FormW8ECICertificate of Foreign Person\'s Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States(Rev. October 2021) Department of the Treasury Internal
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8eci form - FAQ
What is the difference between W-8ECI and W-8BEN forms?
A U.S. mayor withholding agent will ask for W8 forms in the case of payment to a foreign income recipient.W8ECI applies if the income is effectively connected income PCI and theforeign recipient will file U.S. tax return to report such income. W8BEN form applies if the income is not ECI in which case a separate withholding tax should be deducted by the withholding agent. Example 1 If a Korean individual performs independent personal service to AU.S. company in the U.S. most likely this is PCI and the Korean individualwould submit W8ECI to the U.S. company. U.S. company should not withhold any tax. Korean individual should report this income on his U.S. tax return and pay tax in the U.S.Example 2 If a Korean individual made loan to a U.S. company most likely this would not be ECI. The Korean individual should submit W8BEN prior to payment of interest. The U.S. company would make final withholding on the interest payment. The withholding tax is 30 but can be reduced to 12 under the KoreaU.S. tax treaty or 0 if it is portfolio interest.
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