Foreign individual iOS developer legal issue?

[alayouni]

I've a question that's been intriguing me for a while, and I thought maybe this forum can help with some guidance.

In fact I worked in the US for 18 months under a J-1 visa as a trainee in the past, and I used to pay taxes during my stay. Last February 2014, I had to leave the US due to visa expiration, but a couple months prior to my departure I created an iOS developer account using my US bank account and my old contact details in the US, in addition to my SSN which I'm assuming might have expired after I left.

Now I'm back to my country Tunisia, and I'm worried if I contact Apple to update my contact details they might shutdown my account due to legal issues since I'm probably no longer considered a US person. My US bank account is still operational though, but I haven't updated my contact details there neither.

My question is: what would be the best option for me:

- Keep my contact details as is, stay out of trouble and just submit my new app to the app store which might generate some revenue. But in this case do I run any legal risks? Given that I have paid for my developer account and registered when I was still in the US.

- Update my contact details with both my US bank (Wells Fargo) and Apple? And if so what are the chances to lose my account(s).

I am attaching a screen shot for my tax agreement with Apple, in which I confirmed that I'm a US person with the contact details and the SSN that used to be valid when I was in the US.

Any guidance would be most appreciated!

[rayb]

Alayouni,

SSN's don't expire. I can't speak for your Apple agreement, as your screen shot didn't show. But I cannot perceive any difficulty that you might have in collecting income from the U.S. or continuing to use a U.S. bank account..unless your Apple agreement disallows continued business activity once you no longer have a legal U.S. status.

--RayB

I've a question that's been intriguing me for a while, and I thought maybe this forum can help with some guidance.

In fact I worked in the US for 18 months under a J-1 visa as a trainee in the past, and I used to pay taxes during my stay. Last February 2014, I had to leave the US due to visa expiration, but a couple months prior to my departure I created an iOS developer account using my US bank account and my old contact details in the US, in addition to my SSN which I'm assuming might have expired after I left.

Now I'm back to my country Tunisia, and I'm worried if I contact Apple to update my contact details they might shutdown my account due to legal issues since I'm probably no longer considered a US person. My US bank account is still operational though, but I haven't updated my contact details there neither.

My question is: what would be the best option for me:

- Keep my contact details as is, stay out of trouble and just submit my new app to the app store which might generate some revenue. But in this case do I run any legal risks? Given that I have paid for my developer account and registered when I was still in the US.

- Update my contact details with both my US bank (Wells Fargo) and Apple? And if so what are the chances to lose my account(s).

I am attaching a screen shot for my tax agreement with Apple, in which I confirmed that I'm a US person with the contact details and the SSN that used to be valid when I was in the US.

Any guidance would be most appreciated!

[alayouni]

Hi rayb,

Thank you very much for the quick answer!

My bad I forgot the attachment, please find it below.

Here's also a link to the full agreement:

https://docs.google.com/file/d/0Bxza7rgnAj04WTRaeVNVOHllZDA

which is quiet long, but maybe you have ways to access relevant information quickly without having to go through the full doc.

Otherwise I thought SSN's for J1 visitors have a different format from regular SSN's, but I guess I was wrong? And so if I understood you correctly, you think it would be safe to request an update with my new contact details? In fact some people told me that since I'm operating from outside the US but basically doing business in the US, I might have some import/export tax or legal issues, which is what intrigues me the most. I'm trying to be careful, so I don't make a wrong move that would take my account away.

Many thanks again!

[immihelp]

I believe that you should be allowed to be iOS developer even if you are not US person.

Therefore, it is in your best interest if you update your details with them and inform that you are no longer a US person. Therefore, you have no question of incurring any US tax liabilities.

[alayouni]

I believe that you should be allowed to be iOS developer even if you are not US person.

Therefore, it is in your best interest if you update your details with them and inform that you are no longer a US person. Therefore, you have no question of incurring any US tax liabilities.

Thank you for the advice immihelp, but what about the last line of the certification agreement (see attached screenshot):

Under penalties of perjury, I certify that: I am a US citizen, or other US person (defined within the instructions available above)