[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Notices]
[Pages 10001-10002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03133]


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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 Internal Revenue Service (IRS), 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 information collections, as required by the Paperwork Reduction Act 
of 1995. The IRS is soliciting comments concerning Form W-8BEN, 
Certificate of Foreign Status of Beneficial Owner for United States Tax 
Withholding and Reporting (Individual), Form W-8BEN-E, Certificate of 
Status of Beneficial Owner for United States Tax Withholding and 
Reporting (Entities), 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, Form W-8EXP, Certificate of Foreign 
Government or Other Foreign Organization for United States Tax 
Withholding and Reporting, Form W-8IMY, Certificate of Foreign 
Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for 
United States Tax Withholding and Reporting, and the EW-8 MOU Program.

DATES: Written comments should be received on or before April 19, 2021 
to be assured of consideration.

ADDRESSES: Direct all written comments to Kinna Brewington, Internal 
Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 
20224.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the forms and instructions should be directed to Martha R. 
Brinson, at (202) 317-5753, or at Internal Revenue Service, Room 6526, 
1111 Constitution Avenue NW, Washington, DC 20224, 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 and Reporting (Individual), 
Form W-8BEN-E, Certificate of Status of Beneficial Owner for United 
States Tax Withholding and Reporting Entities), 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, Form W-8EXP, 
Certificate of Foreign Government or Other Foreign Organization for 
United States Tax Withholding and Reporting, Form W-8IMY, Certificate 
of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. 
Branches for United States Tax Withholding and Reporting.
    OMB Number: 1545-1621.
    Form Numbers: 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.  
1.1441-1(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: There are no changes being made to the forms at 
this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals, business or other for-profit 
organizations, and not-for-profit institutions.

[[Page 10002]]



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                                                                                     Time per
                                                                      Number        respondent     Total annual
                                                                    respondents       (hrs.)       burden hours
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Form W-8BEN.....................................................       2,970,000            7.18      21,324,600
Form W-8BEN-E...................................................         170,000           26.45       4,496,500
Form W-8ECI.....................................................         180,000            9.13       1,643,400
Form W-8EXP.....................................................             240           20.53           4,928
Form W-8IMY.....................................................          70,400           25.88       1,821,952
                                                                 -----------------------------------------------
    Total.......................................................       3,390,640  ..............      29,291,380
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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. 
Comments will be 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 has 
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 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: January 29, 2021.
Martha R. Brinson,
Tax Analyst.
[FR Doc. 2021-03133 Filed 2-16-21; 8:45 am]
BILLING CODE 4830-01-P