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

ICR 202011-1545-014

OMB: 1545-1621

Federal Form Document

ICR Details
1545-1621 202011-1545-014
Active 201708-1545-002
W-8 BEN, W-8BEN-E, W-8EIC, W-8EXP, W-8IMY, W-8 MOU Program
Revision of a currently approved collection   No
Approved without change 11/30/2020
Retrieve Notice of Action (NOA) 11/30/2020
This preapproval is granted through 04/30/2021. Treasury/IRS must submit an ICR extension for this OMB control number by 04/30/2021. OMB understands that the IRS is currently in the process of revising the methodology it uses to estimate burden and costs. OMB expects that future ICRs under this OMB control number will include dollar estimates of annual burden costs to taxpayers calculated using this revised methodology.
  Inventory as of this Action Requested Previously Approved
11/30/2021 36 Months From Approved 04/30/2021
3,390,640 0 3,180,640
29,291,380 0 25,125,680
0 0 0

Regulations under Section 1441, 1442, and 1443 of the Internal Revenue Code have changed the manner in which foreign persons (individuals, businesses and other for-profit organizations, foreign governments, international organizations, partnerships, and tax-exempt organizations) must submit certifications to a withholding agent for reduction of, or exemption from, U.S. tax withholding.

US Code: 26 USC 1441 Name of Law: Withholding of tax on nonresident aliens.
   US Code: 26 USC 1442 Name of Law: Withholding of tax on foreign corporations.
   US Code: 26 USC 1443 Name of Law: Foreign tax-exempt organizations.
US Code: 26 USC 1446(f) Name of Law: Special rules for withholding on dispositions of partnership interests

1545-BO60 Final or interim final rulemaking 85 FR 76910 11/30/2020


  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 3,390,640 3,180,640 210,000 0 0 0
Annual Time Burden (Hours) 29,291,380 25,125,680 4,165,700 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
REG-105476-18 (84 FR 21198), proposes regulations implementing certain sections of the Internal Revenue Code, including sections added to the Internal Revenue Code by the Tax Cuts and Jobs Act, that relate to the withholding of tax and information reporting with respect to certain dispositions of interests in partnerships engaged in the conduct of a trade or business within the United States. Data for Forms W–8BEN, W–8BEN–E, and W–8IMY represent preliminary estimates of the total number of interests in partnerships, other than publicly traded partnership interests, engaged in the conduct of a trade or business in the United States that will be transferred by foreign persons. This will increase the Form W-8BEN estimated returns by 70,000 and the estimated annual burden by 502,600 hours. The Form W-8BEN-E estimated returns will also by 70,000 and the estimated annual burden by 1,851,500 hours. For the Form W-8IMY the increase in burden will be 70,000 responses and an estimated burden increase of 1,811,600 hours. Forms will be updated in the next revision cycle.

Carmen García-Salgado 202 317-5762


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.

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