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How to prepare Form W-8BEN

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What Is form w 8ben?

Today, so many people from different corners of the planet work for the companies registered in the United States. They are not the citizens and do not have the status of the residents. In this case, they need to do something to avoid paying taxes to both the United States and their country of citizenship.

Form W-8BEN is specially designed to solve this problem and simplify the life of a common taxpayer. It is also known as the Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals). Different countries have different double income taxation agreements with the United States.

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What is W-8BEN Form Used for?

Using Form W-8BEN, you confirm your status of a nonresident of the United States. You must file this form once every two-three years, otherwise you will be required to pay 30% tax. The form must be provided to your income payer, but not to the IRS (Internal Revenue Service).

The form is used to prove that you are not the United States resident and that the money you have received is your income earned on the territory of this country. It must contain a signature of the beneficial owner of that income or the authorized representative. After you submit this form, it will be valid for three calendar years from the date of its signing.

How to Fill out W-8BEN

Never use Form W-8BEN if you are not an individual. The United States citizens and residents, or intermediaries do not file this. There are generally three parts. In the first part, you must pryour personal information:

  • name of individual who is the beneficial owner;

  • country of citizenship;

  • permanent residence address;

  • mailing address;

  • U.S. taxpayer identification number;

  • reference number;

  • date of birth.

The second part is devoted to the claim of the tax treaty benefits, where you indicate special rates and conditions. The last part is a certification where you confirm that you understand the possible results of online W-8BEN submission and Pryor agreement. The last step is the signature.

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w 8ben - FAQ

Form W-8BEN, what type of form is this in the US?
A W8 is just a W9 for foreign contractors. It mostly just tells the IRS thatyou don’t owe any taxes because you’re foreign.To start a W2 is what a boss of an employee gives the employee so he can filehis taxes. One copy goes to the IRS and the other goes to the employee. Whenyou get hired you fill out a W4 that tells your employer the informationnecessary to fill out the W2A 1099 is the same thing but for nonemployees who are paid to do things. AW9 is the corresponding“opposite” of a 1099—the equivalent of a W4 forcontractors. That is if you’re a contractor you give your “boss” a W9 thatsays your name and social security number so they have the information to giveyou a 1099 at the beginning of the year so you can do your taxes. Thatbasically goes for any sole proprietor or law firm where more than 600changes hands. So if you pay someone 800 to fix your car you should give himNow you’re question. If you are a contractor and not in the US like aprogrammer in India for a US business you don’t do W9s you do W8s. Yourboss doesn’t give you a 1099 at this point but he does need the W8 on file toprove your status to the IRS so they don’t send cops after you looking fortax money or they don’t ask him to garnish your future wages.There are multiple types of W8s depending on what’s going on. They askwhether the foreign bank account that’s being paid is really controlled by aUS Citizen whether the foreign company is really a subsidiary of a US companywho’s taking all the money whether there are treaties involved between the USand the country where you’re doing the work etc. It’s a mess and thatdefines whether you fill out a W8BEN or a W8BENE or W8ECI. Note BENthere stands for “beneficiary” because again that’s the main question. Of course I am not a lawyer or a CPA but I do consider myself qualified toanswer the question. Nevertheless you may want to consult with someoneofficially qualified before acting on my advice. I write so you canunderstand of course any question “correct” enough to be actionable involveswords and concepts that you probably googled before getting here. We’re allcogs in the machine of mutual edification.
As a Canadian working in the US on a TN-1 visa should I fill out the IRS FormW-8BEN or W9?
Use the W9. The W8BEN is used for cases where you are not working in the.S. but receiving income relating to a U.S. Corporation Trust partnership.
Taxes: If there is a treaty tax between my country and the U.S.A. And I do not claim it (form W-8BEN), is it perjury?
In the United States we would determine tax requirements for a foreign national based on US tax statutory requirements. Once we have completed this process we then look to the specific bilateral tax treaty between the foreign national’s home country and the US. Here we are looking to see if a particular treaty position will mitigate the particular tax results we have determined above.If such a treaty provisions exists we can then apply it though no requirement exists saying the foreign national must take a treaty position compared to the tax law which is not optional. I will pran example. Say we have a United Kingdom National receiving dividend from a US company. Tax law requirements pr the US corporationwithhold a 30 tax on payment of the dividend as noted in Section 871a. If we wish we then turn to the US UK Bilateral Tax Treaty allowing for 15withholding rate under Article 10 Paragraph 2b. If the UK National does not use the treaty Hesse pays 30 to the US and thenuses this US tax as a credit against higher UK taxes on the dividend. Theserates vary from 7.5 to 38. Say we are dealing with the highest UK rate. If the UK resident does not use the treaty position heshe pays 30 in the US and 8 in the UK. If the UK resident uses the treaty heshe pays 15 in the US and 23 in the UK. I have based the above tax analysis on the fact situation at hand if the tax facts change in any way the tax results may change materially. www.rst.tax
Am I exempt from tax reporting requirements in the USA as a non-USA resident doingbusiness on E-Commerce sites like eBay and Amazon by filing form W-8BEN?
As a Resident of Canada you are eligible to use the US Canada income taxtreaty and have your income taxed only in Canada. Article VII is the“business profits” article and can be used for many forms of U.S. sourced income including eBay and Amazon.You will receive information from eBay and Amazon about your income from those sites on form 1099K or if they know what they’re doing you’ll receive a1042S with a Tax Treaty exemption showing on it.
How should I fill out Form W-8BEN from Nepal (no tax treaty) for a receiptroyalty of a documentary film?
You are required to complete a Form W8BEN if you are a nonresident alien andearned Royalty income in this case from a USbased source.The purpose of the form is to alert the IRS to the fact you are earning incomefrom the US even though you are not a citizen or a resident of the US. The USis entitled to tax revenues from your USbased earnings and would without theform have no way of knowing about you or your income.To ensure they receive their “fair” share they require the payor to withhold30 of the payment due to you before issuing a check for the remainder toyou. If they don’t withhold anddon’t report the payment to you they may notbe able to deduct the payment as an expense and are subject to penalties forfailing to withhold not to mention forced to pay the 30 amount over andabove what they pay to you. They therefore will not release any paymentwithout receiving the Form W8BEN.Now Nepal happens not to have a tax treaty with the US. If it did and youwere subject to Nepalese taxes on that income you could claim a credit forthe taxes paid to another country up to the entire amount of the tax. Evenstill you are entitled to file a US Form 1040N as the withholding is chargedon the gross proceeds and there may be expenses that can be deducted from thatamount before arriving at the actual tax due. In that way you may be entitledto a refund of some or all of the backup withholding.That is another reason why you file the form it allows you to file a returnin order to apply for a refund.In order to complete the form you can go to the IRS website to read theinstructions or simply go here httpswww.irs.govpubirspdf...
What is the difference between IRS W-8BEN and W-8BEN-E forms?
Sure I can address tax issues here. You would use the W8 Ben for an individual situation. And you would use the W8 Ben E for a company situation.Though the actual completion of the form center on how the US international tax provision taxes the foreign person or company on the income. So we first apply the tax law based on the fact situation at hand. So the form completion centers on tax law and treaty law.Then and if the person or company home country has a specific tax treaty with the US we would then apply the exact treaty provision for mitigating reducing the withholding required.Here we need to understand how treaties work and apply the most recent treaty or possibly and updated protocol or competent authority position between thus and the home country when we complete the treaty section of the W8Ben Greene. The above represents the procedure I have used when dealing with this situation. As with all events dealing with the US tax law completing this form correctly and fully provides for the best outcome allowed by tax law and treaty law.I have completed the above based on the fact situation. If the income type or facts change above the tax results may change for sure. www.rst.tax
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