FATCA - Updated forms for withholding, reporting for chapter 3, chapter 4 (Forms W-8IMY, W-8EXP, W-8ECI, W-8BEN-E) 

July 7: The IRS has posted updated versions of the following forms relating to withholding and reporting requirements, reflecting updated information relating to chapter 3 and chapter 4 (the FATCA regime):
  • Form W-8IMY [PDF 297 KB] Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting
  • Form W-8EXP [PDF 178 KB] Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting
  • Form W-8ECI [PDF 137 KB], Certificate of Foreign Person’s Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States
  • Form W-8BEN-E [PDF 315 KB] Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities)

What’s new?

The newly updated versions of these four forms include a note that a withholding agent can accept the prior version of the form (i.e., the 2006 version) through the end of 2014 (i.e., before January 1, 2015).

Treasury regulations provide that the new forms must be used six months after the revision date (September 1 for the Form W-BEN-E and the Form W-8ECI and November 1 for the other two forms).

KPMG observation

The IRS had informally stated that it would allow such treatment, and the updated forms apparently are intended to provide a greater degree of comfort for withholding agents and foreign financial institutions (FFIs).

The language included in the notes on page one of each form makes clear that the 2006 version of the form obtained between now and the end 2014 will be valid for the normal validity period for purposes of chapter 3 and until the end of the transition period for purposes of chapter 4—i.e., December 31, 2014, for a “prima facia FFI” (relevant only for U.S. withholding agents and PFFIs operating under the FFI Agreement) and June 30, 2016, for all other entities.

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