Form W-8BEN
Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding
Who Must File
Foreign individuals (non-US persons) who receive US-source FDAP income and want to claim reduced withholding rates under the Canada-US Tax Treaty.
Deadline
Provided to the withholding agent before payment; valid for 3 years
Penalty
Without W-8BEN, the payer withholds at the default 30% rate instead of the treaty rate
Step-by-Step Filing Instructions
Confirm you are a non-US person eligible for treaty benefits.
Obtain your Canadian Social Insurance Number (SIN) or ITIN.
Complete Part I with your name, country of citizenship, and address.
Complete Part II with your Canadian SIN or ITIN for treaty benefits.
Complete Part III claiming the applicable treaty article and withholding rate.
Sign and date the form, then provide it to your US brokerage, bank, or payer.
Renew the form every 3 years or when your circumstances change.
Tips & Best Practices
Canadian residents typically claim 15% withholding on US dividends under Article X.
Interest from US bank deposits is generally exempt under Article XI.
The W-8BEN is for individuals only; entities use Form W-8BEN-E.
Keep a copy for your records; the form goes to the payer, not the IRS.
Frequently Asked Questions
What treaty rate applies to US dividends for Canadians?
Under Article X of the Canada-US Tax Treaty, the withholding rate is generally 15% (or 5% if the beneficial owner is a company holding 10%+ of voting stock).
Do I need an ITIN to complete Form W-8BEN?
You need a US taxpayer identification number (SSN or ITIN) to claim treaty benefits. Your Canadian SIN can be entered in the foreign TIN field.
How often do I need to renew my W-8BEN?
The form is valid for 3 calendar years from the date of signing. Your withholding agent will request a new form before expiration.
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