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W-8ben-e Form: What You Should Know
W-8BEN: U.S. Income Tax Withholding. Form W-8BEN is used to report an item of income that would ordinarily be reported on a tax return under either section 863 or 4161. Form W-8BEN is used by corporations to report foreign corporation income. Form W-8BEN is also used by non-U.S. individuals to report certain items of income from foreign sources. However, an individual who is a Nonresident Alien (NRA) for U.S. tax purposes is not required to file a report W-8BEN-E: U.S. Income Tax Withholding. Form W-8BEN-E is used by foreign persons who receive nonbusiness income under section 901 of the Internal Revenue Code (IRC) and are treated as a trust for purposes of section 5321. Form W-8BEN is also used by non-U.S. persons who are treated as a trust under section 907 of the IRC for purposes of section 527 of the Internal Revenue Code (IRC). Form W-8BEN-E: A Form of Tax Relief for Nonresident Aliens. Form W-8BEN-E—Form W-8BEN–Form W-8BENE is used by both a nonresident alien and a Resident Alien for the purpose of reporting income that normally would be subject to payroll withholding with respect to that income. The filing of a Form W-8BEN-E will not result in an IRS Form 1040-ES being sent to the nonresident alien. There are, however, certain consequences when a taxpayer elects to treat a person or business as a trust under section 907. W-8BEN-E: Trust of Beneficial Owner. Under section 907, a trust is, for all purposes, treated as a single entity for which a single income tax will be calculated on trust tax returns, unless a trust exists for which separate returns are required. Form W-8BEN-E is used to report a U.S. source income that would otherwise be subject to both payroll withholding under IRC section 901 and U.S. income tax withholding under IRC section 4952 unless a trust exists for which separate returns are required.
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