Sorry, I wasn't upset in the least. I wasn't "yelling" using the caps. I was just trying to convey that I DO understand.
If I'm not smart and cover "my back" then I could potentially get audited and have to pay MY government extra taxes. This would be "taxes" on money not earned by me. This could potentially, hurt or put me out of business. If the IRS was to freeze assets/moneys then it would hurt my customers also. So my diligence is to cover "my back" and "my customer's back" too.
OK, we both agree it's not a matter of a few minutes filling out a form. The real matter at hand is whether it is CORRECT to have to put a non US tax id in my system.
The issue is cloudy for some people, while crystal clear for other customers.
Unfortunately, because my business is in the US I have to do the minimal procedures to satisfy the IRS (Internal Revenue Service).
The IRS is quite clear on living or doing business in the US. I don't think any US citizen/customer is going to have issue with this or suppling the proper tax id.
But the IRS is not as clear as it should be for "foreign" customers.
Each country is handled differently depending on the "treaty" they have with the US. HOWEVER, 99% of the time this really should NOT affect me or my customers.
I'm currently working with a tax attorney to get this rectified as soon as possible. As it stands now it appears there will be 3 choices on my system for inputting tax info (if needed).
1) Any US citizen or person who does business in the US will need to fill out a W9 form. This is a standard tax form (very brief) that just about every person has filled out at one time or another. For the most part it's just suppling your SSN (social security number) or TIN (tax identification number) for a business and choosing if your an individual or type of business.
2) You are not a US citizen and DO NOT do business in the US. This also appears to be quite clear and will be the easiest of all to handle. There will most likely be an electronic "form" that the customer agrees to that basically says the above. No tax ID of any kind will be needed.
3) You are not a US citizen BUT DO business in the US. Depending on the circumstances an IRS form W-8BEN or 4233 may need to be filled out. Or yet another form or possibly a US tax ID may need to be gotten. The IRS is not crystal clear on this and this is the hold up for implementation at this point. Unfortunately, I do have a significant client base that does fall into this category but it is a small percentage of the overall customers.
What it looks like I'm going to implement is web page with the 3 choices on it. If the person is a US citizen or business they will be able to fill out an online W9. If the person is a foreign citizen and doesn't do business in the US then they we be able to "agree to that" online and be done (no tax ID needed). If they fall into the third category then I think instead of having an online form (could be many), I'll provide links to the IRS site where they can download the appropriate form and directions to fill it out. It can then be mailed or faxed back.
Obviously besides this cloudy third set of clients, everyone else should have a straight forward, FAST way of entering what they need to enter and there will be no tax id needed for group two.
Unfortunately, the invoice "paperwork" idea wouldn't work but will be moot for 99% of the clients anyway soon.
I am listening, leaning and trying to do the right thing! I just want to make sure we're "all covered" and that we'll all be around for a long time.
And to answer your last question. If you're a "foreign individual" then it does in fact appear that you shouldn't have to deal with the IRS at all.
Carlo