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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13608
Experience:  15years with H & R Block. Divisional leader, Instructor
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I am from India. I need to fill the W-8BEN-E form can you

Customer Question

I am from India. I need to fill the W-8BEN-E form can you help ?
JA: The Accountant will know how to help. Please tell me more, so we can help you best.
Customer: Just want to fill the Form. W-8BEN-E
JA: Is there anything else the Accountant should be aware of?
Customer: for the Partnership entity
Submitted: 4 months ago.
Category: Tax
Expert:  Dr. Fiona Chen replied 4 months ago.

Dear Customer,

If you are a foreigner, foreign individual or foreign entities, you may need to use other forms instead of Form W-8BEN-E. Please see the Form Instruction. https://www.irs.gov/pub/irs-pdf/fw8bene.pdf

Please give me a little background on why you think you need to fill out this form, from whom you got the advice that you need to fill out this form, and where the partnership is, and whether it is an US or Indian partnership.

Regards,

Fiona Chen, MPA, Ph.D., CPA, ABV, CFF, CITP

Customer: replied 4 months ago.
Hi,I have attached a file. I need to fill the form as per the requirement given.
Customer: replied 4 months ago.
It is the Indian Partnership.
Customer: replied 4 months ago.
In the attached file.
1) I have checked the Partnership.But i have a some confusion whether i need to Tick the Yes or No Checkbox ?
Expert:  Dr. Fiona Chen replied 4 months ago.

Dear Customer,

Please address the rest of my requests.

Your form is out dated. Please take a look of the link I sent you. It is not only an updated form. On top of it, it has instruction on which form you need to use.

You may be given the wrong form to use.

Is your partnership registered in the U.S. Please read the top of the updated form on which form to use. It is depending on your purpose and entity type. I am not trying to prey into your company's information. But you need to use the right form which is depending on the entity type and purpose.

Regards,

Fiona

Customer: replied 4 months ago.
Ok Fine. But the info i need is. In that form as per my requirement i have ticked the Partnership checkbox.But below there are 2 check boxes mentioning Yes or No. I am in a confusion like what i need to Tick.Mine is Indian registered Partnership Firm.
Customer: replied 4 months ago.
Please let me know the meaning of "Is the Entity a Hybrid Making a Treaty Claim ?"
Expert:  Dr. Fiona Chen replied 4 months ago.

Dear Customer,

Your form is out dated. It was dated Feb. 2014.

Please use the updated form which is dated April 2016.

https://www.irs.gov/pub/irs-pdf/fw8bene.pdf

Regards,

Fiona

Customer: replied 4 months ago.
Ok Fine I will use that.But the info i need is. In that form as per my requirement i have ticked the Partnership checkbox.But below there are 2 check boxes mentioning Yes or No. I am in a confusion like what i need to Tick.Mine is Indian registered Partnership Firm.And Please let me know the meaning of "Is the Entity a Hybrid Making a Treaty Claim ?"
Expert:  Robin D. replied 4 months ago.

Hello

I am a different expert. The first has chosen to opt out and released your question back to the open list.

A hybrid entity is any person (other than an individual) that is treated as fiscally transparent (rather than as a beneficial owner) for purposes of declaring status under the Code but is not treated as fiscally transparent by a country with which the United States has an income tax treaty. Hybrid entity status is relevant for claiming treaty benefits.

To simplify, does India treat your partnership as a pass through for the income?

Foreign partnerships, foreign simple trusts and foreign grantor trusts are not the beneficial owners of income paid to the partnership or trust. The beneficial owners of income paid to a foreign partnership are generally the partners in the partnership, provided that the partner is not itself a partnership, foreign simple or grantor trust, nominee or other agent.

Part I line 5, most are Active NFFE. Complete Part XXV

Then you can skip Part II

Under Part III

Check (a)

If you are claiming a treaty article for no withholding on this payment you need to enter that information and check (b).

Complete Part XXV

Sign and done