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Free Irs State Tax Forms

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Free Irs State Tax Forms

Free irs state tax forms 9. Free irs state tax forms   Obligations Not in Registered Form Tax is imposed on any person who issues a registration-required obligation not in registered form. Free irs state tax forms The tax is: 1% of the principal of the obligation, multiplied by The number of calendar years (or portions of calendar years) during the period starting on the date the obligation was issued and ending on the date it matures. Free irs state tax forms A registration-required obligation is any obligation other than one that meets any of the following conditions. Free irs state tax forms It is issued by a natural person. Free irs state tax forms It is not of a type offered to the public. Free irs state tax forms It has a maturity (at issue) of not more than 1 year. Free irs state tax forms It can only be issued to a foreign person. Free irs state tax forms For item (4), if the obligation is not in registered form, the interest on the obligation must be payable only outside the United States and its possessions. Free irs state tax forms Also, the obligation must state on its face that any U. Free irs state tax forms S. Free irs state tax forms person who holds it shall be subject to limits under the U. Free irs state tax forms S. Free irs state tax forms income tax laws. Free irs state tax forms Prev  Up  Next   Home   More Online Publications
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Tax Information for Issuers

Publication 3755 - Filing Requirements
TEB's first publication outlines the filing requirements for issuers of tax-exempt bonds, including Forms 8038, 8038-G and 8038-T.

Publication 4079 - Tax-Exempt Governmental Bonds Compliance Guide
This publication provides an overview for state and local governments of the key rules under the federal tax law that generally apply to municipal financing arrangements commonly known as governmental bonds.

Publication 4078 - Tax Exempt Private Activity Bonds Compliance Guide
This publication provides an overview for state and local government issuers and borrowers of bond proceeds of the general post-issuance rules under federal tax law that apply to municipal financing arrangements known as qualified private activity bonds.

Publication 4077 - Tax Exempt Bonds for 501(c)(3) Charitable Organizations
This publication provides an overview for state and local government issuers and 501(c)(3) tax exempt charitable organizations of the general post-issuance rules under the federal tax law that generally apply to municipal and financing arrangements commonly known as 501(c)(3) bonds.

Page Last Reviewed or Updated: 22-Apr-2013

The Free Irs State Tax Forms

Free irs state tax forms Publication 515 - Main Content Table of Contents Withholding of TaxWithholding Agent Withholding and Reporting Obligations Persons Subject to NRA WithholdingIdentifying the Payee Foreign Persons DocumentationBeneficial Owners Foreign Intermediaries and Foreign Flow-Through Entities Standards of Knowledge Presumption Rules Income Subject to NRA WithholdingSource of Income Fixed or Determinable Annual or Periodical Income (FDAP) Withholding on Specific IncomeEffectively Connected Income Income Not Effectively Connected Pay for Personal Services Performed Artists and Athletes (Income Codes 42 and 43) Other Income Foreign Governments and Certain Other Foreign Organizations U. Free irs state tax forms S. Free irs state tax forms Taxpayer Identification NumbersUnexpected payment. Free irs state tax forms Depositing Withheld TaxesWhen Deposits Are Required Adjustment for Overwithholding Returns RequiredJoint owners. Free irs state tax forms Electronic reporting. Free irs state tax forms Partnership Withholding on Effectively Connected IncomeWho Must Withhold Foreign Partner Publicly Traded Partnerships U. Free irs state tax forms S. Free irs state tax forms Real Property InterestForeign corporations. Free irs state tax forms Domestic corporations. Free irs state tax forms U. Free irs state tax forms S. Free irs state tax forms real property holding corporations. Free irs state tax forms Partnerships. Free irs state tax forms Trusts and estates. Free irs state tax forms Domestically controlled QIE. Free irs state tax forms Late filing of certifications or notices. Free irs state tax forms Certifications. Free irs state tax forms Liability of agent or qualified substitute. Free irs state tax forms Reporting and Paying the Tax Withholding Certificates Tax Treaty TablesTable 1 Table 2 Table 3 How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). Free irs state tax forms Withholding of Tax In most cases, a foreign person is subject to U. Free irs state tax forms S. Free irs state tax forms tax on its U. Free irs state tax forms S. Free irs state tax forms source income. Free irs state tax forms Most types of U. Free irs state tax forms S. Free irs state tax forms source income received by a foreign person are subject to U. Free irs state tax forms S. Free irs state tax forms tax of 30%. Free irs state tax forms A reduced rate, including exemption, may apply if there is a tax treaty between the foreign person's country of residence and the United States. Free irs state tax forms The tax is generally withheld (NRA withholding) from the payment made to the foreign person. Free irs state tax forms The term “NRA withholding” is used in this publication descriptively to refer to withholding required under sections 1441, 1442, and 1443 of the Internal Revenue Code. Free irs state tax forms In most cases, NRA withholding describes the withholding regime that requires withholding on a payment of U. Free irs state tax forms S. Free irs state tax forms source income. Free irs state tax forms Payments to foreign persons, including nonresident alien individuals, foreign entities, and governments, may be subject to NRA withholding. Free irs state tax forms NRA withholding does not include withholding under section 1445 of the Code (see U. Free irs state tax forms S. Free irs state tax forms Real Property Interest, later) or under section 1446 of the Code (see Partnership Withholding on Effectively Connected Income , later). Free irs state tax forms A withholding agent (defined next) is the person responsible for withholding on payments made to a foreign person. Free irs state tax forms However, a withholding agent that can reliably associate the payment with documentation (discussed later) from a U. Free irs state tax forms S. Free irs state tax forms person is not required to withhold. Free irs state tax forms In addition, a withholding agent may apply a reduced rate of withholding (including an exemption from withholding) if it can reliably associate the payment with documentation from a beneficial owner that is a foreign person entitled to a reduced rate of withholding. Free irs state tax forms Withholding Agent You are a withholding agent if you are a U. Free irs state tax forms S. Free irs state tax forms or foreign person that has control, receipt, custody, disposal, or payment of any item of income of a foreign person that is subject to withholding. Free irs state tax forms A withholding agent may be an individual, corporation, partnership, trust, association, nominee (under section 1446 of the Code), or any other entity, including any foreign intermediary, foreign partnership, or U. Free irs state tax forms S. Free irs state tax forms branch of certain foreign banks and insurance companies. Free irs state tax forms You may be a withholding agent even if there is no requirement to withhold from a payment or even if another person has withheld the required amount from the payment. Free irs state tax forms Although several persons may be withholding agents for a single payment, the full tax is required to be withheld only once. Free irs state tax forms In most cases, the U. Free irs state tax forms S. Free irs state tax forms person who pays an amount subject to NRA withholding is the person responsible for withholding. Free irs state tax forms However, other persons may be required to withhold. Free irs state tax forms For example, a payment made by a flow-through entity or nonqualified intermediary that knows, or has reason to know, that the full amount of NRA withholding was not done by the person from which it receives a payment is required to do the appropriate withholding since it also falls within the definition of a withholding agent. Free irs state tax forms In addition, withholding must be done by any qualified intermediary, withholding foreign partnership, or withholding foreign trust in accordance with the terms of its withholding agreement, discussed later. Free irs state tax forms Liability for tax. Free irs state tax forms   As a withholding agent, you are personally liable for any tax required to be withheld. Free irs state tax forms This liability is independent of the tax liability of the foreign person to whom the payment is made. Free irs state tax forms If you fail to withhold and the foreign payee fails to satisfy its U. Free irs state tax forms S. Free irs state tax forms tax liability, then both you and the foreign person are liable for tax, as well as interest and any applicable penalties. Free irs state tax forms   The applicable tax will be collected only once. Free irs state tax forms If the foreign person satisfies its U. Free irs state tax forms S. Free irs state tax forms tax liability, you are not liable for the tax but remain liable for any interest and penalties for failure to withhold. Free irs state tax forms Determination of amount to withhold. Free irs state tax forms   You must withhold on the gross amount subject to NRA withholding. Free irs state tax forms You cannot reduce the gross amount by any deductions. Free irs state tax forms However, see Scholarships and Fellowship Grants and Pay for Personal Services Performed , later, for when a deduction for a personal exemption may be allowed. Free irs state tax forms   If the determination of the source of the income or the amount subject to tax depends on facts that are not known at the time of payment, you must withhold an amount sufficient to ensure that at least 30% of the amount subsequently determined to be subject to withholding is withheld. Free irs state tax forms In no case, however, should you withhold more than 30% of the total amount paid. Free irs state tax forms Or, you may make a reasonable estimate of the amount from U. Free irs state tax forms S. Free irs state tax forms sources and put a corresponding part of the amount due in escrow until the amount from U. Free irs state tax forms S. Free irs state tax forms sources can be determined, at which time withholding becomes due. Free irs state tax forms When to withhold. Free irs state tax forms   Withholding is required at the time you make a payment of an amount subject to withholding. Free irs state tax forms A payment is made to a person if that person realizes income, whether or not there is an actual transfer of cash or other property. Free irs state tax forms A payment is considered made to a person if it is paid for that person's benefit. Free irs state tax forms For example, a payment made to a creditor of a person in satisfaction of that person's debt to the creditor is considered made to the person. Free irs state tax forms A payment also is considered made to a person if it is made to that person's agent. Free irs state tax forms   A U. Free irs state tax forms S. Free irs state tax forms partnership should withhold when any distributions that include amounts subject to withholding are made. Free irs state tax forms However, if a foreign partner's distributive share of income subject to withholding is not actually distributed, the U. Free irs state tax forms S. Free irs state tax forms partnership must withhold on the foreign partner's distributive share of the income on the earlier of the date that a Schedule K-1 (Form 1065) is provided or mailed to the partner or the due date for furnishing that schedule. Free irs state tax forms If the distributable amount consists of effectively connected income, see Partnership Withholding on Effectively Connected Income , later. Free irs state tax forms A U. Free irs state tax forms S. Free irs state tax forms trust is required to withhold on the amount includible in the gross income of a foreign beneficiary to the extent the trust's distributable net income consists of an amount subject to withholding. Free irs state tax forms To the extent a U. Free irs state tax forms S. Free irs state tax forms trust is required to distribute an amount subject to withholding but does not actually distribute the amount, it must withhold on the foreign beneficiary's allocable share at the time the income is required to be reported on Form 1042-S. Free irs state tax forms Withholding and Reporting Obligations You are required to report payments subject to NRA withholding on Form 1042-S and to file a tax return on Form 1042. Free irs state tax forms (See Returns Required , later. Free irs state tax forms ) An exception from reporting may apply to individuals who are not required to withhold from a payment and who do not make the payment in the course of their trade or business. Free irs state tax forms Form 1099 reporting and backup withholding. Free irs state tax forms    You also may be responsible as a payer for reporting on Form 1099 payments made to a U. Free irs state tax forms S. Free irs state tax forms person. Free irs state tax forms You must withhold 28% (backup withholding rate) from a reportable payment made to a U. Free irs state tax forms S. Free irs state tax forms person that is subject to Form 1099 reporting if any of the following apply. Free irs state tax forms The U. Free irs state tax forms S. Free irs state tax forms person has not provided its taxpayer identification number (TIN) in the manner required. Free irs state tax forms The IRS notifies you that the TIN furnished by the payee is incorrect. Free irs state tax forms There has been a notified payee underreporting. Free irs state tax forms There has been a payee certification failure. Free irs state tax forms In most cases, a TIN must be provided by a U. Free irs state tax forms S. Free irs state tax forms non-exempt recipient on Form W-9, Request for Taxpayer Identification Number and Certification. Free irs state tax forms A payer files a tax return on Form 945, Annual Return of Withheld Federal Income Tax, for backup withholding. Free irs state tax forms You may be required to file Form 1099 and, if appropriate, backup withhold, even if you do not make the payments directly to that U. Free irs state tax forms S. Free irs state tax forms person. Free irs state tax forms For example, you are required to report income paid to a foreign intermediary or flow-through entity that collects for a U. Free irs state tax forms S. Free irs state tax forms person subject to Form 1099 reporting. Free irs state tax forms See Identifying the Payee , later, for more information. Free irs state tax forms Also see Section S. Free irs state tax forms Special Rules for Reporting Payments Made Through Foreign Intermediaries and Foreign Flow-Through Entities on Form 1099 in the General Instructions for Certain Information Returns. Free irs state tax forms Foreign persons who provide Form W-8BEN, Form W-8ECI, or Form W-8EXP (or applicable documentary evidence) are exempt from backup withholding and Form 1099 reporting. Free irs state tax forms Wages paid to employees. Free irs state tax forms   If you are the employer of a nonresident alien, you generally must withhold taxes at graduated rates. Free irs state tax forms See Pay for Personal Services Performed , later. Free irs state tax forms Effectively connected income by partnerships. Free irs state tax forms   A withholding agent that is a partnership (whether U. Free irs state tax forms S. Free irs state tax forms or foreign) is also responsible for withholding on its income effectively connected with a U. Free irs state tax forms S. Free irs state tax forms trade or business that is allocable to foreign partners. Free irs state tax forms See Partnership Withholding on Effectively Connected Income , later, for more information. Free irs state tax forms U. Free irs state tax forms S. Free irs state tax forms real property interest. Free irs state tax forms   A withholding agent also may be responsible for withholding if a foreign person transfers a U. Free irs state tax forms S. Free irs state tax forms real property interest to the agent, or if it is a corporation, partnership, trust, or estate that distributes a U. Free irs state tax forms S. Free irs state tax forms real property interest to a shareholder, partner, or beneficiary that is a foreign person. Free irs state tax forms See U. Free irs state tax forms S. Free irs state tax forms Real Property Interest , later. Free irs state tax forms Persons Subject to NRA Withholding NRA withholding applies only to payments made to a payee that is a foreign person. Free irs state tax forms It does not apply to payments made to U. Free irs state tax forms S. Free irs state tax forms persons. Free irs state tax forms Usually, you determine the payee's status as a U. Free irs state tax forms S. Free irs state tax forms or foreign person based on the documentation that person provides. Free irs state tax forms See Documentation , later. Free irs state tax forms However, if you have received no documentation or you cannot reliably associate all or a part of a payment with documentation, then you must apply certain presumption rules, discussed later. Free irs state tax forms Identifying the Payee In most cases, the payee is the person to whom you make the payment, regardless of whether that person is the beneficial owner of the income. Free irs state tax forms However, there are situations in which the payee is a person other than the one to whom you actually make a payment. Free irs state tax forms U. Free irs state tax forms S. Free irs state tax forms agent of foreign person. Free irs state tax forms   If you make a payment to a U. Free irs state tax forms S. Free irs state tax forms person and you have actual knowledge that the U. Free irs state tax forms S. Free irs state tax forms person is receiving the payment as an agent of a foreign person, you must treat the payment as made to the foreign person. Free irs state tax forms However, if the U. Free irs state tax forms S. Free irs state tax forms person is a financial institution, you may treat the institution as the payee provided you have no reason to believe that the institution will not comply with its own obligation to withhold. Free irs state tax forms   If the payment is not subject to NRA withholding (for example, gross proceeds from the sales of securities), you must treat the payment as made to a U. Free irs state tax forms S. Free irs state tax forms person and not as a payment to a foreign person. Free irs state tax forms You may be required to report the payment on Form 1099 and, if applicable, backup withhold. Free irs state tax forms Disregarded entities. Free irs state tax forms   A business entity that is not a corporation and that has a single owner may be disregarded as an entity separate from its owner (a disregarded entity) for federal tax purposes. Free irs state tax forms The payee of a payment made to a disregarded entity is the owner of the entity. Free irs state tax forms   If the owner of the entity is a foreign person, you must apply NRA withholding unless you can treat the foreign owner as a beneficial owner entitled to a reduced rate of withholding. Free irs state tax forms   If the owner is a U. Free irs state tax forms S. Free irs state tax forms person, you do not apply NRA withholding. Free irs state tax forms However, you may be required to report the payment on Form 1099 and, if applicable, backup withhold. Free irs state tax forms You may assume that a foreign entity is not a disregarded entity unless you can reliably associate the payment with documentation provided by the owner or you have actual knowledge or reason to know that the foreign entity is a disregarded entity. Free irs state tax forms Flow-Through Entities The payees of payments (other than income effectively connected with a U. Free irs state tax forms S. Free irs state tax forms trade or business) made to a foreign flow-through entity are the owners or beneficiaries of the flow-through entity. Free irs state tax forms This rule applies for purposes of NRA withholding and for Form 1099 reporting and backup withholding. Free irs state tax forms Income that is, or is deemed to be, effectively connected with the conduct of a U. Free irs state tax forms S. Free irs state tax forms trade or business of a flow-through entity is treated as paid to the entity. Free irs state tax forms All of the following are flow-through entities. Free irs state tax forms A foreign partnership (other than a withholding foreign partnership). Free irs state tax forms A foreign simple or foreign grantor trust (other than a withholding foreign trust). Free irs state tax forms A fiscally transparent entity receiving income for which treaty benefits are claimed. Free irs state tax forms See Fiscally transparent entity , later. Free irs state tax forms In most cases, you treat a payee as a flow-through entity if it provides you with a Form W-8IMY (see Documentation , later) on which it claims such status. Free irs state tax forms You also may be required to treat the entity as a flow-through entity under the presumption rules, discussed later. Free irs state tax forms You must determine whether the owners or beneficiaries of a flow-through entity are U. Free irs state tax forms S. Free irs state tax forms or foreign persons, how much of the payment relates to each owner or beneficiary, and, if the owner or beneficiary is foreign, whether a reduced rate of NRA withholding applies. Free irs state tax forms You make these determinations based on the documentation and other information (contained in a withholding statement) that is associated with the flow-through entity's Form W-8IMY. Free irs state tax forms If you do not have all of the information that is required to reliably associate a payment with a specific payee, you must apply the presumption rules. Free irs state tax forms See Documentation and Presumption Rules , later. Free irs state tax forms Withholding foreign partnerships and withholding foreign trusts are not flow-through entities. Free irs state tax forms Foreign partnerships. Free irs state tax forms    A foreign partnership is any partnership that is not organized under the laws of any state of the United States or the District of Columbia or any partnership that is treated as foreign under the income tax regulations. Free irs state tax forms If a foreign partnership is not a withholding foreign partnership, the payees of income are the partners of the partnership, provided the partners are not themselves a flow-through entity or a foreign intermediary. Free irs state tax forms However, the payee is the partnership itself if the partnership is claiming treaty benefits on the basis that it is not fiscally transparent and that it meets all the other requirements for claiming treaty benefits. Free irs state tax forms If a partner is a foreign flow-through entity or a foreign intermediary, you apply the payee determination rules to that partner to determine the payees. Free irs state tax forms Example 1. Free irs state tax forms A nonwithholding foreign partnership has three partners: a nonresident alien individual; a foreign corporation; and a U. Free irs state tax forms S. Free irs state tax forms citizen. Free irs state tax forms You make a payment of U. Free irs state tax forms S. Free irs state tax forms source interest to the partnership. Free irs state tax forms It gives you a Form W-8IMY with which it associates Form W-8BEN from the nonresident alien; Form W-8BEN from the foreign corporation; and Form W-9 from the U. Free irs state tax forms S. Free irs state tax forms citizen. Free irs state tax forms The partnership also gives you a complete withholding statement that enables you to associate a part of the interest payment to each partner. Free irs state tax forms You must treat all three partners as the payees of the interest payment as if the payment were made directly to them. Free irs state tax forms Report the payment to the nonresident alien and the foreign corporation on Forms 1042-S. Free irs state tax forms Report the payment to the U. Free irs state tax forms S. Free irs state tax forms citizen on Form 1099-INT. Free irs state tax forms Example 2. Free irs state tax forms A nonwithholding foreign partnership has two partners: a foreign corporation and a nonwithholding foreign partnership. Free irs state tax forms The second partnership has two partners, both nonresident alien individuals. Free irs state tax forms You make a payment of U. Free irs state tax forms S. Free irs state tax forms source interest to the first partnership. Free irs state tax forms It gives you a valid Form W-8IMY with which it associates a Form W-8BEN from the foreign corporation and a Form W-8IMY from the second partnership. Free irs state tax forms In addition, Forms W-8BEN from the partners are associated with the Form W-8IMY from the second partnership. Free irs state tax forms The Forms W-8IMY from the partnerships have complete withholding statements associated with them. Free irs state tax forms Because you can reliably associate a part of the interest payment with the Form W-8BEN provided by the foreign corporation and the Forms W-8BEN provided by the nonresident alien individual partners as a result of the withholding statements, you must treat them as the payees of the interest. Free irs state tax forms Example 3. Free irs state tax forms You make a payment of U. Free irs state tax forms S. Free irs state tax forms source dividends to a withholding foreign partnership. Free irs state tax forms The partnership has two partners, both foreign corporations. Free irs state tax forms You can reliably associate the payment with a valid Form W-8IMY from the partnership on which it represents that it is a withholding foreign partnership. Free irs state tax forms You must treat the partnership as the payee of the dividends. Free irs state tax forms Foreign simple and grantor trust. Free irs state tax forms   A trust is foreign unless it meets both of the following tests. Free irs state tax forms A court within the United States is able to exercise primary supervision over the administration of the trust. Free irs state tax forms One or more U. Free irs state tax forms S. Free irs state tax forms persons have the authority to control all substantial decisions of the trust. Free irs state tax forms   In most cases, a foreign simple trust is a foreign trust that is required to distribute all of its income annually. Free irs state tax forms A foreign grantor trust is a foreign trust that is treated as a grantor trust under sections 671 through 679 of the Code. Free irs state tax forms   The payees of a payment made to a foreign simple trust are the beneficiaries of the trust. Free irs state tax forms The payees of a payment made to a foreign grantor trust are the owners of the trust. Free irs state tax forms However, the payee is the foreign simple or grantor trust itself if the trust is claiming treaty benefits on the basis that it is not fiscally transparent and that it meets all the other requirements for claiming treaty benefits. Free irs state tax forms If the beneficiaries or owners are themselves flow-through entities or foreign intermediaries, you apply the payee determination rules to that beneficiary or owner to determine the payees. Free irs state tax forms Example. Free irs state tax forms A foreign simple trust has three beneficiaries: two nonresident alien individuals and a U. Free irs state tax forms S. Free irs state tax forms citizen. Free irs state tax forms You make a payment of interest to the foreign trust. Free irs state tax forms It gives you a Form W-8IMY with which it associates Forms W-8BEN from the nonresident aliens and a Form W-9 from the U. Free irs state tax forms S. Free irs state tax forms citizen. Free irs state tax forms The trust also gives you a complete withholding statement that enables you to associate a part of the interest payment with the forms provided by each beneficiary. Free irs state tax forms You must treat all three beneficiaries as the payees of the interest payment as if the payment were made directly to them. Free irs state tax forms Report the payment to the nonresident aliens on Forms 1042-S. Free irs state tax forms Report the payment to the U. Free irs state tax forms S. Free irs state tax forms citizen on Form 1099-INT. Free irs state tax forms Fiscally transparent entity. Free irs state tax forms   If a reduced rate of withholding under an income tax treaty is claimed, a flow-through entity includes any entity in which the interest holder must treat the entity as fiscally transparent. Free irs state tax forms The determination of whether an entity is fiscally transparent is made on an item of income basis (that is, the determination is made separately for interest, dividends, royalties, etc. Free irs state tax forms ). Free irs state tax forms The interest holder in an entity makes the determination by applying the laws of the jurisdiction where the interest holder is organized, incorporated, or otherwise considered a resident. Free irs state tax forms An entity is considered to be fiscally transparent for the income to the extent the laws of that jurisdiction require the interest holder to separately take into account on a current basis the interest holder's share of the income, whether or not distributed to the interest holder, and the character and source of the income to the interest holder are determined as if the income was realized directly from the source that paid it to the entity. Free irs state tax forms Subject to the standards of knowledge rules discussed later, you generally make the determination that an entity is fiscally transparent based on a Form W-8IMY provided by the entity. Free irs state tax forms   The payees of a payment made to a fiscally transparent entity are the interest holders of the entity. Free irs state tax forms Example. Free irs state tax forms Entity A is a business organization organized under the laws of country X that has an income tax treaty in force with the United States. Free irs state tax forms A has two interest holders, B and C. Free irs state tax forms B is a corporation organized under the laws of country Y. Free irs state tax forms C is a corporation organized under the laws of country Z. Free irs state tax forms Both countries Y and Z have an income tax treaty in force with the United States. Free irs state tax forms A receives royalty income from U. Free irs state tax forms S. Free irs state tax forms sources that is not effectively connected with the conduct of a trade or business in the United States. Free irs state tax forms For U. Free irs state tax forms S. Free irs state tax forms income tax purposes, A is treated as a partnership. Free irs state tax forms Country X treats A as a partnership and requires the interest holders in A to separately take into account on a current basis their respective shares of the income paid to A even if the income is not distributed. Free irs state tax forms The laws of country X provide that the character and source of the income to A's interest holders are determined as if the income was realized directly from the source that paid it to A. Free irs state tax forms Accordingly, A is fiscally transparent in its jurisdiction, country X. Free irs state tax forms B and C are not fiscally transparent under the laws of their respective countries of incorporation. Free irs state tax forms Country Y requires B to separately take into account on a current basis B's share of the income paid to A, and the character and source of the income to B is determined as if the income was realized directly from the source that paid it to A. Free irs state tax forms Accordingly, A is fiscally transparent for that income under the laws of country Y, and B is treated as deriving its share of the U. Free irs state tax forms S. Free irs state tax forms source royalty income for purposes of the U. Free irs state tax forms S. Free irs state tax forms -Y income tax treaty. Free irs state tax forms Country Z, on the other hand, treats A as a corporation and does not require C to take into account its share of A's income on a current basis whether or not distributed. Free irs state tax forms Therefore, A is not treated as fiscally transparent under the laws of country Z. Free irs state tax forms Accordingly, C is not treated as deriving its share of the U. Free irs state tax forms S. Free irs state tax forms source royalty income for purposes of the U. Free irs state tax forms S. Free irs state tax forms -Z income tax treaty. Free irs state tax forms Foreign Intermediaries In most cases, if you make payments to a foreign intermediary, the payees are the persons for whom the foreign intermediary collects the payment, such as account holders or customers, not the intermediary itself. Free irs state tax forms This rule applies for purposes of NRA withholding and for Form 1099 reporting and backup withholding. Free irs state tax forms You may, however, treat a qualified intermediary that has assumed primary withholding responsibility for a payment as the payee, and you are not required to withhold. Free irs state tax forms An intermediary is a custodian, broker, nominee, or any other person that acts as an agent for another person. Free irs state tax forms A foreign intermediary is either a qualified intermediary or a nonqualified intermediary. Free irs state tax forms In most cases, you determine whether an entity is a qualified intermediary or a nonqualified intermediary based on the representations the intermediary makes on Form W-8IMY. Free irs state tax forms You must determine whether the customers or account holders of a foreign intermediary are U. Free irs state tax forms S. Free irs state tax forms or foreign persons and, if the account holder or customer is foreign, whether a reduced rate of NRA withholding applies. Free irs state tax forms You make these determinations based on the foreign intermediary's Form W-8IMY and associated information and documentation. Free irs state tax forms If you do not have all of the information or documentation that is required to reliably associate a payment with a payee, you must apply the presumption rules. Free irs state tax forms See Documentation and Presumption Rules , later. Free irs state tax forms Nonqualified intermediary. Free irs state tax forms   A nonqualified intermediary (NQI) is any intermediary that is a foreign person and that is not a qualified intermediary. Free irs state tax forms The payees of a payment made to an NQI are the customers or account holders on whose behalf the NQI is acting. Free irs state tax forms Example. Free irs state tax forms You make a payment of interest to a foreign bank that is a nonqualified intermediary. Free irs state tax forms The bank gives you a Form W-8IMY and the Forms W-8BEN of two foreign persons, and a Form W-9 from a U. Free irs state tax forms S. Free irs state tax forms person for whom the bank is collecting the payments. Free irs state tax forms The bank also associates with its Form W-8IMY a withholding statement on which it allocates the interest payment to each account holder and provides all other information required to be on the withholding statement. Free irs state tax forms The account holders are the payees of the interest payment. Free irs state tax forms You should report the part of the interest paid to the two foreign persons on Forms 1042-S and the part paid to the U. Free irs state tax forms S. Free irs state tax forms person on Form 1099-INT. Free irs state tax forms Qualified intermediary. Free irs state tax forms   A qualified intermediary (QI) is any foreign intermediary (or foreign branch of a U. Free irs state tax forms S. Free irs state tax forms intermediary) that has entered into a qualified intermediary withholding agreement (discussed later) with the IRS. Free irs state tax forms You may treat a QI as a payee to the extent the QI assumes primary withholding responsibility or primary Form 1099 reporting and backup withholding responsibility for a payment. Free irs state tax forms In this situation, the QI is required to withhold the tax. Free irs state tax forms You can determine whether a QI has assumed responsibility from the Form W-8IMY provided by the QI. Free irs state tax forms   A payment to a QI to the extent it does not assume primary NRA withholding responsibility is considered made to the person on whose behalf the QI acts. Free irs state tax forms If a QI does not assume Form 1099 reporting and backup withholding responsibility, you must report on Form 1099 and, if applicable, backup withhold as if you were making the payment directly to the U. Free irs state tax forms S. Free irs state tax forms person. Free irs state tax forms Branches of financial institutions. Free irs state tax forms   Branches of financial institutions are not permitted to operate as QIs if they are located outside of countries having approved “know-your-customer” (KYC) rules. Free irs state tax forms The countries with approved KYC rules are listed on IRS. Free irs state tax forms gov. Free irs state tax forms QI withholding agreement. Free irs state tax forms   Foreign financial institutions and foreign branches of U. Free irs state tax forms S. Free irs state tax forms financial institutions can enter into an agreement with the IRS to be a qualified intermediary. Free irs state tax forms   A QI is entitled to certain simplified withholding and reporting rules. Free irs state tax forms In general, there are three major areas whereby intermediaries with QI status are afforded such simplified treatment. Free irs state tax forms   To apply for QI status, complete Form 14345, Qualified Intermediary Application, and Form SS-4, Application for Employer Identification Number. Free irs state tax forms These forms, and the procedures required to obtain a QI withholding agreement are available at www. Free irs state tax forms irs. Free irs state tax forms gov/Businesses/Corporations/Qualified-Intermediaries-(QI). Free irs state tax forms Documentation. Free irs state tax forms   A QI is not required to forward documentation obtained from foreign account holders to the U. Free irs state tax forms S. Free irs state tax forms withholding agent from whom the QI receives a payment of U. Free irs state tax forms S. Free irs state tax forms source income. Free irs state tax forms The QI maintains such documentation at its location and provides the U. Free irs state tax forms S. Free irs state tax forms withholding agent with withholding rate pools. Free irs state tax forms A withholding rate pool is a payment of a single type of income that is subject to a single rate of withholding. Free irs state tax forms   A QI is required to provide the U. Free irs state tax forms S. Free irs state tax forms withholding agent with information regarding U. Free irs state tax forms S. Free irs state tax forms persons subject to Form 1099 information reporting unless the QI assumes the primary obligation to do Form 1099 reporting and backup withholding. Free irs state tax forms   If a QI obtains documentary evidence under the “know-your-customer” rules that apply to the QI under local law, and the documentary evidence is of a type specified in an attachment to the QI agreement, the documentary evidence remains valid until there is a change in circumstances or the QI knows the information is incorrect. Free irs state tax forms This indefinite validity period rule does not apply to Forms W-8 or to documentary evidence that is not of the type specified in the attachment to the agreement. Free irs state tax forms Form 1042-S reporting. Free irs state tax forms   A QI is permitted to report payments made to its direct foreign account holders on a pooled basis rather than reporting payments to each direct account holder specifically. Free irs state tax forms Pooled basis reporting is not available for payments to certain account holders, such as a nonqualified intermediary or a flow-through entity (discussed earlier). Free irs state tax forms Collective refund procedures. Free irs state tax forms   A QI may seek a refund on behalf of its direct account holders. Free irs state tax forms The direct account holders, therefore, are not required to file returns with the IRS to obtain refunds, but rather may obtain them from the QI. Free irs state tax forms U. Free irs state tax forms S. Free irs state tax forms branches of foreign banks and foreign insurance companies. Free irs state tax forms   Special rules apply to a U. Free irs state tax forms S. Free irs state tax forms branch of a foreign bank subject to Federal Reserve Board supervision or a foreign insurance company subject to state regulatory supervision. Free irs state tax forms If you agree to treat the branch as a U. Free irs state tax forms S. Free irs state tax forms person, you may treat the branch as a U. Free irs state tax forms S. Free irs state tax forms payee for a payment subject to NRA withholding provided you receive a Form W-8IMY from the U. Free irs state tax forms S. Free irs state tax forms branch on which the agreement is evidenced. Free irs state tax forms If you treat the branch as a U. Free irs state tax forms S. Free irs state tax forms payee, you are not required to withhold. Free irs state tax forms Even though you agree to treat the branch as a U. Free irs state tax forms S. Free irs state tax forms person, you must report the payment on Form 1042-S. Free irs state tax forms   A financial institution organized in a U. Free irs state tax forms S. Free irs state tax forms possession is treated as a U. Free irs state tax forms S. Free irs state tax forms branch. Free irs state tax forms The special rules discussed in this section apply to a possessions financial institution. Free irs state tax forms   If you are paying a U. Free irs state tax forms S. Free irs state tax forms branch an amount that is not subject to NRA withholding, treat the payment as made to a foreign person, irrespective of any agreement to treat the branch as a U. Free irs state tax forms S. Free irs state tax forms person for amounts subject to NRA withholding. Free irs state tax forms Consequently, amounts not subject to NRA withholding that are paid to a U. Free irs state tax forms S. Free irs state tax forms branch are not subject to Form 1099 reporting or backup withholding. Free irs state tax forms   Alternatively, a U. Free irs state tax forms S. Free irs state tax forms branch may provide you with a Form W-8IMY with which it associates the documentation of the persons on whose behalf it acts. Free irs state tax forms In this situation, the payees are the persons on whose behalf the branch acts provided you can reliably associate the payment with valid documentation from those persons. Free irs state tax forms See Nonqualified Intermediaries under  Documentation, later. Free irs state tax forms   If the U. Free irs state tax forms S. Free irs state tax forms branch does not provide you with a Form W-8IMY, then you should treat a payment subject to NRA withholding as made to the foreign person of which the branch is a part and the income as effectively connected with the conduct of a trade or business in the United States. Free irs state tax forms Withholding foreign partnership and foreign trust. Free irs state tax forms   A withholding foreign partnership (WP) is any foreign partnership that has entered into a WP withholding agreement with the IRS and is acting in that capacity. Free irs state tax forms A withholding foreign trust (WT) is a foreign simple or grantor trust that has entered into a WT withholding agreement with the IRS and is acting in that capacity. Free irs state tax forms   A WP or WT may act in that capacity only for payments of amounts subject to NRA withholding that are distributed to, or included in the distributive share of, its direct partners, beneficiaries, or owners. Free irs state tax forms A WP or WT acting in that capacity must assume NRA withholding responsibility for these amounts. Free irs state tax forms You may treat a WP or WT as a payee if it has provided you with documentation (discussed later) that represents that it is acting as a WP or WT for such amounts. Free irs state tax forms WP and WT withholding agreements. Free irs state tax forms   The WP and WT withholding agreements and the application procedures for the agreements are in Revenue Procedure 2003-64. Free irs state tax forms Also see the following items. Free irs state tax forms Revenue Procedure 2004-21. Free irs state tax forms Revenue Procedure 2005-77. Free irs state tax forms Employer identification number (EIN). Free irs state tax forms   A completed Form SS-4 must be submitted with the application for being a WP or WT. Free irs state tax forms The WP or WT will be assigned a WP-EIN or WT-EIN to be used only when acting in that capacity. Free irs state tax forms Documentation. Free irs state tax forms   A WP or WT must provide you with a Form W-8IMY that certifies that the WP or WT is acting in that capacity and a written statement identifying the amounts for which it is so acting. Free irs state tax forms The statement is not required to contain withholding rate pool information or any information relating to the identity of a direct partner, beneficiary, or owner. Free irs state tax forms The Form W-8IMY must contain the WP-EIN or WT-EIN. Free irs state tax forms Foreign Persons A payee is subject to NRA withholding only if it is a foreign person. Free irs state tax forms A foreign person includes a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, foreign estate, and any other person that is not a U. Free irs state tax forms S. Free irs state tax forms person. Free irs state tax forms It also includes a foreign branch of a U. Free irs state tax forms S. Free irs state tax forms financial institution if the foreign branch is a qualified intermediary. Free irs state tax forms In most cases, the U. Free irs state tax forms S. Free irs state tax forms branch of a foreign corporation or partnership is treated as a foreign person. Free irs state tax forms Nonresident alien. Free irs state tax forms   A nonresident alien is an individual who is not a U. Free irs state tax forms S. Free irs state tax forms citizen or a resident alien. Free irs state tax forms A resident of a foreign country under the residence article of an income tax treaty is a nonresident alien individual for purposes of withholding. Free irs state tax forms Married to U. Free irs state tax forms S. Free irs state tax forms citizen or resident alien. Free irs state tax forms   Nonresident alien individuals married to U. Free irs state tax forms S. Free irs state tax forms citizens or resident aliens may choose to be treated as resident aliens for certain income tax purposes. Free irs state tax forms However, these individuals are still subject to the NRA withholding rules that apply to nonresident aliens for all income except wages. Free irs state tax forms Wages paid to these individuals are subject to graduated withholding. Free irs state tax forms See Wages Paid to Employees—Graduated Withholding . Free irs state tax forms Resident alien. Free irs state tax forms   A resident alien is an individual who is not a citizen or national of the United States and who meets either the green card test or the substantial presence test for the calendar year. Free irs state tax forms Green card test. Free irs state tax forms An alien is a resident alien if the individual was a lawful permanent resident of the United States at any time during the calendar year. Free irs state tax forms This is known as the green card test because these aliens hold immigrant visas (also known as green cards). Free irs state tax forms Substantial presence test. Free irs state tax forms An alien is considered a resident alien if the individual meets the substantial presence test for the calendar year. Free irs state tax forms Under this test, the individual must be physically present in the United States on at least: 31 days during the current calendar year, and 183 days during the current year and the 2 preceding years, counting all the days of physical presence in the current year, but only 1/3 the number of days of presence in the first preceding year, and only 1/6 the number of days in the second preceding year. Free irs state tax forms   In most cases, the days the alien is in the United States as a teacher, student, or trainee on an “F,” “J,” “M,” or “Q” visa are not counted. Free irs state tax forms This exception is for a limited period of time. Free irs state tax forms   For more information on resident and nonresident status, the tests for residence, and the exceptions to them, see Publication 519. Free irs state tax forms Note. Free irs state tax forms   If your employee is late in notifying you that his or her status changed from nonresident alien to resident alien, you may have to make an adjustment to Form 941 if that employee was exempt from withholding of social security and Medicare taxes as a nonresident alien. Free irs state tax forms For more information on making adjustments, see chapter 13 of Publication 15 (Circular E). Free irs state tax forms Resident of a U. Free irs state tax forms S. Free irs state tax forms possession. Free irs state tax forms   A bona fide resident of Puerto Rico, the U. Free irs state tax forms S. Free irs state tax forms Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands (CNMI), or American Samoa who is not a U. Free irs state tax forms S. Free irs state tax forms citizen or a U. Free irs state tax forms S. Free irs state tax forms national is treated as a nonresident alien for the withholding rules explained here. Free irs state tax forms A bona fide resident of a possession is someone who: Meets the presence test, Does not have a tax home outside the possession, and Does not have a closer connection to the United States or to a foreign country than to the possession. Free irs state tax forms   For more information, see Publication 570, Tax Guide for Individuals With Income From U. Free irs state tax forms S. Free irs state tax forms Possessions. Free irs state tax forms Foreign corporations. Free irs state tax forms   A foreign corporation is one that does not fit the definition of a domestic corporation. Free irs state tax forms A domestic corporation is one that was created or organized in the United States or under the laws of the United States, any of its states, or the District of Columbia. Free irs state tax forms Guam or Northern Mariana Islands corporations. Free irs state tax forms   A corporation created or organized in, or under the laws of, Guam or the CNMI is not considered a foreign corporation for the purpose of withholding tax for the tax year if: At all times during the tax year less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign persons; and At least 20% of the corporation's gross income is derived from sources within Guam or the CNMI for the 3-year period ending with the close of the preceding tax year of the corporation (or the period the corporation has been in existence, if less). Free irs state tax forms Note. Free irs state tax forms   The provisions discussed below under U. Free irs state tax forms S. Free irs state tax forms Virgin Islands and American Samoa corporations will apply to Guam or CNMI corporations when an implementing agreement is in effect between the United States and that possession. Free irs state tax forms U. Free irs state tax forms S. Free irs state tax forms Virgin Islands and American Samoa corporations. Free irs state tax forms   A corporation created or organized in, or under the laws of, the U. Free irs state tax forms S. Free irs state tax forms Virgin Islands or American Samoa is not considered a foreign corporation for the purposes of withholding tax for the tax year if: At all times during the tax year less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign persons, At least 65% of the corporation's gross income is effectively connected with the conduct of a trade or business in the U. Free irs state tax forms S. Free irs state tax forms Virgin Islands, American Samoa, Guam, the CNMI, or the United States for the 3-year period ending with the close of the tax year of the corporation (or the period the corporation or any predecessor has been in existence, if less), and No substantial part of the income of the corporation is used, directly or indirectly, to satisfy obligations to a person who is not a bona fide resident of the U. Free irs state tax forms S. Free irs state tax forms Virgin Islands, American Samoa, Guam, the CNMI, or the United States. Free irs state tax forms Foreign private foundations. Free irs state tax forms   A private foundation that was created or organized under the laws of a foreign country is a foreign private foundation. Free irs state tax forms Gross investment income from sources within the United States paid to a qualified foreign private foundation is subject to NRA withholding at a 4% rate (unless exempted by a treaty) rather than the ordinary statutory 30% rate. Free irs state tax forms Other foreign organizations, associations, and charitable institutions. Free irs state tax forms   An organization may be exempt from income tax under section 501(a) of the Internal Revenue Code even if it was formed under foreign law. Free irs state tax forms In most cases, you do not have to withhold tax on payments of income to these foreign tax-exempt organizations unless the IRS has determined that they are foreign private foundations. Free irs state tax forms   Payments to these organizations, however, must be reported on Form 1042-S, even though no tax is withheld. Free irs state tax forms   You must withhold tax on the unrelated business income (as described in Publication 598, Tax on Unrelated Business Income of Exempt Organizations) of foreign tax-exempt organizations in the same way that you would withhold tax on similar income of nonexempt organizations. Free irs state tax forms U. Free irs state tax forms S. Free irs state tax forms branches of foreign persons. Free irs state tax forms   In most cases, a payment to a U. Free irs state tax forms S. Free irs state tax forms branch of a foreign person is a payment made to the foreign person. Free irs state tax forms However, you may treat payments to U. Free irs state tax forms S. Free irs state tax forms branches of foreign banks and foreign insurance companies (discussed earlier) that are subject to U. Free irs state tax forms S. Free irs state tax forms regulatory supervision as payments made to a U. Free irs state tax forms S. Free irs state tax forms person, if you and the U. Free irs state tax forms S. Free irs state tax forms branch have agreed to do so, and if their agreement is evidenced by a withholding certificate, Form W-8IMY. Free irs state tax forms For this purpose, a financial institution organized under the laws of a U. Free irs state tax forms S. Free irs state tax forms possession is treated as a U. Free irs state tax forms S. Free irs state tax forms branch. Free irs state tax forms Documentation In most cases, you must withhold 30% from the gross amount paid to a foreign payee unless you can reliably associate the payment with valid documentation that establishes either of the following. Free irs state tax forms The payee is a U. Free irs state tax forms S. Free irs state tax forms person. Free irs state tax forms The payee is a foreign person that is the beneficial owner of the income and is entitled to a reduced rate of withholding. Free irs state tax forms In most cases, you must get the documentation before you make the payment. Free irs state tax forms The documentation is not valid if you know, or have reason to know, that it is unreliable or incorrect. Free irs state tax forms See Standards of Knowledge , later. Free irs state tax forms If you cannot reliably associate a payment with valid documentation, you must use the presumption rules discussed later. Free irs state tax forms For example, if you do not have documentation or you cannot determine the part of a payment that is allocable to specific documentation, you must use the presumption rules. Free irs state tax forms The specific types of documentation are discussed in this section. Free irs state tax forms However, see Withholding on Specific Income , later, as well as the instructions to the particular forms. Free irs state tax forms As the withholding agent, you also may want to see the Instructions for the Requester of Forms W-8BEN, W-8ECI, W-8EXP, and W-8IMY. Free irs state tax forms Section 1446 withholding. Free irs state tax forms   Under section 1446 of the Code, a partnership must withhold tax on its effectively connected income allocable to a foreign partner. Free irs state tax forms In most cases, a partnership determines if a partner is a foreign partner and the partner's tax classification based on the withholding certificate provided by the partner. Free irs state tax forms This is the same documentation that is filed for NRA withholding, but may require additional information as discussed under each of the forms in this section. Free irs state tax forms Joint owners. Free irs state tax forms    If you make a payment to joint owners, you need to get documentation from each owner. Free irs state tax forms Form W-9. Free irs state tax forms   In most cases, you can treat the payee as a U. Free irs state tax forms S. Free irs state tax forms person if the payee gives you a Form W-9. Free irs state tax forms The Form W-9 can be used only by a U. Free irs state tax forms S. Free irs state tax forms person and must contain the payee's taxpayer identification number (TIN). Free irs state tax forms If there is more than one owner, you may treat the total amount as paid to a U. Free irs state tax forms S. Free irs state tax forms person if any one of the owners gives you a Form W-9. Free irs state tax forms See U. Free irs state tax forms S. Free irs state tax forms Taxpayer Identification Numbers , later. Free irs state tax forms U. Free irs state tax forms S. Free irs state tax forms persons are not subject to NRA withholding, but may be subject to Form 1099 reporting and backup withholding. Free irs state tax forms Form W-8. Free irs state tax forms   In most cases, a foreign payee of the income should give you a form in the Form W-8 series. Free irs state tax forms Until further notice, you can rely upon Forms W-8 that contain a P. Free irs state tax forms O. Free irs state tax forms box as a permanent residence address provided you do not know, or have reason to know, that the person providing the form is a U. Free irs state tax forms S. Free irs state tax forms person and that a street address is available. Free irs state tax forms You may rely on Forms W-8 for which there is a U. Free irs state tax forms S. Free irs state tax forms mailing address provided you received the form prior to December 31, 2001. Free irs state tax forms   If certain requirements are met, the foreign person can give you documentary evidence, rather than a Form W-8. Free irs state tax forms You can rely on documentary evidence in lieu of a Form W-8 for a payment made in a U. Free irs state tax forms S. Free irs state tax forms possession. Free irs state tax forms Other documentation. Free irs state tax forms   Other documentation may be required to claim an exemption from, or a reduced rate of, withholding on pay for personal services. Free irs state tax forms The nonresident alien individual may have to give you a Form W-4 or a Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual. Free irs state tax forms These forms are discussed in Pay for Personal Services Performed under Withholding on Specific Income. Free irs state tax forms Beneficial Owners If all the appropriate requirements have been established on a Form W-8BEN, W-8ECI, W-8EXP or, if applicable, on documentary evidence, you may treat the payee as a foreign beneficial owner. Free irs state tax forms Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding. Free irs state tax forms   This form is used by a foreign person to: Establish foreign status; Claim that such person is the beneficial owner of the income for which the form is being furnished or a partner in a partnership subject to section 1446 withholding; and If applicable, claim a reduced rate of, or exemption from, withholding under an income tax treaty. Free irs state tax forms   Form W-8BEN also may be used to claim that the foreign person is exempt from Form 1099 reporting and backup withholding for income that is not subject to NRA withholding. Free irs state tax forms For example, a foreign person may provide a Form W-8BEN to a broker to establish that the gross proceeds from the sale of securities are not subject to Form 1099 reporting or backup withholding. Free irs state tax forms Claiming treaty benefits. Free irs state tax forms   You may apply a reduced rate of withholding to a foreign person that provides a Form W-8BEN claiming a reduced rate of withholding under an income tax treaty only if the person provides a U. Free irs state tax forms S. Free irs state tax forms TIN and certifies that: It is a resident of a treaty country; It is the beneficial owner of the income; If it is an entity, it derives the income within the meaning of section 894 of the Internal Revenue Code (it is not fiscally transparent); and It meets any limitation on benefits provision contained in the treaty, if applicable. Free irs state tax forms   If the foreign beneficial owner claiming a treaty benefit is related to you, the foreign beneficial owner also must certify on Form W-8BEN that it will file Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), if the amount subject to NRA withholding received during a calendar year exceeds, in the aggregate, $500,000. Free irs state tax forms   An entity derives income for which it is claiming treaty benefits only if the entity is not treated as fiscally transparent for that income. Free irs state tax forms See Fiscally transparent entity discussed earlier under Flow-Through Entities. Free irs state tax forms   Limitations on benefits provisions generally prohibit third country residents from obtaining treaty benefits. Free irs state tax forms For example, a foreign corporation may not be entitled to a reduced rate of withholding unless a minimum percentage of its owners are citizens or residents of the United States or the treaty country. Free irs state tax forms   The exemptions from, or reduced rates of, U. Free irs state tax forms S. Free irs state tax forms tax vary under each treaty. Free irs state tax forms You must check the provisions of the tax treaty that apply. Free irs state tax forms Tables at the end of this publication show the countries with which the United States has income tax treaties and the rates of withholding that apply in cases where all conditions of the particular treaty articles are satisfied. Free irs state tax forms   If you know, or have reason to know, that an owner of income is not eligible for treaty benefits claimed, you must not apply the treaty rate. Free irs state tax forms You are not, however, responsible for misstatements on a Form W-8, documentary evidence, or statements accompanying documentary evidence for which you did not have actual knowledge, or reason to know, that the statements were incorrect. Free irs state tax forms Exceptions to TIN requirement. Free irs state tax forms   A foreign person does not have to provide a TIN to claim a reduced rate of withholding under a treaty if the requirements for the following exceptions are met. Free irs state tax forms Income from marketable securities (discussed next). Free irs state tax forms Unexpected payments to an individual (discussed under U. Free irs state tax forms S. Free irs state tax forms Taxpayer Identification Numbers ). Free irs state tax forms Marketable securities. Free irs state tax forms   A Form W-8BEN provided to claim treaty benefits does not need a U. Free irs state tax forms S. Free irs state tax forms TIN if the foreign beneficial owner is claiming the benefits on income from marketable securities. Free irs state tax forms For this purpose, income from a marketable security consists of the following items. Free irs state tax forms Dividends and interest from stocks and debt obligations that are actively traded. Free irs state tax forms Dividends from any redeemable security issued by an investment company registered under the Investment Company Act of 1940 (mutual fund). Free irs state tax forms Dividends, interest, or royalties from units of beneficial interest in a unit investment trust that are (or were upon issuance) publicly offered and are registered with the SEC under the Securities Act of 1933. Free irs state tax forms Income related to loans of any of the above securities. Free irs state tax forms Offshore accounts. Free irs state tax forms   If a payment is made outside the United States to an offshore account, a payee may give you documentary evidence, rather than Form W-8BEN. Free irs state tax forms   In most cases, a payment is made outside the United States if you complete the acts necessary to effect the payment outside the United States. Free irs state tax forms However, an amount paid by a bank or other financial institution on a deposit or account usually will be treated as paid at the branch or office where the amount is credited. Free irs state tax forms An offshore account is an account maintained at an office or branch of a U. Free irs state tax forms S. Free irs state tax forms or foreign bank or other financial institution at any location outside the United States. Free irs state tax forms   You may rely on documentary evidence given to you by a nonqualified intermediary or a flow-through entity with its Form W-8IMY. Free irs state tax forms This rule applies even though you make the payment to a nonqualified intermediary or flow-through entity in the United States. Free irs state tax forms In most cases, the nonqualified intermediary or flow-through entity that gives you documentary evidence also will have to give you a withholding statement, discussed later. Free irs state tax forms Documentary evidence. Free irs state tax forms   You may apply a reduced rate of withholding to income from marketable securities (discussed earlier) paid outside the United States to an offshore account if the beneficial owner gives you documentary evidence in place of a Form W-8BEN. Free irs state tax forms To claim treaty benefits, the documentary evidence must be one of the following: A certificate of residence that: Is issued by a tax official of the treaty country of which the foreign beneficial owner claims to be a resident, States that the person has filed its most recent income tax return as a resident of that country, and Is issued within 3 years prior to being presented to you. Free irs state tax forms Documentation for an individual that: Includes the individual's name, address, and photograph, Is an official document issued by an authorized governmental body, and Is issued no more than 3 years prior to being presented to you. Free irs state tax forms Documentation for an entity that: Includes the name of the entity, Includes the address of its principal office in the treaty country, and Is an official document issued by an authorized governmental body. Free irs state tax forms In addition to the documentary evidence, a foreign beneficial owner that is an entity must provide a statement that it derives the income for which it claims treaty benefits and that it meets one or more of the conditions set forth in a limitation on benefits article, if any, (or similar provision) contained in the applicable treaty. Free irs state tax forms 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. Free irs state tax forms   This form is used by a foreign person to: Establish foreign status, Claim that such person is the beneficial owner of the income for which the form is being furnished, and Claim that the income is effectively connected with the conduct of a trade or business in the United States. Free irs state tax forms (See Effectively Connected Income , later. Free irs state tax forms )   Effectively connected income for which a valid Form W-8ECI has been provided is generally not subject to NRA withholding. Free irs state tax forms   If a partner submits this form to a partnership, the income claimed to be effectively connected with the conduct of a U. Free irs state tax forms S. Free irs state tax forms trade or business is subject to withholding under section 1446. Free irs state tax forms If the partner has made, or will make, an election under section 871(d) or 882(d), the partner must submit Form W-8ECI, and attach a copy of the election, or a statement of intent to elect, to the form. Free irs state tax forms    If the partner's only effectively connected income is the income allocated from the partnership and the partner is not making the election under section 871(d) or 882(d), the partner should provide Form W-8BEN to the partnership. Free irs state tax forms Form W-8EXP, Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding. Free irs state tax forms   This form is used by a foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U. Free irs state tax forms S. Free irs state tax forms possession to: Establish foreign status, Claim that such person is the beneficial owner of the income for which the form is being furnished, and Claim a reduced rate of, or an exemption from, withholding as such an entity. Free irs state tax forms   If the government or organization is a partner in a partnership carrying on a trade or business in the United States, the effectively connected income allocable to the partner is subject to withholding under section 1446. Free irs state tax forms   See Foreign Governments and Certain Other Foreign Organizations , later. Free irs state tax forms Foreign Intermediaries and Foreign Flow-Through Entities Payments made to a foreign intermediary or foreign flow-through entity are treated as made to the payees on whose behalf the intermediary or entity acts. Free irs state tax forms The Form W-8IMY provided by a foreign intermediary or flow-through entity must be accompanied by additional information for you to be able to reliably associate the payment with a payee. Free irs state tax forms The additional information required depends on the type of intermediary or flow-through entity and the extent of the withholding responsibilities it assumes. Free irs state tax forms Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U. Free irs state tax forms S. Free irs state tax forms Branches for United States Tax Withholding. Free irs state tax forms   This form is used by foreign intermediaries and foreign flow-through entities, as well as certain U. Free irs state tax forms S. Free irs state tax forms branches, to: Represent that a foreign person is a qualified intermediary or nonqualified intermediary, Represent, if applicable, that the qualified intermediary is assuming primary NRA withholding responsibility and/or primary Form 1099 reporting and backup withholding responsibility, Represent that a foreign partnership or a foreign simple or grantor trust is a withholding foreign partnership or a withholding foreign trust, Represent that a foreign flow-through entity is a nonwithholding foreign partnership, or a nonwithholding foreign trust and that the income is not effectively connected with the conduct of a trade or business in the United States, Represent that the provider is a U. Free irs state tax forms S. Free irs state tax forms branch of a foreign bank or insurance company and either is agreeing to be treated as a U. Free irs state tax forms S. Free irs state tax forms person or is transmitting documentation of the persons on whose behalf it is acting, or Represent that, for purposes of section 1446, it is an upper-tier foreign partnership or a foreign grantor trust and that the form is being used to transmit the required documentation. Free irs state tax forms For information on qualifying as an upper-tier foreign partnership, see Regulations section 1. Free irs state tax forms 1446-5. Free irs state tax forms Qualified Intermediaries In most cases, a QI is any foreign intermediary that has entered into a QI withholding agreement (discussed earlier) with the IRS. Free irs state tax forms A foreign intermediary that has received a QI employer identification number (QI-EIN) may represent on Form W-8IMY that it is a QI before it receives a fully executed agreement. Free irs state tax forms The intermediary can claim that it is a QI until the IRS revokes its QI-EIN. Free irs state tax forms The IRS will revoke a QI-EIN if the QI agreement is not executed and returned to the IRS within a reasonable period of time after the agreement was sent to the intermediary for signature. Free irs state tax forms Responsibilities. Free irs state tax forms   Payments made to a QI that does not assume NRA withholding responsibility are treated as paid to its account holders and customers. Free irs state tax forms However, a QI is not required to provide you with documentation it obtains from its foreign account holders and customers. Free irs state tax forms Instead, it provides you with a withholding statement that contains withholding rate pool information. Free irs state tax forms A withholding rate pool is a payment of a single type of income, determined in accordance with the categories of income reported on Form 1042-S that is subject to a single rate of withholding. Free irs state tax forms A qualified intermediary is required to provide you with information regarding U. Free irs state tax forms S. Free irs state tax forms persons subject to Form 1099 reporting and to provide you withholding rate pool information separately for each such U. Free irs state tax forms S. Free irs state tax forms person unless it has assumed Form 1099 reporting and backup withholding responsibility. Free irs state tax forms For the alternative procedure for providing rate pool information for U. Free irs state tax forms S. Free irs state tax forms non-exempt persons, see the Form W-8IMY instructions. Free irs state tax forms   The withholding statement must: Designate those accounts for which it acts as a qualified intermediary, Designate those accounts for which it assumes primary NRA withholding responsibility and/or primary Form 1099 and backup withholding responsibility, and Provide sufficient information for you to allocate the payment to a withholding rate pool. Free irs state tax forms   The extent to which you must have withholding rate pool information depends on the withholding and reporting obligations assumed by the QI. Free irs state tax forms Primary responsibility not assumed. Free irs state tax forms   If a QI does not assume primary NRA withholding responsibility or primary Form 1099 reporting and backup withholding responsibility for the payment, you can reliably associate the payment with valid documentation only to the extent you can reliably determine the part of the payment that relates to each withholding rate pool for foreign payees. Free irs state tax forms Unless the alternative procedure applies, the qualified intermediary must provide you with a separate withholding rate pool for each U. Free irs state tax forms S. Free irs state tax forms person subject to Form 1099 reporting and/or backup withholding. Free irs state tax forms The QI must provide a Form W-9 or, in the absence of the form, the name, address, and TIN, if available, for such person. Free irs state tax forms Primary NRA withholding responsibility assumed. Free irs state tax forms   If you make a payment to a QI that assumes primary NRA withholding responsibility (but not primary Form 1099 reporting and backup withholding responsibility), you can reliably associate the payment with valid documentation only to the extent you can reliably determine the part of the payment that relates to the withholding rate pool for which the QI assumes primary NRA withholding responsibility and the part of the payment attributable to withholding rate pools for each U. Free irs state tax forms S. Free irs state tax forms person, unless the alternative procedure applies, subject to Form 1099 reporting and/or backup withholding. Free irs state tax forms The QI must provide a Form W-9 or, in the absence of the form, the name, address, and TIN, if available, for such person. Free irs state tax forms Primary NRA and Form 1099 responsibility assumed. Free irs state tax forms   If you make a payment to a QI that assumes both primary NRA withholding responsibility and primary Form 1099 reporting and backup withholding responsibility, you can reliably associate a payment with valid documentation provided that you receive a valid Form W-8IMY. Free irs state tax forms It is not necessary to associate the payment with withholding rate pools. Free irs state tax forms Example. Free irs state tax forms You make a payment of dividends to a QI. Free irs state tax forms It has five customers: two are foreign persons who have provided documentation entitling them to a 15% rate of withholding on dividends; two are foreign persons subject to a 30% rate of withholding on dividends; and one is a U. Free irs state tax forms S. Free irs state tax forms individual who provides it with a Form W-9. Free irs state tax forms Each customer is entitled to 20% of the dividend payment. Free irs state tax forms The QI does not assume any primary withholding responsibility. Free irs state tax forms The QI gives you a Form W-8IMY with which it associates the Form W-9 and a withholding statement that allocates 40% of the dividend to a 15% withholding rate pool, 40% to a 30% withholding rate pool, and 20% to the U. Free irs state tax forms S. Free irs state tax forms individual. Free irs state tax forms You should report on Forms 1042-S 40% of the payment as made to a 15% rate dividend pool and 40% of the payment as made to a 30% rate dividend pool. Free irs state tax forms The part of the payment allocable to the U. Free irs state tax forms S. Free irs state tax forms individual (20%) is reportable on Form 1099-DIV. Free irs state tax forms Smaller partnerships and trusts. Free irs state tax forms   A QI may apply special rules to a smaller partnership or trust (Joint Account Provision) only if the partnership or trust meets the following conditions. Free irs state tax forms It is a foreign partnership or foreign simple or grantor trust. Free irs state tax forms It is a direct account holder of the QI. Free irs state tax forms It does not have any partner, beneficiary, or owner that is a U. Free irs state tax forms S. Free irs state tax forms person or a pass- through partner, beneficiary, or owner. Free irs state tax forms   For information on these rules, see section 4A. Free irs state tax forms 01 of the QI agreement. Free irs state tax forms This is found in Appendix 3 of Revenue Procedure 2003-64. Free irs state tax forms Also see Revenue Procedure 2004-21. Free irs state tax forms Related partnerships and trusts. Free irs state tax forms    A QI may apply special rules to a related partnership or trust only if the partnership or trust meets the following conditions. Free irs state tax forms It is a foreign partnership or foreign simple or grantor trust. Free irs state tax forms It is either: A direct account holder of the QI, or An indirect account holder of the QI that is a direct partner, beneficiary, or owner of a partnership or trust to which the QI has applied this rule. Free irs state tax forms For information on these rules, see section 4A. Free irs state tax forms 02 of the QI agreement. Free irs state tax forms This is found in Appendix 3 of Revenue Procedure 2003-64. Free irs state tax forms Also see Revenue Procedure 2005-77. Free irs state tax forms Nonqualified Intermediaries If you are making a payment to an NQI, foreign flow-through entity, or U. Free irs state tax forms S. Free irs state tax forms branch that is using Form W-8IMY to transmit information about the branch's account holders or customers, you can treat the payment (or a part of the payment) as reliably associated with valid documentation from a specific payee only if, prior to making the payment: You can allocate the payment to a valid Form W-8IMY, You can reliably determine how much of the payment relates to valid documentation provided by a payee (a person that is not itself a foreign intermediary, flow- through entity, or U. Free irs state tax forms S. Free irs state tax forms branch), and You have sufficient information to report the payment on Form 1042-S or Form 1099, if reporting is required. Free irs state tax forms The NQI, flow-through entity, or U. Free irs state tax forms S. Free irs state tax forms branch must give you certain information on a withholding statement that is associated with the Form W-8IMY. Free irs state tax forms A withholding statement must be updated to keep the information accurate prior to each payment. Free irs state tax forms Withholding statement. Free irs state tax forms   In most cases, a withholding statement must contain the following information. Free irs state tax forms The name, address, and TIN (if any, or if required) of each person for whom documentation is provided. Free irs state tax forms The type of documentation (documentary evidence, Form W-8, or Form W-9) for every person for whom documentation has been provided. Free irs state tax forms The status of the person for whom the documentation has been provided, such as whether the person is a U. Free irs state tax forms S. Free irs state tax forms exempt recipient (U. Free irs state tax forms S. Free irs state tax forms person exempt from Form 1099 reporting), U. Free irs state tax forms S. Free irs state tax forms non-exempt recipient (U. Free irs state tax forms S. Free irs state tax forms person subject to Form 1099 reporting), or a foreign person. Free irs state tax forms For a foreign person, the statement must indicate whether the person is a beneficial owner or a foreign intermediary, flow-through entity, or a U. Free irs state tax forms S. Free irs state tax forms branch. Free irs state tax forms The type of recipient the person is, based on the recipient codes used on Form 1042-S. Free irs state tax forms Information allocating each payment, by income type, to each payee (including U. Free irs state tax forms S. Free irs state tax forms exempt and U. Free irs state tax forms S. Free irs state tax forms non-exempt recipients) for whom documentation has been provided. Free irs state tax forms The rate of withholding that applies to each foreign person to whom a payment is allocated. Free irs state tax forms A foreign payee's country of residence. Free irs state tax forms If a reduced rate of withholding is claimed, the basis for a reduced rate of withholding (for example, portfolio interest, treaty benefit, etc. Free irs state tax forms ). Free irs state tax forms In the case of treaty benefits claimed by entities, whether the applicable limitation on benefits statement and the statement that the foreign person derives the income for which treaty benefits are claimed, have been made. Free irs state tax forms The name, address, and TIN (if any) of any other NQI, flow-through entity, or U. Free irs state tax forms S. Free irs state tax forms branch from which the payee will directly receive a payment. Free irs state tax forms Any other information a withholding agent requests to fulfill its reporting and withholding obligations. Free irs state tax forms Alternative procedure. Free irs state tax forms   Under this alternative procedure the NQI can give you the information that allocates each payment to each foreign and U. Free irs state tax forms S. Free irs state tax forms exempt recipient by January 31 following the calendar year of payment, rather than prior to the payment being made as otherwise required. Free irs state tax forms To take advantage of this procedure, the NQI must: (a) inform you, on its withholding statement, that it is using the alternative procedure; and (b) obtain your consent. Free irs state tax forms You must receive the withholding statement with all the required information (other than item 5) prior to making the payment. Free irs state tax forms    This alternative procedure cannot be used for payments to U. Free irs state tax forms S. Free irs state tax forms non-exempt recipients. Free irs state tax forms Therefore, an NQI must always provide you with allocation information for all U. Free irs state tax forms S. Free irs state tax forms non-exempt recipients prior to a payment being made. Free irs state tax forms Pooled withholding information. Free irs state tax forms   If an NQI uses the alternative procedure, it must provide you with withholding rate pool information, as opposed to individual allocation information, prior to the payment of a reportable amount. Free irs state tax forms A withholding rate pool is a payment of a single type of income (as determined by the income categories on Form 1042-S) that is subject to a single rate of withholding. Free irs state tax forms For example, an NQI that has foreign account holders receiving royalties and dividends, both subject to the 15% rate, will provide you with information for two withholding rate pools (one for royalties and one for dividends). Free irs state tax forms The NQI must provide you with the payee specific allocation information (information allocating each payment to each payee) by January 31 following the calendar year of payment. Free irs state tax forms Failure to provide allocation information. Free irs state tax forms   If an NQI fails to provide you with the payee specific allocation information for a withholding rate pool by January 31, you must not apply the alternative procedure to any of the NQI's withholding rate pools from that date forward. Free irs state tax forms You must treat the payees as undocumented and apply the presumption rules, discussed later in Presumption Rules . Free irs state tax forms An NQI is deemed to have f