IRS Forms W-8 and W-9

Published on:
November 28, 2017
Submitted to:
IRS
Submitted by:
SIFMA

Summary

SIFMA provided comments to the IRS and Treasury on Forms W-8 and W-9.

Excerpt

November 28, 2017

Mr. Daniel Winnick

Associate International Tax Counsel

Department of the Treasury

1400 Pennsylvania Avenue, NW

Washington, DC 20224

Mr. John Sweeney

Office of Associate (Chief Counsel), International

Branch Chief, Branch 8

Internal Revenue Service

1111 Constitution Avenue, NW

Washington, DC 20224

Ms. Kimberley Schoenbacher

LB&I – Foreign Payments Practice

Program Manager

290 Broadway, 12th Fl.

New York, NY 10007

Re: Forms W-8 and W-9

Dear Ladies & Gentlemen:

The Securities Industry and Financial Markets Association (“SIFMA”)1, in an effort to achieve compliance with the documentation requirements of chapter 3, 4 and 61 of Code 2 and the regulations thereunder, seeks clarification on the requirements for completing and validating Forms W-8. 3

In addition to the specific issues presented below, the members of SIFMA would like to note the importance of publishing an updated version of the requestor instructions as quickly as possible. It is critical that withholding agents have the requestor instructions in order to understand the nuances of form validation. Withholding agents have been lacking an updated version of this important document for several years causing uncertainty (and likely errors) in requests for the completion and validation of the information on the forms.

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1 SIFMA is the voice of the U.S. securities industry. We represent the broker-dealers, banks and asset managers whose nearly 1 million employees provide access to the capital markets, raising over $2.5 trillion for businesses and municipalities in the U.S., serving clients with over $18.5 trillion in assets and managing more than $67 trillion in assets for individual and institutional clients including mutual funds and retirement plans. SIFMA, with offices in New York and Washington, D.C., is the U.S. regional member of the Global Financial Markets Association (GFMA). For more information, visit http://www.sifma.org.

2 All “Section” references are to the Internal Revenue Code of 1986, as amended (the “Code”), or to the Treasury Regulations (“Treas. Reg.” or “Regulations”) thereunder. All references to the “Service” or “IRS” are to the Internal Revenue Service and to the “Treasury” are to the U.S. Treasury Department

3 Forms include: W-8BEN – Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals), W-8BEN-E – Certificate of Entities Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities), W-8IMY – Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting, W-8ECI – Certificate of Foreign Person’s Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States, W-8EXP – Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting, W-8IMY – Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting

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