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Alien students, trainees, teachers, and researchers who perform dependent personal services (as employees) can also use Form 8233 to claim exemption from withholding of tax on compensation for services that is exempt from U.S. tax under a U.S. tax treaty.
What happens if you don't fill out a W-8BEN-E form? Failure to provide an accurate form W-8BEN-E to a withholding agent may result in a 30% tax rate on gross income being applied even if the foreign entity has a claim of tax treaty benefits.
How Do I Fill Out Form W-8BEN?Part I Identification of Beneficial Owner:Line 1: Enter your name as the beneficial owner.Line 2: Enter your country of citizenship.Line 3: Enter your permanent residence/mailing address.Line 4: Enter your mailing address, if different.More items...
The W-8BEN-E is an IRS form used by foreign companies doing business in the United States. Only corporations and partnerships need to file this form. Individuals and sole proprietors need to file the W-8BEN form.
The Form 8233 must be filed by all nonresident aliens who claim a withholding exemption on compensation based on a tax treaty between the U.S. and the individual's home country. The individual must file the Form 8233 whether the exemption is claimed for services as an employee or services as an independent contractor.
Dependent personal services are services performed as an employee in the United States by a nonresident alien. Dependent personal services include compensatory scholarship or fellowship income (defined later).
This form is used by non resident alien individuals to claim exemption from withholding on compensation for personal services because of an income tax treaty or the personal exemption amount.
Independent personal services are those performed as an independent contractor, or self-employed individual. Dependent personal services are those performed for a foreign employer. The majority of tax treaties will require that the U.S. citizen not reside in the foreign country for a period exceeding 183 days.
A Competent Authority Arrangement is a bilateral agreement between the United States and the treaty partner to clarify or interpret treaty provisions.
Is Form W-8BEN Required? Yes. Form W-8BEN is required to be filed with withholding agents, payers, and FFIs by non-resident alien individuals who may be subject to withholding of U.S. taxes at a 30% tax rate on payment amounts received from U.S. sources, regardless of their ability to claim a withholding exemption.