Wednesday, 19 January 2011

How this UK author got her ITIN

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.

25 stains:

  1. This is a very helpful post. It couldn't be clearer and you make it sound so simple when it does all seem daunting at first. I'm going to bookmark it for future reference so I can recommend it to anyone having issues sorting out their forms.

    Thanks.

    ReplyDelete
  2. Glad I could help, Carol. It must be said I had a lot of help from Ash - and I mean a lot, so this is my way of paying it forward.

    ReplyDelete
    Replies
    1. This is brilliant! Thank you for all the help. I don't know if you can help or not, but my passport has expired and I'm not likely to need one for a long time. I was having a bit of difficulty understanding what other forms of ID they accept. Can you help in any way? I would be very grateful!

      Delete
  3. For anyone who lives in or near London, I would recommend taking the form personally to the US tax office at the American Embassy. I took the completed W-BEN form, my passport and my publishing contract. They took copies of my passport and contract, checked the form, smiled and said all was fine. I was out in 20 minutes, and nothing was required by post.

    Sara

    ReplyDelete
  4. Yep, that would definitely be better for writers who live in or near London, but as I'm so far North I'm in another country (technically), I needed to do it by post. Thankfully, special delivery kept my passport safe, and it was only out of my hands for a fortnight, tops.

    ReplyDelete
  5. I need to make a note of the link to this post too. You've explained it better than I've seen elsewhere.

    Thanks!

    ReplyDelete
  6. I wish this post had been here six months ago, it would have saved me some sweat. :D As it happened I did manage to figure it out and got my ITIN - took around ten weeks to come through.

    I opted for going to the embassy as I was taking a trip to London around that time anyway, so can I add my tips on that?

    You can't take any electronic devices in there. No ereaders, PDAs, MP3 players, no not even your phone. They are a tad security conscious, and you'll go through a security check similar to what you'd go through at a UK airport. You and your stuff will be X rayed. Your bag will be opened and checked. I took as little as possible with me and left the rest in the left luggage at Victoria station.

    There's a first line to get to someone who you tell what you're there for. Make sure you make it clear you're there for the IRS section and not to apply for a visa. I was lucky, there was no queue to get in - but it's always possible you'll choose the day everyone in England shows up ahead of you, so be prepared for a wait.

    Once through the security checkpoint you go around the outside of the building but you're inside a fence and you are now technically on American soil, so behave! You'll be on CCTV the whole way around and there are police officers with automatic rifles, so seriously, behave!

    The doors are much heavier than you'd think looking at them.

    The guy in the office checked all my forms, took copies and signed for seeing my original ID documents and took them off me to sent them to Texas. He gave me their email address to follow up on it if the number didn't show up after about twelve weeks, said to quote my date of birth as a reference. It was quite odd being in an ordinary office environment, but with everyone speaking in American accents. I felt like I'd fallen into my TV.

    I was in and out in ten minutes and on the way out saw a man in the smoking shelter smoking a big cigar. Only in America...

    ReplyDelete
  7. Stevie - Glad it was of use. Feel free to pass a link to this post around if you think it's needed. If it helps other UK authors get their ITIN or at least fill in the forms with a little less stress than otherwise would be the case, great!

    Becky - Thank you for leaving such a detailed comment. It makes me glad I dealt with it all by post to be honest, with all the rigmarole you had to go through, but like you point out, it's quicker. Ten minutes versus having your passport go walkies in the Royal Mail? No contest, if you're near enough to London.

    ReplyDelete
  8. Thanks heaps Scarlett - priceless help !

    Simon

    ReplyDelete
  9. Thank you a thousand times thank you!To Ash too!
    There is an extraordinary amount of confusion out there regarding the ITIN application procedure.Phoning the IRS themselves doesn't necessarily help either.
    I've been trying to work out the procedure for quite a while now and thought I was clear until I noticed a possible conflict of information between the W-7 instructions and the information on the 'Don't phone us,all the information here is correct' American Embassy Dublin website. The instructions for the W-7 can be read to mean that an American Embassy official cannot certify a copy of a UK document (in this case my UK passport) and will send you to the issuer instead.
    The Embassy website makes it sound like you can and you have demonstrated this to be so.
    I phoned the IRS and was told that my passport would have to be certified by a British authority. The person wasn't remotely interested in the conflicting information on the embassy site and wasn't even going to discuss it.I made the mistake of suggesting that there should perhaps be some clarity on the issue between the IRS and their embassies and found myself cut off in mid-sentence.

    ReplyDelete
  10. Thank you so much for this - just signed my first USA publishing deal & this post was such a great help!

    ReplyDelete
  11. Many thanks for this. Going to have a go at it, your description has made it somewhat less daunting!

    ReplyDelete
  12. OK folks, anyone reading this who will be using Amazon to support their ITIN application needs to read this first: http://forums.kindledirectpublishing.com/kdpforums/thread.jspa?threadID=6684&tstart=15

    In summary the standard letter provided by Amazon is rubbish and so ITIN applications are often rejected on this basis. Amazon seems completely uninterested in rectifying this... o if you can get a letter from another ebok publisher then you may save yourself soem grief!

    ReplyDelete
  13. This is all going to come in VERY handy for me soon. Sounds long winded but has to be done.

    ReplyDelete
  14. Hi there, thank you for this wonderful information! I'm the Financial Director / Office Manager for Musa Publishing (www.musapublishing.com) and as such I am collecting tax information for our accountant. I'm glad I don't have THAT job :) as this is confusing enough for me. With your permission, I'd like to share this post with our authors. Thank you!!

    ReplyDelete
  15. Yes, feel free to share the link with anyone you think could make use of it. I'd be glad to help other authors, just as I was helped when it was my turn to go through all this.

    Tax paperwork is never easy and if you have to muddle through on your own, headaches will happen..!

    ReplyDelete
  16. Thanks Scarlett, I'm a Melpomene author and I'm REALLY grateful for the hand-holding as I navigate my way through the IRS maze.

    ReplyDelete
  17. Just want to say thank you for posting this! I'm about to start the process myself and you have made it far less daunting and super clear.

    Thank you.
    M. A. Stacie

    ReplyDelete
  18. Hey EVERYONE. DON'T BE SO CRAZY! Take a deep breath. You don't need an ITIN AT ALL. That's right.
    I live in Canada and my friend lives in Britain. AND, if you just call your US embassy on the phone and tell them that you are the
    'SOUL PROPRIETOR' as an author who sells books, then they have to give you a number over the phone. It's an EIN number and it's for the IRS to track your taxes. Amazon accepts this number. I know because they took the hold off of my cash. Don't believe all that BS about having to have a company or any employees to get an EIN. I timed my phone call and I had the number written down on a post-it note within 11 minutes. That's it, that's all. Call your local US consulate or the nearest one to you and say:
    "I am the soul proprietor and I sell a product in your country (US) and I want to pay you taxes. I need an EIN number please." After that, they will walk you through some simple questions and just tell them that you son't have any employees, but you may hire some at a LATER DATE. Anyway, the lady I spoke to in Seattle was awesome.
    Technically, it is a business because you are creating and selling a product. Amazon is just your distributor. If you happen to get someone on the phone that tells you otherwise to anything I've said here, they don't know what they are talking about, so just call back and get someone else. In fact save yourself the headache and just call the US embassy in Seattle Washington. Have a great day and stop wasting your valuable time and money. 11 minutes folks!! Kindle's own help page clearly explains that you need EITHER an ITIN (if you are a US citizen) OR an EIN (for everyone else in the world) Yes, it's true my EIN number that I got over the phone was accepted by amazon instantly as I mailed it to them on my W-8BEN. End of story. The reason you don't need an ITIN is because you are not an AMERICAN INDIVIDUAL.

    ReplyDelete
  19. The above comment is idiotic in the extreme and I advise everyone to completely ignore it. Or else point and laugh. I'm only leaving it up there so people know what level of wrongness some people descend to.

    Point the first: if you are a non-resident alien (not living in the United States, you do need an ITIN.

    Point the second: No, I do not want to pay the U.S. taxes because I AM NOT A FUCKING U.S. citizen. That's what the bloody ITIN is for.

    Point the third: No, I am not running a business because I am not self-publishing through Amazon, and I never will. Amazon is not 'my' distributor.

    As for this:
    If you happen to get someone on the phone that tells you otherwise to anything I've said here, they don't know what they are talking about, so just call back and get someone else.
    It's just another heap of bullshit and I advise everyone to again, point and laugh.

    And this?
    In fact save yourself the headache and just call the US embassy in Seattle Washington. Have a great day and stop wasting your valuable time and money.
    Oh sure, what a fucking great idea. Save money by PHONING ANOTHER CONTINENT? What sort of fuckwittery is this?

    Kindle's own help page clearly explains that you need EITHER an ITIN (if you are a US citizen)
    If this is true, Amazon is wrong. I'll tell you here and now: AN ITIN IS FOR NON-U.S. CITIZENS. NON-RESIDENT ALIENS. DO YOU UNDERSTAND ME?

    The reason you don't need an ITIN is because you are not an AMERICAN INDIVIDUAL.
    Bollocks. Not being an AMERICAN INDIVIDUAL is precisely the fucking reason you DO need an ITIN.

    Idiot.

    ReplyDelete
    Replies
    1. Great write up!

      Your comment: "Not being an AMERICAN INDIVIDUAL is precisely the fucking reason you DO need an ITIN." - is brilliant.

      I work for an american company which pays out many royalties to nonresidnets. . I often have vendors tell me that they "do not need an ITIN" or "are exempt from taxes" solely because they are not a US citizen. As you have stated, they are completely missing the point.

      I also agree that an ITIN would be more appropriate than an EIN for payments to an individaul. An EIN would be more appropriate for an entity.

      I would like to clarify one item though.

      You mention: "I'm technically employed by an American publisher" - I actually do not think that this is the case. If you were being paid as an employee - and being paid specifically for writing that you did in the UK, the income would not be tax reportable in the US and you probably would not need an ITIN.

      The reason that the income is tax reportable in the US, is that you are being paid specifically for the copyright royalty. Royalties are considered (by US tax law) to be tax reportable where the copyright is used. If your work is published by US company, then this is considered to be US tax reportable income. The publisher would then be required by the IRS (per Internal Revenue Code 1441) to withhold at the standard nonresidnet tax rate of 30% unless exempted or reduced by a tax treaty.

      Having a valid US tax ID number (ITIN or SSN for an individual) is one of several requirements to meet tax treaty exemption (for example, you would also need to have established tax residency in the country you are claiming the treaty in - which can be a little tricky in the case of a resident of more than one country).

      You are fortunate as UK resident that Article 12 of the US/UK treaty allows for a complete exemption. Royalty treaties for other countries simply reduce the rate from 30% to 15%,10%, 8% or 5% (Italy, Israel, China and India are a few examples off the top of my head).

      Also, you might want to be aware that the rates do change on occasion, so it's not a bad idea to check the IRS Publication 901 on tax treaty rates each year just to be certain (Copyright Royalty rates are listed in a chart towards the back of the publication and are listed under "Income Code 12".

      Another benefit to obtaining an ITIN is also that it may be helpful if you have any other type of non-employee US based income in the future.

      I would also add that I have heard from our clients that the US embassy in London has been pretty helpful in the ITIN process. Great to hear that your experiences confirm this!

      Very cool of you to provide your experiences!

      Delete
    2. Much apologies for all the typos (and any other grammer/punctuation errors). I am particularly embarassed as this is a writer's blog!! - I guess I should stick to finance!

      Delete
  20. Very helpful blog, I just wish I'd seen this prior to posting my a/c's to Uncle Sam!
    Funny thing is that I started getting paid by Amazon March 2011 and they have NEVER witheld any money at all. It's possible that they may now have noticed because Februaries earnings have not arrived. Normally I would have expected them to appear a week ago. I'm going to wait for the IRS to contact me to see if they need any more info etc rather than jumping the gun and maybe confusing things.
    Thanks for taking the time to write this blog.

    Stu Haynes

    ReplyDelete
  21. I live in France, Do they accept a certified copy of my passport? which I am going to send to US embassy in Paris with my W-7 form.

    ReplyDelete
  22. I'm afraid I can't speak for how it works in France; I only know about the UK and how UK writers would go about sorting out this matter.

    Thanks to everyone who commented; I'm very glad to know my blog post is helping you all tackle the tax man! :)

    ReplyDelete