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March 4, 2014: Final Form W-8ECI for Income Effectively Connected with U.S. Trade or Business

Foreign Account Tax Compliance Act (FATCA)


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Final form W-8ECI released by the IRS

On March 4, 2014, the IRS released the final Form W-8ECI, “Certificate of Foreign Person's Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States.” The following day, the IRS released the Instructions for the Form. The final Form W-8ECI is nearly identical to the draft form released in July, 2013. The only modification included in the final Form is the removal, in the “date of birth” field of the reference “only complete if you do not have a foreign tax identifying number.” As such, the date of birth is now a required field, even if the foreign tax identifying number is provided.

The new Form W-8ECI has not undergone significant changes from its 2006 version. In summary, the main modifications introduced by the final Form W-8ECI with respect to the 2006 version of the Form are as follows:

  • The addition of line 3 to enter the name of a disregarded entity that is receiving the payment (if applicable);
  • The addition of line 10, “date of birth” field;
  • The removal of gross proceeds language from line 11; and
  • The addition of the 30-day requirement for the beneficial owner to notify the withholding agent of a change of circumstance that makes any certifications on the form incorrect. (This change is consistent with updates to other Forms W-8 and with the requirements specified in the final regulations).

Full article, Instructions for Form W-8ECI and annotated version of the final Form W-8ECI compared to the 2006 version are available for download. For more information please contact a Deloitte FATCA leader or click here.

As used in this document, "Deloitte" means Deloitte Tax LLP, a subsidiary of Deloitte LLP. Please see www.deloitte.com/us/about for a detailed description of the legal structure of Deloitte LLP and its subsidiaries. Certain services may not be available to attest clients under the rules and regulations of public accounting.

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