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Question on W-8BEN-E form

  • 31-10-2018 11:50am
    Registered Users Posts: 793 ✭✭✭ Johnnio13

    Hi folks,

    Just looking for some direction here. I recently inherited some shares from my late father. I paid the solicitor $150 to change the name on the shares.
    Recently I received the W-8BEN-E form, instead of the W-8BEN. I rang ComputerShare and they said as it was an estate I was deemed a corporation and had to fill in the doc accordingly. None of the fields are applicable to my circumstance. I would have expected to fill in the W-8Ben. Has the solicitor messed up here by categorizing me not as an individual but as an estate?
    I've tried computershare again but they are no help and can only go on the data in front of them.

    Any thoughts from the more experienced here?


  • Registered Users Posts: 5,440 ✭✭✭ daheff

    Firstly, my condolences on your loss.

    I would agree that it should be the W-8BEN form.

    W-8BEN-E form is

    "For use by non-U.S. entities, such as corporations, partnerships, estates, and trusts, to establish that they are the beneficial owners of the income and/or, if applicable, to claim tax treaty benefits and exemptions."

    Use this form for:

    "A beneficial owner solely claiming foreign status or treaty benefits
    A hybrid entity claiming treaty benefits on its own behalf"

    I wonder if there is any chance that the original shareholding was held by an entity owned by your father?

  • Registered Users Posts: 793 ✭✭✭ Johnnio13

    Thanks daheff
    No, he did own them as a individual rather than an entity.
    I believe its because I'm now classed as an "estate" that this is sent to me.

  • Registered Users Posts: 660 ✭✭✭ blackwave

    Firstly sorry for your lost.

    Just for the avoidance of any doubt your father didn't hold the shares via an IRA account? Also are you a us citizen?

    Looking at the W8 forms if the shares are still held by your father's estate then the W8-BENE is the correct form. However if they have been transferred to your own name from his estate I think the W8-BEN is the correct form to fill in.