Forms W-8: Understanding the Requirements for Completing Each Form in the Series – Why are These Forms So Complicated?

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Presenter: Carol Kassem, Regulatory Expert

When you make payments to a foreign individual or entity, what are your responsibilities for requesting documentation? The Form W-9 cannot be used so what are you supposed to do? Documenting a nonresident alien has become significantly more challenging since the W-8 series of forms were revised as of July 1, 2014. The forms have become much more complex and lengthy as the IRS strives to correctly identify a nonresident alien and apply the applicable rate of withholding. During this hour, we will examine each form to determine the information that the payee should be providing, as well as the following:

  • Who must complete one of the Forms W-8
  • Which forms to solicit from a payee or recipient
  • Appropriate forms for certifying an individual
  • Which boxes must be completed on each form type
  • What invalidates a form
  • Dealing with different versions of the same form
  • Creating substitute forms
  • Dealing with treaty rates
  • Knowing when to re-solicit a form W-8
  • Consequences of not having valid documentation on file
  • Determining the differences between chapter 3 and chapter 4 documentation
  • Paper or electronic forms – which medium can you accept
  • …and much more!

If you are having trouble soliciting and reviewing these forms, plan to join us for this discussion before your organization ends up with penalties being assessed for not having valid documentation.

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