30% US Withholding Tax
30% US Withholding Tax
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Discussion

razbox

Original Poster:

907 posts

243 months

Saturday 30th September 2023
quotequote all
I'm doing a speech in the US and the company wants to hold back 30% for withholding tax. Given we have double-taxation agreements with the US, what do I have to do to not have to pay this? cheers

razbox

Original Poster:

907 posts

243 months

Saturday 30th September 2023
quotequote all
Found the answer here on this super-helpful website in case it helps others: https://tipalti.com/what-is-w-8ben-e/

The Leaper

5,524 posts

230 months

Saturday 30th September 2023
quotequote all
W8-BEN form completion and submission is the way to go. By doing so, you will declare that you are a USA non resident alien for USA tax purposes. I have been doing this every five years (form expires after 5 years) for maybe 30 years because I have dividends paid by a USA headquartered company that I pay into the UK and are subject to UK tax.

Note that whether or not the USA income is remitted to UK is irrelevant: HMRC require such income to be taxed in the UK on the arising basis

Note too that completion of the form means that the USA withholding tax of 30% reduces to 15%, (you do not escape USA tax entirely, but see next para) so you can then remit a larger amount of the USA gross pay to UK.

When you complete your UK SA, you will need to fill in the Foreign Section too, and insert the amount of USA gross earnings you have been paid and the withholding tax that you have had deducted from those earnings. You will be liable for UK income tax on your USA gross earnings on an arising basis. The withholding tax you declare via SA will be offset against your total UK income tax liability so, in effect what you have paid in USA tax is "collected back by you" via the UK SA system.

R.

razbox

Original Poster:

907 posts

243 months

Saturday 30th September 2023
quotequote all
Thank you for your detailed reply - that is super-helpful thumbup


ellroy

7,750 posts

249 months

Sunday 1st October 2023
quotequote all
Is this a one off? You need to be very careful with US earnings etc

Some UK financial institutions will flat out refuse to deal with you with US connections of any sort. If it’s likely to become more frequent seek some decent tax advice before going ahead and suffering potentially pita consequences.

The Leaper

5,524 posts

230 months

Sunday 1st October 2023
quotequote all
Just to correct my earlier post, the W8-BEN form needs renewing every 3 years, not 5, as I said before.

R.