a-98-15.pdf

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# Part IV - Items of General Interest

Proposed Forms W-8 (Certificate of Foreign Status of Beneficial
Owner for United States Tax Withholding), W-8A (Foreign Person's
Claim of Income Effectively Connected With the Conduct of a Trade
or Business in the United States), W-8B (Certification for United
States Tax Withholding for Foreign Governments and Other Foreign
Organizations), and W-8C (Certificate of Intermediary for United
States Tax Withholding)

## Announcement 98-15

The Internal Revenue Service announces that it is requesting
comments from the public on proposed new Forms W-8, W-8A, W-8B,
W-8C. These forms are being developed as a result of final
regulations published on October 14, 1997, relating to the
withholding of income tax under sections 1441, 1442, and 1443 on
certain U.S. source income paid to foreign persons. T.D. 8734,
62 F.R. 53387; 1997-44 I.R.B. 5. These regulations, which
provide for the use of several withholding certificates, will be
effective January 1, 1999.

Form W-8 (Certificate of Foreign Status of Beneficial Owner for
United States Tax Withholding) would be provided to a withholding
agent or payer by a beneficial owner of certain types of income
to establish foreign status, to claim that such person is the
beneficial owner of the income for which the form is being
furnished, and if applicable, to claim a reduced rate of, or
exemption from, withholding as a resident of a foreign country
with which the United States has an income tax treaty.

Form W-8A (Foreign Person's Claim of Income Effectively Connected
With the Conduct of a Trade or Business in the United States)
would be provided to a withholding agent or payer by a foreign
person claiming that certain income is effectively connected with
the conduct of a trade or business in the United States.

Form W-8B (Certification for United States Tax Withholding for
Foreign Governments and Other Foreign Organizations) would be
provided to a withholding agent or payer by a foreign government,
international organization, foreign central bank of issue, or
foreign tax-exempt organization to claim that such organization
is the beneficial owner of the income for which the form is being
furnished, and if applicable, to claim a reduced rate of, or
exemption from, withholding as a resident of a foreign country
with which the United States has an income tax treaty.

Form W-8C (Certificate of Intermediary for United States Tax
Withholding) would be provided to a withholding agent or payer by
an intermediary either to make representations regarding the
status of beneficial owners of the amount paid or to transmit

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appropriate documentation to the withholding agent.

This announcement provides draft copies of proposed Forms W-8,
W-8A, W-8B, and W-8C. The forms are being issued without the
instructions so that withholding agents can adapt their systems
to comply with the regulations. Based on comments, the forms may
be revised, and together with instructions, will be re-issued for
further comment as part of the OMB approval process.

The IRS would like to receive comments on these proposed draft
forms from all interested persons by April 8, 1998. Please send
comments to Chairman, Tax Forms Coordinating Committee, Internal
Revenue Service, T:FP, Room 5577, 1111 Constitution Avenue N. W.,
Washington D.C. 20224.