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

ICR 201312-1545-016

OMB: 1545-1621

Federal Form Document

ICR Details
1545-1621 201312-1545-016
Historical Active 201009-1545-057
TREAS/IRS MB
W-8 BEN, W-8BEN-E, W-8EIC, W-8EXP, W-8IMY, W-8 MOU Program
Revision of a currently approved collection   No
Regular
Approved without change 11/07/2014
Retrieve Notice of Action (NOA) 01/31/2014
  Inventory as of this Action Requested Previously Approved
11/30/2017 36 Months From Approved 11/30/2014
3,180,640 0 3,180,640
25,003,304 0 43,280,135
0 0 0

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).

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

Not associated with rulemaking

  78 FR 63570 10/24/2013
79 FR 5023 01/30/2014
No

5
IC Title Form No. Form Name
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-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-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
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-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

  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
Yes
Changing Regulations
Yes
Changing Forms
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.

$3,187
No
No
No
No
No
Uncollected
Vikki Vrooman 202 927-9868

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
01/31/2014


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