< Back to IRS

Jordan Walker

How to complete W-8BEN form for overseas music producer receiving advance + claiming royalties from record label

Hey guys, I'm in a bit of a sticky situation with this W-8BEN form and could really use some advice. I'm a music producer based in Sweden and recently landed a track placement with an artist signed to a major US record label. Super excited about it, but now I'm completely confused about how to fill out this form they sent me. I'm particularly stuck on Part II, section 10 where it asks about the treaty benefits. I've been going through the Sweden/US tax treaty document but honestly, it's like reading ancient hieroglyphics to me. I can't figure out what percentage rate of withholding I should claim or which specific Articles apply to my situation. The label is offering both an upfront advance payment and ongoing royalties from the track. I have no idea if I need to list different rates for each type of income or what conditions I'm even eligible for under the treaty. If anyone has gone through this process before or has knowledge about international music royalties and tax forms, I'd be incredibly grateful for any guidance! This opportunity is huge for me and I don't want to mess it up by filling out the form incorrectly.

The W-8BEN form can definitely be confusing when dealing with creative royalties. For your situation as a music producer from Sweden receiving both an advance and royalties, you'll want to focus on Article 12 of the US-Sweden tax treaty which covers royalties. Under this treaty, royalties arising in the US and paid to a resident of Sweden are typically taxable at a reduced rate of 0% (meaning no withholding) if you're the beneficial owner. This applies to both your advance (which is essentially pre-paid royalties) and your ongoing royalty payments. For Part II, line 10 of the W-8BEN, you would write something like: "Article 12 of the US-Sweden tax treaty - 0% withholding on copyright royalties." Make sure you've properly completed Part I establishing your Swedish residency, and that you've signed and dated the form. Also important - make sure you have a US Tax Identification Number (TIN) or apply for one if needed, as many record labels require this even with the treaty benefits.

0 coins

Thanks for the explanation, but I'm a bit confused. I thought advances were considered separate from royalties for tax purposes? And do I need to specify somewhere that part of the income is an advance vs ongoing royalties? Also, does it matter if the advance is recoupable or non-recoupable?

0 coins

Advances are typically considered pre-paid royalties for tax treaty purposes, so they generally fall under the same classification. You don't need to specify different income types on the W-8BEN itself - the form is simply establishing your identity and claim to treaty benefits. Whether the advance is recoupable or non-recoupable doesn't affect how you complete the W-8BEN, though it may have other tax implications in your home country. What matters for the W-8BEN is that you're receiving payments that qualify as royalties under the treaty definition, which typically includes payments for the use of or right to use copyrighted works.

0 coins

After struggling with similar royalty issues last year, I discovered taxr.ai (https://taxr.ai) and it was an absolute game-changer for my international music production work. I was bouncing between different countries while working with US labels and had no idea how to handle the tax documentation. The tool analyzed my publishing contracts and immediately identified which treaty provisions applied to my specific situation. It actually walks you through filling out the W-8BEN form field by field and explains exactly which articles of the tax treaty apply to your specific income types. What I found particularly helpful was how it differentiated between the advance payments and the ongoing royalties, showing me the correct withholding rates for each based on my country's treaty with the US.

0 coins

How exactly does this work? Do you just upload your contracts and it figures everything out? My situation is complicated because I'm receiving songwriter royalties, production fees, AND sample licensing income from the US.

0 coins

Sounds interesting but I'm skeptical. How can a website possibly know all the tax treaties between different countries? I've heard these AI tools just make stuff up sometimes. Did you verify the information with an actual accountant?

0 coins

Yes, you just upload your contracts or other relevant documents and it identifies the key elements that determine your tax treatment. It has specialized analysis for different income types including the exact ones you mentioned - songwriter royalties, production fees, and sample licensing. It will break down the different treaty articles that apply to each. I was definitely skeptical at first too! The difference is that this isn't a generic AI - it's specifically trained on international tax treaties and music industry contracts. I did actually have my accountant review the results, and she was impressed with the accuracy. She mentioned that the system is using the actual tax treaty text and IRS guidance rather than making approximations.

0 coins

I wanted to follow up about my experience with taxr.ai. After my skeptical comment, I decided to try it for my situation with royalties coming from the UK, Germany and the US. I was blown away by how detailed the analysis was - it correctly identified different withholding rates for each country based on their specific treaties with my home country. The system actually showed me the exact treaty articles and explained WHY they applied to my situation. For my US royalties specifically, it helped me complete the W-8BEN properly and explained that I needed to use Article 12 but also reference the "beneficial ownership" requirement in Article 22. My publisher accepted the form without any questions, and I'm already seeing the correct withholding rates applied. Huge weight off my shoulders since I was really stressing about doing this wrong and either overpaying taxes or getting in trouble.

0 coins

If you're still having issues with your W-8BEN form after trying online resources, you might want to try Claimyr (https://claimyr.com). I was in a similar situation with international royalties and needed clarification directly from the IRS, but couldn't get through on the phone for weeks. Claimyr got me connected to an actual IRS agent within 45 minutes who specialized in international tax treaties. I explained my situation with the Swedish royalty payments, and they walked me through exactly how to complete Part II, line 10 correctly for my specific situation. They even explained which supporting documentation I should keep on file in case of questions later. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. It saved me so much time and frustration compared to trying to figure everything out from confusing online articles or waiting endlessly on hold.

0 coins

How much does this service cost? The IRS hotline is free if you can actually get through...

0 coins

This sounds like BS honestly. The IRS agents I've spoken with barely understand domestic tax issues, let alone complex international treaty stuff. They usually just read from the same public guidelines we can all find online. Did they actually tell you anything useful?

0 coins

The service itself has a fee, but I found it completely worth it given how much money was at stake with my royalty contracts. Getting the withholding rate wrong could have cost me thousands. I was also skeptical at first, but the IRS agent I spoke with was from their international tax division and clearly dealt with these issues regularly. She didn't just read guidelines - she asked specific questions about my situation (type of royalties, whether I had a fixed base in the US, etc.) and then directed me to the exact treaty provisions that applied. She even explained how to handle the "limitation on benefits" provisions that weren't clear in the general instructions. This was definitely beyond what I could find in public guidance.

0 coins

I need to eat my words about Claimyr. After my skeptical comment, I was still stuck with my W-8BEN form for DJ royalties coming from a US label, so I finally tried the service. Within 30 minutes, I was talking to someone from the IRS international division. The agent actually explained that for my specific situation (electronic music production), I needed to distinguish between royalties for the sound recording (covered under Article 12) versus possible performance income (which falls under Article 18 with different withholding rates). He also pointed out that if I was planning to perform in the US later, that would require completely different documentation. This level of specific guidance was exactly what I needed and definitely not something I could have figured out from generic online resources. I've now submitted my correctly completed W-8BEN and the label has confirmed they'll apply the correct treaty rates. Worth every penny for the peace of mind alone.

0 coins

If it helps, I went through this exact process last year with a Japanese record label. For Denmark specifically, you want to look at Article 12 of the US-Denmark tax treaty. If I remember correctly, the withholding rate should be 0% for copyright royalties if you're the beneficial owner. Make sure you specify you're claiming treaty benefits under Article 12 in Part II, line 10. And don't forget to complete the "Certification" part below that section! Also, keep in mind that the record label might still withhold taxes initially until they've processed your W-8BEN form properly. In my case, I had to follow up a couple times to make sure they applied the correct withholding rate.

0 coins

Thanks so much for this specific info about the Denmark treaty! That's super helpful. Did you have any issues with the "Special rates and conditions" part? Did you have to write anything specific there besides just mentioning Article 12?

0 coins

For the "Special rates and conditions" part, I simply wrote "Article 12 - 0% withholding on copyright royalties" and that was sufficient. I didn't need to add any additional explanation or conditions. Just make sure you meet all the basic requirements - you must be a resident of Denmark for tax purposes, you must be the beneficial owner of the royalty income (meaning you're not just receiving it as an agent or intermediary), and you need to have your tax identification number filled in correctly.

0 coins

One thing nobody has mentioned yet - make sure the record label has your correct address in Denmark! I had issues because my management company was in the UK, but I was personally based in Norway. The label kept applying the UK tax treaty instead of the Norwegian one. You might also want to check if your specific type of music production work actually counts as "royalties" under the treaty definition. Sometimes certain production fees are considered "personal services" instead, which fall under different articles with different withholding rates.

0 coins

This is such a good point. I got screwed on this because my publishing company was US-based but I live in Canada. Ended up paying way more tax than necessary because the wrong treaty was applied.

0 coins

Just wanted to add my experience as someone who went through this exact situation last year with Swedish royalties. I'm a songwriter/producer based in Stockholm and had similar confusion with the W-8BEN form. The key thing that helped me was understanding that Sweden actually has one of the best tax treaties with the US for creative professionals. Article 12 does indeed provide for 0% withholding on copyright royalties, but you need to be very specific about how you describe your income. For your advance payment, even though it's upfront money, it's still considered a royalty payment under the treaty since it's directly tied to the use of your copyrighted work. Make sure you emphasize in any correspondence with the label that this is copyright-related income, not just general production services. One tip: if your track involves both composition and production elements, you might want to clarify with the label how they're categorizing the different components of your payment. Sometimes they split these out differently for their own accounting purposes. Also, don't stress too much about getting it perfect on the first try. Most major US labels have dealt with international producers before and their accounting departments can usually help clarify if there are any issues with your form submission.

0 coins

This is really helpful advice, especially about being specific with how the income is described! I'm curious though - did you run into any issues with the "beneficial owner" requirement? I'm wondering if having a Swedish publishing company or PRO involved affects how I should fill that part out, or if I can still claim the treaty benefits directly as the producer/songwriter. Also, when you mentioned that major labels usually help clarify issues - did you work directly with their accounting department, or did you go through A&R/your contact at the label first?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today