W-8 BEN, W-8BEN-E, W-8EIC, W-8EXP, W-8IMY, W-8 MOU Program

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form W-8-BEN-E W-8-BEN-E - Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities)	Form	New	Available
Form W-8IMY W-8IMY - Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding	Form	Modified	Available
Form W-8ECI W-8ECI - Certificate of Foreign Person’s Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States	Form	Modified	Available
Form W-8BEN W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding	Form	Modified	Available
ombat1.doc	Supplementary Document	Uploaded 2013-12-17	Repair queued
1545-1621 Supporting Statement 30JAN2014.doc	Supporting Statement A	Uploaded 2014-01-30	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
209680	W-8-BEN-E - Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities)	Form	New
194664	W-8IMY - Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding	Form	Modified
194663	W-8EXP - Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding	Other-Draft W-8EXP	Modified
194660	W-8ECI - Certificate of Foreign Person’s Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States	Form	Modified
18937	W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding	Form	Modified

ICR Details

OMB Control No: 1545-1621	ICR Reference No: 201312-1545-016
Status: Historical Active	Previous ICR Reference No: 201009-1545-057
Agency/Subagency: TREAS/IRS	Agency Tracking No: MB
Title: W-8 BEN, W-8BEN-E, W-8EIC, W-8EXP, W-8IMY, W-8 MOU Program
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/07/2014
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/31/2014
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2017	36 Months From Approved	11/30/2014
Responses	3,180,640	0	3,180,640
Time Burden (Hours)	25,003,304	0	43,280,135
Cost Burden (Dollars)	0	0	0

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Abstract: The IRS uses these forms to determine from the information submitted whether the applicant plan qualifies under section 401(a) of the Internal Revenue Code for plan approval. The application is also used to determine if the related trust qualifies for tax exempt status under Code section 501(a).

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Authorizing Statute(s): US Code: 26 USC 414 Name of Law: Definitions and special rules
   US Code: 26 USC 401 Name of Law: Qualified pension, profit-sharing, and stock bonus plans
   US Code: 26 USC 501 Name of Law: Exemption from tax on corporations, certain trusts, etc.
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 147 Part 4 Name of Law: Hiring Incentives to Restore Employment Act (HIRE act)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 63570	10/24/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 5023	01/30/2014
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

table that charts list of burden

IC Title	Form No.	Form Name
W-8-BEN-E - Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities)	W-8-BEN-E	Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities)
W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding	W-8BEN, W-8BEN	Draft Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding ,   Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding
W-8ECI - Certificate of Foreign Person’s Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States	W-8ECI, W-8ECI	Certificate of Foreign Person¿s Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States ,   (Currently Approved)Certificate of Foreign Person?s Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States
W-8EXP - Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding	W-8EXP	Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting
W-8IMY - Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding	W-8IMY , W-8 IMY	Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding ,   Certificate of Foreign Intermediary, Foreign Flow-Through entitiy, or Certain U.S. Branches for United States Tax Withholding

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,180,640	3,180,640	0	0	0	0
Annual Time Burden (Hours)	25,003,304	43,280,135	-18,025,000	-251,831	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Forms

Short Statement: In 2010, Congress passed the Hiring Incentives to Restore Employment Act of 2010, Pub. L. 111-147 (the HIRE Act), which added chapter 4 of Subtitle A (chapter 4) to the Code, consisting of sections 1471 through 1474 of the Code and commonly referred to as "FATCA" or "chapter 4." Under chapter 4, participating foreign financial institutions (FFIs) and certain registered-deemed compliant FFIs are generally required to identify their U.S. account holders, regardless of whether a payment subject to withholding is made to the account. In January 2013, final regulations were published that provide due diligence, withholding, and reporting rules for both U.S. withholding agents and FFIs under chapter 4. Form W-8BEN, along with Form W-8ECI, W-8EXP, and W-8IMY, have been updated to reflect the documentation requirements of chapter 4. In particular, Form W-8BEN is now used exclusively by individuals. Entities documenting their foreign status, chapter 4 status, or making a claim of treaty benefits (if applicable) should use Form W-8BEN-E. The overall affect on burden will result in no change in response and an estimated decrease of 18,276,831 burden hours per year.

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Annual Cost to Federal Government: $3,187

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/31/2014

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