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Filling in W-8BEN for a UK Ltd Company

Personal Finance & Money Asked on June 26, 2021

I’ve recently started a UK Limited Company and I’m trying to fill out W-8BEN (Link here) so I can receive payments for showing ads provided by Facebook, but the terminology is totally foreign to me. I can do Part I, that’s easy enough.

Part II

I assume I need to tick 9a and 9b. Even with reading the instructions, I have no idea what c and d are about, and I assume I don’t tick e.

9c – The beneficial owner is not an individual, 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 (see instructions).

9d – The beneficial owner is not an individual, is claiming treaty benefits
for dividends received from a foreign corporation or interest from a
U.S. trade or business of a foreign corporation, and meets qualified
resident status (see instructions).

I also have absolutely no idea what I need to fill in for line 10. It sounds like I need knowledge of the tax treaty itself.

10 – Special rates and conditions (if applicable—see instructions): The
beneficial owner is claiming the provisions of Article
……………. of the treaty identified on line 9a above to claim a
……………. % rate of withholding on (specify type of income):
……………. . Explain the reasons the beneficial owner meets the
terms of the treaty article: …………………………..

Part III

I don’t really understand this either. What do I need to do here?

I have provided or will provide a statement that identifies those
notional principal contracts from which the income is not effectively
connected with the conduct of a trade or business in the United
States. I agree to update this statement as required.

If someone could please explain to me in layman’s terms what all this means and what I need to fill in that would be appreciated.

One Answer

As answered in the comments earlier, the W-8BEN-E form is a variant for companies. The exact answer which one to do depends on what sort of a company you have, but if you're not doing anything complex, just being a vendor who is paid by a business in the US, then W-8BEN-E should be the right one. Either way, the heading of each of those IRS forms contains a list of "If you are X..." with the name of the other form to use instead listed on the right-hand side.

The main thing to understand is who these forms are after - AFAICT they're meant to prevent American taxpayers from moving money into overseas tax shelters. The American payer is faced with a 30% withholding tax if they send money to any sort of an entity that can hold it in their name and later just give them that money back. This is why there's so many categories of FFIs - foreign financial institutions - in the list in W-8BEN-E.

From what I was able to deduce from recent googling, a typical Ltd company that does actual business and doesn't exist merely as a vehicle to shuffle money around (invest, etc) or hold a bunch of passive income - is supposed to be filed as an "Active NFFE", an active non-financial foreign entity.

The only other possibly obscure form field that should be mentioned is the one that says foreign TIN, meaning tax identification number, which is where you can put your VAT ID number I suppose.

Disclaimer: IANAL

Answered by Josip Rodin on June 26, 2021

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