Question on tax forms and applicable taxes

Hi,

I am a new Udemy instructor and have some questions related to the tax processes (I am an Romanian citizen - for context in the discussion).

I was requested to upload a tax identification form (I uploaded the W-8BEN form) and sent it.

First question: By looking on the form after a few days, I've seen that I left off some blank spaces (where I should have completed the form) - to be honnest it was my first form of this type and did not have correct context on what exactly I need to fill in and how. Is it possible to upload another W-8BEN form with correct data?

Second question: If I have uploaded the W-8BEN form, will taxes be automatically deducted from my payment and paid or I need to do some additional stuff to pay additional taxes here in Romania? My understanding is that when I upload this form and I will receive payments from my courses on Udemy, the taxes will be automcatically deducted and no additional payment is required in the current country (Romania) correct?

I hope to clarify this...since I am confused on the process and want to have things in a correct way setup.

Please note that 'Romania and the United States of America have signed a double taxation treaty that is meant to prevent double taxation of income and property and also prevent fiscal evasion. ... Its provisions are meant to encourage foreign investments and simplify taxation for individuals who are residents of one or both countries' - I hope this helps in this context of asking my questions.

Thank you

Comments

  • Hi Alexandru, regarding your second question I was looking for the same information, have you find anything yet?

  • I just got in live chat with a Udemy representative, asked the exact same question and they confirmed the taxes are automatically deducted. Hope this helpsudemy tax W-8BEN ROMANIA.png

  • Hi Alin,

    Thanks for your answer.

    So I assume that as a Romanian citizen (having W-8BEN form approved by Udemy - with 10% tax) - we don't need to pay additional tax in Romania correct?

    Thanks

  • Hi Alexandru / Alin / all,

    I have the same problem and question and I am yet to find a correct way to deal with the taxes here in Romania. I don't think that all the taxes are automatically deducted. From my understanding the 10% taxes that are automatically deducted apply only to the sales you make to american students, but for all the other sales in other countries we need to declare the revenue and pay the taxes here in Romania. I haven't found a clear way do do that yet and searched the web and even talked to an accountant. They said that you either create a self employed form "PFA" here in Romania or declare the revenue via "Declaratia Unica" as intelectual property revenue. But it is very confusing, so if there are any romanian instructors here that could help or shed light in this matter it would be very helpfull and highly appreciated. Looking forward to hearing other romanian instructors opinions.

    Thanks.

  • Hi Cristian,

    I've made an online research for this on multiple forums/pages related to this topic.

    My understanding is that if you are employed in Romania (have a salary and pay your taxes) + have additional intellectual property revenue on an year < 12 base salaries in Romania (the amount of < 12 base salaries only related to the intellectual property revenue) => you don't need to declare this revenue (taking into consideration that this is also deducted from Udemy.

    If you have your intellectual property revenue > 12 base salaries => for sure it seems you need to declare it as 'Declaratia Unica'

    But again...this is just a research - seems no one knows to answer this directly and to the point.

    Maybe others know better.

    Thanks

  • Hi Alexandru,

    From my research, my understanding is exactly the same. But, again, maybe we have more experienced instructors here from Romania who could share with us how are they declaring their taxes, as it would be very helpful.

    There is a facebook group with romanian instructors, i asked to join but haven't received membership yet, as I thought I'd pop the question there as well.

    Thanks.

  • That FB group isn't very active so don't count on it.

    After that 10% that's automatically retained, I pay taxes via a SRL company. Nothing complicated about it if you have a company.

    It may be different with a PFA.

    Good luck!

  • Thanks for the reply Cristian. Yeah, I saw that the FB group is not active:)

    In the meantime, i spoke with an accountant and another (more experienced) instructor and he advised the same: either via SRL or PFA, it is basically the same only the taxes are slightly different.

    I am going to start with a PFA then, if needed, move to a SRL.

    Many thanks again.

  • Salut,
    Am citit raspunsul tau la intrebarea cuiva si ma bucur mult ca ti-ai luat timp sa raspunzi. Ma aflu intr-o situatie similara. Am SRL si doresc sa public primul meu curs pe Udemy. Imi permiti sa iti adresez mai multe intrebari care vin, de fapt, de la contabilul meu? Daca da, le pot adresa aici? In privat?
    Iti multumesc.

  • Hey, CristianBarin,
    Could you help me with some info on a similar (to yours) situation? I also have a SRL and still can't find the right information on taxation. Thanks!

  • It's best to ask your accountant.

  • Ma refeream strict la formularele ce tin de Udemy...dar...mersi.

  • Contact me and I'll help as much as I can

  • Apreciez disponibilitatea. Am scris pe site, la sectiunea Contact. Nu am gasit live chat.
    Multumesc pentru timpul acordat! Este de mare ajutor oricare raspuns.

  • Care este concluzia finala?

    Deci ar fi doua variante pentru declarare taxe:

    1. ca persoana fizica

    2. ca firma srl/ PFA

    Am vazut ca sunt 2 tipuri de formulare pe udemy pentru taxe

    W-8BEN

    Used by non-U.S. individuals to certify that they are a beneficial owner or a financial account holder, and claim treaty benefits

    W-8ECI

    Used by non-U.S. individuals or entities to certify they’re a beneficial owner receiving U.S.-sourced income that is effectively connected with U.S. trade or business

    Din intelegerea mea pentru persoana fizca se completeaza

    W-8BEN

    Daca ne inregistram ca persoaa fizica si se obtin venituri din cursuri cred ca se incadreaza la

    Drepturi de proprietate intelectuală

    http://static.anaf.ro/static/10/Anaf/Contribuabili/scurt_ghid.htm

    Conform https://assets.kpmg/content/dam/kpmg/ro/pdf/2022/tax%20card%202022%20RO.pdf
    IMPOZIT PE VENIT
    Rata standard a impozitului pe venit este de 10%

    Drepturi de proprietate intelectuală - Plătitorii de venit au obligația reținerii la sursă a impozitului

    Venit impozabil = venit brut - 40%* venit brut
    Venit impozabil = venit brut – cheltuieli
    deductibile, în cazul în care contribuabilul a optat
    pentru determinarea venitului în sistem real.

    Aici pe ANAF este un ghid
    Ghidul fiscal al contribuabililor care realizează
    venituri din drepturi de proprietate
    intelectuală

    https://static.anaf.ro/static/10/Anaf/AsistentaContribuabili_r/Ghid_proprietate_intelectuala.pdf

    Voi la ce concluzii ati ajuns?