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KS online Form W-8BEN: What You Should Know

S. Tax withholding on income. Tax Information for the Foreign Beneficiary The Foreign Tax Credit provides a deduction of U.S. taxes paid on the income of a certain foreign individual and a related nonresident alien. The credit may be claimed for certain income of the individual (not including income from sources that are not included in gross income), as well as for certain amount paid by the individual to that foreign person on behalf of an individual. The foreign individual must file Form 1040, U.S. Individual Income Tax Return, to claim this credit on or after the due date (including extensions) of such return for purposes of claiming the foreign tax credit. Individuals may claim this credit in two ways. 1. The credit may be claimed on the entire income tax return for the year in which the individual paid any amount on account of such income. Note to nonresidents filing Form 1040: If you reside outside the U.S., you may be able to claim the credit on your income tax return as a nonresident alien for all years that you paid income tax. To claim this credit, it is highly recommended that you complete the entire Form 1040. If you have previously filed Form 1040, you can download a “Request for Correction of an Error” and send it directly to the Kansas Department of Revenue (ODOR). The KS Department of Revenue will then contact you directly to let you know whether the KS department of revenue can consider your foreign tax credit for all years that you did not include foreign earned income on your U.S. tax return. 2. You may be able to obtain a Form W-8BEN-E from the foreign person who received the gross income. The Form W-8BEN-E must be submitted with Form 1040. When completing Form 1040, make sure to check this box and write “W-8BEN-E” in the box next to line 15 of such form. The Form W-8BEN-E must be received by the Kansas Department of Revenue (ODOR) within six months from the end of the tax year for which the credit is requested or the credit will expire (to the calendar year for which the tax is paid). The foreign person whose income is being claimed for the credit must file Form 1040, U.S. Individual Income Tax Return, with accompanying Form W-8BEN.

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