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FAQ

Will we need to fill "W-8BEN-E" to do business in the US as a foreign company?
Yes it nessecary, In conjunction with the new compliance requirements under the Foreign Account Tax Compliance Act (“FATCA”), the IRS has released the new Form W-8BEN-E (the “E” stands for entity). Form W-8BEN-E replaces the old Form W-8BEN, for U.S. taxpayers doing business with foreign entities or entities with foreign subsidiaries. Form W-8BEN-E documents the status of those foreign entities for U.S. income tax, tax treaty benefits, and FATCA purposes.Form W-8BEN-E serves four main purposes, as follows:Establish non-U.S. status;Claim beneficial owner status;Claim exemption from, or reduction in, U.S. withholding tax under Chapter 3 (the original foreign tax withholding laws); andIdentify the entity’s category under Chapter 4 (FATCA).Any U.S. taxpayer engaging in non-product related transactions (i.e., services) with a foreign entity must receive a completed Form W-8BEN-E from that entity, to determine whether that foreign entity is subject to the 30% default withholding on payments to foreign entities. In addition, the completed Form W-8BEN-E will determine whether the foreign entity is eligible for any reduced withholdings related to an applicable tax treaty.Note that IRS has also released a revised Form W-8BEN, for U.S. taxpayers doing business with foreign individuals.In a burst of administrative nightmares, the new Form W-8BEN-E is 8 pages long (as opposed to the old 1-page W-8BEN), and it has 30 different parts. Fortunately, any given foreign beneficial owner need not complete all 30 parts of the form. Rather, it will only need to complete those parts relevant to its particular business. However, all foreign beneficial owners must complete Parts I (Identification of Beneficial Owner) and XXIX (Certification).
Can anyone explain the W-8BEN form to me? I have money that I should receive from the US for my work, and they asked for me to fill the W-8BEN. Do I really need to pay 30% in taxes?
If you are completing a W8BEN for work you did outside the US, the presumption would normally be that your income is NOT subject to withholding of US tax, which makes sense if you are a non-US individual working from outside the US.As for completing the form:Part ILines 1–4 should be pretty self explanatory-you put your name, country of citizenship and addressLine 5 is for US taxpayer ID if you have one-you may not, but note there are some situations where you need to obtain oneLine 6 is for your foreign tax ID-you probably have one depending on your countryLine 7 is only needed if whoever is withholding tax needs to identify you and you do not have a US tax ID.Line 8 self explanatoryPart IILine 9-what country do you reside in-self explanatoryLine 10-If you are subject to withholding but qualify for special rates under a tax treaty between your home country and the US, you enter that information. This may require a conversation with a US tax professional or reading the relevant tax treaty at: United States Income Tax Treaties A to ZPart IIIShould be self explanatory you just sign and date the form.You can also read the instructions at: About Form W-8 BEN
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