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Form W-8BEN-E Minnesota Hennepin: What You Should Know

This article was intended to serve as a starting point, so create your own W-8BEN-E and have a look at it! If you are not sure about which form you should create please check out the link in the “What Forms are W-8 BEN-E” section. Form W-8 BEN-E (certification that an entity is a foreign tax haven for tax purposes) can be used to prove certain types of beneficial ownership in one of the 30 countries listed. It can be used in some tax treaties as well to show that you have assets in a particular country. You will also be required to document the country or tax treaty that you use. Income from real estate or land may qualify as income in a tax treaty and the Form W-8BEN-E helps document your legal status within that country. For example, a corporation that has a real estate or land holding that is not a MUST holding does not have to establish or maintain its legal standing in the United States (as one does with an S Corp) to qualify as a MUST entity. However, if the entity does want to establish or maintain its legal standing in the United States, it must establish or maintain U.S. domicile, and must file a Form 50-F for its United States domicile, or the entity is deemed to have become an S Corp. Form W-8 BEN-E provides a means for an entity to establish the legal residence or domicile of that entity, and establishes the amount of income that can be attributed to the entity. Income from real estate or land may qualify as income in a tax treaty, and the Form W-8BEN-E helps document your legal status within that country. For example, an entity that is not domiciled or incorporated in the U.S. could qualify for tax treaty privileges that are granted to nonresident alien corporations, provided that the entity has assets located in that foreign country. Income from real estate or land owned by nonresident aliens may also qualify as U.S. income for some purposes. Income that qualifies is generally U.S. source income. To establish the foreign source income of an entity, a Form 1040 is required. The Form 1040 determines the foreign source income attributable to the US corporation.

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