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

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 & shared bottom lb ros

More from across our site

Stocche Forbes Advogados, Utumi Advogados and Lobo de Rizzo Advogados have reached Tier 2 as competition intensifies in the region’s largest tax market
Ben Webster’s arrival represents a significant expansion of Withers’ London tax litigation practice, as the private client firm eyes further international growth
The combination swiftly builds on RSM’s addition of a new Lithuanian firm to its international network, signalling a European build-out
Tax teams must look beyond pillar two’s headline rules as R&D incentives and the US side-by-side deal create new strategic choices for multinationals, says Marta Pankiv of Tricentis
As funds work becomes more complex, Proskauer is betting that embedded tax expertise can strengthen its wider offering
The recently founded AI platform stands out in a crowded marketplace thanks to a compelling vision and friends in the right places
Advisers expect consumption tax reform to stay on course, but debt pressures could push the government towards tougher enforcement and incentive reviews
The firm demonstrated its sweet spot of litigation with an international twist with the recent win for the Danish tax authority…but it’s not a tax case
The recently formed firm has taken a break from hiring EY talent to expand its transactional tax and tax technology capabilities
The AI platform, founded last year by two school friends, is partnering with challenger firms like Unity Advisory and A&M Tax to launch its own assault on the AI tax market
Gift this article