New Forms
During 2000, a withholding agent can accept either of the
following.
- The forms or statements in effect under the current
regulations (old forms).
- The forms in effect under the regulations that go into
effect in 2001 (new forms).
Note.
The new forms also satisfy the requirements to get certain
documentation under the current regulations.
The following are the old forms. These forms will not be
valid after December 31, 2000.
- Form W-8, Certificate of Foreign
Status
- Form 1001, Ownership, Exemption, or Reduced Rate
Certificate
- Form 1078, Certificate of Alien Claiming Residence in
the United States
- Form 4224, Exemption From Withholding of Tax on Income
Effectively Connected With the Conduct of a Trade or Business in the
United States
- Form 8709, Exemption From Withholding on Investment
Income of Foreign Governments and International
Organizations
- Statement under regulation section 1.1441-5, relating
to an individual's claim to be a U.S. citizen or resident, or a
partnership's or corporation's claim that it is a domestic
entity
Beginning January 1, 2001, the address rule for dividends will no
longer apply. A withholding certificate will have to be obtained to
determine if withholding is required on dividends paid.
If you hold an old form that was valid on or after January 1, 1999,
and it expires under the current regulations or solely because of the
changes in the circumstances of the person providing the form, you can
get an old form or a new form during 2000. However, the old form will
not be valid after December 31, 2000.
The following are the new forms. For more information,
see the instructions for each form and the Instructions for the
Requester of Forms W-8BEN, W-8ECI, W-8EXP, and
W-8IMY.
- Form W-8BEN, Certificate of Foreign
Status of Beneficial Owner for United States Tax Withholding,
should be provided to a withholding agent or payer by a
beneficial owner of certain types of income to:
- Establish foreign status,
- Claim that such person is the beneficial owner of the income
for which the form is being furnished, and
- If applicable, claim a reduced rate of, or exemption from,
withholding as a resident of a foreign country with which the United
States has an income tax treaty.
A Form W-8BEN provided without a taxpayer identification
number (TIN) generally remains in effect from the date it is signed
until the last day of the third succeeding calendar year, unless a
change in circumstances makes any information on it incorrect.
However, a Form W-8BEN containing a TIN remains valid for as
long as the submitter's status and the information relevant to the
submitter's certification on it remains unchanged. For information on
TINs, see U.S. Taxpayer Identification Numbers, later.
- Form W-8ECI, Certificate of Foreign
Person's Claim for Exemption From Withholding on Income Effectively
Connected With the Conduct of a Trade or Business in the United
States, should be provided to a withholding agent or payer by a
foreign person to:
- Establish foreign status,
- Claim that such person is the beneficial owner of the income
for which the form is being furnished, and
- Claim that certain income is effectively connected with the
conduct of a trade or business in the United States.
Form W-8ECI generally remains in effect from the date it is
signed until the last day of the third succeeding calendar year, or
until a change in circumstances makes any information on it incorrect.
- Form W-8EXP, Certification of Foreign
Government or Other Foreign Organization for United States Tax
Withholding, should be provided to a withholding agent or payer
by a foreign government, international organization, foreign central
bank of issue, or foreign tax-exempt organization to:
- Establish foreign status,
- Claim that the person is the beneficial owner of the income
for which the form is being furnished, and
- If applicable, claim a reduced rate of, or exemption from,
withholding as such an entity.
A Form W-8EXP that is provided without a TIN generally
remains in effect from the date it is signed until the last day of the
third succeeding calendar year. However, in the case of an integral
part of a foreign government, or a foreign central bank of issue, a
Form W-8EXP filed without a TIN remains in effect until a change
in circumstances makes any of the information on it incorrect. A Form
W-8EXP furnished with a TIN remains in effect until a change in
circumstances makes any information on it incorrect.
- Form W-8IMY, Certificate of Foreign
Intermediary, Foreign Partnership, or Certain U.S. Branches for United
States Tax Withholding. See the form instructions for who must
provide this form.
Generally, a Form W-8IMY remains in effect until the status
of the person whose name is on the certificate is changed in a way
relevant to the certificate or circumstances change that make the
information on the certificate no longer correct. The indefinite
validity does not extend to any withholding certificates or
documentary evidence attached to the certificate, or to attached
statements if a change in circumstances makes the information on the
statements no longer correct.
In addition, Form W-9, Request for
Taxpayer Identification Number and Certification, may be used to
determine whether to treat a payee or beneficial owner as a U.S.
person.
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