W-8 vs W-9 Forms: decoding the difference

The world of taxation can often feel like a maze of letters and numbers. Among the most commonly encountered yet misunderstood forms are the W-8 and W-9.

These forms play a crucial role in tax compliance for both US and non-US taxpayers.

In this guide, we'll dissect the W-8 vs. W-9 puzzle, providing you with an in-depth understanding of their purposes, differences, and the appropriate scenarios for each.

What is Form W-9 ?

The W-9 form, officially titled "Request for Taxpayer Identification Number and Certification," is a staple for US taxpayers. This includes US citizens, US businesses, and resident aliens.

The form serves as a means to provide their Taxpayer Identification Number (TIN) to the entity from which they receive income.

The W-9 form is more than just a document; it's a declaration of the taxpayer's status. It's a critical tool for entities making payments to US taxpayers. 

The form collects essential information such as the taxpayer's name, address, and TIN, which can be a Social Security Number (SSN) or an Employer Identification Number (EIN).

The W-9 form is also used by banks and other financial institutions to report interest, dividends, and other types of income earned by their customers. 

What is Form W-8?

The W-8 form series is a suite of forms used by non-US taxpayers. These forms are used to certify foreign status and, if applicable, to claim tax treaty benefits.

The W-8 form series includes W-8BEN, W-8BEN-E, W-8ECI, W-8EXP, and W-8IMY, each serving a specific purpose depending on the taxpayer's circumstances.

For instance, the W-8BEN form is used by foreign individuals to claim tax treaty benefits or certify their foreign status. The W-8BEN-E form is used by foreign entities for the same purpose.

The W-8ECI form is used by foreign entities to claim that they are effectively connected with a US trade or business.

What are the 5 Types of Form W-8 for?

The W-8 form series includes five different forms, each with a specific purpose:

1. W-8BEN: Used by foreign individuals to certify foreign status and claim tax treaty benefits.

This form is particularly important for non-US individuals who are receiving income from a US source, such as dividends, royalties, or compensation for services.

By filling out this form, foreign individuals can potentially reduce the amount of tax withheld from their US income.

2. W-8BEN-E: Used by foreign entities for the same purposes as the W-8BEN.

This form is more complex than the W-8BEN and includes sections for entities to claim tax treaty benefits, certify their status under FATCA, and provide info about their substantial US owners.

3. W-8ECI: Used by foreign entities to certify that they are effectively connected with a US trade or business.

This means that the income they are receiving is connected with a US trade or business, and they are filing a US tax return to report that income.

4. W-8EXP: Used by foreign governments, international organizations, foreign central banks of issue, foreign tax-exempt organizations, foreign private foundations, or governments of US possessions to certify their status and claim tax treaty benefits.

This form is used by these entities to claim an exemption from withholding on certain types of income they receive from the US

5. W-8IMY: Used by foreign intermediaries and foreign flow-through entities.

This form is used by entities that are acting as intermediaries between a US withholding agent and a foreign person, or entities that are receiving income on behalf of their owners or beneficiaries.

The W-8IMY allows these entities to provide information about the persons receiving the income, so the correct amount of tax can be withheld.

NB! Each of these forms serves a unique purpose and is used under different circumstances. It's important to understand which form is appropriate for your situation to ensure accurate tax reporting and compliance.

W-8 vs. W-9: the key differences

Having defined what W-8 and W-9 forms are, let's delve into the key differences between them:

When to use which form?

The choice between W-8 and W-9 forms depends on the taxpayer's status and circumstances:

US taxpayers

If you're a US taxpayer, including US citizens, US businesses, and resident aliens, you'll use the W-9 form.

This form is also used by US taxpayers who are independent contractors or freelancers. 

Non-US taxpayers

If you're a non-US taxpayer, you'll use one of the forms in the W-8 series. The specific form you'll use depends on your circumstances.

For instance, if you're a foreign individual receiving income from US sources, you'll likely use the W-8BEN form. If you're a foreign entity in the same situation, you'll use the W-8BEN-E form.

How to fill in each form?

Filling out these forms can be a daunting task, but with the right guidance, it can be simplified:

1. Filling in Form W-9

The W-9 form is relatively straightforward. It requires your name, business name (if different), federal tax classification, address, and TIN.

If you're an individual, your TIN is your SSN. If you're a business, it's your EIN.

Additionally, you need to certify that you are not subject to backup withholding and that you are a US citizen or other US person.

NB! Once completed, the form is given to the requester, not sent to the IRS.

Form W-9 preview

 

 

2. Form W-8 series

Filling out a W-8 form can be more complex due to the different types of W-8 forms. Each form has its own set of instructions.

For instance:

• W-8BEN: This form requires information like your name, country of citizenship, permanent residence address, and foreign TIN. You also need to claim tax treaty benefits if applicable.
• W-8BEN-E: This form is similar to the W-8BEN but is used by entities instead of individuals. It requires additional information about the entity's FATCA status and any applicable tax treaty benefits.
• W-8ECI: This form requires the foreign entity's name, country of organization, and the type of income for which the form is being provided. The entity must also provide a statement that the income is effectively connected with the conduct of a trade or business in the US.
• W-8EXP: It requires the entity's name, country of organization, and the type of income for which the form is being provided. The entity must also certify its status as a foreign government, international organization, or other foreign tax-exempt entity.
• W-8IMY: It requires the entity's name, country of organization, and the type of income for which the form is being provided. The entity must also provide information about the beneficial owners of the income.

NB! Remember, these forms are not sent to the IRS. Instead, they are given to the requester who may need to withhold taxes from your income.

Form W-8BEN preview

 

 

Additional considerations

While the W-8 and W-9 forms are critical, they are just one piece of the tax puzzle. It's important to remember that these forms do not replace the need for an annual tax return.

They are part of the process of ensuring that the correct amount of tax is withheld from your income.

Moreover, the tax laws and regulations are complex and change frequently. It's always a good idea to consult with a tax pro to ensure you are fully compliant and taking advantage of any potential tax benefits.

Bottom Line

Whether you're a US taxpayer or a non-US taxpayer, knowing which form to use can save you a lot of trouble down the line.

Remember, when it comes to taxes, knowledge is power. Stay informed, stay compliant, and if you're ever in doubt, don't hesitate to seek professional advice. For more tax tips and advice get in touch with our team of tax experts.