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OK online W 8 From Revform: What You Should Know
The Form W-8BEN (Form W-8BEN) is an affidavit claiming the foreign corporation's status under section 61(j) of the Code as an exempt foreign corporation (FEC). The Form W-8BEN-E (Form W-8BEN-E) is a certificate for nonresident aliens that is similar to the Certificate of Exemption (Form W-8ECI) but is for the foreign shareholder. The document is used to document that the foreign stockholder/participant is a nonresident alien shareholder and not a U.S. person owning a 5% or greater controlling interest in the corporation. The Form W-8BEN-E is required for the following types of foreign status transactions: • Transactions involving the transfer of stock of a foreign corporation to: • A nonresident corporation, whether the transferee owned more than 5% of the outstanding class or shares of the nonresident corporation at the time the transfer took place. • A partnership (limited liability company) or individual if the partnership is organized under a domestic law and the transferor is a nonresident alien and the transferee: • Is a citizen or resident of a country other than the United States at the time of the exchange. • Is a citizen or resident of a country other than the United States at the time the distribution occurred. • Is a citizen or resident of a country other than the United States at the time the holding period under section 1245 began and at the time any earnings or profits from services are distributed. • A spouse or dependent of the shareholder if the shareholder: • Is in any year the spouse or dependent of a holder described in the first two (2) or more of the following provisions: • Section 1201(a)(17) (relating to a nonresident-owned agricultural enterprise); Section 1201(b)(2) (relating to foreign corporations with no U.S. shareholders); Section 1221(a)(5) (relating to foreign partnerships) or Section 1246(a)(7) (relating to foreign corporations with U.S. shareholders); Section 1248(c)(2)(A) (relating to nonresident aliens) or Section 1248(c)(2)(B) (relating to U.S. persons owning 25% or more of the equity in the corporation); Section 523(b)(10)(B)(i) (relating to nonresident aliens holding stock that is controlled by a U.S.
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