We have been told we must obtain original IRS forms W-8 (all types) to keep on file, that copies or scans are not acceptable. I am receiving a great deal of push back from my superiors, as well as from vendors. I cannot find this in any IRS documention. Can you confirm that the original "wet-signature" form is required, and tell me where I can find documentation telling me so? Thank you.
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Hi - I am awaiting an answer. Thanks.
Looking for the cite in the regs for your answer. I will be a moment...
thank you
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I am seeing references to requirements that the related W-8 forms require original signatures, but nothing specific to the W-8 yet. Bear with me...PDtax41087.7328232292
Treas. Reg. 1.1441-1(c)(16) is the regulation section defining a properly completed form W-8. I am looking at that now...
IRS has a list of frequently asked questions for Qualified Intermediaries and documentation requirements. I will pull that up, since it addresses signatures and other forms of support needed to substantiate any non-original signatures...
http://www.irs.gov/businesses/international/article/0,,id=139238,00.html#4 is the link to their treatise...
in that treatise, IRS will accept photocopies if they can be verified. A note of the narrative follows: QUESTION 11: What type of documentary evidence may a QI obtain from its account holders? ANSWER 11: From its direct account holders, a QI must obtain one of the types of documentary evidence listed in the applicable Attachment to its QI Agreement. From its indirect account holders, a QI must obtain documentary evidence in accordance with Treas. Reg. §1.1441-6(c) or §1.6059-5(c)(4). QUESTION 12: For purposes of section 5 of the Attachment to the QI Agreement, what is an acceptable certification for a photocopy of documentary evidence mailed to a QI by an account holder? ANSWER 12: The IRS will accept the forms of certification commonly used in the local country to certify the authenticity of a copy of an original document if a third party with official authority is required to certify that the photocopy is true and correct. However, self-certifications are not acceptable even if they are the common practice in the local jurisdiction. Also, from the same narrative: QUESTION 17: Must the account holder sign and date the treaty statement? ANSWER 17: Yes. An account holder that is required to provide a treaty statement must sign and date the treaty statement. If the account holder providing the treaty statement has not dated it, the QI may date the treaty statement on the date the QI receives it and measure the validity period from that date. QUESTION 18: Can a treaty statement be provided by fax or email? ANSWER 18: An account holder cannot submit the treaty statement by fax or email.
Expert again...
My online resources are not showing me the reg sections I am looking for. The IRS review seems to imply that you can accept non-wet signatures for the W-8 if you can substantiate the authenticity of the signature. Since that seems to be up to local custom, and would require agreement by an IRS representative, I believe the wet signature requirement is just to insure that the defense of an e-signature is not required.
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