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completing a W-8BEN form (US tax treaty)

Discussion in 'Accounting, Tax & Legal' started by try anything once, 20th Jul, 2009.

  1. try anything once

    try anything once Well-Known Member

    Joined:
    8th Oct, 2008
    Posts:
    117
    Location:
    melb
    I have some iShares ETF shares held by my family trust which has a corporate trustee.

    I received a W-8BEN form to fill in to claim US withholding tax relief. Has anyone filled one of these in before for a family trust with corporate trustee?

    Couple of questions:

    1) Is a family trust typically a "simple" (S) or "complex" (C) trust?

    2) If the registered holder is ABC Pty Ltd as Trustee for Smith Family Trust, is the "Beneficial Owner" the same as the above or is it the Smith Family Trust and therefore ABC Pty Ltd is considered an intermediary and needs to fill in a W-8IMY form?

    3) IF W-8IMY is req'd for ABC, what type of entity is ABC Pty LTD in Q3 of W-8MIY?

    many thanks for any assistance...
     
  2. Superman

    Superman Well-Known Member

    Joined:
    6th Nov, 2007
    Posts:
    343
    Location:
    Gold Coast, QLD
    Yeah - I have had to do a couple of these for clients, however I can't seem to draw the info out of my long term memory at the moment. :confused:

    If you can PDF the form and attach it to a reply or send me a private message I can have a look if you like.
     
  3. Dissed

    Dissed Active Member

    Joined:
    28th Aug, 2008
    Posts:
    34
    Location:
    Sydney, NSW
    I am also struggling with 8BEN, I have filled it 3 times and had it rejected by the registry 3 times, the third attempt was after speaking to the registry's call centre.

    Are you still there Superman? I will appreciate any help.
     
  4. Dissed

    Dissed Active Member

    Joined:
    28th Aug, 2008
    Posts:
    34
    Location:
    Sydney, NSW
    I am also struggling with 8BEN, I have filled it 3 times and had it rejected by the registry 3 times, the third attempt was after speaking to the registry's call centre.

    Are you still there Superman? I will appreciate any help.