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Form Instructions W-8BEN online Chattanooga Tennessee: What You Should Know

A beneficiary is someone who has the legal right to receive the income, to claim it as exempt income, or to receive a refund. Form W-8BEN is also used by an entity, which is a legal person that is the owner for the United States federal tax purposes. To qualify as a United States resident, a person must possess a U.S. address. (see the United States Tax Guide: United States Taxation for Determining Eligibility for Resident Status in our free online IRS e-guide.) A U.S. partnership, trust, or corporation is considered a legal person that is a United States owner. A non-United States person is considered a non-United States person, and the United States must treat it as a non-United States person for withholding purposes. A person who files Form 1120S is not considered a United States nonresident because it is not the United States (non-U.S.) person that controls such a partnership, trust, or corporation. The person that is a United States owner for the United States federal income tax purposes for the calendar year is called a “beneficial owner.” (see Notice 2008-40.) See section 719. If the United States (or the jurisdiction where it is located) chooses to report and pay on Form W8-BEN, this form may also be filed as a Schedule O. See the “Form E” section of  W-8BEN-A (Form 1099-INT) for information on form 1099-INT. In addition, there are 3 filing options for those that are not in compliance with the reporting requirements on form W8-BEN by a certain date. If an individual is unable to file or do so on a timely basis (for example, if he/she is hospitalized and unable to file or do so on a timely basis), or if an entity is unable to file or do so on a timely basis, the individual's W-8BEN and Form W-8BEN-E should be amended to remove the individual, entity, or entities' withholding tax liability by filing Forms W-8BEN–A (Form 1099-INT) and Form W8BEN–E (Form 1120-S) with Form 1099-INT.

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