Form W-8BEN-E is an added requirement for U.S. taxpayers doing business with foreign entities or that have foreign subsidiaries. The Form W-8BEN-E documents the status of those foreign entities for U.S. income tax, treaty benefits, and FATCA purposes.
The Form W-8BEN-E is an 8 page document that is completed due to information required by FATCA for foreign entities. The good news about the form is that most of the 8 pages will not have to be filled out. The complicated part is determining the right sections to complete.
Do we need to complete a Form W-8BEN-E?
A foreign entity (FE) that has non product related transactions with a U.S. taxpayer must complete a Form W-8BEN-E. The form determines if the foreign entity is subject to the default 30% withholding on payments to FEs or if is the FE is eligible for any reduced withholding's related to an applicable treaty.
Why is our U.S. client requesting we complete the Form W-8BEN-E?
The Form W-8BEN-E (Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities)) is a requirement by the IRS to those U.S. taxpayers where a transaction is related to a payment subject to withholding. Form W-8BEN-E must be completed to disclose Foreign Entity status for FATCA purposes, and to provide support for treaty benefits being requested (i.e. to reduce the 30% withholding).
The form is basically a certificate that the U.S. taxpayer will retain, until requested by the IRS, to support any information or withholding decision.
All foreign beneficial owners must complete Parts I (Identification of Beneficial Owner) and Part XXIX (Certification). The key element of completing the form correctly, is correctly identifying the Chapter 4 status and completing the designated additional part(s).
Form W-8BEN-E is for entities only. If you are an individual then please use Form W-8BEN.
More information:
Form W-8BEN-E - click here
W-8BEN-E instructions - click here
Need help completing the Form W-8BEN-E?
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