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.

What happens if I don't fill out W8BEN? ›

Provide Form W-8BEN to the withholding agent or payer before income is paid or credited to you. 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.

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.

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.

Who needs to file W8BEN? ›

Foreign individuals with income effectively connected with a US trade or business need to file this form. “Effectively connected income” can include certain rents and royalties, or income from a partnership that conducts a US trade or business.

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%.

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.

Do nonresident aliens have to report foreign income? ›

Generally foreign source income received by a nonresident alien is not subject to U.S. taxation. Refer to Source of Income for more information.

Do you send a 1099 to a W-8BEN? ›

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.

How to complete w-8BEN? ›

How Do I Fill Out Form W-8BEN?
  1. Part I – Identification of Beneficial Owner:
  2. Line 1: Enter your name as the beneficial owner. ...
  3. Line 2: Enter your country of citizenship. ...
  4. Line 3: Enter your permanent residence/mailing address. ...
  5. Line 4: Enter your mailing address, if different.

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.

What is the difference between a w9 and a W8BEN? ›

W-9 An entity or individual that is a resident in the US for tax purposes. W-8BEN An individual who is not a tax resident in the US and is the beneficial owner of income. Not relevant for entities. W-8BEN-E An entity that is not a resident within the US for tax purposes and is the beneficial owner of income.

Can the IRS see my foreign bank account? ›

The Foreign Account Tax Compliance Act (FATCA) requires foreign banks to report account numbers, balances, names, addresses, and identification numbers of account holders to the IRS.

Is W-8BEN safe? ›

The Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding PDF is a legitimate U.S. tax exemption document.

Can US seize foreign bank accounts? ›

If the Internal Revenue Service (IRS) believes you are knowingly or willfully failing to report your foreign accounts, the IRS has many options in order to collect the fines and penalties they can levy against you.

What is the W-8BEN 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.

Do Canadian companies need to fill out a W8 form? ›

You must ensure you complete the correct form for this. As a Canadian Controlled Private Corporation (CCPS) complete Form W-8 BEN-E. The W-8 BEN (without the E) is for individuals. If you get the form for individuals for your corporation, you will need to ask them for the company form.

What is considered as a U.S. person? ›

United States person means United States citizens (including minor children); United States residents; entities, including but not limited to, corporations, partnerships, or limited liability companies created or organized in the United States or under the laws of the United States; and trusts or estates formed under ...

What is the difference between a w9 and a w8ben? ›

W-9 An entity or individual that is a resident in the US for tax purposes. W-8BEN An individual who is not a tax resident in the US and is the beneficial owner of income. Not relevant for entities. W-8BEN-E An entity that is not a resident within the US for tax purposes and is the beneficial owner of income.

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