W-8BEN? What's the tax from selling my software to a U.S. company, from abroad?
You should not form a company in the U.S. simply to get the identification number required for a W-8BEN form. By establishing a U.S.-based company, you'd be signing yourself up for a lot of additional hassle!  You don't need that.  You're a European business, not a U.S. business.  Selling into the U.S. does not require you to have a U.S. company.  (You may want to consider what form of business you ought to have in your home country, however.) Anyway, to address your immediate concern, you should just get an EIN only.  See businessready.ca - what is a W8-BEN?.  Quote: [...]   There are other reasons to   fill out the W8-BEN but for most of   you it is to make sure they don’t hold   back 30% of your payment which, for a   small company, is a big deal. [...]   How do I get one of these EIN US taxpayer identification numbers? EIN stands for Employer Identification   Number and is your permanent number   and can be used for most of your   business needs (e.g. applying for   business licenses, filing taxes when   applicable, etc).  You can apply by   filling out the Form SS-4 but the   easier, preferred way is online. However, I also found at IRS.gov - Online EIN: Frequently Asked Questions the following relevant tidbit: Q. Are any entity types excluded from   applying for an EIN over the Internet?   A. [...]   If you were incorporated outside of the United States or the U.S.   territories, you cannot apply for an   EIN online. Please call us at  (267)   941-1099 (this is not a toll free   number) between the hours of 6:00 a.m.   to 11:00 p.m. Eastern Time. So, I suggest you call the IRS and describe your situation:  You are a European-based business (sole proprietor?) selling products to a U.S.-based client and would like to request an EIN so you can supply your client with a W-8BEN. The IRS should be able to advise you of the correct course of action. Disclaimer: I am not a lawyer.  Consider seeking professional advice. I realize this is a stale topic, but to anybody who may swing by looking for an answer to this question (on the recently revised W-8BEN), a foreign taxpayer can get an individual taxpayer identification number (ITIN) without being resident in the US.  However, an ITIN will often not be necessary for W-8BEN purposes if you have a tax number from your local jurisdiction.  Check the Form W-8BEN instructions for your specific situation, but some taxpayers will need neither a US-issued ITIN nor a foreign-issued TIN. Forming a Delaware or Nevada LLC would be expensive and generally subject to federal and state tax and filing obligations.  It would also moot the need for a W-8BEN, which only applies to foreign taxpayers; the equivalent form for domestic taxpayers is Form W-9.
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But once I withdraw the money, how is that money taxable? If I'm understanding your situation correctly, you want to look at the instructions for form 8889, under Excess Employer Contributions. It simply says, ""If the excess was not included in income on Form W-2, you must report it as 'Other income' on your tax return."" There doesn't look to be any particular wording beyond that, so I'd just put it on Form 1040 Line 21 Other Income, and label the line really specifically like ""Excess Employer Contributions distributed from HSA"". Also there is no mention of whether any FICA taxes (social security and Medicare) apply to these amounts. You say that this was entirely contributed by the employer. But even for cases where one contributes directly through payroll with an optional pre-tax deduction, this is usually implemented as a ""salary reduction agreement"" where the company is actually paying less money in salary (and thus less showing up on the W-2) and just contributing to the HSA account instead. It's listed on the 8889 as an ""Employer Contribution"", even if in fact one sees it as a deduction on one's pay stub. In either case, since the company didn't pay you the money as salary (and merely contributed to the HSA instead), I wouldn't expect any FICA taxes to be owed on it. The fact that the IRS wants it listed under ""Other income"" instead of ""Wages"" also implies to me that it doesn't count as salary that needs FICA taxes. Presumably, if people abused this in some way (like getting their employer to deliberately over-contribute each year and getting a refund in some sort of crazy scheme to try to reduce their SS taxes) the government would get rather upset and probably call it some sort of tax evasion. But for the amounts involved here, particularly as you're following the instructions listed, I just wouldn't worry about it. Assuming that I withdraw excess contribution and report everything on Form 8889 and Form 1040, is there any further action required from my previous employer? It's your HSA, so I wouldn't think so. Since the eligibility for HSAs is based on what you do, and not what they do (you could, for instance, get covered by a different HDHP and they wouldn't be notified nor really care), I don't think they have anything more to do with it. Also I am not sure how to calculate amount of interest attributable to excess contribution. I have only around $0.20 of total interest this year. The bank holding the HSA could probably help with that, as I'd expect it to be a normal part of the excess contribution withdrawal process. If not, I'd just make a reasonable effort based on the interest rate, amount involved, and number of days that the excess was in the account. Also keep in mind that in general when filing taxes, anything under $0.49 can round to $0. At some point, one can only be ""as honest as the law allows""." To clarify that legality of this (for those that question it), this is directly from IRS Publication 926 (2014) (for household employees): If you prefer to pay your employee's social security and Medicare taxes from your own funds, do not withhold them from your employee's wages. The social security and Medicare taxes you pay to cover your employee's share must be included in the employee's wages for income tax purposes. However, they are not counted as social security and Medicare wages or as federal unemployment (FUTA) wages. I am sorry this does not answer your question entirely, but it does verify that you can do this. UPDATE:  I have finally found a direct answer to your question!  I found it here: http://www.irs.gov/instructions/i1040sh/ar01.html Form W-2 and Form W-3 If you file one or more Forms W-2, you must also file Form W-3. You must report both cash and noncash wages in box 1, as well as tips and other compensation. The completed Forms W-2 and W-3 in the example (in these instructions) show how the entries are made. For detailed information on preparing these forms, see the General Instructions for Forms W-2 and W-3. Employee's portion of taxes paid by employer.    If you paid all of your employee's share of social security and Medicare taxes, without deducting the amounts from the employee's pay, the employee's wages are increased by the amount of that tax for income tax withholding purposes. Follow steps 1 through 3 below. (See the example in these instructions.) Enter the amounts you paid on your employee's behalf in boxes 4 and 6 (do not include your share of these taxes). Add the amounts in boxes 3, 4, and 6. (However, if box 5 is greater than box 3, then add the amounts in boxes 4, 5, and 6.) Enter the total in box 1. For filling out the W8-BEN form, please refer to the instructions in the document named: Instructions for Form W-8BEN  Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting "The IRS taxes worldwide income of its citizens and green card holders.  Generally, for those Americans genuinely living/working overseas the IRS takes the somewhat reasonable position of being in ""2nd place"" tax-wise.  That is, you are expected to pay taxes in the country you are living in, and these taxes can reduce the tax you would have owed in the USA.  Unfortunately, all of this has to be documented and tax returns are still required every year.  Your European friends may find this quite surprising as I've heard, for instance, that France will not tax you if you go live and work in Germany.   A foreign company operating in a foreign country under foreign law is not typically required to give you a W-2, 1099, or any of the forms you are used to. Indeed, you should be paying taxes in the place where you live and work, which is probably somewhat different than the USA.  Keep all these records as they may be useful for your USA taxes as well.  You are required to total up what you were paid in Euros and convert them to US$.  This will go on the income section of a 1040.  You should be paying taxes in the EU country where you live.  You can also total those up and convert to US$.  This may be useful for a foreign tax credit. If you are living in the EU long term, like over 330 days/year or you have your home and family there, then you might qualify for a very large exemption from your income for US tax purposes, called the Foreign Earned Income Exclusion.  This is explained in IRS Publication 54.  The purpose of this is primarily to avoid double taxation. FBAR is a serious thing.  In past years, the FBAR form went to a Financial Crimes unit in Detroit, not the regular IRS address.  Also, getting an extension to file taxes does not extend the deadline for the FBAR.   Some rich people have paid multi-million dollar fines over FBAR and not paying taxes on foreign accounts.  I've heard you can get a $10,000 FBAR penalty for inadvertent, non-willful violations so be sure to send those in and it goes up from there to $250k or half the value of the account, whichever is more.  You also need to know about whether you need to do FATCA reporting with your 1040.  There are indeed, a lot of obnoxious things you need to know about that came into existence over the years and are still on the law books -- because of the perpetual 'arms race' between the government and would be cheaters, non-payers and their advisors.  http://www.irs.gov/publications/p54/ http://americansabroad.org/" While some of that money was made overseas, in many cases half or more was made domestically. I'm not pretending that a company should have any obligation to pay taxes to America on money earned abroad, but I am saying they have an obligation to pay taxes to America earned at home.  If an American company cannot discern between domestic and foreign sales, that sounds like a them problem, not a me problem, and we'll assess the full amount. Something tells me they'll be able to report the portion they made domestically. I can clear the Thailand side for you.  These are the sale tax in Thailand: Don't forget to ask your bank in Thailand to issue an (FTFs). This document shows the money originated from abroad (before in came to your Thai account) from outside of Thailand.  The land office will ask for the (FTFs). Form 8288 is to report to the IRS withholding of capital gains tax that may be due from the seller. Foreign nationals don't always file tax returns, so they often didn't pay capital gains tax on properties that they sold. Congress decided to make the buyers responsible for this tax so that they would have a better chance of collecting it. There is a penalty against the buyer if that tax is not withheld. Your attorney should have filed this form on your behalf as part of the closing papers. I think your first step is to look at your copy of the closing papers and see if money was withheld from the sale. There definitely should be disclosure of these requirements before the sale. You should also follow up with your attorney to see whether he has already filed the forms 8288 and 8288-A on your behalf. If you had purchased for less than $300,000 (and were purchasing for your primary residence), you would not have to file that form, but since the property was under $1,000,000 the withholding rate is only 10% (rather than 15%).