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Form Instructions W-8BEN Virginia Fairfax: What You Should Know

Instructions for Registering as a Vendor — MASON Instructions for Submitting Your Tax Return — MASON Instructions for Submit your Tax Return (Form W-8BEN) to a Distributor — MASON If you are a Foreign Business Owner — IRS If you are a foreign business owner of an individual taxpayer—you must file an amended tax return to have to adjust the tax for the taxable year. The IRS has a Form 1040X-OID that you can use to file your amended return. How should a foreign business owner file his or her Form 1040X-OID? First, if an employee has business activities in a foreign country or area for which the business owner files a Form 1040X, the foreign tax imposed by the IRS must be recalculated and added to the employee's Form W-2 wages. The amount to be added to the employee's Form W-2 wages must be stated on Schedule H or Form 1040, line 37. The foreign tax must be reported as wages on Form 1040, line 38a. Example — A nonresident, a US business owner, pays to his foreign spouse, a US citizen, 60,000, which is 20,000 more than the nonresident's required withholding limit. If the nonresident is required to pay the foreign income tax in the United States, then he has to file an amended return to reflect the adjustment. The adjusted amount must be reported as line 28f on Form 1040, line 33a, Form 1040X-OID, or line 38 on line 39 for the taxable year. A foreign business owner who is a nonresident, the United States individual taxpayer must file an amended return to adjust the tax for the year. Example — A nonresident, the United States individual taxpayer, pays his nonresident spouse 120,000. The foreign income tax imposed on the foreign income tax return of the United States individual taxpayer is 15,000 more than the taxpayer's foreign tax return for that tax year. The adjusted amount of the foreign income tax imposed on the individual United States individual taxpayer's return is 20,000. Report this amount on line 28f of the Form 1040 or line 33a of Form 1040X-OID.

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