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Free taxes filing Publication 515 - Additional Material Prev  Up  Next   Home   More Online Publications
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Understanding Your CP285 Notice

CP285 notifies BMF taxpayers the reason their Form 1128, Application To Adopt, Change, or Retain a Tax Year, was denied.


What you need to do

Continue filing your annual income tax return on the tax year you have historically used. If you are a new entity, use the tax year assigned when you received the notice of EIN assignment (CP575, 576, etc.).


You may want to

Submit a newly completed, timely Form 1128 for next tax year.

 

 

Page Last Reviewed or Updated: 12-Feb-2014

How to get help

  • Call the 1-800 number listed on the top right corner of your notice.
  • Authorize someone (e.g., accountant) to contact the IRS on your behalf using Form 2848.
  • See if you qualify for help from a Low Income Taxpayer Clinic.
     

The Free Taxes Filing

Free taxes filing Publication 515 - Main Content Table of Contents Withholding of TaxWithholding Agent Withholding and Reporting Obligations Persons Subject to NRA WithholdingIdentifying the Payee Foreign Persons DocumentationBeneficial Owners Foreign Intermediaries and Foreign Flow-Through Entities Standards of Knowledge Presumption Rules Income Subject to NRA WithholdingSource of Income Fixed or Determinable Annual or Periodical Income (FDAP) Withholding on Specific IncomeEffectively Connected Income Income Not Effectively Connected Pay for Personal Services Performed Artists and Athletes (Income Codes 42 and 43) Other Income Foreign Governments and Certain Other Foreign Organizations U. Free taxes filing S. Free taxes filing Taxpayer Identification NumbersUnexpected payment. Free taxes filing Depositing Withheld TaxesWhen Deposits Are Required Adjustment for Overwithholding Returns RequiredJoint owners. Free taxes filing Electronic reporting. Free taxes filing Partnership Withholding on Effectively Connected IncomeWho Must Withhold Foreign Partner Publicly Traded Partnerships U. Free taxes filing S. Free taxes filing Real Property InterestForeign corporations. Free taxes filing Domestic corporations. Free taxes filing U. Free taxes filing S. Free taxes filing real property holding corporations. Free taxes filing Partnerships. Free taxes filing Trusts and estates. Free taxes filing Domestically controlled QIE. Free taxes filing Late filing of certifications or notices. Free taxes filing Certifications. Free taxes filing Liability of agent or qualified substitute. Free taxes filing Reporting and Paying the Tax Withholding Certificates Tax Treaty TablesTable 1 Table 2 Table 3 How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). Free taxes filing Withholding of Tax In most cases, a foreign person is subject to U. Free taxes filing S. Free taxes filing tax on its U. Free taxes filing S. Free taxes filing source income. Free taxes filing Most types of U. Free taxes filing S. Free taxes filing source income received by a foreign person are subject to U. Free taxes filing S. Free taxes filing tax of 30%. Free taxes filing A reduced rate, including exemption, may apply if there is a tax treaty between the foreign person's country of residence and the United States. Free taxes filing The tax is generally withheld (NRA withholding) from the payment made to the foreign person. Free taxes filing The term “NRA withholding” is used in this publication descriptively to refer to withholding required under sections 1441, 1442, and 1443 of the Internal Revenue Code. Free taxes filing In most cases, NRA withholding describes the withholding regime that requires withholding on a payment of U. Free taxes filing S. Free taxes filing source income. Free taxes filing Payments to foreign persons, including nonresident alien individuals, foreign entities, and governments, may be subject to NRA withholding. Free taxes filing NRA withholding does not include withholding under section 1445 of the Code (see U. Free taxes filing S. Free taxes filing Real Property Interest, later) or under section 1446 of the Code (see Partnership Withholding on Effectively Connected Income , later). Free taxes filing A withholding agent (defined next) is the person responsible for withholding on payments made to a foreign person. Free taxes filing However, a withholding agent that can reliably associate the payment with documentation (discussed later) from a U. Free taxes filing S. Free taxes filing person is not required to withhold. Free taxes filing In addition, a withholding agent may apply a reduced rate of withholding (including an exemption from withholding) if it can reliably associate the payment with documentation from a beneficial owner that is a foreign person entitled to a reduced rate of withholding. Free taxes filing Withholding Agent You are a withholding agent if you are a U. Free taxes filing S. Free taxes filing or foreign person that has control, receipt, custody, disposal, or payment of any item of income of a foreign person that is subject to withholding. Free taxes filing A withholding agent may be an individual, corporation, partnership, trust, association, nominee (under section 1446 of the Code), or any other entity, including any foreign intermediary, foreign partnership, or U. Free taxes filing S. Free taxes filing branch of certain foreign banks and insurance companies. Free taxes filing You may be a withholding agent even if there is no requirement to withhold from a payment or even if another person has withheld the required amount from the payment. Free taxes filing Although several persons may be withholding agents for a single payment, the full tax is required to be withheld only once. Free taxes filing In most cases, the U. Free taxes filing S. Free taxes filing person who pays an amount subject to NRA withholding is the person responsible for withholding. Free taxes filing However, other persons may be required to withhold. Free taxes filing For example, a payment made by a flow-through entity or nonqualified intermediary that knows, or has reason to know, that the full amount of NRA withholding was not done by the person from which it receives a payment is required to do the appropriate withholding since it also falls within the definition of a withholding agent. Free taxes filing In addition, withholding must be done by any qualified intermediary, withholding foreign partnership, or withholding foreign trust in accordance with the terms of its withholding agreement, discussed later. Free taxes filing Liability for tax. Free taxes filing   As a withholding agent, you are personally liable for any tax required to be withheld. Free taxes filing This liability is independent of the tax liability of the foreign person to whom the payment is made. Free taxes filing If you fail to withhold and the foreign payee fails to satisfy its U. Free taxes filing S. Free taxes filing tax liability, then both you and the foreign person are liable for tax, as well as interest and any applicable penalties. Free taxes filing   The applicable tax will be collected only once. Free taxes filing If the foreign person satisfies its U. Free taxes filing S. Free taxes filing tax liability, you are not liable for the tax but remain liable for any interest and penalties for failure to withhold. Free taxes filing Determination of amount to withhold. Free taxes filing   You must withhold on the gross amount subject to NRA withholding. Free taxes filing You cannot reduce the gross amount by any deductions. Free taxes filing However, see Scholarships and Fellowship Grants and Pay for Personal Services Performed , later, for when a deduction for a personal exemption may be allowed. Free taxes filing   If the determination of the source of the income or the amount subject to tax depends on facts that are not known at the time of payment, you must withhold an amount sufficient to ensure that at least 30% of the amount subsequently determined to be subject to withholding is withheld. Free taxes filing In no case, however, should you withhold more than 30% of the total amount paid. Free taxes filing Or, you may make a reasonable estimate of the amount from U. Free taxes filing S. Free taxes filing sources and put a corresponding part of the amount due in escrow until the amount from U. Free taxes filing S. Free taxes filing sources can be determined, at which time withholding becomes due. Free taxes filing When to withhold. Free taxes filing   Withholding is required at the time you make a payment of an amount subject to withholding. Free taxes filing A payment is made to a person if that person realizes income, whether or not there is an actual transfer of cash or other property. Free taxes filing A payment is considered made to a person if it is paid for that person's benefit. Free taxes filing For example, a payment made to a creditor of a person in satisfaction of that person's debt to the creditor is considered made to the person. Free taxes filing A payment also is considered made to a person if it is made to that person's agent. Free taxes filing   A U. Free taxes filing S. Free taxes filing partnership should withhold when any distributions that include amounts subject to withholding are made. Free taxes filing However, if a foreign partner's distributive share of income subject to withholding is not actually distributed, the U. Free taxes filing S. Free taxes filing partnership must withhold on the foreign partner's distributive share of the income on the earlier of the date that a Schedule K-1 (Form 1065) is provided or mailed to the partner or the due date for furnishing that schedule. Free taxes filing If the distributable amount consists of effectively connected income, see Partnership Withholding on Effectively Connected Income , later. Free taxes filing A U. Free taxes filing S. Free taxes filing trust is required to withhold on the amount includible in the gross income of a foreign beneficiary to the extent the trust's distributable net income consists of an amount subject to withholding. Free taxes filing To the extent a U. Free taxes filing S. Free taxes filing trust is required to distribute an amount subject to withholding but does not actually distribute the amount, it must withhold on the foreign beneficiary's allocable share at the time the income is required to be reported on Form 1042-S. Free taxes filing Withholding and Reporting Obligations You are required to report payments subject to NRA withholding on Form 1042-S and to file a tax return on Form 1042. Free taxes filing (See Returns Required , later. Free taxes filing ) An exception from reporting may apply to individuals who are not required to withhold from a payment and who do not make the payment in the course of their trade or business. Free taxes filing Form 1099 reporting and backup withholding. Free taxes filing    You also may be responsible as a payer for reporting on Form 1099 payments made to a U. Free taxes filing S. Free taxes filing person. Free taxes filing You must withhold 28% (backup withholding rate) from a reportable payment made to a U. Free taxes filing S. Free taxes filing person that is subject to Form 1099 reporting if any of the following apply. Free taxes filing The U. Free taxes filing S. Free taxes filing person has not provided its taxpayer identification number (TIN) in the manner required. Free taxes filing The IRS notifies you that the TIN furnished by the payee is incorrect. Free taxes filing There has been a notified payee underreporting. Free taxes filing There has been a payee certification failure. Free taxes filing In most cases, a TIN must be provided by a U. Free taxes filing S. Free taxes filing non-exempt recipient on Form W-9, Request for Taxpayer Identification Number and Certification. Free taxes filing A payer files a tax return on Form 945, Annual Return of Withheld Federal Income Tax, for backup withholding. Free taxes filing You may be required to file Form 1099 and, if appropriate, backup withhold, even if you do not make the payments directly to that U. Free taxes filing S. Free taxes filing person. Free taxes filing For example, you are required to report income paid to a foreign intermediary or flow-through entity that collects for a U. Free taxes filing S. Free taxes filing person subject to Form 1099 reporting. Free taxes filing See Identifying the Payee , later, for more information. Free taxes filing Also see Section S. Free taxes filing Special Rules for Reporting Payments Made Through Foreign Intermediaries and Foreign Flow-Through Entities on Form 1099 in the General Instructions for Certain Information Returns. Free taxes filing Foreign persons who provide Form W-8BEN, Form W-8ECI, or Form W-8EXP (or applicable documentary evidence) are exempt from backup withholding and Form 1099 reporting. Free taxes filing Wages paid to employees. Free taxes filing   If you are the employer of a nonresident alien, you generally must withhold taxes at graduated rates. Free taxes filing See Pay for Personal Services Performed , later. Free taxes filing Effectively connected income by partnerships. Free taxes filing   A withholding agent that is a partnership (whether U. Free taxes filing S. Free taxes filing or foreign) is also responsible for withholding on its income effectively connected with a U. Free taxes filing S. Free taxes filing trade or business that is allocable to foreign partners. Free taxes filing See Partnership Withholding on Effectively Connected Income , later, for more information. Free taxes filing U. Free taxes filing S. Free taxes filing real property interest. Free taxes filing   A withholding agent also may be responsible for withholding if a foreign person transfers a U. Free taxes filing S. Free taxes filing real property interest to the agent, or if it is a corporation, partnership, trust, or estate that distributes a U. Free taxes filing S. Free taxes filing real property interest to a shareholder, partner, or beneficiary that is a foreign person. Free taxes filing See U. Free taxes filing S. Free taxes filing Real Property Interest , later. Free taxes filing Persons Subject to NRA Withholding NRA withholding applies only to payments made to a payee that is a foreign person. Free taxes filing It does not apply to payments made to U. Free taxes filing S. Free taxes filing persons. Free taxes filing Usually, you determine the payee's status as a U. Free taxes filing S. Free taxes filing or foreign person based on the documentation that person provides. Free taxes filing See Documentation , later. Free taxes filing However, if you have received no documentation or you cannot reliably associate all or a part of a payment with documentation, then you must apply certain presumption rules, discussed later. Free taxes filing Identifying the Payee In most cases, the payee is the person to whom you make the payment, regardless of whether that person is the beneficial owner of the income. Free taxes filing However, there are situations in which the payee is a person other than the one to whom you actually make a payment. Free taxes filing U. Free taxes filing S. Free taxes filing agent of foreign person. Free taxes filing   If you make a payment to a U. Free taxes filing S. Free taxes filing person and you have actual knowledge that the U. Free taxes filing S. Free taxes filing person is receiving the payment as an agent of a foreign person, you must treat the payment as made to the foreign person. Free taxes filing However, if the U. Free taxes filing S. Free taxes filing person is a financial institution, you may treat the institution as the payee provided you have no reason to believe that the institution will not comply with its own obligation to withhold. Free taxes filing   If the payment is not subject to NRA withholding (for example, gross proceeds from the sales of securities), you must treat the payment as made to a U. Free taxes filing S. Free taxes filing person and not as a payment to a foreign person. Free taxes filing You may be required to report the payment on Form 1099 and, if applicable, backup withhold. Free taxes filing Disregarded entities. Free taxes filing   A business entity that is not a corporation and that has a single owner may be disregarded as an entity separate from its owner (a disregarded entity) for federal tax purposes. Free taxes filing The payee of a payment made to a disregarded entity is the owner of the entity. Free taxes filing   If the owner of the entity is a foreign person, you must apply NRA withholding unless you can treat the foreign owner as a beneficial owner entitled to a reduced rate of withholding. Free taxes filing   If the owner is a U. Free taxes filing S. Free taxes filing person, you do not apply NRA withholding. Free taxes filing However, you may be required to report the payment on Form 1099 and, if applicable, backup withhold. Free taxes filing You may assume that a foreign entity is not a disregarded entity unless you can reliably associate the payment with documentation provided by the owner or you have actual knowledge or reason to know that the foreign entity is a disregarded entity. Free taxes filing Flow-Through Entities The payees of payments (other than income effectively connected with a U. Free taxes filing S. Free taxes filing trade or business) made to a foreign flow-through entity are the owners or beneficiaries of the flow-through entity. Free taxes filing This rule applies for purposes of NRA withholding and for Form 1099 reporting and backup withholding. Free taxes filing Income that is, or is deemed to be, effectively connected with the conduct of a U. Free taxes filing S. Free taxes filing trade or business of a flow-through entity is treated as paid to the entity. Free taxes filing All of the following are flow-through entities. Free taxes filing A foreign partnership (other than a withholding foreign partnership). Free taxes filing A foreign simple or foreign grantor trust (other than a withholding foreign trust). Free taxes filing A fiscally transparent entity receiving income for which treaty benefits are claimed. Free taxes filing See Fiscally transparent entity , later. Free taxes filing In most cases, you treat a payee as a flow-through entity if it provides you with a Form W-8IMY (see Documentation , later) on which it claims such status. Free taxes filing You also may be required to treat the entity as a flow-through entity under the presumption rules, discussed later. Free taxes filing You must determine whether the owners or beneficiaries of a flow-through entity are U. Free taxes filing S. Free taxes filing or foreign persons, how much of the payment relates to each owner or beneficiary, and, if the owner or beneficiary is foreign, whether a reduced rate of NRA withholding applies. Free taxes filing You make these determinations based on the documentation and other information (contained in a withholding statement) that is associated with the flow-through entity's Form W-8IMY. Free taxes filing If you do not have all of the information that is required to reliably associate a payment with a specific payee, you must apply the presumption rules. Free taxes filing See Documentation and Presumption Rules , later. Free taxes filing Withholding foreign partnerships and withholding foreign trusts are not flow-through entities. Free taxes filing Foreign partnerships. Free taxes filing    A foreign partnership is any partnership that is not organized under the laws of any state of the United States or the District of Columbia or any partnership that is treated as foreign under the income tax regulations. Free taxes filing If a foreign partnership is not a withholding foreign partnership, the payees of income are the partners of the partnership, provided the partners are not themselves a flow-through entity or a foreign intermediary. Free taxes filing However, the payee is the partnership itself if the partnership is claiming treaty benefits on the basis that it is not fiscally transparent and that it meets all the other requirements for claiming treaty benefits. Free taxes filing If a partner is a foreign flow-through entity or a foreign intermediary, you apply the payee determination rules to that partner to determine the payees. Free taxes filing Example 1. Free taxes filing A nonwithholding foreign partnership has three partners: a nonresident alien individual; a foreign corporation; and a U. Free taxes filing S. Free taxes filing citizen. Free taxes filing You make a payment of U. Free taxes filing S. Free taxes filing source interest to the partnership. Free taxes filing It gives you a Form W-8IMY with which it associates Form W-8BEN from the nonresident alien; Form W-8BEN from the foreign corporation; and Form W-9 from the U. Free taxes filing S. Free taxes filing citizen. Free taxes filing The partnership also gives you a complete withholding statement that enables you to associate a part of the interest payment to each partner. Free taxes filing You must treat all three partners as the payees of the interest payment as if the payment were made directly to them. Free taxes filing Report the payment to the nonresident alien and the foreign corporation on Forms 1042-S. Free taxes filing Report the payment to the U. Free taxes filing S. Free taxes filing citizen on Form 1099-INT. Free taxes filing Example 2. Free taxes filing A nonwithholding foreign partnership has two partners: a foreign corporation and a nonwithholding foreign partnership. Free taxes filing The second partnership has two partners, both nonresident alien individuals. Free taxes filing You make a payment of U. Free taxes filing S. Free taxes filing source interest to the first partnership. Free taxes filing It gives you a valid Form W-8IMY with which it associates a Form W-8BEN from the foreign corporation and a Form W-8IMY from the second partnership. Free taxes filing In addition, Forms W-8BEN from the partners are associated with the Form W-8IMY from the second partnership. Free taxes filing The Forms W-8IMY from the partnerships have complete withholding statements associated with them. Free taxes filing Because you can reliably associate a part of the interest payment with the Form W-8BEN provided by the foreign corporation and the Forms W-8BEN provided by the nonresident alien individual partners as a result of the withholding statements, you must treat them as the payees of the interest. Free taxes filing Example 3. Free taxes filing You make a payment of U. Free taxes filing S. Free taxes filing source dividends to a withholding foreign partnership. Free taxes filing The partnership has two partners, both foreign corporations. Free taxes filing You can reliably associate the payment with a valid Form W-8IMY from the partnership on which it represents that it is a withholding foreign partnership. Free taxes filing You must treat the partnership as the payee of the dividends. Free taxes filing Foreign simple and grantor trust. Free taxes filing   A trust is foreign unless it meets both of the following tests. Free taxes filing A court within the United States is able to exercise primary supervision over the administration of the trust. Free taxes filing One or more U. Free taxes filing S. Free taxes filing persons have the authority to control all substantial decisions of the trust. Free taxes filing   In most cases, a foreign simple trust is a foreign trust that is required to distribute all of its income annually. Free taxes filing A foreign grantor trust is a foreign trust that is treated as a grantor trust under sections 671 through 679 of the Code. Free taxes filing   The payees of a payment made to a foreign simple trust are the beneficiaries of the trust. Free taxes filing The payees of a payment made to a foreign grantor trust are the owners of the trust. Free taxes filing However, the payee is the foreign simple or grantor trust itself if the trust is claiming treaty benefits on the basis that it is not fiscally transparent and that it meets all the other requirements for claiming treaty benefits. Free taxes filing If the beneficiaries or owners are themselves flow-through entities or foreign intermediaries, you apply the payee determination rules to that beneficiary or owner to determine the payees. Free taxes filing Example. Free taxes filing A foreign simple trust has three beneficiaries: two nonresident alien individuals and a U. Free taxes filing S. Free taxes filing citizen. Free taxes filing You make a payment of interest to the foreign trust. Free taxes filing It gives you a Form W-8IMY with which it associates Forms W-8BEN from the nonresident aliens and a Form W-9 from the U. Free taxes filing S. Free taxes filing citizen. Free taxes filing The trust also gives you a complete withholding statement that enables you to associate a part of the interest payment with the forms provided by each beneficiary. Free taxes filing You must treat all three beneficiaries as the payees of the interest payment as if the payment were made directly to them. Free taxes filing Report the payment to the nonresident aliens on Forms 1042-S. Free taxes filing Report the payment to the U. Free taxes filing S. Free taxes filing citizen on Form 1099-INT. Free taxes filing Fiscally transparent entity. Free taxes filing   If a reduced rate of withholding under an income tax treaty is claimed, a flow-through entity includes any entity in which the interest holder must treat the entity as fiscally transparent. Free taxes filing The determination of whether an entity is fiscally transparent is made on an item of income basis (that is, the determination is made separately for interest, dividends, royalties, etc. Free taxes filing ). Free taxes filing The interest holder in an entity makes the determination by applying the laws of the jurisdiction where the interest holder is organized, incorporated, or otherwise considered a resident. Free taxes filing An entity is considered to be fiscally transparent for the income to the extent the laws of that jurisdiction require the interest holder to separately take into account on a current basis the interest holder's share of the income, whether or not distributed to the interest holder, and the character and source of the income to the interest holder are determined as if the income was realized directly from the source that paid it to the entity. Free taxes filing Subject to the standards of knowledge rules discussed later, you generally make the determination that an entity is fiscally transparent based on a Form W-8IMY provided by the entity. Free taxes filing   The payees of a payment made to a fiscally transparent entity are the interest holders of the entity. Free taxes filing Example. Free taxes filing Entity A is a business organization organized under the laws of country X that has an income tax treaty in force with the United States. Free taxes filing A has two interest holders, B and C. Free taxes filing B is a corporation organized under the laws of country Y. Free taxes filing C is a corporation organized under the laws of country Z. Free taxes filing Both countries Y and Z have an income tax treaty in force with the United States. Free taxes filing A receives royalty income from U. Free taxes filing S. Free taxes filing sources that is not effectively connected with the conduct of a trade or business in the United States. Free taxes filing For U. Free taxes filing S. Free taxes filing income tax purposes, A is treated as a partnership. Free taxes filing Country X treats A as a partnership and requires the interest holders in A to separately take into account on a current basis their respective shares of the income paid to A even if the income is not distributed. Free taxes filing The laws of country X provide that the character and source of the income to A's interest holders are determined as if the income was realized directly from the source that paid it to A. Free taxes filing Accordingly, A is fiscally transparent in its jurisdiction, country X. Free taxes filing B and C are not fiscally transparent under the laws of their respective countries of incorporation. Free taxes filing Country Y requires B to separately take into account on a current basis B's share of the income paid to A, and the character and source of the income to B is determined as if the income was realized directly from the source that paid it to A. Free taxes filing Accordingly, A is fiscally transparent for that income under the laws of country Y, and B is treated as deriving its share of the U. Free taxes filing S. Free taxes filing source royalty income for purposes of the U. Free taxes filing S. Free taxes filing -Y income tax treaty. Free taxes filing Country Z, on the other hand, treats A as a corporation and does not require C to take into account its share of A's income on a current basis whether or not distributed. Free taxes filing Therefore, A is not treated as fiscally transparent under the laws of country Z. Free taxes filing Accordingly, C is not treated as deriving its share of the U. Free taxes filing S. Free taxes filing source royalty income for purposes of the U. Free taxes filing S. Free taxes filing -Z income tax treaty. Free taxes filing Foreign Intermediaries In most cases, if you make payments to a foreign intermediary, the payees are the persons for whom the foreign intermediary collects the payment, such as account holders or customers, not the intermediary itself. Free taxes filing This rule applies for purposes of NRA withholding and for Form 1099 reporting and backup withholding. Free taxes filing You may, however, treat a qualified intermediary that has assumed primary withholding responsibility for a payment as the payee, and you are not required to withhold. Free taxes filing An intermediary is a custodian, broker, nominee, or any other person that acts as an agent for another person. Free taxes filing A foreign intermediary is either a qualified intermediary or a nonqualified intermediary. Free taxes filing In most cases, you determine whether an entity is a qualified intermediary or a nonqualified intermediary based on the representations the intermediary makes on Form W-8IMY. Free taxes filing You must determine whether the customers or account holders of a foreign intermediary are U. Free taxes filing S. Free taxes filing or foreign persons and, if the account holder or customer is foreign, whether a reduced rate of NRA withholding applies. Free taxes filing You make these determinations based on the foreign intermediary's Form W-8IMY and associated information and documentation. Free taxes filing If you do not have all of the information or documentation that is required to reliably associate a payment with a payee, you must apply the presumption rules. Free taxes filing See Documentation and Presumption Rules , later. Free taxes filing Nonqualified intermediary. Free taxes filing   A nonqualified intermediary (NQI) is any intermediary that is a foreign person and that is not a qualified intermediary. Free taxes filing The payees of a payment made to an NQI are the customers or account holders on whose behalf the NQI is acting. Free taxes filing Example. Free taxes filing You make a payment of interest to a foreign bank that is a nonqualified intermediary. Free taxes filing The bank gives you a Form W-8IMY and the Forms W-8BEN of two foreign persons, and a Form W-9 from a U. Free taxes filing S. Free taxes filing person for whom the bank is collecting the payments. Free taxes filing The bank also associates with its Form W-8IMY a withholding statement on which it allocates the interest payment to each account holder and provides all other information required to be on the withholding statement. Free taxes filing The account holders are the payees of the interest payment. Free taxes filing You should report the part of the interest paid to the two foreign persons on Forms 1042-S and the part paid to the U. Free taxes filing S. Free taxes filing person on Form 1099-INT. Free taxes filing Qualified intermediary. Free taxes filing   A qualified intermediary (QI) is any foreign intermediary (or foreign branch of a U. Free taxes filing S. Free taxes filing intermediary) that has entered into a qualified intermediary withholding agreement (discussed later) with the IRS. Free taxes filing You may treat a QI as a payee to the extent the QI assumes primary withholding responsibility or primary Form 1099 reporting and backup withholding responsibility for a payment. Free taxes filing In this situation, the QI is required to withhold the tax. Free taxes filing You can determine whether a QI has assumed responsibility from the Form W-8IMY provided by the QI. Free taxes filing   A payment to a QI to the extent it does not assume primary NRA withholding responsibility is considered made to the person on whose behalf the QI acts. Free taxes filing If a QI does not assume Form 1099 reporting and backup withholding responsibility, you must report on Form 1099 and, if applicable, backup withhold as if you were making the payment directly to the U. Free taxes filing S. Free taxes filing person. Free taxes filing Branches of financial institutions. Free taxes filing   Branches of financial institutions are not permitted to operate as QIs if they are located outside of countries having approved “know-your-customer” (KYC) rules. Free taxes filing The countries with approved KYC rules are listed on IRS. Free taxes filing gov. Free taxes filing QI withholding agreement. Free taxes filing   Foreign financial institutions and foreign branches of U. Free taxes filing S. Free taxes filing financial institutions can enter into an agreement with the IRS to be a qualified intermediary. Free taxes filing   A QI is entitled to certain simplified withholding and reporting rules. Free taxes filing In general, there are three major areas whereby intermediaries with QI status are afforded such simplified treatment. Free taxes filing   To apply for QI status, complete Form 14345, Qualified Intermediary Application, and Form SS-4, Application for Employer Identification Number. Free taxes filing These forms, and the procedures required to obtain a QI withholding agreement are available at www. Free taxes filing irs. Free taxes filing gov/Businesses/Corporations/Qualified-Intermediaries-(QI). Free taxes filing Documentation. Free taxes filing   A QI is not required to forward documentation obtained from foreign account holders to the U. Free taxes filing S. Free taxes filing withholding agent from whom the QI receives a payment of U. Free taxes filing S. Free taxes filing source income. Free taxes filing The QI maintains such documentation at its location and provides the U. Free taxes filing S. Free taxes filing withholding agent with withholding rate pools. Free taxes filing A withholding rate pool is a payment of a single type of income that is subject to a single rate of withholding. Free taxes filing   A QI is required to provide the U. Free taxes filing S. Free taxes filing withholding agent with information regarding U. Free taxes filing S. Free taxes filing persons subject to Form 1099 information reporting unless the QI assumes the primary obligation to do Form 1099 reporting and backup withholding. Free taxes filing   If a QI obtains documentary evidence under the “know-your-customer” rules that apply to the QI under local law, and the documentary evidence is of a type specified in an attachment to the QI agreement, the documentary evidence remains valid until there is a change in circumstances or the QI knows the information is incorrect. Free taxes filing This indefinite validity period rule does not apply to Forms W-8 or to documentary evidence that is not of the type specified in the attachment to the agreement. Free taxes filing Form 1042-S reporting. Free taxes filing   A QI is permitted to report payments made to its direct foreign account holders on a pooled basis rather than reporting payments to each direct account holder specifically. Free taxes filing Pooled basis reporting is not available for payments to certain account holders, such as a nonqualified intermediary or a flow-through entity (discussed earlier). Free taxes filing Collective refund procedures. Free taxes filing   A QI may seek a refund on behalf of its direct account holders. Free taxes filing The direct account holders, therefore, are not required to file returns with the IRS to obtain refunds, but rather may obtain them from the QI. Free taxes filing U. Free taxes filing S. Free taxes filing branches of foreign banks and foreign insurance companies. Free taxes filing   Special rules apply to a U. Free taxes filing S. Free taxes filing branch of a foreign bank subject to Federal Reserve Board supervision or a foreign insurance company subject to state regulatory supervision. Free taxes filing If you agree to treat the branch as a U. Free taxes filing S. Free taxes filing person, you may treat the branch as a U. Free taxes filing S. Free taxes filing payee for a payment subject to NRA withholding provided you receive a Form W-8IMY from the U. Free taxes filing S. Free taxes filing branch on which the agreement is evidenced. Free taxes filing If you treat the branch as a U. Free taxes filing S. Free taxes filing payee, you are not required to withhold. Free taxes filing Even though you agree to treat the branch as a U. Free taxes filing S. Free taxes filing person, you must report the payment on Form 1042-S. Free taxes filing   A financial institution organized in a U. Free taxes filing S. Free taxes filing possession is treated as a U. Free taxes filing S. Free taxes filing branch. Free taxes filing The special rules discussed in this section apply to a possessions financial institution. Free taxes filing   If you are paying a U. Free taxes filing S. Free taxes filing branch an amount that is not subject to NRA withholding, treat the payment as made to a foreign person, irrespective of any agreement to treat the branch as a U. Free taxes filing S. Free taxes filing person for amounts subject to NRA withholding. Free taxes filing Consequently, amounts not subject to NRA withholding that are paid to a U. Free taxes filing S. Free taxes filing branch are not subject to Form 1099 reporting or backup withholding. Free taxes filing   Alternatively, a U. Free taxes filing S. Free taxes filing branch may provide you with a Form W-8IMY with which it associates the documentation of the persons on whose behalf it acts. Free taxes filing In this situation, the payees are the persons on whose behalf the branch acts provided you can reliably associate the payment with valid documentation from those persons. Free taxes filing See Nonqualified Intermediaries under  Documentation, later. Free taxes filing   If the U. Free taxes filing S. Free taxes filing branch does not provide you with a Form W-8IMY, then you should treat a payment subject to NRA withholding as made to the foreign person of which the branch is a part and the income as effectively connected with the conduct of a trade or business in the United States. Free taxes filing Withholding foreign partnership and foreign trust. Free taxes filing   A withholding foreign partnership (WP) is any foreign partnership that has entered into a WP withholding agreement with the IRS and is acting in that capacity. Free taxes filing A withholding foreign trust (WT) is a foreign simple or grantor trust that has entered into a WT withholding agreement with the IRS and is acting in that capacity. Free taxes filing   A WP or WT may act in that capacity only for payments of amounts subject to NRA withholding that are distributed to, or included in the distributive share of, its direct partners, beneficiaries, or owners. Free taxes filing A WP or WT acting in that capacity must assume NRA withholding responsibility for these amounts. Free taxes filing You may treat a WP or WT as a payee if it has provided you with documentation (discussed later) that represents that it is acting as a WP or WT for such amounts. Free taxes filing WP and WT withholding agreements. Free taxes filing   The WP and WT withholding agreements and the application procedures for the agreements are in Revenue Procedure 2003-64. Free taxes filing Also see the following items. Free taxes filing Revenue Procedure 2004-21. Free taxes filing Revenue Procedure 2005-77. Free taxes filing Employer identification number (EIN). Free taxes filing   A completed Form SS-4 must be submitted with the application for being a WP or WT. Free taxes filing The WP or WT will be assigned a WP-EIN or WT-EIN to be used only when acting in that capacity. Free taxes filing Documentation. Free taxes filing   A WP or WT must provide you with a Form W-8IMY that certifies that the WP or WT is acting in that capacity and a written statement identifying the amounts for which it is so acting. Free taxes filing The statement is not required to contain withholding rate pool information or any information relating to the identity of a direct partner, beneficiary, or owner. Free taxes filing The Form W-8IMY must contain the WP-EIN or WT-EIN. Free taxes filing Foreign Persons A payee is subject to NRA withholding only if it is a foreign person. Free taxes filing A foreign person includes a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, foreign estate, and any other person that is not a U. Free taxes filing S. Free taxes filing person. Free taxes filing It also includes a foreign branch of a U. Free taxes filing S. Free taxes filing financial institution if the foreign branch is a qualified intermediary. Free taxes filing In most cases, the U. Free taxes filing S. Free taxes filing branch of a foreign corporation or partnership is treated as a foreign person. Free taxes filing Nonresident alien. Free taxes filing   A nonresident alien is an individual who is not a U. Free taxes filing S. Free taxes filing citizen or a resident alien. Free taxes filing A resident of a foreign country under the residence article of an income tax treaty is a nonresident alien individual for purposes of withholding. Free taxes filing Married to U. Free taxes filing S. Free taxes filing citizen or resident alien. Free taxes filing   Nonresident alien individuals married to U. Free taxes filing S. Free taxes filing citizens or resident aliens may choose to be treated as resident aliens for certain income tax purposes. Free taxes filing However, these individuals are still subject to the NRA withholding rules that apply to nonresident aliens for all income except wages. Free taxes filing Wages paid to these individuals are subject to graduated withholding. Free taxes filing See Wages Paid to Employees—Graduated Withholding . Free taxes filing Resident alien. Free taxes filing   A resident alien is an individual who is not a citizen or national of the United States and who meets either the green card test or the substantial presence test for the calendar year. Free taxes filing Green card test. Free taxes filing An alien is a resident alien if the individual was a lawful permanent resident of the United States at any time during the calendar year. Free taxes filing This is known as the green card test because these aliens hold immigrant visas (also known as green cards). Free taxes filing Substantial presence test. Free taxes filing An alien is considered a resident alien if the individual meets the substantial presence test for the calendar year. Free taxes filing Under this test, the individual must be physically present in the United States on at least: 31 days during the current calendar year, and 183 days during the current year and the 2 preceding years, counting all the days of physical presence in the current year, but only 1/3 the number of days of presence in the first preceding year, and only 1/6 the number of days in the second preceding year. Free taxes filing   In most cases, the days the alien is in the United States as a teacher, student, or trainee on an “F,” “J,” “M,” or “Q” visa are not counted. Free taxes filing This exception is for a limited period of time. Free taxes filing   For more information on resident and nonresident status, the tests for residence, and the exceptions to them, see Publication 519. Free taxes filing Note. Free taxes filing   If your employee is late in notifying you that his or her status changed from nonresident alien to resident alien, you may have to make an adjustment to Form 941 if that employee was exempt from withholding of social security and Medicare taxes as a nonresident alien. Free taxes filing For more information on making adjustments, see chapter 13 of Publication 15 (Circular E). Free taxes filing Resident of a U. Free taxes filing S. Free taxes filing possession. Free taxes filing   A bona fide resident of Puerto Rico, the U. Free taxes filing S. Free taxes filing Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands (CNMI), or American Samoa who is not a U. Free taxes filing S. Free taxes filing citizen or a U. Free taxes filing S. Free taxes filing national is treated as a nonresident alien for the withholding rules explained here. Free taxes filing A bona fide resident of a possession is someone who: Meets the presence test, Does not have a tax home outside the possession, and Does not have a closer connection to the United States or to a foreign country than to the possession. Free taxes filing   For more information, see Publication 570, Tax Guide for Individuals With Income From U. Free taxes filing S. Free taxes filing Possessions. Free taxes filing Foreign corporations. Free taxes filing   A foreign corporation is one that does not fit the definition of a domestic corporation. Free taxes filing A domestic corporation is one that was created or organized in the United States or under the laws of the United States, any of its states, or the District of Columbia. Free taxes filing Guam or Northern Mariana Islands corporations. Free taxes filing   A corporation created or organized in, or under the laws of, Guam or the CNMI is not considered a foreign corporation for the purpose of withholding tax for the tax year if: At all times during the tax year less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign persons; and At least 20% of the corporation's gross income is derived from sources within Guam or the CNMI for the 3-year period ending with the close of the preceding tax year of the corporation (or the period the corporation has been in existence, if less). Free taxes filing Note. Free taxes filing   The provisions discussed below under U. Free taxes filing S. Free taxes filing Virgin Islands and American Samoa corporations will apply to Guam or CNMI corporations when an implementing agreement is in effect between the United States and that possession. Free taxes filing U. Free taxes filing S. Free taxes filing Virgin Islands and American Samoa corporations. Free taxes filing   A corporation created or organized in, or under the laws of, the U. Free taxes filing S. Free taxes filing Virgin Islands or American Samoa is not considered a foreign corporation for the purposes of withholding tax for the tax year if: At all times during the tax year less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign persons, At least 65% of the corporation's gross income is effectively connected with the conduct of a trade or business in the U. Free taxes filing S. Free taxes filing Virgin Islands, American Samoa, Guam, the CNMI, or the United States for the 3-year period ending with the close of the tax year of the corporation (or the period the corporation or any predecessor has been in existence, if less), and No substantial part of the income of the corporation is used, directly or indirectly, to satisfy obligations to a person who is not a bona fide resident of the U. Free taxes filing S. Free taxes filing Virgin Islands, American Samoa, Guam, the CNMI, or the United States. Free taxes filing Foreign private foundations. Free taxes filing   A private foundation that was created or organized under the laws of a foreign country is a foreign private foundation. Free taxes filing Gross investment income from sources within the United States paid to a qualified foreign private foundation is subject to NRA withholding at a 4% rate (unless exempted by a treaty) rather than the ordinary statutory 30% rate. Free taxes filing Other foreign organizations, associations, and charitable institutions. Free taxes filing   An organization may be exempt from income tax under section 501(a) of the Internal Revenue Code even if it was formed under foreign law. Free taxes filing In most cases, you do not have to withhold tax on payments of income to these foreign tax-exempt organizations unless the IRS has determined that they are foreign private foundations. Free taxes filing   Payments to these organizations, however, must be reported on Form 1042-S, even though no tax is withheld. Free taxes filing   You must withhold tax on the unrelated business income (as described in Publication 598, Tax on Unrelated Business Income of Exempt Organizations) of foreign tax-exempt organizations in the same way that you would withhold tax on similar income of nonexempt organizations. Free taxes filing U. Free taxes filing S. Free taxes filing branches of foreign persons. Free taxes filing   In most cases, a payment to a U. Free taxes filing S. Free taxes filing branch of a foreign person is a payment made to the foreign person. Free taxes filing However, you may treat payments to U. Free taxes filing S. Free taxes filing branches of foreign banks and foreign insurance companies (discussed earlier) that are subject to U. Free taxes filing S. Free taxes filing regulatory supervision as payments made to a U. Free taxes filing S. Free taxes filing person, if you and the U. Free taxes filing S. Free taxes filing branch have agreed to do so, and if their agreement is evidenced by a withholding certificate, Form W-8IMY. Free taxes filing For this purpose, a financial institution organized under the laws of a U. Free taxes filing S. Free taxes filing possession is treated as a U. Free taxes filing S. Free taxes filing branch. Free taxes filing Documentation In most cases, you must withhold 30% from the gross amount paid to a foreign payee unless you can reliably associate the payment with valid documentation that establishes either of the following. Free taxes filing The payee is a U. Free taxes filing S. Free taxes filing person. Free taxes filing The payee is a foreign person that is the beneficial owner of the income and is entitled to a reduced rate of withholding. Free taxes filing In most cases, you must get the documentation before you make the payment. Free taxes filing The documentation is not valid if you know, or have reason to know, that it is unreliable or incorrect. Free taxes filing See Standards of Knowledge , later. Free taxes filing If you cannot reliably associate a payment with valid documentation, you must use the presumption rules discussed later. Free taxes filing For example, if you do not have documentation or you cannot determine the part of a payment that is allocable to specific documentation, you must use the presumption rules. Free taxes filing The specific types of documentation are discussed in this section. Free taxes filing However, see Withholding on Specific Income , later, as well as the instructions to the particular forms. Free taxes filing As the withholding agent, you also may want to see the Instructions for the Requester of Forms W-8BEN, W-8ECI, W-8EXP, and W-8IMY. Free taxes filing Section 1446 withholding. Free taxes filing   Under section 1446 of the Code, a partnership must withhold tax on its effectively connected income allocable to a foreign partner. Free taxes filing In most cases, a partnership determines if a partner is a foreign partner and the partner's tax classification based on the withholding certificate provided by the partner. Free taxes filing This is the same documentation that is filed for NRA withholding, but may require additional information as discussed under each of the forms in this section. Free taxes filing Joint owners. Free taxes filing    If you make a payment to joint owners, you need to get documentation from each owner. Free taxes filing Form W-9. Free taxes filing   In most cases, you can treat the payee as a U. Free taxes filing S. Free taxes filing person if the payee gives you a Form W-9. Free taxes filing The Form W-9 can be used only by a U. Free taxes filing S. Free taxes filing person and must contain the payee's taxpayer identification number (TIN). Free taxes filing If there is more than one owner, you may treat the total amount as paid to a U. Free taxes filing S. Free taxes filing person if any one of the owners gives you a Form W-9. Free taxes filing See U. Free taxes filing S. Free taxes filing Taxpayer Identification Numbers , later. Free taxes filing U. Free taxes filing S. Free taxes filing persons are not subject to NRA withholding, but may be subject to Form 1099 reporting and backup withholding. Free taxes filing Form W-8. Free taxes filing   In most cases, a foreign payee of the income should give you a form in the Form W-8 series. Free taxes filing Until further notice, you can rely upon Forms W-8 that contain a P. Free taxes filing O. Free taxes filing box as a permanent residence address provided you do not know, or have reason to know, that the person providing the form is a U. Free taxes filing S. Free taxes filing person and that a street address is available. Free taxes filing You may rely on Forms W-8 for which there is a U. Free taxes filing S. Free taxes filing mailing address provided you received the form prior to December 31, 2001. Free taxes filing   If certain requirements are met, the foreign person can give you documentary evidence, rather than a Form W-8. Free taxes filing You can rely on documentary evidence in lieu of a Form W-8 for a payment made in a U. Free taxes filing S. Free taxes filing possession. Free taxes filing Other documentation. Free taxes filing   Other documentation may be required to claim an exemption from, or a reduced rate of, withholding on pay for personal services. Free taxes filing The nonresident alien individual may have to give you a Form W-4 or a Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual. Free taxes filing These forms are discussed in Pay for Personal Services Performed under Withholding on Specific Income. Free taxes filing Beneficial Owners If all the appropriate requirements have been established on a Form W-8BEN, W-8ECI, W-8EXP or, if applicable, on documentary evidence, you may treat the payee as a foreign beneficial owner. Free taxes filing Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding. Free taxes filing   This form is used by a foreign person to: Establish foreign status; Claim that such person is the beneficial owner of the income for which the form is being furnished or a partner in a partnership subject to section 1446 withholding; and If applicable, claim a reduced rate of, or exemption from, withholding under an income tax treaty. Free taxes filing   Form W-8BEN also may be used to claim that the foreign person is exempt from Form 1099 reporting and backup withholding for income that is not subject to NRA withholding. Free taxes filing For example, a foreign person may provide a Form W-8BEN to a broker to establish that the gross proceeds from the sale of securities are not subject to Form 1099 reporting or backup withholding. Free taxes filing Claiming treaty benefits. Free taxes filing   You may apply a reduced rate of withholding to a foreign person that provides a Form W-8BEN claiming a reduced rate of withholding under an income tax treaty only if the person provides a U. Free taxes filing S. Free taxes filing TIN and certifies that: It is a resident of a treaty country; It is the beneficial owner of the income; If it is an entity, it derives the income within the meaning of section 894 of the Internal Revenue Code (it is not fiscally transparent); and It meets any limitation on benefits provision contained in the treaty, if applicable. Free taxes filing   If the foreign beneficial owner claiming a treaty benefit is related to you, the foreign beneficial owner also must certify on Form W-8BEN that it will file Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), if the amount subject to NRA withholding received during a calendar year exceeds, in the aggregate, $500,000. Free taxes filing   An entity derives income for which it is claiming treaty benefits only if the entity is not treated as fiscally transparent for that income. Free taxes filing See Fiscally transparent entity discussed earlier under Flow-Through Entities. Free taxes filing   Limitations on benefits provisions generally prohibit third country residents from obtaining treaty benefits. Free taxes filing For example, a foreign corporation may not be entitled to a reduced rate of withholding unless a minimum percentage of its owners are citizens or residents of the United States or the treaty country. Free taxes filing   The exemptions from, or reduced rates of, U. Free taxes filing S. Free taxes filing tax vary under each treaty. Free taxes filing You must check the provisions of the tax treaty that apply. Free taxes filing Tables at the end of this publication show the countries with which the United States has income tax treaties and the rates of withholding that apply in cases where all conditions of the particular treaty articles are satisfied. Free taxes filing   If you know, or have reason to know, that an owner of income is not eligible for treaty benefits claimed, you must not apply the treaty rate. Free taxes filing You are not, however, responsible for misstatements on a Form W-8, documentary evidence, or statements accompanying documentary evidence for which you did not have actual knowledge, or reason to know, that the statements were incorrect. Free taxes filing Exceptions to TIN requirement. Free taxes filing   A foreign person does not have to provide a TIN to claim a reduced rate of withholding under a treaty if the requirements for the following exceptions are met. Free taxes filing Income from marketable securities (discussed next). Free taxes filing Unexpected payments to an individual (discussed under U. Free taxes filing S. Free taxes filing Taxpayer Identification Numbers ). Free taxes filing Marketable securities. Free taxes filing   A Form W-8BEN provided to claim treaty benefits does not need a U. Free taxes filing S. Free taxes filing TIN if the foreign beneficial owner is claiming the benefits on income from marketable securities. Free taxes filing For this purpose, income from a marketable security consists of the following items. Free taxes filing Dividends and interest from stocks and debt obligations that are actively traded. Free taxes filing Dividends from any redeemable security issued by an investment company registered under the Investment Company Act of 1940 (mutual fund). Free taxes filing Dividends, interest, or royalties from units of beneficial interest in a unit investment trust that are (or were upon issuance) publicly offered and are registered with the SEC under the Securities Act of 1933. Free taxes filing Income related to loans of any of the above securities. Free taxes filing Offshore accounts. Free taxes filing   If a payment is made outside the United States to an offshore account, a payee may give you documentary evidence, rather than Form W-8BEN. Free taxes filing   In most cases, a payment is made outside the United States if you complete the acts necessary to effect the payment outside the United States. Free taxes filing However, an amount paid by a bank or other financial institution on a deposit or account usually will be treated as paid at the branch or office where the amount is credited. Free taxes filing An offshore account is an account maintained at an office or branch of a U. Free taxes filing S. Free taxes filing or foreign bank or other financial institution at any location outside the United States. Free taxes filing   You may rely on documentary evidence given to you by a nonqualified intermediary or a flow-through entity with its Form W-8IMY. Free taxes filing This rule applies even though you make the payment to a nonqualified intermediary or flow-through entity in the United States. Free taxes filing In most cases, the nonqualified intermediary or flow-through entity that gives you documentary evidence also will have to give you a withholding statement, discussed later. Free taxes filing Documentary evidence. Free taxes filing   You may apply a reduced rate of withholding to income from marketable securities (discussed earlier) paid outside the United States to an offshore account if the beneficial owner gives you documentary evidence in place of a Form W-8BEN. Free taxes filing To claim treaty benefits, the documentary evidence must be one of the following: A certificate of residence that: Is issued by a tax official of the treaty country of which the foreign beneficial owner claims to be a resident, States that the person has filed its most recent income tax return as a resident of that country, and Is issued within 3 years prior to being presented to you. Free taxes filing Documentation for an individual that: Includes the individual's name, address, and photograph, Is an official document issued by an authorized governmental body, and Is issued no more than 3 years prior to being presented to you. Free taxes filing Documentation for an entity that: Includes the name of the entity, Includes the address of its principal office in the treaty country, and Is an official document issued by an authorized governmental body. Free taxes filing In addition to the documentary evidence, a foreign beneficial owner that is an entity must provide a statement that it derives the income for which it claims treaty benefits and that it meets one or more of the conditions set forth in a limitation on benefits article, if any, (or similar provision) contained in the applicable treaty. Free taxes filing 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. Free taxes filing   This form is used by a foreign person to: Establish foreign status, Claim that such person is the beneficial owner of the income for which the form is being furnished, and Claim that the income is effectively connected with the conduct of a trade or business in the United States. Free taxes filing (See Effectively Connected Income , later. Free taxes filing )   Effectively connected income for which a valid Form W-8ECI has been provided is generally not subject to NRA withholding. Free taxes filing   If a partner submits this form to a partnership, the income claimed to be effectively connected with the conduct of a U. Free taxes filing S. Free taxes filing trade or business is subject to withholding under section 1446. Free taxes filing If the partner has made, or will make, an election under section 871(d) or 882(d), the partner must submit Form W-8ECI, and attach a copy of the election, or a statement of intent to elect, to the form. Free taxes filing    If the partner's only effectively connected income is the income allocated from the partnership and the partner is not making the election under section 871(d) or 882(d), the partner should provide Form W-8BEN to the partnership. Free taxes filing Form W-8EXP, Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding. Free taxes filing   This form is used by a foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U. Free taxes filing S. Free taxes filing possession to: Establish foreign status, Claim that such person is the beneficial owner of the income for which the form is being furnished, and Claim a reduced rate of, or an exemption from, withholding as such an entity. Free taxes filing   If the government or organization is a partner in a partnership carrying on a trade or business in the United States, the effectively connected income allocable to the partner is subject to withholding under section 1446. Free taxes filing   See Foreign Governments and Certain Other Foreign Organizations , later. Free taxes filing Foreign Intermediaries and Foreign Flow-Through Entities Payments made to a foreign intermediary or foreign flow-through entity are treated as made to the payees on whose behalf the intermediary or entity acts. Free taxes filing The Form W-8IMY provided by a foreign intermediary or flow-through entity must be accompanied by additional information for you to be able to reliably associate the payment with a payee. Free taxes filing The additional information required depends on the type of intermediary or flow-through entity and the extent of the withholding responsibilities it assumes. Free taxes filing Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U. Free taxes filing S. Free taxes filing Branches for United States Tax Withholding. Free taxes filing   This form is used by foreign intermediaries and foreign flow-through entities, as well as certain U. Free taxes filing S. Free taxes filing branches, to: Represent that a foreign person is a qualified intermediary or nonqualified intermediary, Represent, if applicable, that the qualified intermediary is assuming primary NRA withholding responsibility and/or primary Form 1099 reporting and backup withholding responsibility, Represent that a foreign partnership or a foreign simple or grantor trust is a withholding foreign partnership or a withholding foreign trust, Represent that a foreign flow-through entity is a nonwithholding foreign partnership, or a nonwithholding foreign trust and that the income is not effectively connected with the conduct of a trade or business in the United States, Represent that the provider is a U. Free taxes filing S. Free taxes filing branch of a foreign bank or insurance company and either is agreeing to be treated as a U. Free taxes filing S. Free taxes filing person or is transmitting documentation of the persons on whose behalf it is acting, or Represent that, for purposes of section 1446, it is an upper-tier foreign partnership or a foreign grantor trust and that the form is being used to transmit the required documentation. Free taxes filing For information on qualifying as an upper-tier foreign partnership, see Regulations section 1. Free taxes filing 1446-5. Free taxes filing Qualified Intermediaries In most cases, a QI is any foreign intermediary that has entered into a QI withholding agreement (discussed earlier) with the IRS. Free taxes filing A foreign intermediary that has received a QI employer identification number (QI-EIN) may represent on Form W-8IMY that it is a QI before it receives a fully executed agreement. Free taxes filing The intermediary can claim that it is a QI until the IRS revokes its QI-EIN. Free taxes filing The IRS will revoke a QI-EIN if the QI agreement is not executed and returned to the IRS within a reasonable period of time after the agreement was sent to the intermediary for signature. Free taxes filing Responsibilities. Free taxes filing   Payments made to a QI that does not assume NRA withholding responsibility are treated as paid to its account holders and customers. Free taxes filing However, a QI is not required to provide you with documentation it obtains from its foreign account holders and customers. Free taxes filing Instead, it provides you with a withholding statement that contains withholding rate pool information. Free taxes filing A withholding rate pool is a payment of a single type of income, determined in accordance with the categories of income reported on Form 1042-S that is subject to a single rate of withholding. Free taxes filing A qualified intermediary is required to provide you with information regarding U. Free taxes filing S. Free taxes filing persons subject to Form 1099 reporting and to provide you withholding rate pool information separately for each such U. Free taxes filing S. Free taxes filing person unless it has assumed Form 1099 reporting and backup withholding responsibility. Free taxes filing For the alternative procedure for providing rate pool information for U. Free taxes filing S. Free taxes filing non-exempt persons, see the Form W-8IMY instructions. Free taxes filing   The withholding statement must: Designate those accounts for which it acts as a qualified intermediary, Designate those accounts for which it assumes primary NRA withholding responsibility and/or primary Form 1099 and backup withholding responsibility, and Provide sufficient information for you to allocate the payment to a withholding rate pool. Free taxes filing   The extent to which you must have withholding rate pool information depends on the withholding and reporting obligations assumed by the QI. Free taxes filing Primary responsibility not assumed. Free taxes filing   If a QI does not assume primary NRA withholding responsibility or primary Form 1099 reporting and backup withholding responsibility for the payment, you can reliably associate the payment with valid documentation only to the extent you can reliably determine the part of the payment that relates to each withholding rate pool for foreign payees. Free taxes filing Unless the alternative procedure applies, the qualified intermediary must provide you with a separate withholding rate pool for each U. Free taxes filing S. Free taxes filing person subject to Form 1099 reporting and/or backup withholding. Free taxes filing The QI must provide a Form W-9 or, in the absence of the form, the name, address, and TIN, if available, for such person. Free taxes filing Primary NRA withholding responsibility assumed. Free taxes filing   If you make a payment to a QI that assumes primary NRA withholding responsibility (but not primary Form 1099 reporting and backup withholding responsibility), you can reliably associate the payment with valid documentation only to the extent you can reliably determine the part of the payment that relates to the withholding rate pool for which the QI assumes primary NRA withholding responsibility and the part of the payment attributable to withholding rate pools for each U. Free taxes filing S. Free taxes filing person, unless the alternative procedure applies, subject to Form 1099 reporting and/or backup withholding. Free taxes filing The QI must provide a Form W-9 or, in the absence of the form, the name, address, and TIN, if available, for such person. Free taxes filing Primary NRA and Form 1099 responsibility assumed. Free taxes filing   If you make a payment to a QI that assumes both primary NRA withholding responsibility and primary Form 1099 reporting and backup withholding responsibility, you can reliably associate a payment with valid documentation provided that you receive a valid Form W-8IMY. Free taxes filing It is not necessary to associate the payment with withholding rate pools. Free taxes filing Example. Free taxes filing You make a payment of dividends to a QI. Free taxes filing It has five customers: two are foreign persons who have provided documentation entitling them to a 15% rate of withholding on dividends; two are foreign persons subject to a 30% rate of withholding on dividends; and one is a U. Free taxes filing S. Free taxes filing individual who provides it with a Form W-9. Free taxes filing Each customer is entitled to 20% of the dividend payment. Free taxes filing The QI does not assume any primary withholding responsibility. Free taxes filing The QI gives you a Form W-8IMY with which it associates the Form W-9 and a withholding statement that allocates 40% of the dividend to a 15% withholding rate pool, 40% to a 30% withholding rate pool, and 20% to the U. Free taxes filing S. Free taxes filing individual. Free taxes filing You should report on Forms 1042-S 40% of the payment as made to a 15% rate dividend pool and 40% of the payment as made to a 30% rate dividend pool. Free taxes filing The part of the payment allocable to the U. Free taxes filing S. Free taxes filing individual (20%) is reportable on Form 1099-DIV. Free taxes filing Smaller partnerships and trusts. Free taxes filing   A QI may apply special rules to a smaller partnership or trust (Joint Account Provision) only if the partnership or trust meets the following conditions. Free taxes filing It is a foreign partnership or foreign simple or grantor trust. Free taxes filing It is a direct account holder of the QI. Free taxes filing It does not have any partner, beneficiary, or owner that is a U. Free taxes filing S. Free taxes filing person or a pass- through partner, beneficiary, or owner. Free taxes filing   For information on these rules, see section 4A. Free taxes filing 01 of the QI agreement. Free taxes filing This is found in Appendix 3 of Revenue Procedure 2003-64. Free taxes filing Also see Revenue Procedure 2004-21. Free taxes filing Related partnerships and trusts. Free taxes filing    A QI may apply special rules to a related partnership or trust only if the partnership or trust meets the following conditions. Free taxes filing It is a foreign partnership or foreign simple or grantor trust. Free taxes filing It is either: A direct account holder of the QI, or An indirect account holder of the QI that is a direct partner, beneficiary, or owner of a partnership or trust to which the QI has applied this rule. Free taxes filing For information on these rules, see section 4A. Free taxes filing 02 of the QI agreement. Free taxes filing This is found in Appendix 3 of Revenue Procedure 2003-64. Free taxes filing Also see Revenue Procedure 2005-77. Free taxes filing Nonqualified Intermediaries If you are making a payment to an NQI, foreign flow-through entity, or U. Free taxes filing S. Free taxes filing branch that is using Form W-8IMY to transmit information about the branch's account holders or customers, you can treat the payment (or a part of the payment) as reliably associated with valid documentation from a specific payee only if, prior to making the payment: You can allocate the payment to a valid Form W-8IMY, You can reliably determine how much of the payment relates to valid documentation provided by a payee (a person that is not itself a foreign intermediary, flow- through entity, or U. Free taxes filing S. Free taxes filing branch), and You have sufficient information to report the payment on Form 1042-S or Form 1099, if reporting is required. Free taxes filing The NQI, flow-through entity, or U. Free taxes filing S. Free taxes filing branch must give you certain information on a withholding statement that is associated with the Form W-8IMY. Free taxes filing A withholding statement must be updated to keep the information accurate prior to each payment. Free taxes filing Withholding statement. Free taxes filing   In most cases, a withholding statement must contain the following information. Free taxes filing The name, address, and TIN (if any, or if required) of each person for whom documentation is provided. Free taxes filing The type of documentation (documentary evidence, Form W-8, or Form W-9) for every person for whom documentation has been provided. Free taxes filing The status of the person for whom the documentation has been provided, such as whether the person is a U. Free taxes filing S. Free taxes filing exempt recipient (U. Free taxes filing S. Free taxes filing person exempt from Form 1099 reporting), U. Free taxes filing S. Free taxes filing non-exempt recipient (U. Free taxes filing S. Free taxes filing person subject to Form 1099 reporting), or a foreign person. Free taxes filing For a foreign person, the statement must indicate whether the person is a beneficial owner or a foreign intermediary, flow-through entity, or a U. Free taxes filing S. Free taxes filing branch. Free taxes filing The type of recipient the person is, based on the recipient codes used on Form 1042-S. Free taxes filing Information allocating each payment, by income type, to each payee (including U. Free taxes filing S. Free taxes filing exempt and U. Free taxes filing S. Free taxes filing non-exempt recipients) for whom documentation has been provided. Free taxes filing The rate of withholding that applies to each foreign person to whom a payment is allocated. Free taxes filing A foreign payee's country of residence. Free taxes filing If a reduced rate of withholding is claimed, the basis for a reduced rate of withholding (for example, portfolio interest, treaty benefit, etc. Free taxes filing ). Free taxes filing In the case of treaty benefits claimed by entities, whether the applicable limitation on benefits statement and the statement that the foreign person derives the income for which treaty benefits are claimed, have been made. Free taxes filing The name, address, and TIN (if any) of any other NQI, flow-through entity, or U. Free taxes filing S. Free taxes filing branch from which the payee will directly receive a payment. Free taxes filing Any other information a withholding agent requests to fulfill its reporting and withholding obligations. Free taxes filing Alternative procedure. Free taxes filing   Under this alternative procedure the NQI can give you the information that allocates each payment to each foreign and U. Free taxes filing S. Free taxes filing exempt recipient by January 31 following the calendar year of payment, rather than prior to the payment being made as otherwise required. Free taxes filing To take advantage of this procedure, the NQI must: (a) inform you, on its withholding statement, that it is using the alternative procedure; and (b) obtain your consent. Free taxes filing You must receive the withholding statement with all the required information (other than item 5) prior to making the payment. Free taxes filing    This alternative procedure cannot be used for payments to U. Free taxes filing S. Free taxes filing non-exempt recipients. Free taxes filing Therefore, an NQI must always provide you with allocation information for all U. Free taxes filing S. Free taxes filing non-exempt recipients prior to a payment being made. Free taxes filing Pooled withholding information. Free taxes filing   If an NQI uses the alternative procedure, it must provide you with withholding rate pool information, as opposed to individual allocation information, prior to the payment of a reportable amount. Free taxes filing A withholding rate pool is a payment of a single type of income (as determined by the income categories on Form 1042-S) that is subject to a single rate of withholding. Free taxes filing For example, an NQI that has foreign account holders receiving royalties and dividends, both subject to the 15% rate, will provide you with information for two withholding rate pools (one for royalties and one for dividends). Free taxes filing The NQI must provide you with the payee specific allocation information (information allocating each payment to each payee) by January 31 following the calendar year of payment. Free taxes filing Failure to provide allocation information. Free taxes filing   If an NQI fails to provide you with the payee specific allocation information for a withholding rate pool by January 31, you must not apply the alternative procedure to any of the NQI's withholding rate pools from that date forward. Free taxes filing You must treat the payees as undocumented and apply the presumption rules, discussed later in Presumption Rules . Free taxes filing An NQI is deemed to have f