The W-8BEN form is not applicable to every situation. In fact, it’s one of those tax forms that only comes into play under very specific circumstances. But if you’re a Canadian resident or non-resident who receives income from an American source and you meet the criteria outlined below, you must complete this document before the end of the tax year (that is, by December 31st). Failure to do so could result in an error called ‘backup withholding’ being placed on your payments. 

What is W-8BEN and Where Does It Come From?

The W-8BEN form was first introduced in 1996, and it was designed to allow taxpayers to certify their non-U.S. status and to claim a reduced rate of taxation on their U.S.-source income. Normally, when you earn income from a non-U.S. source, you’re only taxed at the rate of your home country. However, if you’re also receiving income from a U.S.-based source, your tax situation becomes more complicated. This is because the IRS is obligated to ensure that all taxpayers pay their fair share of U.S. taxes. The W-8BEN form was designed to help the IRS manage this situation by providing taxpayers with an estimate of their ‘average’ U.S. federal tax liability. This number is then used to determine how much ‘backup withholding’ (or U.S. tax) should be deducted from your U.S.-source income. The W-8BEN is only available in printed form, meaning that taxpayers have to fill it out by hand and then mail it to the IRS.

Why Do I Need to Fill Out a W-8BEN Form in Canada?

As we mentioned above, a W-8BEN is used to determine your average U.S. federal tax liability. In most cases, this means the IRS will apply a flat 25% rate to your U.S.-source income. In some cases, taxpayers might even be subject to the higher rate of taxation without the W-8BEN form As we saw in the example above, the W-8BEN is used to determine your average U.S. federal tax liability. This average is then used to determine the correct rate of taxation for your U.S.-source income. The correct rate of taxation is then applied to your U.S.-source income to work out your total U.S. federal tax due.

Non-residents who earn a certain amount of U.S.-source income will be subject to a higher rate of taxation. The amount of income that triggers the higher rate of taxation varies depending on your specific situation. As a general rule, the higher rate will kick in when you earn more than 82.5% of your average annual income from U.S.-source income.

When You Don’t Need to Filing a W-8BEN Form in Canada

If you earn less than the threshold outlined above – and you’re not engaged in a profession or trade that’s considered ‘Highly-Sensitive’ under U.S. law – then you don’t need to fill out the W-8BEN-e form. If all of the above criteria are met and you don’t need to fill out a W-8BEN-e form, you should use a W-8BEN certification.

How to Fill Out the W-8BEN-e Form in Canada

Let’s break down the details of the W-8BEN-e form and take a closer look at the information you’ll need to provide when filling it out. The first thing you’ll need to do is check the ‘box’ in section 1 to indicate that you’re filling out the W-8BEN-e form. This should be followed by a declaration to confirm that the information you provide on the form is accurate and complete to the best of your knowledge. Next, you’ll need to identify the source(s) of your U.S.-source income. This includes income from employment, pensions, annuities, real estate rentals, royalties, and interest. You’ll then need to identify the average percentage of U.S.-source income relative to your total annual income. You’ll use this percentage to determine the correct rate of taxation for your U.S.-source income. Finally, you’ll need to sign the form and indicate the period of time to which the form relates. You can do this by selecting the ‘start date’ and the ‘end date’ from the drop-down menus provided.

 Capex CPA has qualified and experienced business consultants to help you with your W-8BEN Filing. Contact us today click on this link —> https://capexcpa.com/contact

-The Capex CPA Team