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Glossary · W-8

What is W-8BEN / W-8BEN-E?

Certification forms non-US individuals (W-8BEN) and entities (W-8BEN-E) sign to establish foreign status and claim tax-treaty rates on US-source payments.

Why payers demand it

US payers must withhold 30% on many payments to foreign persons unless a valid W-8 on file says otherwise. No form, maximum withholding — the W-8 is your only lever.

The treaty section

Citing the right treaty article can cut withholding on royalties, services or dividends, sometimes to zero. Wrong article, wrong result. A TIN (ITIN or foreign) is required for many treaty claims.

Watch-outs

  • A non-resident should never sign a W-9 — that certifies US-person status under penalty of perjury
  • W-8BENs expire after roughly three calendar years
  • A foreign-owned single-member US LLC usually certifies with the owner's W-8BEN, since the LLC is disregarded

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