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W-8BEN and 1042-S Non-US Resident Withholding and Reclassification
W-8BEN and 1042-S Non-US Resident Withholding and Reclassification
Updated over 3 weeks ago

W-8BEN

The W-8BEN form is essential for foreign individuals to certify their non-U.S. status and claim any applicable tax treaty benefits. Submitting this form is crucial to avoid higher tax withholding rates on income such as dividends and interest. It must be filed by non-resident aliens who receive income from U.S. sources, including dividends, interest, royalties, and other types of income.


Form 1042-S

Form 1042-S is typically issued by March 15th following the close of the previous tax year. This form reports U.S. source income paid to non-resident aliens and details the amount of tax that has been withheld. Certain securities, such as American Depository Receipts (ADRs), are not reportable on the 1042-S. Recipients can use the information on Form 1042-S to report their U.S. income or claim a refund if excessive tax has been withheld.


Income Reclassification

Income reclassification happens when a company reclassifies payments made throughout the year to a different type of income, such as Return of Capital. Reclassification may result in either a refund or a reduced amount of tax withholding for certain securities. This commonly occurs on mutual funds, ETFs, and Real Estate Investment Trusts (REITs). Securities that undergo such reclassifications with over-withheld amounts will be refunded to the customer’s accounts when our clearing firm, Apex Clearing Corporation, receives payment from the IRS. This process may take 3 to 6 months after the 1042-S is available. The 1042-S will reflect the correct withholding amounts along with the reclassification adjustments. Recipients should rely primarily on the information provided on Form 1042-S to file a claim with the IRS for refund requests.


Consolidated 1099

Consolidated 1099 is typically issued by February 15th following the close of the tax year. Recipients of this tax document may use it to request a refund from the IRS when filing their taxes, if applicable.

Please note: Accounts without a valid W-8BEN during the tax year will have limited trading privileges and will be subject to a 30% tax withholding on any cash dividends or credit interests received, as well as a 24% tax withholding on any sale proceeds collected. If there were sales proceeds or tax withholdings during the period of an invalid W-8BEN, and these were not refunded or adjusted to a reduced rate after the W-8BEN was renewed, the information will be generated on a Consolidated 1099 tax document.

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