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Printable Form W-8BEN Jersey City New Jersey: What You Should Know

The Certificate of Foreign Status for United States Tax Withholding was created in 1980 and is used to record foreign withholding of the United States. If the Certificate is not provided, a Form 3115 (Certificate of F.S.A.) filed for the year immediately preceding the year in which the Certificate is issued (e.g., 1981 if the Certificate was filed in 1980, 1983 if the Certificate was filed in 1981) will be filed by the individual or business as proof of foreign status. The F.S.A.—For each individual, the F.S.A. is a  person (or foreign company) that is taxed on income generated abroad and who must file an annual F.S.A., with the same date each year. The F.S.A. may be  a (e.g., an Irish corporation, a Swiss or foreign corporation, an estate) or it may be a (e.g., an overseas corporation, a foreign corporation that is taxed in the United States, an estate, a trust, a partnership) or it  may be an (e.g., an alien or foreign person (a nonresident alien, a nonresident alien investor, a nonresident alien person other than an immigrant, a controlled foreign corporation or a foreign partnership) — (Note: There is a limitation on the number of such persons who may be required to file a Form 3115. See IRM 21.3.1.5, Limitations on number of persons who may report their income or deductions, and 1.5.3 (5)(e)(viii)). The Form 3115 may be used to report foreign taxable income and may be used to prove foreign status for federal purposes. The F.S.A. may be filed by a person (or foreign partnership or corporation) that has the primary purpose of being taxed (as an independent business person or as a C Corporation) elsewhere. The F.S.A. may be filed by a person who is subject to foreign withholding tax. The F.S.A.

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