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 circumstances 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.

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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 endorsement 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? ›

Form W-8BEN is primarily used to claim beneficial tax treaty benefits or establish eligibility for exemption from U.S. withholding tax on certain types of income sourced in the U.S. Foreign individuals working for a U.S. business and receiving U.S. income are subject to a 30% tax withholding rate.

What is a W-8BEN form and why does it matter? ›

Form W-8BEN is required to be filed with withholding agents, payers, and FFIs by non-resident alien individuals who may be subject to withholding of U.S. taxes at a 30% tax rate on payment amounts received from U.S. sources, regardless of their ability to claim a withholding exemption.

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

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 needs to complete a W-8BEN-E form? ›

Who Must Provide Form W-8BEN-E. You must give Form W-8BEN-E to the withholding agent or payer if you are a foreign entity receiving a withholdable payment from a withholding agent, receiving a payment subject to chapter 3 withholding, or if you are an entity maintaining an account with an FFI requesting this form.

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.

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%.

Who uses a w8ben? ›

A completed and signed W-8BEN is required for all tax reportable transactions made to a Nonresident Alien (NRA) of the United States. This includes all payment mechanisms used at the UW. The W-8BEN is the equivalent of the W-9 for used for U.S. Persons.

Do nonresident aliens have to report foreign income? ›

Foreign tax redetermination

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

How often do I need to complete a W8BEN? ›

The form is valid 3 years, expiring on the last day (31st December) of the third calendar year. For residents of countries that have a tax treaty with the US, the completion pf the form may remove or reduce withholding tax.

Do foreigners have to file US tax returns? ›

You must file Form 1040-NR, U.S. Nonresident Alien Income Tax Return only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars for more information.

How long is W-8BEN valid for? ›

All W-8 forms are valid for the year in which they are signed and for three full calendar years after that.

What is a beneficial owner on 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.

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.

Can U.S. 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.

Do US banks report to IRS? ›

Depositing a big amount of cash that is $10,000 or more means your bank or credit union will report it to the federal government. The $10,000 threshold was created as part of the Bank Secrecy Act, passed by Congress in 1970, and adjusted with the Patriot Act in 2002.

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

Form W-8BEN is applicable only for individuals or sole proprietors. If you are a corporation, partnership, or another business entity, you'll use Form W-8BEN-E. This form is much longer due to information required by the Foreign Account Tax Compliance Act (FATCA) for foreign entities.

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.

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