I’ve seen loads of posts with creators (outside of the US) having problems with the required paperwork to receive payments from Microsoft, without being charged tax withholding. I have helped out as best I can in these situations as Microsoft seems to stick by the “we don’t offer legal advice”, well neither do I, but I can tell you how I got mine all sorted.
NOTE: This is the way I handled getting mine all sorted. I am not guaranteeing that this will work for your application – this is just the way I did it.
Things to note:
1. I’m in the UK and am being paid into a UK bank account.
2. The UK has a tax treaty with the US.
From start to finish I needed to fill in three forms:
a. Letter from Microsoft.
b. W-7.
c. W8BEN.
a. Letter from Microsoft
(i). I downloaded and filled in this form with the relevant details.
(ii). I printed it out and made sure that I sent it off to the IRS with the completed W-7.
b. W-7
(i). I downloaded and filled in the W-7.
(ii). Areas that were confusing and/or misleading
* Reason for submitting W-7
I had to check both A & H and fill in the description of “Exception 1(d) – Royalties Income” in H
I used the treaty article number of 12 by reading this.
* Section 6b – This is where I filled in my National Insurance Number.
(iii).I took my passport to an approved notary, and had them notarise a copy and sent it to the FCO to obtain an apostille (legalise the copy).
Other options that I could have gone with are:
1. Sending my actual passport.
2. Getting a copy of my passport notarized by the IRS at the US Consulate.
Check List for sending off my W-7 to the IRS:
1. Completed, dated and signed W-7.
2. Included completed and dated letter from Microsoft.
3. Included copy of passport with apostille attached.
c. W8-BEN
(i). Upon receiving my ITIN from the IRS about twelve weeks later, I downloaded and filled in the W-8.
(ii). Send this off to Microsoft. The address is made available to you when you input you ITIN in the payment pages in the creators club.


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