Hello there,
I also have a limited company based in Romania and I've searched the internet for some guidance and i found out this great great blog post which explains how to correctly fill out the US Tax Form w-8ben-e for a limited company based in Romania. This is the link: https:// www .cristiangutu.pro /***-completezi-un-formular-w-8ben-e/ (sorry but i had to space out the url or else i wouldn't have been allowed to post it here, at all...)
If for some reasons the link gets outdated and won't work in the future I will explain here what's important:
For "8. U.S. taxpayer identification number (TIN), if required" you don't fill in anything, you leave it blank.
For "9b. Foreign TIN" you fill in your company's fiscal code not your national ID number (with or without the country code RO in front of the number).
For 9c if you have it leave it blank, the same for 10.
Now onto the fun part: Part III: Claim of Tax Treaty Benefits:
For "14a and 14b" you check them both, leaving "14c (if you have it)" empty. For the dropdown option on 14b you select this: Type of limitation on benefits provisions: Company that meets the ownership and base erosion test.
For "15 Special rate and Conditions" you fill it like this:
The beneficial owner is claiming the provisions of Article and paragraph Article 7 - Business Profits of the treaty identified on line 14a above to claim a 0.00 % rate of withholding on (specify type of income): and here you only check the first option -> Income from the sale of applications.
Then for the explanation under "Explain the additional conditions in the Article the beneficial owner meets to be eligible for the rate of withholding" you type in this: The company is resident in Romania and does not carry on business in the United States nor does it have a permanent establishment in the United States. (Romania-US Convention for the Avoidance of Double Taxation of January 1st 1974).
Finally for "Part ***: Certification" you only check the first option and then sign your name, check anything else that you might have to check and submit the form.
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