What is a W-8BEN Form and Why Does It Matter? (2024)

Written byThe Content Team|Published onOctober 15, 2020

AW-8BENform is a tax document used to certify that your country of residence for tax purposes is outside of the United States. It is required because of an intergovernmental agreement between Canada and the U.S. which obligates Canadian Financial Institutions to provide this information.

A completed W-8BEN form confirms that:

1) You arenota resident of the U.S.

2) Youarethe owner of the income for which the form relates to.

3) Youareclaiming a reduced withholding tax rate because you're a resident of a foreign country with which the U.S. has an income tax treaty.

Why do I have to file a W-8BEN form?

As a result of agreements between the Canadian and U.S. governments, a W-8BEN is required for holders of all non-registered accounts – even if you don't hold any U.S. investments. The U.S. Internal Revenue Service (IRS) also requires brokers of U.S. securities to collect a W-8BEN forallholders of Tax-Free Savings Accounts (TFSA), as well as for holders of Registered Education Savings Plans (RESPs) who wish to trade in U.S. securities.

Note: If you are a U.S. citizen or resident (or if you have opened your account as a U.S. partnership, corporation, estate or trust), you must submit formW-9 Request for Taxpayer Identification Number and Certification.

What's in it for me?

If you are a certified resident of Canada, a W-8BEN form allows you to make a claim (a tax treaty benefit) for a reduction on the tax withheld from U.S. income you may receive in your account. This covers dividends from U.S. companies or interest income from U.S. fixed-income investments.

It's a material benefit because the withholding tax is normally 30 per cent. With a current W-8BEN in place, you may qualify for the reduced rate of 15 per cent tax on dividends, or zero tax on interest.

I've received notice that my W-8BEN is expiring, do I need to do something?

Yes — as part of your RBC Direct Investing account documentation and to meet the IRS requirement, you must update and complete the W-8BEN formevery three years, even if there is no change in your personal information.Withoutan up-to-date W-8BEN, account restrictions could prevent you from trading.

The form remains in effect from the date of signing it until the end of the third calendar year. So, for example, if your form was signed on any date in 2017, it will expire on Dec. 31, 2020.

What happens if I let the W-8BEN form expire?

If your W-8BEN expires and you do not provide an updated one, any U.S. source income received will be subject to 30 per cent withholding tax. Some account restrictions may also apply.

Can I fill out my W-8BEN online?

You can update your expiring W-8BEN online by logging in to your account and selecting "Forms and Agreements" from thePerson icon.Select theW-8BEN & Tax Residency Self-Certification Substituteform and follow the steps on screen to complete and submit electronically.

Some tips with the form:

  • The Tax Identification Number (TIN) for apersonal accountin Canada is the same as your Social Insurance Number (SIN)
  • Part II of the form helps determine if you are eligible for reduced tax withholding rates. For example, since Canada has a treaty with the U.S., a Canadian tax resident may determine they are eligible to claim tax treaty benefits and would enter "Canada" in this section.
  • If you have specific questions about completing your W-8BEN, you should speak to a professional tax advisor for specific guidance about your personal circ*mstances and exposure to U.S. withholding tax.

If you are unable to complete the form online, you can visit www.rbcdirectinvesting.com/forms and look for “QI, FATCA and CRS Forms.”Download and complete the W-8BENform, then submit it at any RBC Royal Bank branch, or mail it to:

RBC Direct Investing Inc.

Royal Bank Plaza

200 Bay Street, North Tower

P.O. Box 75

Toronto, ON M5J 2Z5

The information provided in this article is for general purposes only and does not constitute personal financial advice. Please consult with your own professional advisor to discuss your specific financial and tax needs.

View Legal Disclaimer

RBC Direct Investing Inc. and Royal Bank of Canada are separate corporate entities which are affiliated. RBC Direct Investing Inc. is a wholly owned subsidiary of Royal Bank of Canada and is a Member of the Canadian Investment Regulatory Organization and the Canadian Investor Protection Fund. Royal Bank of Canada and certain of its issuers are related to RBC Direct Investing Inc. RBC Direct Investing Inc. does not provide investment advice or recommendations regarding the purchase or sale of any securities. Investors are responsible for their own investment decisions. RBC Direct Investing is a business name used by RBC Direct Investing Inc. ® / ™ Trademark(s) of Royal Bank of Canada. RBC and Royal Bank are registered trademarks of Royal Bank of Canada. Used under licence.

© Royal Bank of Canada 2024.

Any information, opinions or views provided in this document, including hyperlinks to the RBC Direct Investing Inc. website or the websites of its affiliates or third parties, are for your general information only, and are not intended to provide legal, investment, financial, accounting, tax or other professional advice. While information presented is believed to be factual and current, its accuracy is not guaranteed and it should not be regarded as a complete analysis of the subjects discussed. All expressions of opinion reflect the judgment of the author(s) as of the date of publication and are subject to change. No endorsem*nt of any third parties or their advice, opinions, information, products or services is expressly given or implied by RBC Direct Investing Inc. or its affiliates. You should consult with your advisor before taking any action based upon the information contained in this document.

Furthermore, the products, services and securities referred to in this publication are only available in Canada and other jurisdictions where they may be legally offered for sale. Information available on the RBC Direct Investing website is intended for access by residents of Canada only, and should not be accessed from any jurisdiction outside Canada.

What is a W-8BEN Form and Why Does It Matter? (2024)

FAQs

What is a W-8BEN Form and Why Does It Matter? ›

What is the W-8BEN and what is its purpose? The W-8BEN is an Internal Revenue Service (IRS) mandated form to collect correct Nonresident Alien (NRA) taxpayer information for individuals for reporting purposes and to document their status for tax reporting purposes.

Who needs to fill out a w8ben form? ›

Give Form W-8 BEN to the withholding agent or payer if you are a foreign person and you are the beneficial owner of an amount subject to withholding. Submit Form W-8 BEN when requested by the withholding agent or payer whether or not you are claiming a reduced rate of, or exemption from, withholding.

Why did I receive a w8ben form from my bank? ›

An IRS Form W-8BEN form is a Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting purposes. By completing a Form W-8BEN, you confirm to us that you are not a U.S. Taxpayer and you will avoid having taxes withheld from your interest payments.

What are the benefits of the w8ben treaty? ›

The W-8BEN form lets you benefit from the US Internal Revenue Service (IRS) treaty rate with the UK. This lowers the withholding tax for qualifying dividends and interest from US shares from 30% to 15%.

Who is the beneficial owner of a w8ben? ›

Who is a beneficial owner? The beneficial owner of income is generally the person who is required (under U.S. tax principles) to include the payment in gross income on a tax return. Forms other than Substitute Form W-9 and Substitute Form W-8BEN may be obtained from your tax advisors or www.irs.gov.

What is a W8 Ben-E form used for? ›

Form W-8 BEN-E is used by foreign entities to document their status for purposes of chapter 3 and chapter 4, as well as other code provisions.

How long is a w8ben form good for? ›

Generally, a Form W-8BEN-E will remain valid for purposes of both chapters 3 and 4 for a period starting on the date the form is signed and ending on the last day of the third succeeding calendar year, unless a change in circ*mstances makes any information on the form incorrect.

What if I don't file w-8BEN? ›

Failure to provide a Form W-8BEN when requested may lead to withholding at the foreign-person withholding rate of 30% or the backup withholding rate under section 3406.

How does the IRS know if you have a foreign bank account? ›

Through FATCA, the IRS receives account numbers, balances, names, addresses, and identification numbers of account holders. Americans with foreign accounts must also submit Form 8938 to the IRS in addition to the largely redundant FBAR form.

What is the difference between w8ben and w8ben? ›

However, the key difference between the two is that W-8BEN applies to income from individuals or single owner entities like independent contractors and sole proprietors and the W-8BEN-E is for income from entities. In other words, W-8BEN is only for individuals, while entities are required to fill out W-8BEN-E.

Who is exempt from U.S. withholding tax? ›

Students, trainees, teachers, and researchers. Alien students, trainees, teachers, and researchers who perform dependent personal services (as employees) can also use Form 8233 to claim exemption from withholding of tax on compensation for services that is exempt from U.S. tax under a U.S. tax treaty.

Do you file 1099 for a w8ben? ›

Foreign persons who provide Form W-8BEN, Form W-8BEN-E, Form W-8ECI, or Form W-8EXP or applicable documentary evidence are exempt from backup withholding and Form 1099 reporting.

What are the 2 main purposes of a tax treaty? ›

The stated goals for entering into a treaty often include reduction of double taxation, eliminating tax evasion, and encouraging cross-border trade efficiency. It is generally accepted that tax treaties improve certainty for taxpayers and tax authorities in their international dealings.

Why did I receive a W-8BEN? ›

What is the W-8BEN and what is its purpose? The W-8BEN is an Internal Revenue Service (IRS) mandated form to collect correct Nonresident Alien (NRA) taxpayer information for individuals for reporting purposes and to document their status for tax reporting purposes.

What is the withholding tax rate for W8BEN? ›

Reduced Tax Withholding With the Form W8BEN

A foreign person earning income in the US can have the 30% withholding rate reduced based on any applicable tax treaty for the foreign payee – the foreign individual who is receiving the income.

Who is considered a beneficial owner? ›

A beneficial owner is someone who owns at least part of a property or other asset, even if its legal title is owned by someone else. That person can also vote on or otherwise influence decisions regarding transactions involving that asset or property. An example is a corporate shareholder.

Who is considered a U.S. person for tax purposes? ›

A citizen born in the United States or outside with at least one parent who is a U.S. citizen. A naturalized citizen. A resident of the United States for tax purposes if they meet either the green card test or the substantial presence test for the calendar year. Any other person who is not a foreign person.

Who needs to fill out US Customs Declaration form? ›

All travelers must complete a CBP Declaration Form 6059B itemizing all purchased merchandise and agricultural products. Here are your options: Complete a paper form that may be obtained at the port of entry or on the flight or cruise.

Who is not legally required to have a foreign tin? ›

There are a few exceptions to the FTIN requirement:

A government, central bank of issue, international organization, and resident of a US territory is not required to provide an FTIN. A reasonable explanation for lack of FTIN may be acceptable in certain cases.

Who is not required to fill out a tax return? ›

Key Takeaways. If you earn less than the standard deduction for your filing status, you likely don't need to file a tax return. Even if you don't meet the filing threshold, you may still have to file taxes if you have other types of income.

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