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Again, IANAL, and I'm Canadian with a US bank account but yet to "do business" in the US (just having an expense account does not qualify in most/all jurisdicti
by lstamour 11y ago
Again, IANAL, and I'm Canadian with a US bank account but yet to "do business" in the US (just having an expense account does not qualify in most/all jurisdictions): Having a US phone number does not make you a US resident -- but having a US bank account means proving to the IRS and your bank that they should not withhold any taxes on your personal account. Having a US phone number does not in any way on its own require you to fill out IRS forms. Having a bank account does because your assets could be frozen, hence W8 and W9. Having a company in the US means potential tax returns, because now you're officially doing business federally and also at a state level for your company. Even then, you are NOT a US resident personally, unless you physically reside within the US more than X% of the year. There are also many different tax treaties under which your W8 forms can provide exemptions, though some declarations might still require annual filing to declare you're not a resident, or pay taxes on dividends. Your US company is considered a US person, however.
- germanier 11y agoSure, that is correct in theory. In practice most European banks won't touch you with a ten-foot pole if they even just suspect you might need to fulfill US reporting obligations. Therefore they use a much broader definition This is not only about tax but all the cost associated in dealing with all the forms which makes you an expensive customer.
- lstamour 11y agoBut if you simply own shares in a US company, surely banks will deal with you then? Or if you get paid by a US company as a foreigner? It also is probably on a bank-by-bank basis that things are handled. FATCA was introduced in 2012 but it's been 4 years, long enough that there should be one or two banks at least who will play nice... To be clear, in Canada, my understanding is that it's very hard to get a bank account as a US person unless actually in Canada. But top banks and some credit unions are prepared to handle FATCA-required forms and reporting. Big difference too between foreigners with US interests and actual US persons with foreign interests, I would think...