If a foreign contractor/vendor (payee) claims that payments are made for income that is effectively connected with a US trade or business, you are required to obtain from him a Form 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, which effectively exempts him from tax withholding as he is to file his own US tax return. In this case, you are not responsible for withholding US tax from your payments to this foreign contractor/vendor. You need Form W-8ECI in order to…
How to Avoid Tax Traps When Paying Foreign Vendors Part 2: Form W-8BEN Overview
Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding, is requested from a foreign payee by a U.S. payer to:Establish the payee’s foreign status; Claim that such person is the beneficial owner of the income for which the form is being furnished, and; If applicable, claim a reduced rate of, or exemption from withholding under an income tax treaty. This form is used for the following types of payments:
Interest; Dividends; Rents; Royalties; Premiums; Annuities; Compensation for, or in expectation of, services performed (but not for independent personal services performed in the US – use Form 8233 instead); Other fixed or determinable annual or periodical gains (also referred to as FDAP). It is one of the most…