The IRS has updated the instructions for Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals). There are a number of changes from the previous revision:
- Some minor updates made to Form W-8BEN to conform with Form W-8BEN-E.
- Instructions have been updated to reflect temporary and final regulations under chapters 3 and 4 (published in January 2017)
- Instructions include additional information on when a foreign TIN and date of birth are required to be included on Form W-8BEN
- Some specific Line 6 changes:
- If you are providing this form to document a financial account described above but you do not enter a TIN on line 6, and you are not a resident of a U.S. possession, you must provide the withholding agent with an explanation for why you have not been issued a TIN
- The explanation may be written on line 6, in the margins of the form, or on a separate attached statement associated with the form.
- If you are not using this form to document a financial account described above, you may provide the TIN issued to you by your jurisdiction of tax residence on line 6 for purposes of claiming treaty benefits (rather than providing a U.S. TIN on line 5, if required)
- If you are providing this form to document a financial account described above but you do not enter a TIN on line 6, and you are not a resident of a U.S. possession, you must provide the withholding agent with an explanation for why you have not been issued a TIN
- Instructions also include information about the use of electronic signatures
- A withholding agent may allow you to provide this form with an electronic signature.
- The electronic signature must indicate that the form was electronically signed by a person authorized to do so (for example, with a time and date stamp and statement that the form has been electronically signed).
- Simply typing your name into the signature line is not considered an electronic signature.
- Some specific Line 6 changes:
- Instructions include additional information on when a foreign TIN and date of birth are required to be included on Form W-8BEN
