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Articles and Tax Tips

The IRS requires U.S. Persons making payments of U.S. sourced FDAP income to Non-Resident Aliens to report said payments on Forms 1042/1042-S. The term FDAP just kinda slides in there, but the questions remains - what is it? This month let's take a look at exactly what it is the IRS is discussing when it comes to FDAP income. 

 

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Hopefully everybody is very well aware that the IRS has been more than a little busy this spring. In addition to the release of the first brand new Forms W-8 since 2006, related instructions for the W-8EXP and W-8ECI, and more....the IRS has also released the finalized Form W-8BEN-E. To that end this week let's look at one key issue presented by the new form.

 

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The IRS has just released the instructions to correspond with the brand new Form W-8EXP Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting, released last month (the first new W-8EXP since 2006). Crucially one key point raised by these instructions which you need to understand is that....

 

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In the past two months we have seen a blizzard of brand new final Forms W-8 (five in total with the W-8BEN-E an entirely new form and the other four the first new Forms W-8 since 2006). However, there is something else you must not forget about.

 

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On April 16, 2014 the IRS released the final version of Form W-8EXP, Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting (Rev. April 2014).

 

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U.S. states are still currently and aggressively leveraging economic nexus to collect income tax revenue from out of state corporations doing in state business; even if that out of state business has no physical in-state presence. During this compliance season please watch out for the following states in particular:

 

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With filing season winding down for most organizations this is the time of the year that we often get questions regarding how long your AP department should hold onto previous year's filed Forms 1099 and other such related records. In short there are two schools of thought on this issue, however this is what we recommend that you do...

 

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As you hopefully know reimbursements your organization provides for an employee traveling on business (including for transportation, lodging, meals, and more) outside of the area of his/her tax home may be excludable from wages. But when is this not the case? Read on and learn what you should be looking for in order to avoid falling into an all too easy compliance trap.

 

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You have received an invoice and Form W-9 from a corporation whose TIN starts with 98.   Read on for more relevant information, decide what you would do with this vendor; and then see our analysis as to what you should consider vis a vis your IRS documentation, validation, and compliance requirements.

 

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For this week's tax tip let's take a look at a real world situation. This one involves a former employee who has started their own company, and yet gets approximately 80% of their business from their former employer. Read on for more facts, and then our analysis as we try and determine how the IRS would classify this payee.

 

The Facts:

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