Forms W-8BEN and W-9 Compliance in Foreign and U.S. Business Transactions

Meeting the Demands of the Substantially Overhauled W-8BEN Under New FATCA Rules

Recording of a 110-minute CPE webinar with Q&A


Conducted on Tuesday, December 19, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This webinar will provide corporate tax advisers with a detailed and practical guide to IRS Form W-8BEN. The panel will describe the most recent 2017 changes to the W-8BEN, and will offer useful tips to help complete the form including new treaty position references and issuing Form W-8 from the payor’s and payee’s perspectives.

Description

U.S. businesses making certain payments are required to obtain a Form W-8BEN or other W-8 (foreign entities or individuals), or a Form W-9 (U.S. taxpayers), bearing certain information about the payee. The form, when properly filed, allows non-U.S. persons with an exemption from backup withholding regulations on U.S. sourced income.

The W-8BEN is part of the increasingly complex foreign information reporting regime, and the IRS integrates and cross-references W-8BEN filings with other information requirements including FATCA requirements. IRS audit activity is aggressive in this area, and tax professionals need to fully understand reporting obligations to file Form W-8BEN. A key challenge is determining when the forms are required from foreign and U.S. payees and when tax withholding is or isn’t required.

The IRS recently issued revisions to Form W-8BEN, requiring any taxpayer claiming a treaty position to specify both the article and paragraph of the tax treaty that they are referencing. Also, filers are now required to furnish more detail to support any claim of special rates, citing specific article and paragraph to substantiate eligibility for the claimed rate of withholding.

Listen as our panel of experienced tax advisers analyzes the upcoming new Form W-8BEN and provides insights for compliance with W-8BEN and W-9 for U.S. taxpayers.

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Outline

  1. Terms of revised Form W-8BEN Form
    1. New disclosure requirements to claim treaty benefits
    2. Form for entities
      1. Eight pages and 30 separate parts
      2. New data elements to be validated and possibly stored
      3. Separate checkboxes to indicate status
  2. Significant ongoing compliance challenges with W-8BEN and W-9
  3. Best practices for validating forms
  4. Current IRS audit imperatives

Benefits

The panel will review these and other key issues:

  • Implications of the new requirement for a foreign tax identifying number
  • Circumstances that require payor companies to obtain a form from payees or to withhold because they haven’t received a valid form
  • Tactics for performing a line-by-line review to ensure a form is accurate and complete
  • Red flags for IRS auditors right now when they look at a W-8BEN or W-9 pulled from your company’s files
  • Scams involving fake Form W-8BENs
  • When an equivalent form is acceptable—and forms that are equivalent
  • Automatic exchange of information (AEoI) and W8 series / W9
  • W-8s and 1042s

Faculty

Brister, Jack
Jack R. Brister, TEP

Partner
International Wealth Tax Advisors

Mr. Brister specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset...  |  Read More

Byrnes, William
Professor William H. Byrnes

Associate Dean, Special Projects
Texas A&M University Law

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