Hello,
I have noticed that fotolia took 28% of my income as a tax (I am from EU).
I have an ITIN number for about 10 years, but what happened is that my W8-BEN on fotolia was not updated. I did not recieved any notification, so I didnt know it needs to be updated.
Do you think that there is a way how to get back this money, or it is lost?

Thanks for any advice

yeah, I learned that too, but late.
Do you think there is a way how to get back this tax, or it is lost?

ok, thanks, i will try

money is lost, nothing can be done.
"fortunately" my income from fotolia is not that large

fotolia pays you in credits, not in cash. they report the credits on your 1099 misc.

legally, if they report income on your 1099 that was paid to you in credits, fotolia has to pay cash to the IRS because the IRS does not accept fotolia credits.

Sorry what has that to do with the OP's post? 

I was asked to fill in a new tax form last monday. Instantly accepted

money is lost, nothing can be done.
"fortunately" my income from fotolia is not that large

Technically we're talking about Adobe now right? In any case, I experienced something similar with Zazzle and it took a couple months to sort out the mess during which Zazzle kept the 30% withholding tax (I'm also EU).

After the whole thing was sorted and the fact that Germany is a 0% withholding country, I received the past months tax withholding which Zazzle originally deducted.

Since my tax status hasn't changed during that time, Zazzle transferred the withheld tax amounts with the following payout. So I never really missed out on the 0% tax withholding.

The money that Fotolia kept in your case was intended to go to the IRS (if I understand correctly), but that should only happen if you wouldn't provide your ITIN. Since you did that Fotolia can keep those funds and get a coffee for that (no idea how much they kept). But I'm sure it is not their money after all...