[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63570-63571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24964]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Proposed Collection; Comment Request for Forms W-8BEN, W-8BEN-E, 
W-8ECI, W-8EXP, and W-8IMY

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The Department of the Treasury, as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to take this opportunity to comment 
on proposed and/or continuing information collections, as required by 
the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 
3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning 
Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for 
United States Tax Withholding, Form W-8BEN-E, Certificate of Status of 
Beneficial Owner for United States Tax Withholding, Form W-8ECI, 
Certificate of Foreign Person's Claim for Exemption From Withholding on 
Income Effectively Connected With the Conduct of a Trade or Business in 
the United States, Form W-8EXP, Certificate of Foreign Government or 
Other Foreign Organization for United States Tax Withholding, Form W-
8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, 
or Certain U.S. Branches for United States Tax Withholding, and the EW-
8 MOU Program.

DATES: Written comments should be received on or before December 23, 
2013 to be assured of consideration.

ADDRESSES: Direct all written comments to Yvette Lawrence, Internal 
Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, 
DC 20224.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the form and instructions should be directed to Martha 
Brinson, at Internal Revenue Service, Room 6129, 1111 Constitution 
Avenue NW., Washington, DC 20224, or at (202) 622-3869, or through the 
Internet at [email protected].

SUPPLEMENTARY INFORMATION:
    Title: Form W-8BEN, Certificate of Foreign Status of Beneficial 
Owner for United States Tax Withholding, W-8BEN-E, Certificate of 
Status of Beneficial Owner for United States Tax Withholding, Form W-
8ECI, Certificate of Foreign Person's Claim for Exemption From 
Withholding on Income Effectively Connected With the Conduct of a Trade 
or Business in the United States, Form W-8EXP, Certificate of Foreign 
Government or Other Foreign Organization for United States Tax 
Withholding, and Form W-8IMY, Certificate of Foreign Intermediary, 
Foreign Flow-Through Entity, or Certain U.S. Branches for United States 
Tax Withholding.
    OMB Number: 1545-1621.
    Form Number: W-8BEN, W-8BEN-E, W-8ECI, W-8EXP, and W-8IMY.
    Abstract: Form W-8BEN is used for certain types of income to 
establish that the person is a foreign person, is the beneficial owner 
of the income for which Form W-8BEN is being provided and, if 
applicable, to claim a reduced rate of, or exemption from, withholding 
as a resident of a foreign country with which the United States has an 
income tax treaty. Form W-8ECI is used to establish that the person is 
a foreign person and the beneficial owner of the income for which Form 
W-8ECI is being provided, and to claim that the income is effectively 
connected with the conduct of a trade or business within the United 
States. Form W-8EXP is used by a foreign government, international 
organization, foreign central bank of issue, foreign tax-exempt 
organization, or foreign private foundation. The form is used by such 
persons to establish foreign status, to claim that the person is the 
beneficial owner of the income for which Form W-8EXP is given and, if 
applicable, to claim a reduced rate of, or exemption from, withholding. 
Form W-8IMY is provided to a withholding agent or payer by a foreign 
intermediary, foreign partnership, and certain U.S. branches to make 
representations regarding the status of beneficial owners or to 
transmit appropriate documentation to the withholding agent. Reg. Sec.  
1.1441-

[[Page 63571]]

1(e)(4)(iv) provides that a withholding agent may establish a system 
for a beneficial owner to electronically furnish a Form W-8 or an 
acceptable substitute Form W-8. Withholding agents with systems that 
electronically collect Forms W-8 may voluntarily choose to participate 
in the IRS EW-8 MOU Program. The EW-8 MOU Program is a collaborative 
process between the withholding agents and IRS.
    Current Actions: On March 18, 2010, the Hiring Incentives to 
Restore Employment Act of 2010, Public Law 111-147 (H.R. 2847) (the 
Act) was enacted into law. Section 501(a) of the Act added chapter 4 
(sections 1471-1474) to Subtitle A of the Code. Section 1471(a) 
generally requires a withholding agent to deduct and withhold a tax 
equal to 30 percent on any withholdable payment made to an FFI, unless 
the FFI has an agreement requiring such FFI to satisfy the obligations 
specified in section 1471(b). On January 28, 2013, the Treasury 
Department and IRS issued final regulations under chapter 4 (sections 
1471-1474) in T.D. 9610 (78 FR 5874). The general requirements of an 
FFI Agreement are described in Sec.  1.1471-4 and provided the 
substantive requirements applicable to a participating FFI under the 
FFI agreement. Various changes were made to the forms covered under 
this approval number to comply with the withholding, due diligence, 
reporting requirements of U.S. accounts (defined in Sec.  1.1471-
1(b)(125)), and expanded affiliate group requirements of a 
participating FFI are described in Sec.  1.1471-4(a) through (e).
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals, business or other for-profit 
organizations, and not-for-profit institutions.

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                                                                Number            Time per        Total annual
                                                              respondents     respondent/hours    burden hours
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Form W-8BEN..............................................         3,000,000               7.18        21,540,000
Form W-8BEN-E............................................           100,000              25.23         2,523,000
Form W-8ECI..............................................           180,000               9.13         1,643,400
Form W-8EXP..............................................               240              20.05             4,812
Form W-8IMY..............................................               400              25.23            10,092
E-W8 MOU Program.........................................                 1               1                    1
                                                          ------------------------------------------------------
    Total................................................         3,280,641  .................        25,721,305
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    The following paragraph applies to all of the collections of 
information covered by this notice:
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid OMB control number. Books or records 
relating to a collection of information must be retained as long as 
their contents may become material in the administration of any 
internal revenue law. Generally, tax returns and tax return information 
are confidential, as required by 26 U.S.C. 6103.
    Request for Comments: Comments submitted in response to this notice 
will be summarized and/or included in the request for OMB approval. All 
comments will become a matter of public record. Comments are invited 
on: (a) Whether the collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information shall have practical utility; (b) the accuracy of the 
agency's estimate of the burden of the collection of information; (c) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology; and (e) 
estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Approved: October 7, 2013.
Yvette Lawrence,
IRS, Reports Clearance Officer.
[FR Doc. 2013-24964 Filed 10-23-13; 8:45 am]
BILLING CODE 4830-01-P