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must state the title of the person signing on behalf of the

You are neither engaged, nor plan to be engaged

corporation.

during the year, in a U.S. trade or business that has

•

A partnership, a general partner or member manager

effectively connected gains from transactions with a

must sign and date the form. If the form is filed on behalf

broker or barter exchange.

of a partnership by a receiver, trustee, or assignee, the

Paperwork Reduction Act Notice. We ask for the

fiduciary must sign instead of a general partner or

information on this form to carry out the Internal Revenue

member manager. Forms signed by a receiver or trustee

laws of the United States. You are required to provide the

in bankruptcy on behalf of a partnership must be

information. We need it to ensure that you are complying

accompanied by a copy of the order or instructions of the

with these laws and to allow us to figure and collect the

court authorizing signing of the form. The capacity line

right amount of tax.

must state the title of the person signing on behalf of the

You are not required to provide the information

partnership.

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requested on a form that is subject to the Paperwork

An estate or trust, a fiduciary must sign and date the

Reduction Act unless the form displays a valid OMB

form. The capacity line must state the fiduciary’s title

control number. Books or records relating to a form or its

(such as trustee, administrator, or executor).

instructions must be retained as long as their contents

If Form W-8BEN is completed by an agent acting

may become material in the administration of any Internal

under a duly authorized power of attorney, the form must

Revenue law. Generally, tax returns and return

be accompanied by the power of attorney in proper form

information are confidential, as required by section 6103.

or a copy thereof specifically authorizing the agent to

The time needed to complete and file this form will

represent the principal in making, executing, and

vary depending on individual circumstances. The

presenting the form. Form 2848, Power of Attorney and

estimated average time is: Recordkeeping, 5 hr.,

Declaration of Representative, may be used for this

58 min.; Learning about the law or the form, 3 hr.,

purpose. The agent, as well as the beneficial owner, may

46 min.; Preparing and sending the form to IRS, 4 hr.,

incur liability for the penalties provided by an erroneous,

2 min.

false, or fraudulent form. You may authorize an agent to

sign Form W-8BEN only in the case of disease or injury

If you have comments concerning the accuracy of

or if the IRS has granted permission to you to do so for

these time estimates or suggestions for making this form

other good cause.

simpler, we would be happy to hear from you. You can

Broker transactions or barter exchanges. Income

email us at *taxforms@irs.gov. Please put “Forms

from transactions with a broker or a barter exchange is

Comment” on the subject line. Or you can write to

subject to reporting rules and backup withholding unless

Internal Revenue Service, Tax Products Coordinating

Form W-8BEN or a substitute form is filed to notify the

Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution

Ave. NW, IR-6406, Washington, DC 20224. Do not send

broker or barter exchange that you are an exempt foreign

Form W-8BEN to this office. Instead, give it to your

person.

withholding agent.

You are an exempt foreign person for a calendar year

in which:

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You are a nonresident alien individual or a foreign

corporation, partnership, estate, or trust;

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You are an individual who has not been, and does not

plan to be, present in the United States for a total of 183

days or more during the calendar year; and

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Instructions For Form W-8ben Draft - Certificate Of Foreign Status Of Beneficial Owner For United States Tax Withholding - 2008 Page 8

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