How to locate professional legal documents that adhere to your state regulations and create the Reseller Agreement Form Withholding without hiring an attorney.
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You must give Form W-8BEN to the withholding agent or payer if you are a foreign person and you are the beneficial owner of an amount subject to withholding. Submit Form W-8BEN when requested by the withholding agent or payer whether or not you are claiming a reduced rate of, or exemption from, withholding.
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.
Form W9 is intended for US persons, as explained in question 2. The equivalent form that applies to non-US persons is W8-BEN (for individuals) and W8-BEN-E (for entities).
The W-8BEN is an Internal Revenue Service (IRS) mandated form to collect correct Nonresident Alien (NRA) taxpayer information for individuals for reporting purposes and to document their status for tax reporting purposes.
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.