If you are claiming a reduced rate of, or exemption from, withholding under an income tax treaty you must enter the country where you are a resident for income tax treaty purposes and check the box to certify that you are a resident of that country. Such organizations should use Form W-8BEN-E only if they are claiming a reduced w8 forms definition rate of withholding under an income tax treaty or a Code exception other than section 501(c) or if they are using this form solely for purposes of documenting themselves as an account holder with an FFI. However, if you are a private foundation you should check “Private Foundation” instead of “Tax-exempt organization.” .

Each of the tests is summarized below for your general convenience but may not be relied upon for making a final determination that you meet an LOB test. Rather you must check the text of the LOB article itself to determine which tests are available under that treaty and the particular requirements of those tests. See Table 4, Limitation on Benefits, at IRS.gov/Individuals/International-Taxpayers/Tax-Treaty-Tables, for a summary of the major tests within the Limitation on Benefits article that are relevant for documenting any entity’s claim for treaty benefits. An FFI in a Model 2 IGA jurisdiction that has entered into an FFI agreement with respect to a branch is a participating FFI but may be referred to as a reporting Model 2 FFI. An FFI may also request this form from you to document the status of your account.

Where Can I Download Form W-8BEN?

This may be done by including the name and account number of the disregarded entity on line 7 (reference number) of the form. However, if the disregarded entity is claiming treaty benefits as a hybrid entity, it should complete Form W-8BEN-E instead of this Form W-8BEN. If you become a U.S. citizen or resident alien after you submit Form W-8BEN, you are no longer subject to the 30% withholding rate under section 1441 or the withholding tax on a foreign partner’s share of effectively connected income under section 1446. To the extent you have an account with an FFI, your account may be subject to reporting by the FFI under chapter 4. You must notify the withholding agent, payer, or FFI within 30 days of becoming a U.S. citizen or resident alien. Generally, this will be the person from whom you receive the payment, who credits your account, or a partnership that allocates income to you.

• Additionally, you are required to comply with the conditions of your status under the law of the IGA jurisdiction to which you are subject if you are determining your status under that IGA.
• To understand why you should check this box or to double-check whether you fall into this category or not, we invite you to read the section Step 3b of Chris Clifton’s excellent article on the W-8BEN-E form.
• However, the main purpose of the W8 BEN form is to establish eligibility for a tax withholding exemption or rate reduction.
• Generally, a change of address within the same foreign country or to another foreign country is not a change in circumstances.
• If a change in circumstances makes any information on the Form W-8BEN you have submitted incorrect, you must notify the withholding agent, payer, or FFI with which you hold an account within 30 days of the change in circumstances and you must file a new Form W-8BEN or other appropriate form.

W-9 forms are also IRS forms used to provide or confirm a person’s name, address, and taxpayer identification number (TIN). The W-9 forms are only required for U.S. citizens or resident aliens, or U.S. entities. In order to establish a claim of tax treaty benefits under the Internal Revenue Code, earners of eligible income need to fill out Form W-8BEN. If you are a passive NFFE you must check the box to certify that you are not a financial institution and are not certifying your status as a publicly-traded NFFE, NFFE affiliate of a publicly-traded company, excepted territory NFFE, active NFFE, direct reporting NFFE, or sponsored direct reporting NFFE. If you are an excepted nonfinancial group entity in liquidation or bankruptcy you must check the box to certify that you meet all of the requirements for this status.