Help with choosing tax form (US vs UK) for ShareASale

[rickgrimes17]

(This is my first post on this forum so apologies if I've used the wrong thread!)

I've just been accepted onto ShareASale as an affiliate and I'm trying to set up my account. I have two options when it comes to the tax form I need to complete:

1. If you are not a United State Citizen, and do not live or work in the United States - and you do not have any employees or own any equipment in the United States that is related to your ShareASale earnings, please complete the Non-USA Certification Form.
2. You are not a United States Citizen, but your income is effectively connected with the United States because you operate within the United States, or have employees and/or equpiment in the United States that is effectively connected with your ShareASale earnings.

I live and work in the UK, and my company is registered in the UK, and I have no equipment or employees or any of the sort in the US. However, the majority of my audience (website visitors and customers from whom I get a commission) are in the US. I'm 99.9% sure it's still the first form I need to complete, but the wording of the second option confuses me because "operate within" could have a very broad application.

Can anyone please help guide me which one I should be choosing? I sent this query to the ShareASale support team but of course they just got back to me saying they couldn't give me any 'tax advice' so they can't help. Thanks!

 

[Graybeard]

WELCOME ABOARD ...

━━━●──────────────
and my company is registered in the UK, and I have no equipment or employees or any of the sort in the US
2. EXEMPT --if you have "no legal nexus" that means no physical location or connection (place of business, company owed facilities, registered as a foreign corporation or other entity).
file form https://www.irs.gov/pub/irs-pdf/fw8ben.pdf as a foreign individual
You are NOT an individual . . . W-8BEN-E E (is for entity?)
If you use a VAT number issued to a business entity and NOT your individual name
As an example. Your business name that files UK taxes is: ABC Company

 

[rickgrimes17]

Thanks Graybeard! Just to clarify - are you saying I fall into category 1 as I have no legal nexus?

ShareASale doesn't actually give me the choice of completing a W-8BEN form, which I believe I did complete when I used the Commission Junction platform. ShareASale only gives me the option of completing their own 'Non-USA Certification Form' (if I fall into category 1), or W-8ECI form (if I fall into category 2).

 

[Graybeard]

Who are you? a UK individual doing business as, or; a UK corporation or other entity with a VAT number?

 

[rickgrimes17]

I am a UK corporation, registered in the UK with a UK address, but I don't have a VAT number (UK corporations only need to register for VAT when earning over £85k per year which I am not). I have a UTR (TIN) number.

 

[Graybeard]

Non-USA Certification Form

not legal nor accounting advice.
this goes back to nexus in a jurisdiction --you have none in the USA according to what you have said.

 

[rickgrimes17]

Thank you! Much appreciated

 

[T J Tutor]

If you are not a United State Citizen, and do not live or work in the United States - and you do not have any employees or own any equipment in the United States that is related to your ShareASale earnings, please complete the Non-USA Certification Form.

^^^THIS^^^THIS^^^THIS^^^

 

[daalber]

Thank you so much, cool.

 

[derekg]

Thanks man, I appreciate it.