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Imagine a world where international financial transactions move smoothly between borders, with clear communication and understanding between the entities involved. Central to this scenario is the IRS W-8BEN-E form, a crucial document for foreign entities engaging in United States financial activities. This form is designed to establish the status of a foreign entity in terms of United States tax withholding and reporting requirements. It plays a pivotal role in ensuring that the right amount of taxes is withheld from payments made to these entities, preventing the taxing nightmare of double taxation and facilitating a smoother flow of international business. Beyond its role in tax withholding, the W-8BEN-E form also serves as a declaration of a foreign entity's exemption from certain types of U.S. information return reporting, under the complex blanket of U.S. tax law. Understanding and accurately completing this form is not just a matter of tax compliance; it's a critical step for foreign entities in protecting their financial interests while operating within the United States. This form is more than just paperwork; it's a key that unlocks the door to international financial operations by providing a clear framework for tax responsibilities when dealing with the U.S. financial system.

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)

Form Data

Fact Number Description
1 The IRS W-8BEN-E form is used by foreign entities to certify their status for purposes of withholding on income and to claim any applicable treaty benefits.
2 This form specifically pertains to entities, not individuals; individual foreign persons must instead use the IRS W-8BEN form.
3 By submitting a completed W-8BEN-E form, foreign entities can potentially reduce the tax withholding rate from U.S. income as specified by tax treaties between the U.S. and the entity's country of residence.
4 There are a total of 30 parts on the W-8BEN-E form, but an entity only needs to complete the sections that specifically apply to their business or tax status.
5 The form is critical for entities engaging in trade or business in the United States, particularly when receiving income that is subject to withholding.
6 A correctly completed W-8BEN-E form is valid for the year in which it is signed and the following three calendar years, unless a change in circumstances makes any information on the form incorrect.
7 The responsibility to collect, verify, and retain the form lies with the U.S. withholding agent, typically the entity that pays the foreign entity.
8 Failure to provide a W-8BEN-E form when required may result in a 30% withholding on payments to the foreign entity from U.S. sources.

Instructions on Utilizing IRS W-8BEN-E

Filling out the IRS W-8BEN-E form is an essential process for foreign entities looking to clarify their U.S. tax status, especially regarding payments received from U.S. sources. This form serves as a declaration of the entity's status under U.S. tax law and helps in preventing unnecessary withholding. It's crucial to complete this form accurately to ensure compliance with IRS regulations and to potentially qualify for reduced rates or exemptions from withholding under tax treaties. The process involves providing detailed information about your entity, so it's important to have all relevant documents and information at hand before you begin.

  1. Identify Your Entity Type: Determine the specific type of entity you represent, as this will guide which sections of the form you must complete. The form caters to a wide range of entities, from corporations to trusts, so it’s vital to accurately identify your entity's classification.
  2. Provide Your Organization's Legal Name: Enter the full legal name of your entity as recognized in your country of formation, operation, or incorporation.
  3. Country of Citizenship or Residence for Tax Purposes: Specify the country where your entity is considered a resident for tax purposes. This information is crucial for determining tax treaty eligibility.
  4. Identify the Type of Beneficial Owner: Indicate the specific type of beneficial owner your entity is, according to the categories provided on the form. This ensures that your entity is evaluated under the correct terms for tax withholding.
  5. Provide Tax Identification Number(s): Enter your entity’s tax identification number (TIN), which may include a U.S. TIN (if applicable), and the foreign tax identifying number (FTIN) issued by your country of residence.
  6. Claim of Tax Treaty Benefits (if applicable): If your entity is claiming tax treaty benefits, you must identify the treaty country and cite the applicable article and paragraph in the tax treaty that supports the claim for reduced withholding or exemption.
  7. Complete Required Certifications: The form contains several certifications pertaining to your entity's eligibility for the status claimed. Read these carefully and ensure that an authorized representative of your entity signs and dates the form, attesting to the accuracy of the information provided.

After you have filled out the IRS W-8BEN-E form, it’s important to review all the information for accuracy and completeness. Any errors or omissions can lead to unnecessary withholding or complications with the IRS. Once satisfied with the form's accuracy, submit it to the requesting party, not to the IRS directly. This form will be retained by the party that requested it and may be provided to the IRS upon request. Always keep a copy for your records and be prepared to update and resubmit the form as necessary, especially if any of the information provided changes or becomes outdated.

Obtain Answers on IRS W-8BEN-E

  1. What is the IRS W-8BEN-E form used for?

    The IRS W-8BEN-E form is designed for use by entities that are not U.S. persons. It's used to certify the entity's status for purposes of withholding on income related to U.S. sources. Essentially, it helps entities claim tax treaty benefits or assert that they are exempt from certain U.S. tax withholding requirements. This form is one way to communicate with businesses and financial institutions in the U.S. that you are not a U.S. person and have a different tax treatment.

  2. Who needs to fill out the IRS W-8BEN-E form?

    Any foreign entity receiving income from U.S. sources where tax withholding might occur needs to fill out the IRS W-8BEN-E form. This includes foreign corporations, partnerships, trusts, and estates. It does not apply to individuals; individuals would use the W-8BEN form. Entities should use this form to clarify their status to avoid unnecessary withholding.

  3. What information is required on the W-8BEN-E form?

    • Entity's name and country of incorporation or residence.
    • Entity type according to U.S. tax classification.
    • IRS Chapter 3 Status.
    • Claim of tax treaty benefits (if applicable).
    • FATCA classification.
    • Entity's address and TIN (Taxpayer Identification Number), if they have one.

    This information helps the IRS and the withholding agent understand the entity's tax status and apply the correct tax withholding rate.

  4. How often does the W-8BEN-E need to be updated or renewed?

    The W-8BEN-E form generally remains valid for three years from the date of signing. However, it must be updated sooner if any of the information provided on the form changes or becomes outdated, such as the entity’s address or tax identification number. It’s important for entities to keep this form current to ensure correct withholding rates are applied.

  5. Where do I send the completed W-8BEN-E form?

    Do not send the completed W-8BEN-E form to the IRS. Instead, it should be given to the withholding agent or financial institution that requested it. They are responsible for retaining the form and using the information provided to determine the appropriate amount of tax to withhold from payments.

  6. Is there a penalty for not completing the W-8BEN-E form?

    If an entity fails to provide a completed W-8BEN-E form when receiving income from U.S. sources, the withholding agent may apply the standard withholding tax rate of 30% or the backup withholding rate. This rate might be higher than the rate that could apply under a tax treaty or other exemption. Therefore, it's important to complete and provide the form to ensure the correct withholding rate is applied so as not to overpay on taxes.

Common mistakes

Filling out the IRS W-8BEN-E form, a crucial document for foreign entities to claim beneficial owner status and tax treaty benefits, often includes mistakes that can lead to delays or incorrect withholding tax treatment. Here are eight common errors:

  1. Not determining the correct entity type: Choosing the wrong classification for your entity can affect the tax benefits you're eligible for. Each category has specific criteria, and misclassification can lead to incorrect withholding rates or denial of benefits under tax treaties.

  2. Leaving fields blank: Every relevant field must be completed. Omissions, particularly in sections that pertain to taxpayer identification and country of incorporation, can render the form invalid or incomplete in the eyes of the IRS.

  3. Inaccurate taxpayer identification number (TIN): Foreign entities must ensure they enter their TIN correctly. A TIN could be an EIN, ITIN, or a foreign TIN, depending on the entity's circumstances. Incorrect or missing TINs lead to processing delays and potential withholding tax issues.

  4. Failing to declare a limitation on benefits (LOB) clause: Not specifying how the entity qualifies under a treaty's LOB article is a common oversight. This mistake can prevent entities from receiving treaty-based withholding tax rates.

  5. Overlooking the need to renew the form: The W-8BEN-E form is not indefinite; it needs renewal every three years. Entities often forget this requirement, leading to outdated information and potential non-compliance with U.S. tax obligations.

  6. Misunderstanding the definition of beneficial owner: Incorrectly identifying the beneficial owner can impact the entity's tax liability. The beneficial owner is the person or entity that is entitled to the benefits of the income, according to U.S. tax regulations.

  7. Signing in the wrong place or not at all: An unauthorized signature or a missing signature invalidates the form. Ensure that the individual signing the form is authorized to act on behalf of the entity.

  8. Failure to consult with a tax professional: Lastly, entities often underestimate the complexity of tax treaties and U.S. withholding tax requirements. Consulting with a professional can help navigate these complexities and avoid costly mistakes.

To summarize, careful attention to detail is crucial when filling out the W-8BEN-E form. Avoiding these common pitfalls can help ensure compliance with U.S. tax law, secure the correct application of withholding taxes, and prevent unnecessary delays.

Documents used along the form

Engaging with the intricacies of U.S. tax law, especially for entities operating both inside and outside of the United States, necessitates a thorough understanding of the documentation required by the Internal Revenue Service (IRS). Among these documents, the IRS W-8BEN-E form is pivotal for foreign entities as it serves to certify their status for the purpose of withholding taxes on income. This form is just one piece of a larger puzzle. To ensure compliance and optimize tax liability, several other forms and documents often accompany the IRS W-8BEN-E, each serving a unique but complementary purpose.

  • IRS Form 1042: This form serves as an annual withholding tax return for U.S. source income of foreign persons. It is utilized by the withholding agent to report the total amount withheld and deposited for the income paid to foreign entities, linking directly back to the information provided on the W-8BEN-E form.
  • IRS Form W-8EXP: Aimed specifically at foreign governments, international organizations, foreign tax-exempt organizations, and foreign private foundations, this form certifies the entity’s status for exemption from withholding on income. It’s crucial for entities that qualify for a different status than what is covered by the W-8BEN-E.
  • IRS Form 8233: This document is for individuals (not entities) who are claiming exemption from withholding on compensation for independent personal services (and some dependent personal services) due to a tax treaty. The relevance to the W-8BEN-E comes into play with individuals acting in a capacity that ties back to foreign entities.
  • IRS Form W-9: While primarily used by U.S. persons to provide their taxpayer identification number, it’s often required in conjunction with the W-8BEN-E to clarify the tax status of U.S. entities or citizens that are part owners or beneficiaries of the foreign entity completing the W-8BEN-E.

In the labyrinth of tax compliance and international business, each document holds a key to a different door. Understanding when and how to utilize these forms in conjunction with the IRS W-8BEN-E is essential for foreign entities striving to navigate the complexities of U.S. tax obligations effectively. This suite of forms and documents ensures that entities can certify their status accurately, claim benefits under tax treaties, and fulfill their withholding and reporting obligations, thereby fostering smooth international transactions and compliance with U.S. tax laws.

Similar forms

  • W-8BEN Form: Similar to the W-8BEN-E, the W-8BEN form is also used to certify foreign status and beneficial ownership but is tailored for individuals instead of entities. This similarity exists because both forms serve to establish the correct withholding tax rates under U.S. tax law and claim tax treaty benefits, ensuring the correct amount of tax is withheld on income earned in the U.S.

  • W-8ECI Form: The W-8ECI form, used by foreign persons to claim that income is effectively connected with the conduct of a trade or business within the U.S., shares a purpose with the W-8BEN-E in that both forms are part of the documentation required by the IRS to manage taxation of foreign entities and individuals. The W-8ECI specifically relates to income that is, or is expected to be, attributable to sources within the United States.

  • W-8EXP Form: This form is for foreign governments, international organizations, foreign central banks of issue, foreign tax-exempt organizations, foreign private foundations, and governments of U.S. possessions. Similar to the W-8BEN-E, the W-8EXP is designed for entities but focuses on those exempt from certain types of withholding due to their status. Both forms are crucial in identifying the entity's status for tax withholding purposes.

  • W-8IMY Form: The W-8IMY is filled out by entities acting as intermediaries for payments or by entities receiving income on behalf of others. Like the W-8BEN-E, it's an essential tool for the IRS to determine the correct withholding treatment of payments made to foreign entities. However, the W-8IMY specifically addresses those entities that are facilitating payments, not directly earning income.

  • W-9 Form: Although a form used primarily by U.S. persons (citizens and resident aliens) to provide their taxpayer identification number to entities who will pay them income, the W-9's role in ensuring the proper identification and reporting of taxpayers' information parallels the W-8BEN-E's goal to correctly identify and document foreign entities for tax purposes. The key difference remains in the W-9 targeting domestic entities and individuals.

  • 1042-S Form: This form reports income paid to foreign persons, including those covered by the W-8BEN-E, such as wages, corporate dividends, scholarship funds, and royalties. While not a form filled out by foreign entities themselves, the information required on the 1042-S mirrors data provided on the W-8BEN-E, since it relates to income subject to U.S. withholding tax applicable to foreign entities and must be reported annually.

Dos and Don'ts

Filling out the IRS W-8BEN-E form, which is essential for foreign entities receiving income from the U.S. sources, requires careful attention to detail and a clear understanding of the instructions. The form serves to certify the entity's status for purposes of withholding taxes and to claim potential benefits under tax treaties. To assist in this task, here are several do's and don'ts to keep in mind:

Do:
  • Read instructions carefully before filling out the form to ensure understanding of each part's requirements and how they apply to your entity.
  • Gather all necessary information including the entity's tax identification number (TIN), country of incorporation, and the nature of the income before starting the form.
  • Use the correct form version. Always download the latest version of the W-8BEN-E form from the IRS website to ensure compliance with the current tax laws.
  • Provide accurate information about the beneficial owner's status, including the entity type and country of tax residency, to properly assert tax treaty benefits, if applicable.
  • Consult with a tax professional if you are unsure about how to complete any part of the form. Professional advice can help avoid costly mistakes.
  • Sign and date the form. An unsigned form is considered invalid and can lead to the withholding agent applying the highest withholding tax rates.
  • Keep a copy of the completed form for your records. It’s important to have a record of what was submitted, in case there are any questions or issues in the future.
  • Review the form for errors before submission. Even minor mistakes can cause delays or incorrect withholding.
  • Know the expiration date of the W-8BEN-E form. The form is typically valid for the year in which it is signed and the three full calendar years that follow unless a change in circumstances makes any information on the form incorrect.
  • Submit the form to the withholding agent, not the IRS. The entity that pays you is responsible for collecting and maintaining the form.
Don't:
  • Leave fields blank unless instructed. If a particular field does not apply, enter "N/A" (not applicable) or "None," as appropriate, to indicate the question was not overlooked.
  • Use the form to declare income that is not effectively connected with a U.S. trade or business. Other forms, such as the W-8BEN or W-9, may be more appropriate for those situations.
  • Ignore the form’s specific instructions for your entity type. The form includes differentiated instructions for various entity types; ensuring the correct parts are completed is essential.
  • Forget to update the form if there are changes in circumstances that affect the validity of the certification, such as a change in tax residence or entity classification.
  • Assume the rules have not changed since last completing the form. Tax regulations can change, so it's crucial to review the current instructions and regulations each time.
  • Misrepresent the entity’s FATCA status. Incorrectly reporting your status under the Foreign Account Tax Compliance Act can lead to compliance issues and penalties.
  • Manually alter the form, such as by adding or removing fields. If additional information is necessary, attach a separate statement as directed by the instructions.
  • Use correction fluid or heavily cross out mistakes. Instead, if you make an error, it's best to start over on a fresh form to ensure clarity and legibility.
  • Rely solely on previous versions of the form as a guide. Always refer to the most recent instructions and form version to ensure compliance.
  • Overlook treaty benefits that may apply. If the entity is in a country with a tax treaty with the U.S., carefully review the treaty to determine eligibility for reduced rates of withholding.

Misconceptions

The IRS W-8BEN-E form is an important document for foreign entities receiving U.S.-source income, helping to establish their status for tax withholding purposes. However, there are several misconceptions surrounding this form that can lead to confusion. By clarifying these, entities can ensure they complete and use the form correctly.

  • The W-8BEN-E form is only for individuals. This is a common misunderstanding. In reality, the W-8BEN-E form is designed specifically for use by entities such as corporations, partnerships, and foreign governments. Individuals should instead use the W-8BEN form to certify their foreign status and claim any applicable benefits under an income tax treaty.

  • Any foreign entity earning money from the U.S. should use the W-8BEN-E form. While many foreign entities do need to complete this form, it is not applicable to all. This form is specifically intended for entities that are beneficial owners of income received from U.S. sources, or are claiming treaty benefits. Not all foreign entities will meet these criteria.

  • Completing the W-8BEN-E form automatically exempts you from U.S. tax. Simply completing and submitting the form does not guarantee exemption from U.S. taxation. The form helps in identifying the proper withholding rate based on tax treaties or the foreign entity's status, but does not by itself grant an exemption. Entities may still be liable for taxes, at times even requiring them to file a U.S. tax return.

  • The information provided on the W-8BEN-E form does not need to be updated unless the entity's circumstances change. In fact, the form must be updated periodically, typically every three years, even if the entity's circumstances have not changed. It's important for entities to keep their form current to ensure they are taxed correctly and to avoid penalties from the IRS.

By dispelling these misconceptions, entities can better navigate their tax obligations in the United States, ensuring compliance and potentially optimizing their tax status with the IRS.

Key takeaways

Filling out the IRS W-8BEN-E form is an important process for entities (such as corporations or partnerships) that are not tax residents of the United States but are engaged in business that yields income from U.S. sources. Understanding the key aspects of this form helps in ensuring compliance with U.S. tax laws and avoiding common pitfalls. Here are nine key takeaways:

  1. The W-8BEN-E form is specifically designed for foreign entities to claim exemptions from certain U.S. withholding taxes.
  2. It is crucial for entities to accurately determine their status as a 'Beneficial Owner' and not merely as an intermediary or agent. This distinction affects how income is reported and taxed.
  3. Entities should carefully select their entity classification according to the categories listed on the form, such as corporation, partnership, or disregarded entity. This classification impacts tax obligations.
  4. The form requires the foreign entity to identify the country under whose laws it is created, organized, or incorporated. This information is used to determine tax treaty benefits eligibility.
  5. Correctly completing the ‘Tax Identification Number’ section is vital. Entities should provide their foreign tax identifying number (TIN), and if applicable, their U.S. TIN.
  6. Claiming tax treaty benefits, when eligible, can significantly reduce withholding taxes. Entities must accurately identify the applicable tax treaty and cite the specific article(s) that confer these benefits.
  7. Completing the ‘Limitation on Benefits’ (LOB) article section is necessary to claim tax treaty benefits. This involves certifying that the entity meets the conditions set forth in the treaty’s LOB article.
  8. Diligence is required in filling out all required parts of the form to prevent rejection. Incomplete forms or those with incorrect information can lead to full withholding at the default rate of 30% or the treaty rate.
  9. The form must be updated and resubmitted every three years, or sooner, if any information such as the entity’s address or tax identification number changes, to ensure continued compliance with IRS regulations.

By adhering to these key points, foreign entities can navigate the complexities of the IRS W-8BEN-E form more effectively, ensuring that they meet U.S. tax requirements while optimizing their tax withholding rates.

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