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Chula Vista California online Form W-8BEN-E: What You Should Know

The beneficial owner for W-8BEN must either be a resident of the United States; be a U.S. shareholder of a U.S. taxpayer, partnership or S corporation; or be a U.S. person who holds a nonresident alien (NRA) tax exemption license. The term “beneficial owner” means those who owned the property at any time on the earlier date than those that own on the date of filing the tax return. In order to be considered a beneficial owner, the entity must have owned the property (other than a rental of or interest in) at any time on the earlier date than the beneficial ownership of the property. The terms “resident of the United States,” “resident of a non-resident foreign country” and “resident of any foreign country” have different meanings in Section 4331 of the Internal Revenue Code. A foreign person owning property “in the United States” or “holding a non-resident alien (NRA) tax-exempt license” does not satisfy the definition of a beneficial owner. If the beneficial owner was a U.S. person for a period of 365 days or more, then, in order to be considered a beneficial owner, the U.S. person must have owned the property (other than a rental of or interest in) at any time on the earlier date than the beneficial ownership of the property. If the beneficial owner was a shareholder of a corporation or partnership that owned the property for a period of 365 days or more, then, in order to be considered a beneficial owner, the corporation or partnership must have owned the property (other than a rental of or interest in) at any time on the earlier date than the beneficial ownership of the property. Likewise, if the beneficial owner lived in a foreign country for a period of 365 days or more on the earlier date than the beneficial ownership of the property, then, in order to be considered a beneficial owner, the period of U.S. residency or non-residency for the beneficial owner must equal the period of ownership on the earlier date.

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