Form W-8BEN / W-8BEN-E
IRS certification of foreign status, used to claim a reduced treaty rate of U.S. withholding tax.
- Valid for
- 3 years
- Certified by
- Beneficial owner
- Provided to
- Each withholding agent
What are they?
Form W-8BEN (for individuals) and Form W-8BEN-E (for entities) are IRS forms used by non-U.S. persons to certify their foreign status and, where applicable, claim a reduced rate of U.S. withholding tax under an income tax treaty.
How often is it updated?
The form generally remains valid for three years, or until a change in circumstances affects the accuracy of the information provided, at which point the withholding agent must obtain a new form.
How many are provided?
A separate Form W-8BEN must be given to each withholding agent from whom the investor receives payments, rather than a single form covering all accounts.
When is it provided?
The form must be given to the withholding agent before the payment is made, credited to the investor’s account, or allocated. Failure to provide it when requested may lead to withholding at the default 30% rate.
Who completes it?
The form must be signed and dated by the beneficial owner of the income, or by an agent with legal authority to act on the person’s behalf, in which case a power of attorney must accompany the form.
Copy or original required by tax authorities?
A withholding agent may allow the form to be provided with an electronic signature and the form itself is retained by the withholding agent — it is not sent to the IRS.