[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63570-63571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24964]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment Request for Forms W-8BEN, W-8BEN-E,
W-8ECI, W-8EXP, and W-8IMY
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice and request for comments.
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SUMMARY: The Department of the Treasury, as part of its continuing
effort to reduce paperwork and respondent burden, invites the general
public and other Federal agencies to take this opportunity to comment
on proposed and/or continuing information collections, as required by
the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning
Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for
United States Tax Withholding, Form W-8BEN-E, Certificate of Status of
Beneficial Owner for United States Tax Withholding, Form W-8ECI,
Certificate of Foreign Person's Claim for Exemption From Withholding on
Income Effectively Connected With the Conduct of a Trade or Business in
the United States, Form W-8EXP, Certificate of Foreign Government or
Other Foreign Organization for United States Tax Withholding, Form W-
8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity,
or Certain U.S. Branches for United States Tax Withholding, and the EW-
8 MOU Program.
DATES: Written comments should be received on or before December 23,
2013 to be assured of consideration.
ADDRESSES: Direct all written comments to Yvette Lawrence, Internal
Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington,
DC 20224.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the form and instructions should be directed to Martha
Brinson, at Internal Revenue Service, Room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224, or at (202) 622-3869, or through the
Internet at [email protected].
SUPPLEMENTARY INFORMATION:
Title: Form W-8BEN, Certificate of Foreign Status of Beneficial
Owner for United States Tax Withholding, W-8BEN-E, Certificate of
Status of Beneficial Owner for United States Tax Withholding, Form W-
8ECI, Certificate of Foreign Person's Claim for Exemption From
Withholding on Income Effectively Connected With the Conduct of a Trade
or Business in the United States, Form W-8EXP, Certificate of Foreign
Government or Other Foreign Organization for United States Tax
Withholding, and Form W-8IMY, Certificate of Foreign Intermediary,
Foreign Flow-Through Entity, or Certain U.S. Branches for United States
Tax Withholding.
OMB Number: 1545-1621.
Form Number: W-8BEN, W-8BEN-E, W-8ECI, W-8EXP, and W-8IMY.
Abstract: Form W-8BEN is used for certain types of income to
establish that the person is a foreign person, is the beneficial owner
of the income for which Form W-8BEN is being provided and, if
applicable, to claim a reduced rate of, or exemption from, withholding
as a resident of a foreign country with which the United States has an
income tax treaty. Form W-8ECI is used to establish that the person is
a foreign person and the beneficial owner of the income for which Form
W-8ECI is being provided, and to claim that the income is effectively
connected with the conduct of a trade or business within the United
States. Form W-8EXP is used by a foreign government, international
organization, foreign central bank of issue, foreign tax-exempt
organization, or foreign private foundation. The form is used by such
persons to establish foreign status, to claim that the person is the
beneficial owner of the income for which Form W-8EXP is given and, if
applicable, to claim a reduced rate of, or exemption from, withholding.
Form W-8IMY is provided to a withholding agent or payer by a foreign
intermediary, foreign partnership, and certain U.S. branches to make
representations regarding the status of beneficial owners or to
transmit appropriate documentation to the withholding agent. Reg. Sec.
1.1441-
[[Page 63571]]
1(e)(4)(iv) provides that a withholding agent may establish a system
for a beneficial owner to electronically furnish a Form W-8 or an
acceptable substitute Form W-8. Withholding agents with systems that
electronically collect Forms W-8 may voluntarily choose to participate
in the IRS EW-8 MOU Program. The EW-8 MOU Program is a collaborative
process between the withholding agents and IRS.
Current Actions: On March 18, 2010, the Hiring Incentives to
Restore Employment Act of 2010, Public Law 111-147 (H.R. 2847) (the
Act) was enacted into law. Section 501(a) of the Act added chapter 4
(sections 1471-1474) to Subtitle A of the Code. Section 1471(a)
generally requires a withholding agent to deduct and withhold a tax
equal to 30 percent on any withholdable payment made to an FFI, unless
the FFI has an agreement requiring such FFI to satisfy the obligations
specified in section 1471(b). On January 28, 2013, the Treasury
Department and IRS issued final regulations under chapter 4 (sections
1471-1474) in T.D. 9610 (78 FR 5874). The general requirements of an
FFI Agreement are described in Sec. 1.1471-4 and provided the
substantive requirements applicable to a participating FFI under the
FFI agreement. Various changes were made to the forms covered under
this approval number to comply with the withholding, due diligence,
reporting requirements of U.S. accounts (defined in Sec. 1.1471-
1(b)(125)), and expanded affiliate group requirements of a
participating FFI are described in Sec. 1.1471-4(a) through (e).
Type of Review: Revision of a currently approved collection.
Affected Public: Individuals, business or other for-profit
organizations, and not-for-profit institutions.
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Number Time per Total annual
respondents respondent/hours burden hours
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Form W-8BEN.............................................. 3,000,000 7.18 21,540,000
Form W-8BEN-E............................................ 100,000 25.23 2,523,000
Form W-8ECI.............................................. 180,000 9.13 1,643,400
Form W-8EXP.............................................. 240 20.05 4,812
Form W-8IMY.............................................. 400 25.23 10,092
E-W8 MOU Program......................................... 1 1 1
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Total................................................ 3,280,641 ................. 25,721,305
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The following paragraph applies to all of the collections of
information covered by this notice:
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless the collection of
information displays a valid OMB control number. Books or records
relating to a collection of information must be retained as long as
their contents may become material in the administration of any
internal revenue law. Generally, tax returns and tax return information
are confidential, as required by 26 U.S.C. 6103.
Request for Comments: Comments submitted in response to this notice
will be summarized and/or included in the request for OMB approval. All
comments will become a matter of public record. Comments are invited
on: (a) Whether the collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information shall have practical utility; (b) the accuracy of the
agency's estimate of the burden of the collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology; and (e)
estimates of capital or start-up costs and costs of operation,
maintenance, and purchase of services to provide information.
Approved: October 7, 2013.
Yvette Lawrence,
IRS, Reports Clearance Officer.
[FR Doc. 2013-24964 Filed 10-23-13; 8:45 am]
BILLING CODE 4830-01-P