I decided to spend my friday afternoon setting up all the necessary information in preparation for selling my applications on the iPhone App Store. Since I am based in the EU, not in the US, I ran into a brick wall of trouble.
Once logged into the iTunesConnect system all seemed very straight forward. Since I watched the Publishing on the App Store video that Apple released on iTunes yesterday I knew I had to sign a contract, so I clicked the Contracts, Tax, & Banking Information link.
I then chose to add a new contract for Paid Applications to my account. There are three necessary steps, so I start by filling in my contact information. Not a problem.
Bank Info
I then need to supply Bank Info, like the name and address of my local bank. So far nothing troublesome at all. I also need to provide:
Account Name
Account Type
Branch/Branch ID
Account Number
Account IBAN
Bank Swift Code
Sort Code (UK) / SIC (SZ)
Here things were getting a little hairy, but I was able to figure everything out. My bank actually provided a convenient account number to IBAN converter and the Swift code (althought they call it a BIC code) on their website.
Tax Info
Finally I just have to add my tax info to the contract and I should be ready to go. But as it turns out, this step requires filling in something called Form W-8BEN and involves the IRS. I have to provide a US Taxpayer Identification Number, so I start exploring how to obtain one of these magic numbers.
As I am registered as an individual I need either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). I don't think I qualify for a SSN, not being a US citizen and living in Europe and all, so I start reading up on getting an ITIN. As it turns out this will take six to eight weeks and involves filling out another form, form W-7.
As forms go it is actually pretty good, only one page long. But reading the instructions it seems I have to send it in with my passport, not a copy mind you, the original passport. They promise to return it to me in 60 days.
Now, I'm not about to put my passport in an envelope and send it off across the Atlantic any time soon. I need it for my vacation this summer! I'm actually a bit disappointed as I was hoping to be able to start selling applications on the App Store in July. I just feel this could have been handled easier.
Apple Inc. does have a presence in the EU, so how come I have to register for an american tax number anyway?!
Getting an ITAN is a PAIN
Peter Nixey also notes the trouble getting an ITIN in his article about moving his business to the US:
You can’t get an Social Security Number SSN without being a US resident which means instead getting either an EIN (Employer ID Number) or an ITIN (Individual Tax Payer Number) both of which are a PAIN.
To cut a long story short, despite our best bureaucratic wrangling we were unable to attain ITINs. As if from nowhere though, an EIN popped out of a random conversation we were having with an official who it seems we charmed / confused into co-operation. It seems out that EINs actually require almost no paperwork and that the main thing required is persistence.
Quoted from Coming to America: Getting visas to do business in Silicon Valley
For me getting an EIN is not an option as I don't have a company. Although those numbers seem to be only a phone call away.
UPDATE: This turns out not to be true. After reading up on the SS-4 form for applying for an EIN it turns out foreign (non US) individuals can apply for EIN to comply with IRS withholding regulations. So I called the number (+1-215-516-6999) and ended up with an EIN in just 5 minutes. Very convenient, I just wish Apple had made this more clear on their application site.
6 comments:
Regarding the use of an EIN instead of an ITIN
Do you know what the difference is for you as an individual? Do you still complete an individual tax return at the end of the year or will you need to do a company one?
I've also had some pain in trying to get an ITIN. A visit to the embassy confirmed I need a signed contract on an Apple letterhead that states I will be paid money by Apple in order to apply for an ITIN. Hm.
The good news is that any tax that is taken off in the period before a W-8BEN is completed can be redeemed when completing a tax return.
Thanks for all the information, i am an individual in the uk and just making sure that i simply phone the number in the post above to get a EIN. What information will they ask for me, as how do i prove my identity?
mpatric: I think I am simply expected to take up the royalties paid by Apple on my personal tax statement in my native country, and not doing an American tax statement at all. I hope I am correct in this...
Jack: The IRS will basically go through form SS-4 with you over the phone, so it helps a good deal to fill it out to the best of your ability before placing the call.
Apple supplies a link for downloading form SS-4 on their online version of form W-8BEN which you fill out in iTunesConnect to register your tax info with Apple.
I am from India. I just called up IRS (+1-215-516-6999) to get EIN, and lady from other end told me: "I can get EIN only if I am a company. As an individual, I get ITIN."
Evil Boss, you are saying: "After reading up on the SS-4 form for applying for an EIN it turns out foreign (non US) individuals can apply for EIN"
I could not locate this piece of info in the instructions. Can you please point out the document and the section? Or may be some tips while talking to the IRS guys?
cbodar: On page 2 of the SS-4 form that can be downloaded from the Tax Information page of iTunes Connect they list the possible reasons for needing (and being granted) an EIN.
One of the reasons is stated as "If the applicant... Is a foreign person needing an EIN to comply with IRS withholding regulations".
What I did was the following:
- Under the heading "Type of entity" i checked the "Sole proprietor" box, leaving SSN blank.
- Under "Reason for applying" i checked the "Compliance with IRS withholding regulations" box.
- I typed out "Software" as the principal line of merchandise sold.
Then I called the number and went through the form over the phone with the IRS lady.
Best of luck to you.
This is right! I also solved the problem in few hours, and it in fact is just a (long...) phone call.
I do owe a company, but from what I understand you can put your personal name under "Legal name of entity" and then check "Sole proprietor" below. No need to provide SSN if you are not US resident.
The confusing detail was also what to check under Reason for applying - "Compliance with IRS withholding regulation" is the right choice, although there is no mention of it in form instructions.
So, fill the form, call IRS, fax the form on a number they provide you (make sure you are near a fax machine when calling), stay on the line, and it's all done in 15-20 minutes.
They go through the form with you, and even if you checked something wrong they just change it for you - no need to re-fill and fax it again...
And you get the number right away!
For a good reason - my country doesn't have a tax treaty with the US and they will take 30% of what we make.
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