Free IRS W-8BEN-E Form in PDF

Free IRS W-8BEN-E Form in PDF

The IRS W-8BEN-E form is a crucial document for foreign entities conducting business or financial transactions with U.S. companies. It's designed to certify the entity's status and eligibility for reduced withholding tax rates under tax treaties, preventing double taxation. Ensure you fill out this form accurately to comply with U.S. tax regulations—click the button below to get started.

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For entities operating within international frameworks, navigating the requirements of the U.S. tax system presents a complex set of challenges. Among these, the IRS W-8BEN-E form serves as a critical tool, specifically designed for foreign entities to certify their status in terms of withholding taxes on income connected to U.S. sources. This form not only aids in correctly identifying the entity's tax status but also plays a pivotal role in determining the applicability of tax treaties, potentially reducing the rate of withholding tax that might otherwise be levied on payments received. It's integral for foreign entities, such as corporations and partnerships, to grasp the significance of the W-8BEN-E form, comprehend the diverse categories and exemptions available, and accurately submit this declaration to the IRS and withholding agents. Incorrect or incomplete forms can lead to over-withholding of taxes, thereby affecting financial inflow and necessitating a meticulous process of correction and refund. Consequently, understanding the nuances of the W-8BEN-E form is not just a regulatory requisite but a strategic financial move for entities engaging with U.S.-based entities or individuals.

Preview - IRS W-8BEN-E Form

Form W-8BEN-E

(Rev. October 2021)

Department of the Treasury

Internal Revenue Service

Certificate of Status of Beneficial Owner for

United States Tax Withholding and Reporting (Entities)

For use by entities. Individuals must use Form W-8BEN. Section references are to the Internal Revenue Code.

Go to www.irs.gov/FormW8BENE for instructions and the latest information.

Give this form to the withholding agent or payer. Do not send to the IRS.

OMB No. 1545-1621

Do NOT use this form for:

Instead use Form:

• U.S. entity or U.S. citizen or resident .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.

. W-9

• A foreign individual

. . . . . . . . . . . . . . . . . . . . . . W-8BEN (Individual) or Form 8233

• A foreign individual or entity claiming that income is effectively connected with the conduct of trade or business within the United States

 

 

(unless claiming treaty benefits) . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.

W-8ECI

• A foreign partnership, a foreign simple trust, or a foreign grantor trust (unless claiming treaty benefits) (see instructions for exceptions) .

.

W-8IMY

A foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U.S. possession claiming that income is effectively connected U.S. income or that is claiming the applicability of section(s) 115(2),

501(c), 892, 895, or 1443(b) (unless claiming treaty benefits) (see instructions for other exceptions)

W-8ECI or W-8EXP

• Any person acting as an intermediary (including a qualified intermediary acting as a qualified derivatives dealer)

. . . . W-8IMY

Part I Identification of Beneficial Owner

1Name of organization that is the beneficial owner

2Country of incorporation or organization

3Name of disregarded entity receiving the payment (if applicable, see instructions)

4Chapter 3 Status (entity type) (Must check one box only):

Simple trust

Tax-exempt organization

Central Bank of Issue

Private foundation

Grantor trust

Disregarded entity

Corporation Complex trust Estate

International organization

Partnership

Foreign Government - Controlled Entity

Foreign Government - Integral Part

If you entered disregarded entity, partnership, simple trust, or grantor trust above, is the entity a hybrid making a treaty claim? If “Yes,” complete Part III.

Yes

No

5 Chapter 4 Status (FATCA status) (See instructions for details and complete the certification below for the entity's applicable status.)

Nonparticipating FFI (including an FFI related to a Reporting IGA FFI other than a deemed-compliant FFI, participating FFI, or exempt beneficial owner).

Nonreporting IGA FFI. Complete Part XII.

Foreign government, government of a U.S. possession, or foreign central bank of issue. Complete Part XIII.

Participating FFI. Reporting Model 1 FFI. Reporting Model 2 FFI.

Registered deemed-compliant FFI (other than a reporting Model 1 FFI, sponsored FFI, or nonreporting IGA FFI covered in Part XII). See instructions.

International organization. Complete Part XIV. Exempt retirement plans. Complete Part XV.

Entity wholly owned by exempt beneficial owners. Complete Part XVI. Territory financial institution. Complete Part XVII.

Excepted nonfinancial group entity. Complete Part XVIII. Excepted nonfinancial start-up company. Complete Part XIX.

Sponsored FFI. Complete Part IV.

Certified deemed-compliant nonregistering local bank. Complete Part V.

Certified deemed-compliant FFI with only low-value accounts. Complete Part VI.

Certified deemed-compliant sponsored, closely held investment vehicle. Complete Part VII.

Certified deemed-compliant limited life debt investment entity. Complete Part VIII.

Certain investment entities that do not maintain financial accounts. Complete Part IX.

Owner-documented FFI. Complete Part X. Restricted distributor. Complete Part XI.

Excepted nonfinancial entity in liquidation or bankruptcy. Complete Part XX.

501(c) organization. Complete Part XXI. Nonprofit organization. Complete Part XXII.

Publicly traded NFFE or NFFE affiliate of a publicly traded corporation. Complete Part XXIII.

Excepted territory NFFE. Complete Part XXIV.

Active NFFE. Complete Part XXV.

Passive NFFE. Complete Part XXVI.

Excepted inter-affiliate FFI. Complete Part XXVII.

Direct reporting NFFE.

Sponsored direct reporting NFFE. Complete Part XXVIII. Account that is not a financial account.

6Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address).

City or town, state or province. Include postal code where appropriate.

Country

7 Mailing address (if different from above)

City or town, state or province. Include postal code where appropriate.

 

Country

 

 

 

For Paperwork Reduction Act Notice, see separate instructions.

Cat. No. 59689N

Form W-8BEN-E (Rev. 10-2021)

Form W-8BEN-E (Rev. 10-2021)

Page 2

Part I

Identification of Beneficial Owner (continued)

 

8U.S. taxpayer identification number (TIN), if required

9a GIIN

bForeign TIN

c Check if FTIN not legally required . . . . . .

10Reference number(s) (see instructions)

Note: Please complete remainder of the form including signing the form in Part XXX.

Part II Disregarded Entity or Branch Receiving Payment. (Complete only if a disregarded entity with a GIIN or a branch of an FFI in a country other than the FFI’s country of residence. See instructions.)

11Chapter 4 Status (FATCA status) of disregarded entity or branch receiving payment

Branch treated as nonparticipating FFI.

Reporting Model 1 FFI.

U.S. Branch.

Participating FFI.

Reporting Model 2 FFI.

 

12Address of disregarded entity or branch (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address).

City or town, state or province. Include postal code where appropriate. Country

13GIIN (if any)

Part III Claim of Tax Treaty Benefits (if applicable). (For chapter 3 purposes only.)

14

a

b

I certify that (check all that apply):

 

The beneficial owner is a resident of

 

within the meaning of the income tax

treaty between the United States and that country.

 

The beneficial owner derives the item (or items) of income for which the treaty benefits are claimed, and, if applicable, meets the requirements of the treaty provision dealing with limitation on benefits. The following are types of limitation on benefits provisions that may be included in an applicable tax treaty (check only one; see instructions):

Government

Company that meets the ownership and base erosion test

Tax-exempt pension trust or pension fund

Company that meets the derivative benefits test

Other tax-exempt organization

Company with an item of income that meets active trade or business test

Publicly traded corporation

Favorable discretionary determination by the U.S. competent authority received

Subsidiary of a publicly traded corporation

No LOB article in treaty

 

Other (specify Article and paragraph):

c The beneficial owner is claiming treaty benefits for U.S. source dividends received from a foreign corporation or interest from a U.S. trade or business of a foreign corporation and meets qualified resident status (see instructions).

15Special rates and conditions (if applicable—see instructions):

The beneficial owner is claiming the provisions of Article and paragraph

of the treaty identified on line 14a above to claim a

 

 

% rate of withholding on (specify type of income):

Explain the additional conditions in the Article the beneficial owner meets to be eligible for the rate of withholding:

Part IV

Sponsored FFI

16Name of sponsoring entity:

17Check whichever box applies.

I certify that the entity identified in Part I:

Is an investment entity;

Is not a QI, WP (except to the extent permitted in the withholding foreign partnership agreement), or WT; and

Has agreed with the entity identified above (that is not a nonparticipating FFI) to act as the sponsoring entity for this entity.

I certify that the entity identified in Part I:

Is a controlled foreign corporation as defined in section 957(a);

Is not a QI, WP, or WT;

Is wholly owned, directly or indirectly, by the U.S. financial institution identified above that agrees to act as the sponsoring entity for this entity; and

Shares a common electronic account system with the sponsoring entity (identified above) that enables the sponsoring entity to identify all account holders and payees of the entity and to access all account and customer information maintained by the entity including, but not limited to, customer identification information, customer documentation, account balance, and all payments made to account holders or payees.

Form W-8BEN-E (Rev. 10-2021)

Form W-8BEN-E (Rev. 10-2021)

Page 3

Part V

Certified Deemed-Compliant Nonregistering Local Bank

 

18

I certify that the FFI identified in Part I:

 

Operates and is licensed solely as a bank or credit union (or similar cooperative credit organization operated without profit) in its country of incorporation or organization;

Engages primarily in the business of receiving deposits from and making loans to, with respect to a bank, retail customers unrelated to such bank and, with respect to a credit union or similar cooperative credit organization, members, provided that no member has a greater than 5% interest in such credit union or cooperative credit organization;

Does not solicit account holders outside its country of organization;

Has no fixed place of business outside such country (for this purpose, a fixed place of business does not include a location that is not advertised to the public and from which the FFI performs solely administrative support functions);

Has no more than $175 million in assets on its balance sheet and, if it is a member of an expanded affiliated group, the group has no more than $500 million in total assets on its consolidated or combined balance sheets; and

Does not have any member of its expanded affiliated group that is a foreign financial institution, other than a foreign financial institution that is incorporated or organized in the same country as the FFI identified in Part I and that meets the requirements set forth in this part.

Part VI

Certified Deemed-Compliant FFI with Only Low-Value Accounts

19

I certify that the FFI identified in Part I:

Is not engaged primarily in the business of investing, reinvesting, or trading in securities, partnership interests, commodities, notional principal contracts, insurance or annuity contracts, or any interest (including a futures or forward contract or option) in such security, partnership interest, commodity, notional principal contract, insurance contract or annuity contract;

No financial account maintained by the FFI or any member of its expanded affiliated group, if any, has a balance or value in excess of $50,000 (as determined after applying applicable account aggregation rules); and

Neither the FFI nor the entire expanded affiliated group, if any, of the FFI, have more than $50 million in assets on its consolidated or combined balance sheet as of the end of its most recent accounting year.

Part VII

Certified Deemed-Compliant Sponsored, Closely Held Investment Vehicle

20Name of sponsoring entity:

21

I certify that the entity identified in Part I:

Is an FFI solely because it is an investment entity described in Regulations section 1.1471-5(e)(4);

Is not a QI, WP, or WT;

Will have all of its due diligence, withholding, and reporting responsibilities (determined as if the FFI were a participating FFI) fulfilled by the sponsoring entity identified on line 20; and

20 or fewer individuals own all of the debt and equity interests in the entity (disregarding debt interests owned by U.S. financial institutions, participating FFIs, registered deemed-compliant FFIs, and certified deemed-compliant FFIs and equity interests owned by an entity if that entity owns 100% of the equity interests in the FFI and is itself a sponsored FFI).

Part VIII

Certified Deemed-Compliant Limited Life Debt Investment Entity

22

I certify that the entity identified in Part I:

Was in existence as of January 17, 2013;

Issued all classes of its debt or equity interests to investors on or before January 17, 2013, pursuant to a trust indenture or similar agreement; and

Is certified deemed-compliant because it satisfies the requirements to be treated as a limited life debt investment entity (such as the restrictions with respect to its assets and other requirements under Regulations section 1.1471-5(f)(2)(iv)).

Part IX

Certain Investment Entities that Do Not Maintain Financial Accounts

23

I certify that the entity identified in Part I:

Is a financial institution solely because it is an investment entity described in Regulations section 1.1471-5(e)(4)(i)(A), and

Does not maintain financial accounts.

Part X Owner-Documented FFI

Note: This status only applies if the U.S. financial institution, participating FFI, or reporting Model 1 FFI to which this form is given has agreed that it will treat the FFI as an owner-documented FFI (see instructions for eligibility requirements). In addition, the FFI must make the certifications below.

24a (All owner-documented FFIs check here) I certify that the FFI identified in Part I:

Does not act as an intermediary;

Does not accept deposits in the ordinary course of a banking or similar business;

Does not hold, as a substantial portion of its business, financial assets for the account of others;

Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to a financial account;

Is not owned by or in an expanded affiliated group with an entity that accepts deposits in the ordinary course of a banking or similar business, holds, as a substantial portion of its business, financial assets for the account of others, or is an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to a financial account;

Does not maintain a financial account for any nonparticipating FFI; and

Does not have any specified U.S. persons that own an equity interest or debt interest (other than a debt interest that is not a financial account or that has a balance or value not exceeding $50,000) in the FFI other than those identified on the FFI owner reporting statement.

Form W-8BEN-E (Rev. 10-2021)

Restricted Distributor
(All restricted distributors check here) I certify that the entity identified in Part I:
I certify that the FFI identified in Part I:

Form W-8BEN-E (Rev. 10-2021)

Page 4

Part X

Owner-Documented FFI (continued)

 

Check box 24b or 24c, whichever applies. b

Has provided, or will provide, an FFI owner reporting statement that contains:

(i)The name, address, TIN (if any), chapter 4 status, and type of documentation provided (if required) of every individual and specified U.S. person that owns a direct or indirect equity interest in the owner-documented FFI (looking through all entities other than specified U.S. persons);

(ii)The name, address, TIN (if any), and chapter 4 status of every individual and specified U.S. person that owns a debt interest in the owner-documented FFI (including any indirect debt interest, which includes debt interests in any entity that directly or indirectly owns the payee or any direct or indirect equity interest in a debt holder of the payee) that constitutes a financial account in excess of $50,000 (disregarding all such debt interests owned by participating FFIs, registered deemed-compliant FFIs, certified deemed- compliant FFIs, excepted NFFEs, exempt beneficial owners, or U.S. persons other than specified U.S. persons); and

(iii)Any additional information the withholding agent requests in order to fulfill its obligations with respect to the entity.

Has provided, or will provide, valid documentation meeting the requirements of Regulations section 1.1471-3(d)(6)(iii) for each person identified in the FFI owner reporting statement.

c I certify that the FFI identified in Part I has provided, or will provide, an auditor's letter, signed within 4 years of the date of payment,

from an independent accounting firm or legal representative with a location in the United States stating that the firm or representative has reviewed the FFI’s documentation with respect to all of its owners and debt holders identified in Regulations section 1.1471-3(d)(6)(iv)(A)(2), and that the FFI meets all the requirements to be an owner-documented FFI. The FFI identified in Part I has also provided, or will provide, an FFI owner reporting statement of its owners that are specified U.S. persons and Form(s) W-9, with applicable waivers.

Check box 24d if applicable (optional, see instructions).

d I certify that the entity identified on line 1 is a trust that does not have any contingent beneficiaries or designated classes with unidentified beneficiaries.

Part XI

25a

Operates as a distributor with respect to debt or equity interests of the restricted fund with respect to which this form is furnished;

Provides investment services to at least 30 customers unrelated to each other and less than half of its customers are related to each other;

Is required to perform AML due diligence procedures under the anti-money laundering laws of its country of organization (which is an FATF- compliant jurisdiction);

Operates solely in its country of incorporation or organization, has no fixed place of business outside of that country, and has the same country of incorporation or organization as all members of its affiliated group, if any;

Does not solicit customers outside its country of incorporation or organization;

Has no more than $175 million in total assets under management and no more than $7 million in gross revenue on its income statement for the most recent accounting year;

Is not a member of an expanded affiliated group that has more than $500 million in total assets under management or more than $20 million in gross revenue for its most recent accounting year on a combined or consolidated income statement; and

Does not distribute any debt or securities of the restricted fund to specified U.S. persons, passive NFFEs with one or more substantial U.S. owners, or nonparticipating FFIs.

Check box 25b or 25c, whichever applies.

I further certify that with respect to all sales of debt or equity interests in the restricted fund with respect to which this form is furnished that are made after December 31, 2011, the entity identified in Part I:

b Has been bound by a distribution agreement that contained a general prohibition on the sale of debt or securities to U.S. entities and U.S. resident individuals and is currently bound by a distribution agreement that contains a prohibition of the sale of debt or securities to any specified U.S. person, passive NFFE with one or more substantial U.S. owners, or nonparticipating FFI.

c

Is currently bound by a distribution agreement that contains a prohibition on the sale of debt or securities to any specified U.S. person, passive NFFE with one or more substantial U.S. owners, or nonparticipating FFI and, for all sales made prior to the time that such a restriction was included in its distribution agreement, has reviewed all accounts related to such sales in accordance with the procedures identified in Regulations section 1.1471-4(c) applicable to preexisting accounts and has redeemed or retired any, or caused the restricted fund to transfer the securities to a distributor that is a participating FFI or reporting Model 1 FFI securities which were sold to specified U.S. persons, passive NFFEs with one or more substantial U.S. owners, or nonparticipating FFIs.

Form W-8BEN-E (Rev. 10-2021)

I certify that the entity identified in Part I:
I certify that the entity identified in Part I:

Form W-8BEN-E (Rev. 10-2021)

Page 5

Part XII

Nonreporting IGA FFI

 

26

I certify that the entity identified in Part I:

 

• Meets the requirements to be considered a nonreporting financial institution pursuant to an applicable IGA between the United States and

. The applicable IGA is a

Model 1 IGA or a

Model 2 IGA; and

is treated as a

 

under the provisions of the applicable IGA or Treasury regulations

(if applicable, see instructions);

 

 

 

• If you are a trustee documented trust or a sponsored entity, provide the name of the trustee or sponsor

 

.

The trustee is:

U.S.

Foreign

Part XIII Foreign Government, Government of a U.S. Possession, or Foreign Central Bank of Issue

27

I certify that the entity identified in Part I is the beneficial owner of the payment, and is not engaged in commercial financial activities of a type engaged in by an insurance company, custodial institution, or depository institution with respect to the payments, accounts, or obligations for which this form is submitted (except as permitted in Regulations section 1.1471-6(h)(2)).

Part XIV

International Organization

Check box 28a or 28b, whichever applies.

28a

I certify that the entity identified in Part I is an international organization described in section 7701(a)(18).

b

I certify that the entity identified in Part I:

Is comprised primarily of foreign governments;

Is recognized as an intergovernmental or supranational organization under a foreign law similar to the International Organizations Immunities Act or that has in effect a headquarters agreement with a foreign government;

The benefit of the entity’s income does not inure to any private person; and

Is the beneficial owner of the payment and is not engaged in commercial financial activities of a type engaged in by an insurance company, custodial institution, or depository institution with respect to the payments, accounts, or obligations for which this form is submitted (except as permitted in Regulations section 1.1471-6(h)(2)).

Part XV

Exempt Retirement Plans

Check box 29a, b, c, d, e, or f, whichever applies. 29a

Is established in a country with which the United States has an income tax treaty in force (see Part III if claiming treaty benefits);

Is operated principally to administer or provide pension or retirement benefits; and

Is entitled to treaty benefits on income that the fund derives from U.S. sources (or would be entitled to benefits if it derived any such income) as a resident of the other country which satisfies any applicable limitation on benefits requirement.

b

Is organized for the provision of retirement, disability, or death benefits (or any combination thereof) to beneficiaries that are former employees of one or more employers in consideration for services rendered;

No single beneficiary has a right to more than 5% of the FFI’s assets;

Is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the country in which the fund is established or operated; and

(i)Is generally exempt from tax on investment income under the laws of the country in which it is established or operates due to its status as a retirement or pension plan;

(ii)Receives at least 50% of its total contributions from sponsoring employers (disregarding transfers of assets from other plans described in this part, retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, other retirement funds described in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A));

(iii)Either does not permit or penalizes distributions or withdrawals made before the occurrence of specified events related to retirement, disability, or death (except rollover distributions to accounts described in Regulations section 1.1471-5(b)(2)(i)(A) (referring to retirement and pension accounts), to retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, or to other retirement funds described in this part or in an applicable Model 1 or Model 2 IGA); or

(iv)Limits contributions by employees to the fund by reference to earned income of the employee or may not exceed $50,000 annually.

c

I certify that the entity identified in Part I:

Is organized for the provision of retirement, disability, or death benefits (or any combination thereof) to beneficiaries that are former employees of one or more employers in consideration for services rendered;

Has fewer than 50 participants;

Is sponsored by one or more employers each of which is not an investment entity or passive NFFE;

Employee and employer contributions to the fund (disregarding transfers of assets from other plans described in this part, retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A)) are limited by reference to earned income and compensation of the employee, respectively;

Participants that are not residents of the country in which the fund is established or operated are not entitled to more than 20% of the fund’s assets; and

Is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the country in which the fund is established or operates.

Form W-8BEN-E (Rev. 10-2021)

Form W-8BEN-E (Rev. 10-2021)

Page 6

Part XV

Exempt Retirement Plans (continued)

 

d

I certify that the entity identified in Part I is formed pursuant to a pension plan that would meet the requirements of section 401(a), other

than the requirement that the plan be funded by a trust created or organized in the United States.

e

I certify that the entity identified in Part I is established exclusively to earn income for the benefit of one or more retirement funds

 

described in this part or in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A) (referring to

 

retirement and pension accounts), or retirement and pension accounts described in an applicable Model 1 or Model 2 IGA.

f

I certify that the entity identified in Part I:

• Is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S. possession (each as defined in Regulations section 1.1471-6) or an exempt beneficial owner described in an applicable Model 1 or Model 2 IGA to provide retirement, disability, or death benefits to beneficiaries or participants that are current or former employees of the sponsor (or persons designated by such employees); or

• Is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S. possession (each as defined in Regulations section 1.1471-6) or an exempt beneficial owner described in an applicable Model 1 or Model 2 IGA to provide retirement, disability, or death benefits to beneficiaries or participants that are not current or former employees of such sponsor, but are in consideration of personal services performed for the sponsor.

Part XVI

Entity Wholly Owned by Exempt Beneficial Owners

30

I certify that the entity identified in Part I:

Is an FFI solely because it is an investment entity;

Each direct holder of an equity interest in the investment entity is an exempt beneficial owner described in Regulations section 1.1471-6 or in an applicable Model 1 or Model 2 IGA;

Each direct holder of a debt interest in the investment entity is either a depository institution (with respect to a loan made to such entity) or an exempt beneficial owner described in Regulations section 1.1471-6 or an applicable Model 1 or Model 2 IGA.

Has provided an owner reporting statement that contains the name, address, TIN (if any), chapter 4 status, and a description of the type of documentation provided to the withholding agent for every person that owns a debt interest constituting a financial account or direct equity interest in the entity; and

Has provided documentation establishing that every owner of the entity is an entity described in Regulations section 1.1471-6(b), (c), (d), (e),

(f)and/or (g) without regard to whether such owners are beneficial owners.

Part XVII

Territory Financial Institution

31

I certify that the entity identified in Part I is a financial institution (other than an investment entity) that is incorporated or organized under the laws of a possession of the United States.

Part XVIII

Excepted Nonfinancial Group Entity

32

I certify that the entity identified in Part I:

Is a holding company, treasury center, or captive finance company and substantially all of the entity’s activities are functions described in Regulations section 1.1471-5(e)(5)(i)(C) through (E);

Is a member of a nonfinancial group described in Regulations section 1.1471-5(e)(5)(i)(B);

Is not a depository or custodial institution (other than for members of the entity’s expanded affiliated group); and

Does not function (or hold itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or any investment vehicle with an investment strategy to acquire or fund companies and then hold interests in those companies as capital assets for investment purposes.

Part XIX

Excepted Nonfinancial Start-Up Company

33

I certify that the entity identified in Part I:

Was formed on (or, in the case of a new line of business, the date of board resolution approving the new line of business) (date must be less than 24 months prior to date of payment);

Is not yet operating a business and has no prior operating history or is investing capital in assets with the intent to operate a new line of business other than that of a financial institution or passive NFFE;

Is investing capital into assets with the intent to operate a business other than that of a financial institution; and

Does not function (or hold itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or any investment vehicle whose purpose is to acquire or fund companies and then hold interests in those companies as capital assets for investment purposes.

Part XX Excepted Nonfinancial Entity in Liquidation or Bankruptcy

34

I certify that the entity identified in Part I:

 

 

 

• Filed a plan of liquidation, filed a plan of reorganization, or filed for bankruptcy on

 

;

• During the past 5 years has not been engaged in business as a financial institution or acted as a passive NFFE;

• Is either liquidating or emerging from a reorganization or bankruptcy with the intent to continue or recommence operations as a nonfinancial entity; and

• Has, or will provide, documentary evidence such as a bankruptcy filing or other public documentation that supports its claim if it remains in bankruptcy or liquidation for more than 3 years.

Form W-8BEN-E (Rev. 10-2021)

I further certify that the entity identified in Part I has provided the name, address, and TIN of each substantial U.S. owner (or, if applicable, controlling U.S. person) of the NFFE in Part XXIX.
Form W-8BEN-E (Rev. 10-2021)
I further certify that the entity identified in Part I has no substantial U.S. owners (or, if applicable, no controlling U.S. persons); or

Form W-8BEN-E (Rev. 10-2021)

Page 7

Part XXI

 

501(c) Organization

35

I certify that the entity identified in Part I is a 501(c) organization that:

• Has been issued a determination letter from the IRS that is currently in effect concluding that the payee is a section 501(c) organization that is

dated

 

; or

Has provided a copy of an opinion from U.S. counsel certifying that the payee is a section 501(c) organization (without regard to whether the payee is a foreign private foundation).

Part XXII

Nonprofit Organization

36

I certify that the entity identified in Part I is a nonprofit organization that meets the following requirements.

The entity is established and maintained in its country of residence exclusively for religious, charitable, scientific, artistic, cultural or educational purposes;

The entity is exempt from income tax in its country of residence;

The entity has no shareholders or members who have a proprietary or beneficial interest in its income or assets;

Neither the applicable laws of the entity’s country of residence nor the entity’s formation documents permit any income or assets of the entity to be distributed to, or applied for the benefit of, a private person or noncharitable entity other than pursuant to the conduct of the entity’s charitable activities or as payment of reasonable compensation for services rendered or payment representing the fair market value of property which the entity has purchased; and

The applicable laws of the entity’s country of residence or the entity’s formation documents require that, upon the entity’s liquidation or dissolution, all of its assets be distributed to an entity that is a foreign government, an integral part of a foreign government, a controlled entity of a foreign government, or another organization that is described in this part or escheats to the government of the entity’s country of residence or any political subdivision thereof.

Part XXIII Publicly Traded NFFE or NFFE Affiliate of a Publicly Traded Corporation

Check box 37a or 37b, whichever applies.

37a

I certify that:

The entity identified in Part I is a foreign corporation that is not a financial institution; and

The stock of such corporation is regularly traded on one or more established securities markets, including (name one securities exchange upon which the stock is regularly traded).

b I certify that:

The entity identified in Part I is a foreign corporation that is not a financial institution;

The entity identified in Part I is a member of the same expanded affiliated group as an entity the stock of which is regularly traded on an established securities market;

• The name of the entity, the stock of which is regularly traded on an established securities market, is

 

; and

• The name of the securities market on which the stock is regularly traded is

 

 

.

 

 

 

 

 

Part XXIV

Excepted Territory NFFE

 

 

 

38 I certify that:

The entity identified in Part I is an entity that is organized in a possession of the United States;

The entity identified in Part I:

(i)Does not accept deposits in the ordinary course of a banking or similar business;

(ii)Does not hold, as a substantial portion of its business, financial assets for the account of others; or

(iii)Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to a financial account; and

All of the owners of the entity identified in Part I are bona fide residents of the possession in which the NFFE is organized or incorporated.

Part XXV Active NFFE

39 I certify that:

The entity identified in Part I is a foreign entity that is not a financial institution;

Less than 50% of such entity’s gross income for the preceding calendar year is passive income; and

Less than 50% of the assets held by such entity are assets that produce or are held for the production of passive income (calculated as a weighted average of the percentage of passive assets measured quarterly) (see instructions for the definition of passive income).

Part XXVI Passive NFFE

40a

I certify that the entity identified in Part I is a foreign entity that is not a financial institution (other than an investment entity organized in a possession of the United States) and is not certifying its status as a publicly traded NFFE (or affiliate), excepted territory NFFE, active NFFE, direct reporting NFFE, or sponsored direct reporting NFFE.

Check box 40b or 40c, whichever applies. b

c

Form W-8BEN-E (Rev. 10-2021)

Page 8

Part XXVII

Excepted Inter-Affiliate FFI

 

41

I certify that the entity identified in Part I:

 

Is a member of an expanded affiliated group;

Does not maintain financial accounts (other than accounts maintained for members of its expanded affiliated group);

Does not make withholdable payments to any person other than to members of its expanded affiliated group;

Does not hold an account (other than depository accounts in the country in which the entity is operating to pay for expenses) with or receive payments from any withholding agent other than a member of its expanded affiliated group; and

Has not agreed to report under Regulations section 1.1471-4(d)(2)(ii)(C) or otherwise act as an agent for chapter 4 purposes on behalf of any financial institution, including a member of its expanded affiliated group.

Part XXVIII Sponsored Direct Reporting NFFE (see instructions for when this is permitted)

42Name of sponsoring entity:

43 I certify that the entity identified in Part I is a direct reporting NFFE that is sponsored by the entity identified on line 42.

Part XXIX Substantial U.S. Owners of Passive NFFE

As required by Part XXVI, provide the name, address, and TIN of each substantial U.S. owner of the NFFE. Please see the instructions for a definition of substantial U.S. owner. If providing the form to an FFI treated as a reporting Model 1 FFI or reporting Model 2 FFI, an NFFE may also use this part for reporting its controlling U.S. persons under an applicable IGA.

Name

Address

TIN

Part XXX Certification

Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete. I further certify under penalties of perjury that:

The entity identified on line 1 of this form is the beneficial owner of all the income or proceeds to which this form relates, is using this form to certify its status for chapter 4 purposes, or is submitting this form for purposes of section 6050W or 6050Y;

The entity identified on line 1 of this form is not a U.S. person;

This form relates to: (a) income not effectively connected with the conduct of a trade or business in the United States, (b) income effectively connected with the conduct of a trade or business in the United States but is not subject to tax under an income tax treaty, (c) the partner’s share of a partnership’s effectively connected taxable income, or (d) the partner’s amount realized from the transfer of a partnership interest subject to withholding under section 1446(f); and

For broker transactions or barter exchanges, the beneficial owner is an exempt foreign person as defined in the instructions.

Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the income of which the entity on line 1 is the beneficial owner or any withholding agent that can disburse or make payments of the income of which the entity on line 1 is the beneficial owner.

I agree that I will submit a new form within 30 days if any certification on this form becomes incorrect.

I certify that I have the capacity to sign for the entity identified on line 1 of this form.

Sign Here

Signature of individual authorized to sign for beneficial owner

Print Name

Date (MM-DD-YYYY)

Form W-8BEN-E (Rev. 10-2021)

Document Specs

Fact Name Description
Purpose of the Form The IRS W-8BEN-E form is primarily used by foreign entities to certify their status for purposes of withholding on income. This form serves to assert that they are not U.S. persons and to claim any benefits under the tax treaty between their country and the U.S., if applicable.
Required by It is required by the Internal Revenue Service (IRS) from entities that are beneficial owners of a certain income from U.S. sources that are subject to withholding. This includes interest, dividends, rents, royalties, premiums, annuities, compensation for, or in expectation of, services performed.
Users of the Form Foreign entities use this form. These can include corporations, partnerships, trusts, and estates that are not U.S. persons. It is not intended for use by individuals; individuals must use the W-8BEN version of the form instead.
Tax Treaty Benefits This form allows the entity to claim reduced rates of withholding tax or exemption based on tax treaties between their country of residence and the United States. The exact benefits depend on the treaty itself and the type of income.
Governing Laws The form is governed by U.S. Federal Tax Law, specifically the regulations and requirements set forth by the IRS. Additionally, the applicability of tax treaty benefits is determined based on bilateral tax treaties between the United States and foreign countries.

Instructions on Writing IRS W-8BEN-E

Filling out the IRS W-8BEN-E form is crucial for entities that are operating from outside the United States, but engage in trade or business within the U.S. This form is instrumental in certifying an entity's status for tax withholding purposes on income associated with U.S. sources. It's important to complete this form meticulously to ensure compliance with the IRS, and to possibly benefit from tax treaties between the U.S. and the entity’s country of origin. Following a step-by-step approach can simplify the process.

  1. Start by downloading the latest version of the IRS W-8BEN-E form from the official IRS website to ensure you have the most current information and instructions.
  2. In the first section of the form, provide the name of the entity that is the beneficial owner of the income. Make sure the name matches the name in tax records.
  3. Select the country of incorporation or organization of the entity in question to establish its tax residency.
  4. Identify the type of entity, such as a corporation, partnership, trust, or foundation, by checking the appropriate box in the form.
  5. Determine if the entity is actively engaged in business outside the U.S. and if its income is connected with U.S. business activities. This will affect how the entity is taxed.
  6. Fill in the Permanent Residence Address and Mailing Address of the entity. It’s vital that this information is accurate to avoid processing delays.
  7. Fill out the chapter 3 status, which refers to the entity's tax classification. This section may require consultation with a tax professional to ensure the correct classification is selected.
  8. If applicable, claim tax treaty benefits by providing the country of residence that has a tax treaty with the U.S. and citing the relevant articles and paragraphs from the treaty.
  9. Provide the entity's TIN (Tax Identification Number). If the entity is claiming benefits under an income tax treaty, a TIN is usually required.
  10. Under the "Certification" section at the end of the form, the form should be signed and dated by an authorized representative of the entity. This certifies that the information provided is accurate.
  11. Review the form thoroughly before submission to ensure all information is correct and complete. Incomplete or incorrect forms may lead to processing delays or denial of benefits.

Once the form is fully completed and reviewed, it should be submitted to the withholding agent or payer, not to the IRS directly. The withholding agent or payer is responsible for applying the appropriate withholding tax rates based on the information provided on the W-8BEN-E form. It is advisable to keep a copy of the completed form for records and future reference. Entities may need to resubmit the form every three years or if any information changes. Diligence in the completion and submission of this form can help ensure smooth financial operations and compliance with U.S. tax regulations.

Understanding IRS W-8BEN-E

What is the purpose of the IRS W-8BEN-E form?

The IRS W-8BEN-E form is primarily designed for entities, such as corporations or partnerships, not individuals, to certify their status as non-US entities. This certification is crucial for entities engaging in financial transactions with a US counterpart, as it affects the tax withholding on payments received from US sources. Specifically, the form aims to establish whether the entity is entitled to a reduced rate of, or exemption from, withholding tax under the provisions of a tax treaty between the United States and the entity’s country of residence.

Who is required to fill out the W-8BEN-E form?

The W-8BEN-E form must be completed by foreign entities receiving certain types of income from US sources. This includes but is not limited to interest, dividends, rents, royalties, and compensation for services. An entity should fill out this form if it's engaged in a trade or business in the United States and receives payments that are reportable on Form 1042-S, such as dividends from US corporations. The form should not be used by individuals; instead, individuals should use the W-8BEN form.

How does the W-8BEN-E form affect tax withholding rates?

The main impact of the W-8BEN-E form is on the withholding tax rate applied to payments made to foreign entities. Normally, the US tax system imposes a 30% tax rate on certain types of income paid to foreign persons. However, if the foreign entity properly completes and submits a W-8BEN-E form, it may qualify for a reduced rate of tax withholding or be exempt from withholding altogether, based on tax treaties between the United States and the entity's country of residence. The specific rate depends on the treaty provisions applicable to the type of income received.

Is there a deadline for submitting the W-8BEN-E form?

While there's no fixed deadline for submitting the W-8BEN-E form, it's important to submit it before or at the time of the first payment that would require withholding. Failure to provide a properly completed form may result in the payer applying the default 30% withholding tax rate or backup withholding to payments. Additionally, the form must be resubmitted every three years or if any of the information provided on the form changes, such as the entity’s address or tax identification number.

Common mistakes

Filling out the IRS W-8BEN-E form can be a tricky process, and many people often make mistakes that can lead to delays or issues with their tax status. One common mistake is not providing the correct legal name of the entity. It's crucial that the name on the form matches exactly with the name registered with the IRS. Differences, even minor, can create confusion and lead to unnecessary back-and-forth with the IRS.

Another pitfall is overlooking the need to complete the "Tax Identification Number" (TIN) section. Many foreign entities mistakenly believe this is not required if they don't have a U.S. TIN. However, if the entity has a foreign TIN, this information must be included on the form. This is a necessary step for claiming treaty benefits and ensuring proper tax withholding.

Incorrectly claiming treaty benefits is also a common error. Entities often mistakenly assume they automatically qualify for treaty benefits without thoroughly understanding the specific criteria outlined in the tax treaty between their country and the U.S. It's essential to review the treaty's provisions and ensure all criteria are met before claiming any benefits on the form.

Failing to select the proper entity classification under "Chapter 3 Status" is another frequent oversight. This section helps the IRS determine the correct tax withholding and reporting obligations. Selecting the wrong classification can result in incorrect tax withholding and potential penalties.

Some people also neglect to provide a complete address, including the country of residence. This can result in the form being considered incomplete, as the IRS requires full foreign address information to process the form correctly.

Omitting the date of birth for individuals acting on behalf of the entity is a misstep. The IRS requires this information under certain circumstances to verify the identity of individuals who have the authority to sign the form. Without this, the form could be considered invalid.

Another error is failing to sign and date the form. An unsigned or undated W-8BEN-E form is not valid. The signature and date confirm the accuracy of the information provided and agree to the form's declarations.

An additional common mistake is not renewing the form when necessary. The W-8BEN-E form is generally valid for three years. Entities often forget to renew their form, leading to outdated information and potential withholding issues.

Last, but certainly not least, is the mistake of not consulting with a tax professional familiar with international tax law. The complexities of the W-8BEN-E form can be daunting, and professional guidance can help avoid these common errors, ensuring accurate completion and submission.

Documents used along the form

When foreign entities engage in financial activities within the United States, the IRS W-8BEN-E form plays a crucial role in ensuring compliance with U.S. tax laws, specifically for entities looking to claim tax treaty benefits or to prove their foreign status. However, this form is often just a piece of the puzzle. Various other documents and forms are typically required to provide a comprehensive view of the entity's tax position and obligations. Understanding these additional documents can help entities navigate the complexities of U.S. tax regulations more effectively.

  • IRS Form SS-4: Entities use this form to apply for an Employer Identification Number (EIN), which is essential for tax administration purposes. The EIN is required for an entity to be identified by the IRS.
  • IRS Form 1042: This form is used to report income paid to foreign entities that are subject to withholding under the IRS tax code. It encompasses various types of income, including interest, dividends, rents, and royalties.
  • IRS Form 1042-S: Related to Form 1042, this document reports amounts paid to foreign persons, including individuals, corporations, partnerships, or estates, that are subject to income tax withholding. It provides detailed information about the income type and the amount of tax withheld.
  • IRS Form 8233: Individuals and entities use this form to claim exemptions from withholding on compensation for personal services based on a tax treaty. This form is particularly relevant for foreign individuals working in the U.S. who can derive tax treaty benefits.
  • IRS Form W-9: While primarily for U.S. persons (including U.S. entities), this form is essential in the documentation process as it is used to request the taxpayer identification number (TIN) of a U.S. person. It serves to certify the payee’s TIN and to claim exemption from backup withholding, if applicable.
  • IRS Form 8805: This form accompanies Form 1042-S for foreign partners of U.S. partnerships to report income effectively connected with a U.S. trade or business. It details the amount of income and tax withheld at the partnership level.

Together with the IRS W-8BEN-E form, these documents form a network of reporting requirements for foreign entities in the U.S. Navigating these requirements necessitates a thorough understanding of each form’s purpose and the specific situations they address. For entities attempting to comply with U.S. tax laws, these forms are essential tools in outlining their tax responsibilities and benefits. Proper completion and submission of these forms ensure compliance with the U.S. tax code, avoiding potential penalties and fostering smooth international operations.

Similar forms

The IRS W-8BEN-E form is designed for entities to certify their status under U.S. tax law, particularly for foreign entities receiving income from U.S. sources. A similar document is the IRS W-8BEN form, which serves an analogous purpose but is intended for use by individuals rather than entities. This distinction allows the IRS to properly assess and apply the correct withholding tax rates and provisions according to the individual's or entity's status.

Another document resembling the W-8BEN-E is the IRS W-9 form, used primarily by U.S. persons (either citizens or resident aliens) to provide their Taxpayer Identification Number (TIN) to entities that pay them income. While the W-9 is for U.S. persons, the W-8BEN-E is for foreign entities, both facilitating accurate tax withholding to avoid under or overpaying taxes.

The IRS Form 1042-S is connected to the W-8BEN-E in its role in reporting income paid to foreign persons, including dividends, interest, and royalties. Entities complete Form 1042-S based on the information provided in W-8BEN-E to report the income paid and any tax withheld. This ensures compliance with U.S. tax regulations and proper reporting of payments to foreign entities.

Similarly, the IRS Form 8233 is related to the W-8BEN-E as it is used by nonresident aliens to claim a tax treaty benefit that reduces or exempts them from U.S. withholding tax on compensation for personal services. Where the W-8BEN-E is for entities claiming their status, Form 8233 is for individuals specifying their claims under tax treaties.

The IRS Form W-8ECI is another related document, used by foreign persons or entities to certify that income is effectively connected with the conduct of a trade or business within the U.S. This form differs from the W-8BEN-E as it relates specifically to income linked to U.S. operations, affecting how the income is taxed.

Form W-8EXP is tailored for foreign governments, international organizations, foreign central banks of issue, foreign tax-exempt organizations, foreign private foundations, or governments of U.S. possessions certifying their status for exemption from tax withholding. Like the W-8BEN-E, it is used by entities but focuses on entities that are exempt from tax on specific types of income.

Another related document is the IRS Form 8805, Foreign Partner's Information Statement of Section 1446 Withholding Tax. This form is used to report the amount of taxable income and federal tax withheld for foreign partners' shares of income from a U.S. partnership. It complements the W-8BEN-E in providing a detailed breakdown of income and withholdings for foreign entities in partnerships.

The IRS Form 8966, the FATCA Report (Foreign Account Tax Compliance Act), is another related document, albeit indirectly. It is used by foreign financial institutions and other foreign entities to report the financial accounts held by U.S. taxpayers or foreign entities with substantial U.S. owners. The W-8BEN-E is often collected by financial institutions to document the FATCA status of their account holders, playing a vital role in the reporting process under FATCA.

Form 1042, the Annual Withholding Tax Return for U.S. Source Income of Foreign Persons, also bears a connection to the W-8BEN-E. It is used by withholding agents to report tax withheld on income paid to foreign entities, with the information provided on W-8BEN-E forms guiding the withholding tax rates and exemptions applied.

Lastly, the IRS Form SS-4, Application for Employer Identification Number (EIN), is somewhat similar to the W-8BEN-E in the administrative landscape of tax documentation. Although the SS-4 is a form through which U.S. and foreign entities obtain an Employer Identification Number, it often intersects with entities that also need to complete a W-8BEN-E for their U.S. source income and tax reporting obligations.

Dos and Don'ts

Filling out the IRS W-8BEN-E form is an important process for entities not based in the United States, ensuring they comply with U.S. tax laws while potentially benefiting from reduced withholding tax rates under income tax treaties. Here are some essential dos and don'ts to guide you through the process:

  • Do ensure that the form is current. Tax forms are updated regularly, and using the latest version is crucial.
  • Do read the instructions carefully before filling out the form. Understanding each section fully can help avoid common mistakes that may lead to unnecessary delays or complications.
  • Do provide accurate information about the entity. This includes the entity's name, country of incorporation, and any other required identifying information.
  • Do determine the entity's classification for U.S. tax purposes correctly. Misclassification can lead to incorrect withholding and reporting.
  • Do obtain a U.S. Taxpayer Identification Number (TIN) if eligible and required. If the entity claims tax treaty benefits, a TIN is typically necessary.
  • Do indicate the correct chapter 3 and chapter 4 statuses. This information is vital for proper tax withholding and reporting under the Foreign Account Tax Compliance Act (FATCA).
  • Do sign and date the form. An unsigned form is not valid.
  • Don't leave any mandatory fields blank. Incomplete forms can be rejected or returned, causing delays.
  • Don't guess if unsure about how to complete a section. Seek advice from a tax professional to ensure the form is filled out correctly.
  • Don't use the form to claim personal tax treaty benefits. The W-8BEN-E is specifically for entities; individuals must use the W-8BEN form.

Misconceptions

The IRS W-8BEN-E form is a crucial document for foreign entities doing business in the United States, but there are several misconceptions about it. Let's clarify some common misunderstandings:

  • Only applicable to corporations: A common misconception is that the W-8BEN-E form is only for corporations. In fact, this form is for all foreign entities, including partnerships, corporations, and certain individuals acting in a business capacity.

  • It's the same as the W-8BEN form: People often confuse the W-8BEN-E form with the W-8BEN form. The W-8BEN is for individuals, whereas the W-8BEN-E is designed for entities.

  • Once filed, always valid: Another misunderstanding is that once you file a W-8BEN-E form, it is valid indefinitely. The truth is, the form is only valid for three years from the date of signing, or until a change in circumstances makes any information on the form incorrect.

  • It's only for tax purposes: While the primary purpose of the W-8BEN-E form is to establish foreign status for tax withholding purposes, it also serves other purposes. It can be required for various forms of financial accounts and transactions in the U.S. to prove the entity's foreign status.

  • Withholding taxes are always reduced to 0%: Some people think that by submitting a W-8BEN-E, withholding taxes are automatically reduced to 0%. However, the rate of withholding depends on the tax treaty between the United States and the entity's country of residence, which may not always be 0%.

  • Only needed for income generated in the U.S.: It’s often believed that the W-8BEN-E is only necessary for entities generating income directly from U.S. sources. However, it may also be required for entities receiving income indirectly through intermediaries, like payment processors, depending on the circumstances.

  • U.S. Tax Identification Number (TIN) is always required: Many think a U.S. TIN is required to complete the W-8BEN-E. While it's beneficial for claiming treaty benefits, in many cases, a foreign TIN may suffice, depending on the entity's country of residence and its tax treaty with the U.S.

  • No need to update for minor changes: Some entities believe minor changes in their information don't require submitting a new W-8BEN-E form. However, any change that affects the entity's tax status or changes any information on the form requires an updated submission.

  • Submission is only to the IRS: Finally, there's a misconception that the W-8BEN-E form should be submitted directly to the IRS. In reality, the form should be given to the withholding agent or financial institution that requests it, not sent to the IRS.

Key takeaways

The IRS W-8BEN-E form is essential for foreign entities receiving income from the United States, aiming to navigate the complexities of tax withholdings and declarations. Understanding how to properly complete and utilize this form is pivotal. Here are five key takeaways to guide you through the process:

  • Identifying the beneficial owner: The form is used to certify the identity of the beneficial owner of the income and that they are not a U.S. person. This distinction is crucial for determining tax obligations.
  • Claiming tax treaty benefits: Entities from countries with a tax treaty with the U.S. can use the W-8BEN-E form to claim reduced rates or exemption from withholding tax. It is imperative to understand the specific treaties applicable to avoid overpayment of taxes.
  • Accurate and complete information: Filling out the form requires accurate and complete information about the entity's classification under U.S. tax law. Inaccuracies can lead to penalties or incorrect withholding rates.
  • Updating the form: The W-8BEN-E form is valid for the year in which it is signed and an additional three calendar years. Entities must submit a new form if there are changes to their circumstances or if the form expires to ensure compliance and correct withholding.
  • Understanding FATCA reporting: The W-8BEN-E form also plays a role in compliance with the Foreign Account Tax Compliance Act (FATCA), requiring foreign financial institutions to report information about financial accounts held by U.S. taxpayers. Navigating the complexities of FATCA reporting is vital for foreign entities engaging in financial activities with the U.S.
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