IRS Revised W-8BEN For Individuals – What Form Do You Use For Entities?

The Internal Revenue Service has released revised IRS Form W-8BEN (Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding (Individuals)). The IRS has also released revised IRS Instructions for Form W-8BEN .

Generally, certain foreign persons are required to provide IRS Form W-8BEN to their withholding agents or payors with regard to certain income payments, including fixed or determinable annual or periodical income (FDAP income) from US sources, in order to:

• Establish that such persons are not US persons;

• Claim that they are the beneficial owners of the payments; and

• Claim income tax treaty benefits, if applicable, for the purpose of chapter 3 of the US Internal Revenue Code (IRC).

• The revised IRS Form W-8BEN modifies, Line 8 to request the date of birth for a beneficial owner who holds a financial account with a US office of a financial institution.

IRS Form W-8BEN has been updated to reflect the documentation requirements of IRC chapter 4, i.e. the Foreign Account Tax Compliance Act (FATCA).

• IRS Form W-8BEN is now used exclusively by individuals.

• Entities should use IRS Form W-8BEN-E, however,

• The new W-8BEN-E is still in draft form.

We believe that you use the old W-8BEN for entities, until the new one (coming out soon) for entities, W’8BEN-E comes out.

In accordance with Circular 230 Disclosure

Tony Beecher

Subscribe to TaxConnections Blog

Enter your email address to subscribe to this blog and receive notifications of new posts by email.