IRS Releases Revised and Final
The IRS has posted a revised and final Form W-8EXP, Certificate of Foreign Government or other Foreign Organization for United States Tax Withholding and Reporting, with a revision date of April 2014. The revised form reflects the final FATCA regulations, IGAs, and recently issued harmonization regulations.
- The form has been revised from the draft released last year and continues to be without instructions.
- Chapter 4 status: slight verbiage changes plus two check boxes added:
- Direct reporting NFFE
- Sponsored direct reporting NFFE
- Permanent address: parenthetical instruction added to allow a P.O. box or in care of address other than a registered address.
- GIIN and Foreign TIN check box divided in two (boxes 8a and 8b)
- Part III Qualification Statement: Addition of instruction for an FFI treated as a registered deemed-compliant FFI under an applicable Model 2 IGA to provide its GIIN (end of line 15).
For an exempt retirement plan of a foreign government, instructions revised for:
- Line 18, Bullet 1: includes a plan covered under an IGA
- Line 18, Bullet 2: notation that the plan is in consideration of personal services performed for the sponsor
Addition of Line 21 to name a sponsoring entity of a direct reporting NFFE
Finally, like other Forms W-8 recently released, mandatory use of final Form W-8BEN-EXP is six months after the revision date shown on the updated form (Rev. April 2014), therefore, the revised form is required to be in use by October 2014. Until that time, withholding agents may continue to accept the prior version (Rev. December 2000).
The revised final Form W-8EXP can be accessed by clicking here:
http://www.irs.gov/pub/irs-pdf/fw8exp.pdf (PDF, 170 KB)
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