Non-US entities get first sight of beneficial ownership form for FATCA
International Tax Review is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Non-US entities get first sight of beneficial ownership form for FATCA

fatca4.jpg

The Internal Revenue Service has published a draft Form W-8BEN-E, which overseas entities must use to certify beneficial ownership status for US withholding tax purposes under the Foreign Account Tax Compliance Act (FATCA).

Depending on which of the 22 different descriptions that they correspond to in part 1, which deals with the identification of the beneficial owner, entities are directed to different sections of the 25-part document.

Categories include foreign financial institution (FFI), non-financial foreign entity (NFFE) or variations of either, exempt retirement fund, certified deemed-compliant nonregistering local bank and excepted nonfinancial holding company.

Part II of the form allows entities to claim the benefits of the tax treaty between the US and their home jurisdiction. Part III refers to notional principal contracts “from which the income is not effectively connected with the conduct of a trade or business in the United States”.

FATCA, which was passed in 2010 as part of the HIRE (Hiring Incentives to Restore Employment) Act, will require foreign financial institutions (FFIs) to report to the IRS about their US taxpayer-held accounts. Otherwise, the institutions and accountholders deemed non-compliant face a 30% withholding tax on certain payments such as US source interest and dividends. Proposed regulations came out in February. The Treasury’s timetable calls for final regulations to be released before the end of the summer.

Affected financial institutions called on the US government to postpone the introduction of the legislation to give them time to put the processes in place to enable to identify their US accountholders and comply with the law. Some service providers believe the institutions could end up spending hundreds of millions of dollars.

The law was originally due to come into force in full on January 1 next year, but that will now be the start of a phased introduction of the rules.

The withholding tax of 30% will be imposed beginning January 1 2014 on US-source dividends and interest paid to non-participating foreign banks and financial institutions. Withholding on all applicable payments, including US-source gross proceeds of sale and pass-thru payments, will be applied from January 1 2015.

more across site & bottom lb ros

More from across our site

The reported warning follows EY accumulating extra debt to deal with the costs of its failed Project Everest
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
Paul Griggs, the firm’s inbound US senior partner, will reverse a move by the incumbent leader; in other news, RSM has announced its new CEO
The EMEA research period is open until May 31
Luis Coronado suggests companies should embrace technology to assist with TP data reporting, as the ‘big four’ firm unveils a TP survey of over 1,000 professionals
The proposed matrix will help revenue officers track intra-company transactions from multinationals
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
The ‘big four’ firm has threatened to legally pursue those behind the letter, which has been circulating on social media
The guidelines have been established in the wake of multiple tax scandals and controversies that have rocked the accounting profession
KPMG Netherlands’ former head of assurance also received a permanent bar and $150,000 fine; in other news, asset management firm BlackRock lost a $13.5bn UK tax appeal
Gift this article