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According to FATCA, a 30% withholding is possible for certain

kinds of payments if FATCA...
According to FATCA, a 30% withholding is possible for certain kinds of payments if FATCA rules are not observed. Doesn't this come into conflict with International Tax Treaties regarding FDAP income that allows lower percentages of withholding or even zero withholding?
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Answered in 4 minutes by:
8/3/2012
Lev
Lev, Tax Advisor
Category: Tax
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LEV :

Hi and welcome to Just Answer!
International Tax Treaties override the tax laws. If a specific Tax Treaty allows lower withholding or eliminates withholding - that will be in effect. So there is no conflict. There are special procedures to claim tax treaty benefits. Generally – the taxpayer will provide signed form W8BEN to the payer as a way to claim tax treaty benefits.


www.irs.gov/pub/irs-pdf/fw8ben.pdf

LEV :

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Be sure to ask for clarification if needed.

Lev
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