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What happens if the W-8 BEN form on my account expires?

Updated over a week ago

As a foreign investor, it is crucial to understand the implications of the expiration of the W-8BEN form on your account. This form is essential for non-U.S. residents as it impacts how U.S. sources of income are taxed.

Increased Withholding Taxes:

The primary consequence of an expired W-8BEN form is the 30% tax withholding on dividends and credit interest, and 24% withholding on sales proceeds.

Mandatory Compliance:

The Internal Revenue Service (IRS) requires all foreign investors to complete the W-8BEN form to declare their tax status. This form must be updated every three years. Failure to update it can lead to compliance issues and potential penalties.

Notification and Renewal Process:

Firstrade issues multiple renewal reminders when the W-8BEN is nearing expiration. It is important to respond promptly to these notifications and submit a new W-8BEN form to ensure continuous tax compliance and favorable treaty rates. To renew the form, simply log into your account, navigate to 'Accounts → Profile' and follow the renewal steps.

Impact on Transactions:

An expired W8Ben will limit trading privileges.

Increased Withholding Taxes:

The primary consequence of an expired W-8BEN form is the 30% tax withholding on dividends and credit interest, and 24% backup withholding on sales proceeds. To avoid the 24% backup withholding rate, please ensure your W‑8BEN form is up to date. W‑8BEN forms expire after three calendar years, and you can view the Last Filed and Renew By dates for your current form in your account under Accounts → Profile. We also notify customers by email before their W‑8BEN expires, so there is sufficient time to renew it.

To request a refund of U.S. backup withholding, you must file directly with the IRS. This requires submitting IRS Form 1040‑NR along with the tax document 1099 Consolidated as proof of withholding. NRA withholding refunds may require a 1042-S. We recommend contacting a tax advisor or accountant for guidance with this process. Additional details are available at irs.gov.

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