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Chapter 4 status (fatca status) Form: What You Should Know

Must be the “Owner” of “an entity that is not registered with the Commission and which has a physical presence or principal place of business in the U.S.” (e.g., a C-corporation, a trust, or a partnership) “A corporation that does not have employees is NOT a “qualified business corporation” (Q-Corporation) for FATWA purposes. “An entity is a “qualified business partner of an individual” for FATWA purposes if all the following conditions are met. “A qualified business partner is considered to be the beneficial owner of an entity if it owns the entity through any ownership or controlling interest in the individual. It includes a corporation, a trust, an estate, a partnership, an instrumentality, or a similar entity created by a single individual.” Chapter 7 (FATWA). Taxpayer's filing status How To Enter the Company's Filing Status (FATWA status). Enter “FATWA”. What If the Organization is a Limited Liability Company (LLC)? An LLC is treated as a separate business entity for FATE purposes. A single taxpayer corporation is a qualified business entity. A corporation, trust or estate must file separate forms. The company's FATWA status must be included on the company's Form 1040, U.S. Income Tax Return (Form 1040). If the IRS was authorized to audit such corporation to determine whether it should include its Fatwa status as a reportable entity on Form 1040, the IRS can audit the returns of the taxpayers to make sure they are filing the correct information. C-Corporations Qualifying as Qualified Business Partners For the purposes of FATWA, and to establish the beneficial owner status of an entity that is not a Q-Corporation, an entity is considered its “qualifying business partner” if the following conditions are met. An entity qualifies as a qualifying business partner if it is controlled by the person eligible to have a W-8BEN-E on Form W-8BEN-E. A qualification of a “qualifying business partner” is a requirement that one person does not control another in a manner that adversely affects the interests of the controlled entity. FATWA Requirements When an entity does not meet the qualification requirements of FATWA, the IRS must determine whether it needs to issue a Form W-8BEN-E for such entity in order to file its income tax return.

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