Q: Can I get in trouble for getting an EIN having a tourist visa b1/b2?
I'm a game developer, and I'm currently selling my first game on an online store called "Steam" that is based in the USA.
The store sales my game globally but still requires me to provide an EIN or ITIN(I was advised not the get an ITIN) and if I don't... they will withhold an extra 30% of my revenue for tax purposes and that's a lot!
I talked to a lawyer recently and he advised me not to get an ITIN because I have a tourist visa b1/b2, and he said I could get in trouble when crossing the border(which is frequently)... I forgot to mention that I'm from and live in Mexico.
I contacted the store where I'm selling my game, and they told me to call the IRS and get an EIN, they said the process was very easy and fast... but I'm afraid I could lose my tourist visa if I get it... for breaking a rule or something.
The lawyer advised me to open an LLC but he mentioned this could also get me in trouble... so I don't really know what to do, it's very frustrating.
A: If you have retained a lawyer and don’t have trust to ask that person the questions posted here. You should seek second opinion from an experienced immigration attorney instead of relying on the answers on a free public forum. Good luck.
Zaher Fallahi agrees with this answer
A: To be on the safe-side, you should obtain legal advice reading conducting business under Tourist visa, first. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA, MS, MBA.
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