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Form W-8 online LA: What You Should Know

What Is a Certificate of Foreign Status? Form W-8BEN Certificates of Foreign Status: Form W-8BEN is an information paper designed to certify a foreign individual or business as a “Certificate of Foreign Status” pursuant to IRC section 902(a)(10). Under IRC § 902(a)(10), persons who are not U.S. residents in the sense of being U.S. citizens and residents or physically present in the U.S. must file Form W-9, Certificate of Loss of U.S. Citizenship for Certain U.S. Citizens or Lawful Permanent Resident Aliens. W-8BEN certification also permits this person to claim on Form W-8 or Form 1040, U.S. Income Tax Return, a foreign tax credit for foreign taxes paid on income subject to U.S. taxes. To qualify for a foreign tax credit, the “resident” must meet certain requirements. One of these requirements is that the foreign status must be certified by the U.S. Department of State. The process generally is similar to the following: Individuals who are not U.S. residents for tax purposes but meet the resident requirement and would like the U.S. taxpayer identification number (ITIN), a U.S. expatriate tax identification number (ITIN) and tax exemption on the amount of income that's subject to foreign tax withholding, should provide that information to a U.S. embassy or consulate. If the information furnished is not complete, or information provided is false, the Department of State will revoke the ITIN. See Form W-5-T, Application for a U.S. Passport for a Foreign Individual Seeking to Change his or her Status. Why Do I Need to Filed Form W-8 BEN? It is the individual's responsibility to verify his or her status as a foreign person, unless the IRS designates otherwise in the IRS Code. For example, a foreign individual who has a permanent post office box and the foreign income is taxable because the foreign individual is not a U.S. resident and has only one business address is liable for U.S. tax on the income. The individual's status as a foreign person also must be verified when applying for the W-8BEN for the same business address.

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