Don't trust me on anything because I don't earn enough from America for it to be worth anybody's while sending the IRS after me - all I know is I have filled out four or five of the damn things and I've never had it sent back because I lack an ITIN.
 
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Yes, you do need the ITIN. It proves to the IRS you're a non-resident alien and you can't fill out the W-8BEN without one.

I didn't fill out the W8. I filled out the W-8BEN.
 

Susan Lohrer

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I've sent W8BEN forms to publishers I edit for, and there's never been any issue with tax withholding. I put my SIN (Canadian equivalent of SSN) on the forms.

Maybe I'm just lucky?
 
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You mention editing - I'm talking about royalties on books published.

And as far as I know, Loose Id is the only American publisher which deals with things this way, although I could be wrong. Maybe other UK-resident AWers who are published with, for example, Samhain, could put me right.
 

Theo81

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I'm calling it by the wrong name - it's the same form as yourself.

As I say, I've seen people say you definitely do need one and I've seen people say you definitely don't.
I know I don't have an ITIN but I have submitted the W-8BEN tax form to several different companies, none of whom have sent it back to me with a request for the number. This is all I know. My head exploded at the point the instructions began talking about reverse hybrid entities.

I suspect I do need one, but the rule just isn't being enforced for some reason.
 

Susan Lohrer

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From what I've read about self-publishing, non-US residents need an ITIN to prevent places like Amazon and Smashwords from withholding taxes on royalties. I don't know how the major e- or print publishers handle it; I was just sharing what I've experienced as a non-US resident working with US companies.
 

shaldna

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Here it's even easier for the whole tax thing.

You contact HMRC and advise them that you have a self employed income (be it for a main or second job) and then you fill in the self assessment income tax form every new year and send it back to them.

Easy peasy.

I've been doing it with the freelance horse stuff I do for years.


edit: that said, not sure how my status would apply to the US or anywhere else for that matter.
 

Julie Reilly

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Just wanted to say thanks for posting this. I'd been Googling for the UK treaty article number for this W7 thingy - the rest I thought I was OK with, but it was good to know I'd done it right!!

I'm going to have to wait though as we're going away for our first anniversary in a few weeks and I need my passport. I know you said yours came back in two weeks, but I'm not going to take the chance - I'll do it when I get back.
 

areteus

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@Julie: If you can get to London easily enough you can get the ID confirmation thing done in person at the Embassy and therefore don't need to send your passport anywhere at all. The reports on this I have read claim that this process is very quick. You don't need to wait in line with all the thousands of visa applicants (you have to go to the front of this line and tell them that you are here to see the IRS over an ITIN application and they let you straight in) and as long as you are not carrying any electronics or guns or bombs into the building you should breeze through security. Then it is a case of hand over passport and wait while they photocopy and notarise it for you.

This way you can get it done without risking losing your passport.

My current issue with applying for this now is that I am in the middle of moving (don't talk to me about lawyers and land registry issues...) and am still waiting for a move date (been waiting 3 months now, since the sale...). Until I have that I am wary about sending anything away because I don't know where I will be when it comes back... Better to wait until the move is finished then complete the process under my new address.
 

mccardey

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*sigh*

Can't help wondering if it mightn't be simpler for us all to agree to just stop paying tax altogether..?
 

Julie Reilly

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@Julie: If you can get to London easily enough you can get the ID confirmation thing done in person at the Embassy and therefore don't need to send your passport anywhere at all.

I know, but London is the other end of the country for me. We are going there in August, but that's after our anniversary so it wouldn't really benefit me to have it done then. Also we have a very full day planned so probably wouldn't have time anyway.

I might consider it though, if the Embassy is near where we are going and it really is quick, as in less than half an hour - I'll have to look into it.
 

areteus

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Not sure if it is less than half an hour but it is not a whole day thing. I can understand the travel (I live far enough away to make it awkward too...) and currently weighing up which is the best option - risk the Royal Mail losing my passport or go there in person. I'm currently edging towards the mail option at the moment (after this account swung me slightly) but I am waiting until I am in a position to actually apply before I decide.

You could also look for an American authorised notary public near to you? May cost a lot, though...
 
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If you send it special delivery (which costs around a fiver), the contents of the envelope are insured up to £100 or thereabouts.
 

areteus

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Oh yeah, know that and intend to use it. However, the value of the passport is not in its monetary value but in what it represents - the freedom to wander anywhere in the EU and the right to enter many other countries with which there are treaties. Not sure you can put a value on that (and it would not be less than £100 :) ). Still, I suppose the insurance would cover the cost of a new passport application.

I've had to send it out once (to prove ID to a local council - it was technically never further than 5 miles from me at all times and annoyingly they would not allow me to come in and just show it to them, it had to be by post) and I fretted about it the whole time it was out. But then, I suppose the question is: do I trust the American government not to lose it more than I trust a UK local council? Actually, you may be surprised to learn I do... but then I have had bad experiences of local councils lately :)
 

Julie Reilly

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Still, I suppose the insurance would cover the cost of a new passport application.

Yes, and if you didn't have plans to go anywhere in the next few months, it wouldn't be a major hassle if it did get lost.

I will definitely be using the special delivery option - I read elsewhere that it costs £60 to have a notarised copy made - yikes!
 

areteus

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£60? You've found a cheaper one than me then... :) US notaries in the UK are rare and so they can charge what the hell they want for the privelege.
 

Julie Reilly

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I haven't found one - but I found a discussion on another website about this same topic and someone said they would have to pay £60 for it. As I wasn't prepared to pay that I didn't look any further into it :)
 

Emily Winslow

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Here it's even easier for the whole tax thing.

You contact HMRC and advise them that you have a self employed income (be it for a main or second job) and then you fill in the self assessment income tax form every new year and send it back to them.

Easy peasy.

Ha! The HMRC/self-employed stuff was not so simple for me. They were flummoxed that I had a book contract, not paystubs. They were like, "But we need paystubs or we can't accept that you're self-employed!" And I was like, "Dude, I'm trying to give you money. If you don't want it, fine with me." It eventually worked out, but the red tape was ridiculous.
 
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