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Irs and french Self employement ("auto-entreprise")

Los Angeles, CA |
Filed under: Tax law

Hi, i'm a French resident (NRA), and i'm selling tracks via Baseware (beatport). I've already sent them my W-8ben, and obtain my EIN with the SS4 form. But, today i've received a mail from the IRS who asks me to fill the 1120-F but i'm not a company (I'm self-employed/ "auto-entreprise"), i've never travelled to the U.S and i've not sell enough to receive money from Baseware (Beatport). I have no employees and don't expect to.

What's the good form i must fill (1040NR isnt'it ?) and how i must fill it ? Did the IRS made a mistake while recording my SS4? Do I have to correct something?

Best from France

Julien Brument

Attorney Answers 2

Posted

Sounds like something's wrong with the SS-4 information but it's not clear what form you should use because the details of the SS-4 would determine this. You can call the IRS to discuss the issue and may be able to sort thorough the confusion that way. If that doesn't work then you'll probably want to hire counsel to assist. This should not be an expensive issue but it is complex and knowing the details of entities and taxation will likely allow counsel to resolve it much more quickly that you'll be able to yourself.

Best Regards,

Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.

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4 comments

Asker

Posted

Ok. When I've called them to apply my EIN, maybe an error has occured. As a NRA self-employed, so untaxable, can you send me a form letter to mail to the IRS in order to explain/update my situation to them? I know I'm late for my dues but I didn't received any payment, but I'm a bit scared about my lates and so maybe liabilities (even if my income is about to 0...). And last question, as I'm a Non Resident, and without income revenues, why should I fill a tax-form? Kinds, Julien

Evan A Nielsen

Evan A Nielsen

Posted

If you have no income and don't want to claim any other deductions or benefits and have no other transactions requiring reporting then there's no reason for you personally to file. However, the entity you've established should file even if it has no income otherwise you'll not be in compliance with the formalities of formation. Keep in mind also that then you obtain an EIN, you're responsible for deadlines, etc., even if you're not reminded by the IRS. Their view is it's up to you, no matter what.

Evan A Nielsen

Evan A Nielsen

Posted

P.S. you'll find all the IRS forms at www.IRS.gov

Asker

Posted

Thanks a lot for your help.

Posted

There are few things that need to be clarified as to the source of income. There may also be a mistake as Mr. Nielsen suggested. International taxation is a complex field and I would strongly recommend to talk to an attorney to clarify the issue. Best.

This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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