Taxpayers are encouraged to heed the advice of the IRS and file undisclosed assets with the government through the Overseas Voluntary Disclosure Program while it is still available.

1. (855) 935-5945  info@fremantaxlaw.com  www.fremantaxlaw.com
Filing Your W8-BEN Form

2. Who Is Subject To Filing
Think only United States citizens are
subject to U.S. taxes? Think again. Any
non-U.S. person (or business entity)
who receives income from a U.S.
source is subject to U.S. taxes. In most
cases, this refers to a 30% flat-rate tax
on many different kinds of income
including:
•Qualified interest payments
•Royalties or dividends
•Premiums
•Rent
•Bank deposit interest
•General service compensation
•And more
(855) 935-5945  info@fremantaxlaw.com  www.fremantaxlaw.com

3. Who Is Required To Submit A W8-BEN?
(855) 935-5945  info@fremantaxlaw.com  www.fremantaxlaw.com
The tax is withheld by the person or
business who is the source of the
income and therefore it is their
responsibility to have a W-8BEN
form submitted for each individual
they do a transaction with. The
payor is known as a “withholding
agent” and as such, it is their
responsibility to provide the IRS with
the required information and tax
payment.

4. Reasons To Not Submit A W-8BEN
(855) 935-5945  info@fremantaxlaw.com  www.fremantaxlaw.com
The 30% withholding tax may be
lowered according to country-
specific tax treaty rates, but in
general, ALL payments to non-U.S.
persons must be taxed which would
require the verification and
submission of a W-8BEN form. If
the payee is a citizen of the United
States, then a W-9 form, not a W-8
form, is required for managing
income tax payments.

5. What Is The W-8BEN-E Form?
(855) 935-5945  info@fremantaxlaw.com  www.fremantaxlaw.com
This form is used by foreign entities to
document their status as a foreign benefactor
of income. This is used in place of the W-8BEN
form when income is paid out to a business or
entity rather than a single individual.
If you are unsure whether to file a W-8BEN
form for a foreign individual or business to
whom you paid income last year, please
contact your tax professional. The
requirements are strict and the penalties can
be steep for those who fail to adequately
comply with tax withholding requirements.

6. ABOUT FREEMAN TAX LAW
Freeman Tax Law is a boutique tax law firm with
national exposure equipped to handle all domestic
and international tax law matters. At Freeman Tax
Law, the attorneys and professional staff have vast
experience with foreign tax compliance, international
tax planning, and resolving tax controversies
involving offshore banking matters. Freeman Tax
Law helps taxpayers and foreign entities become in
compliance with laws such as Foreign Account Tax
Compliance Act (FATCA) and Offshore Voluntary
Disclosure Program (OVDP). In addition to handling
complex tax controversies, the Freeman Tax Law
team has extensive expertise in assisting clients with
wealth management and estate planning.

7. Our Locations
International
Locations:
Basel, Switzerland
Bern, Switzerland
Geneva, Switzerland
Zurich, Switzerland
Atlanta, Georgia
Austin, Texas
Birmingham, Michigan
Boston, Massachusetts
Charlotte, North Carolina
Chicago, Illinois
Cleveland, Ohio
Dallas, Texas
Denver, Colorado
Greenwich, Connecticut
Houston, Texas
Irvine, California
Las Vegas, Nevada
Los Angeles, California
Miami, Florida
New York, New York
Palo Alto, California
Phoenix, Arizona
Pleasanton, California
San Antonio, Texas
San Diego, California
San Francisco, California
San Jose, California
Short Hills, New Jersey
Tampa, Florida
Washington DC