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Form Instructions W-8BEN California San Bernardino: What You Should Know

Filing requirements. You may be required to file a return if your tax shelter is not approved and there are changes in your tax shelter.  Form W-8BEN does not cover a return you may be required to file under the Internal Revenue Code, or for a Form 1065 you may have to file. You are not required to file a tax return if you: 1. Pay any tax liability for tax periods ending in the immediately following calendar year, 2. Have a balance in your account because of an overpayment of tax, or 3. Have a surplus of funds in your account. FTC Notice 2015-51 (Rev. 12-21-2015) The IRS will mail you a notice that the form 8282 is required to be filed for all the income or basis of the interest or dividend earned, received or paid but excluded on account of the income tax, foreign tax credit or deduction imposed on the taxpayer for the year filed. You do not have to file this form if any of the following conditions are  corrected on the return for the year filed, and you pay the tax as prescribed under IRS code, you have enough funds available in your account during the year as a result of the tax owing, and your account can reasonably reflect all income from the interest and dividends received or accrued, or you pay the tax as prescribed under IRS code, you have enough funds available in your account during the year as a result of the tax owing, and your account can reasonably reflect all income from the interest and dividends received or accrued, and except the income that can be excluded under IRC Section 121 and any return filed for the year after the year of sale, you meet the definition of a “qualified charitable organization” or Your business tax return was filed on the effective date of the provisions in effect with the same form 8283 as the return you filed for the year covered by the extension of time for filing the return for the year covered. For tax years ending after December 31, 2014, this extension does not apply if you paid any tax on or before February 24, 2015. The Form 8282-A instructions may be filed with Form W-8BEN. Form W-8BEN-E (Rev. October 2021) is filed for the year of taxable sale.

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