Yesterday, we took a preliminary look at the new 2016 revised edition of W-8BEN-E. Below is the second part of the examination of this form since the 2016 revision more represents a technical correction release for the evolution of FATCA and its IGAs since 2014 than substantive changes.

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William Byrnes

This month we turn our attention to the recently revised 2016 W-8BEN-E form which has 30 parts over eight pages that can be cataloged into four sections. The IRS released its previous substantial update of the W-8BEN-E in February 2014 and in April 2016 its most recent updated form with accompanying updated instructions. The 2016 revision more represents a technical correction release for the evolution of FATCA and its IGAs since 2014 than substantive changes. The 2014 W-8 series update, on the other hand, was a major departure from the previous series, exemplified by the former W-8BEN in use since 2006 had just four parts. The 2014 Forms may continue to be used by institutions until October 2016 when it becomes mandatory to switch to the new 2016 W-8BEN-E.

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This May Be Your One Last Opportunity to Avoid Criminal Prosecution and Increased Civil Penalties!

Since July 1, 2014, the most feared U.S. legislation regarding international tax enforcement – Foreign Account Tax Compliance Act (“FATCA”) – is being implemented by most banks around the world. As part of this compliance, foreign banks from around the world are sending letters to account holders that they believe have, or had, a U.S. tax nexus (or other U.S. connection) requesting information to determine whether such account holders have disclosed their foreign bank accounts to the IRS. The letters from foreign banks generally require an account holder to disclose whether the account has been declared to the IRS through the filing of a Report of Foreign Bank and Financial Accounts (commonly known as Read More