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Form W-8BEN for Queens New York: What You Should Know

The W-8BEN requires an original (or an amended) New York State taxpayer tax return and tax return/return information for all taxpayers on record and is a form that's not available for electronic filing.  IRS Forms W-8BEN and I-9 W-8BEN-E (Certificate of Exemption) IRS Form W-8BEN is a Form 941-X for the IRS to submit to the New York State Division of Taxes, “New York State Tax and Financial Institutions Division; “to certify the existence and status of a new foreign taxpayer under section 943-a of the administrative code of the state of New York”. [Section 943-a(2) of The Administrative Code states: “The term 'foreigner' shall be defined as any person who is not a resident of the state of New York with respect to any year, and has never been an authorized or duly authorized United States nonresident alien for any tax year.” (The IRS has also used the word “exempt” or “disqualified” when reporting the presence of foreign status on Form 941-X for both individuals and foreign entities.)] IRS Forms W9 and W-8BEN — What Are They? W-9 is a report of foreign financial assets; and W-8BEN is a Certificate of Release or Anna  W-9 — Statement for Return of Financial Assets and Foreign Bank and Financial Accounts Note that the 1,000,000 caps does not apply; you can report any amount over 1,000,000. See the “Nonresident Foreign Financial Assets” section of the Form 941 for the specific form to be used, and how much is required of each entity and individual who may have foreign accounts. W-8BEN (Certificate of Exemption from Partnership or I-9 Form for Partnership Information for Non-Business entities) If you're using the I-9 Form at the same time, you need to include a statement that the entity has filed a U.S. Individual Income Tax Return with this information filed. Nonresident aliens must use Form W-8BEN-E to certify that they are not U.S. citizens and that they meet the “income eligibility requirements” for exemption from U.S. federal income tax.

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