Help with updated W-8BEN-E

Question

Hi there.

There’s quite a lot of help online for UK companies completing the W-8BEN-E form, however, all of this which i can find is older than the latest form and there’s some key differences.

In Part III – Claim of Tax Treaty Benefits, 14) b) reads:

The beneficial owner derives the item (or items) of income for which the treaty benefits are claimed, and, if applicable, meets the requirements of the treaty provision dealing with limitation on benefits. The following are types of limitation on benefits provisions that may be included in an applicable tax treaty (check only one; see instructions):

It then has the following options:

Government
Tax exempt pension trust or pension fund
Other tax exempt organization
Publicly traded corporation
Subsidiary of a publicly traded corporation
Company that meets the ownership and base erosion test
Company that meets the derivative benefits test
Company with an item of income that meets active trade or business test
Favorable discretionary determination by the U.S. competent authority received
Other (specify Article and paragraph):

I run a business that design and builds websites and apps. Any idea how I fill this section in?

Many thanks

Andrew Daniels

Answer

Hello Andrew,

I have the same issue. Apparently, USA companies can no longer accept the old format after Oct 2016.

Did you eventually get the appropriate advice?

If so, can you point me in the right direction?

Thanks
Andrew

Answer

Hi Andrew

I managed to sort it and from what I remember it was pretty straightforward once I worked it out, however, unfortauntely i dont remember exactly what I did.

From what I can remember there was only a couple of additional tick boxes and most of the document could be ignored.

Sorry I couldn’t help any more.

Andrew

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