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)
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.