The IRS released the final version of Form W-8BEN-E, "Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities)" on March 29. This final version reflects revised documentation and reporting requirements imposed under the Foreign Account Tax Compliance Act (FATCA). The final version is eight pages and consists of 30 parts, but the IRS has yet to release instructions for the form.
Pursuant to the FATCA regulations, a withholding agent may continue to accept the prior version of the Form W-8BEN until August 2014 (unless the IRS issues guidance that indicates otherwise) and may continue to rely on a previously signed prior version of the Form W-8BEN until its period of validity expires. However, given that FATCA withholding begins on July 1, 2014, a withholding agent may want to use the form beginning on July 1, 2014.
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