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Forms W-8BEN and W-9 Compliance in Foreign and U.S. Business Transactions

Webinar: ID# 1014876
Recorded CD
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About This Course:
Under U.S. federal tax law, businesses making certain payments must request a Form W-8BEN or other W-8 (foreign entities or individuals), or a Form W-9 (U.S. taxpayers), bearing certain information about the payee. Otherwise, the payor may have to withhold tax from the payment.

Compliance in this area became more complex when the IRS released two draft forms to replace the former W-8BEN when FATCA rules were issued in Jan. 2013. One was a streamlined W-8BEN for individuals, the other a more complex version for business entities with 25 separate parts and six pages (vs. one now).

With IRS audit activity aggressive in this area, tax professionals must ramp up their knowledge of the evolving Form W-8BEN. Meanwhile, ongoing issues command attention, such as when the forms are required from foreign and U.S. payees and when back-up withholding is or isn't required.

Listen as our panel of experienced tax advisors analyzes the upcoming new Form W-8BEN and provides insights for compliance with W-8BEN and W-9 for U.S. taxpayers.

Outline

I. Terms of new Form W-8BEN draft forms
  1. Form for individuals
    1. Four major changes: country of citizenship, no checkbox to choose entity type, no checkbox for list of swaps, scaled-back section on treaty benefits

  2. Form for entities
    1. Six pages and 25 separate parts
    2. Many new data elements to be validated and possibly stored
    3. Separate checkboxes to indicate status
II. Significant ongoing compliance challenges with W-8BEN and W-9

III. Best practices for validating forms

IV. Current IRS audit imperatives

Benefits

The panel will explore these and other on-point topics:
  • Implications of the new requirement for a foreign tax identifying number.
  • Circumstances that require payor companies to obtain a form from payees or to withhold because they haven't received a valid form.
  • Tactics for performing a line-by-line review to ensure a form is accurate and complete.
  • Red flags for IRS auditors right now when they look at a W-8BEN, W-9 or W-8 pulled from your company's files.
  • Scams involving fake Form W-8BENs.
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Upon completing this seminar, you will be prepared to comply with the latest Form W-8BENs. You will have a more solid background on when back-up withholding is required, how to thoroughly inspect a payee's form, and what to expect when IRS audits address these forms.

The Presenters

Jack Brister, Partner,
Prager Metis CPAs, New York

Mr. Brister specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset protection structures which include foreign trusts, estates and foundations that have a U.S. connection. He also specializes in foreign investment in U.S. real property, and other U.S. assets, pre-immigration planning, U.S. expatriation matters, U.S. persons in receipt of large foreign gifts and inheritances, foreign account compliance and offshore voluntary disclosures.

Professor William H. Byrnes, IV, Associate Dean
Thomas Jefferson School of Law, San Diego

Mr. Byrnes is an international tax professor with more than 20 books and 1,200 articles. He was a Senior Manager, then Associate Director of international tax for Coopers and Lybrand, and has been commissioned by a number of governments on international tax policy, including FATCA. As a tenured law professor then as an associate dean, Mr. Byrnes is well known for developing innovative compliance training programs, having pioneered online tax education 20 years ago.

Alicea Castellanos, Manager,
Prager Metis CPAs, New York

Ms. Castellanos specializes in U.S. tax planning and compliance for foreign individuals with U.S. source income, foreign individuals residing in the U.S., foreign persons investing in U.S. real property, U.S. persons residing abroad and foreign trusts with a United States connection.



Credits Available

This program has been approved for 2.0 CPE hours through Strafford Publications. CPE Credit is available only for the LIVE webcast. Recorded versions do not qualify for credit.

Strafford is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit.

Processing

To obtain CPE credit, attendees must participate in the live event, return an Official Record of Attendance to Strafford affirming their participation (including the CPE code announced during the program), and pay a processing fee of $35 per person.

Credit Confirmation

Strafford will mail a certificate of credit within approximately 2 weeks of receiving an attendee's completed Official Record of Attendance—provided all required conditions have been satisfied.



Delivery

Handout materials and the phone number for live presentations are made available to you 1 day prior to the event via email from the presenter. Copies of the presentations are included with recorded versions.

If you order a recorded version of the webinar, CD's will be mailed out approximately 10 days after the live event. Shipping is included in the price of recorded versions.


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Forms W-8BEN and W-9 Compliance in Foreign and U.S. Business Transactions
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