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IRS Forms W-8BEN and W-9 Compliance: New Information Requirements and ECI Rules

Withholding Agents' Certification and Withholding Duties in Foreign and U.S. Business Transactions

Note: CLE credit is not offered on this program

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

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Conducted on Thursday, January 21, 2021

Recorded event now available

or call 1-800-926-7926

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


U.S. businesses making certain payments must 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 forms, when properly filed, reduce or eliminate U.S. federal income tax withholding.

Form 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 grasp 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 required.

Form W-8BEN requires any taxpayer claiming a treaty position to specify both the article and paragraph of the tax treaty that they are referencing. Also, filers are required to furnish more detail to support any claim of special rates, citing the 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.



  1. Who must complete Form W-8BEN and related disclosures
  2. Form for entities
  3. Data collection and form validation challenges
  4. Impact of partnership centralized audit regime on push-out elections and withholding for non-U.S. partners
  5. Significant ongoing compliance challenges with W-8BEN and W-9


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 Form W-8BEN or Form W-9 pulled from your company's files
  • When and what equivalent forms are acceptable
  • Automatic exchange of information (AEoI) and W8 series/W9


Gifford, Dirk
Dirk Gifford

Managing Director, International Tax Services

Mr. Gifford serves in the firm's International Corporate Services Practice. He focuses on working primarily with...  |  Read More

Gray, Armin
Armin Gray

Managing Partner
Gray Tolub

Mr. Gray's practice is focused on tax controversy, IRS Offshore Voluntary Disclosure programs, FATCA, and...  |  Read More

Pivovarova, Natalia
Natalia Pivovarova

Gray Tolub

Ms. Pivovarova concentrates her practice on taxation, focusing on taxation of real estate transactions and...  |  Read More

Rhodes, Andrew
Andrew W. Rhodes

Senior Manager, International Tax

Mr. Rhodes deals with a broad spectrum of international corporate tax issues including those relating to Private...  |  Read More

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