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Form W-8BEN online Nashville Tennessee: What You Should Know

Form W-8BEN-E — International Tax. On this revised form the Form 1037 and W-8BEN have been repealed due to an amendment to the Tax Court Rules in the Tax Court Decision issued on June 29, 2011, and the following new regulations. The revised form, “Certificate of Foreign Status of Beneficial Owner”, is issued to an entity or a vendor who is seeking to avoid the double taxation of U.S. source income by claiming a foreign-source exclusion or deduction or any foreign-source credit, deduction, exclusion, or credit of the employer. The new form replaces both Forms 10-K and 10-F as a non-compliant method of determining a nonresident alien's U.S. source income subject to withholding. The new form is used as a substitute for both Forms 10-K and 10-F in certain cases in which one or both of those forms is not valid or used, and will be an acceptable method of determining a nonresident alien's gross income for U.S. federal income tax purposes. The revised form has a new section entitled “Nonuser or nonvalidity,” which can cause problems if the taxpayer fails to correct the errors in the original Forms 10-K or 10-F. There are significant differences between the two versions of Form W-8BEN. Both versions of Form W-8BEN are issued pursuant to 31 U.S.C. §§ 1346(b)(1), (6), (12), (13), (15), and (19), and are due on or before the last day of the calendar year following the close of the business year involved and no later than the 20th day of the month following the month in which the withholding on the tax has been assessed. The form to be used is W-8BEN-E, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding,  (July 2002). Do not send in Forms 10-K or 10-F to the IRS. The IRS can use Forms W-8BEN with the original IRS Form 1037 to determine the date tax was withheld, but will use Form W-8BEN-E to make sure there is a valid Certificate of Foreign Status for United States Tax Withholding. When the last week in April is approaching, be sure to check to see if the IRS has issued any of these forms prior to that date.

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