a-98-51.pdf

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Proposed Forms W-8, W-8A, W-8B, and W-8C, and Instructions

Announcement 98-51

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 and the instructions to these forms. These new
forms and instructions are being proposed 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, 2000. See Notice 98-16, 1998-15 I.R.B. 12.
Prior versions of the new forms, without instructions, were
issued in Announcement 98-15, 1998-10 I.R.B. 36.

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 to establish foreign status, to claim that such
person is the beneficial owner of the income for which the form
is being furnished, and to claim 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. The form would be
used by such persons to establish foreign status, to claim that
the 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 either under the
Internal Revenue Code or as a resident of a foreign country with
which the United States has an income tax treaty.

Form W-8C (Certificate of Foreign Intermediary, Foreign
Partnership, and Certain U.S. Branches for United States Tax
Withholding) would be provided to a withholding agent or payer
by a foreign intermediary, foreign partnership, and certain U.S.

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branches either to make representations regarding the status of
beneficial owners of the amount paid or to transmit appropriate
documentation to the withholding agent.

This announcement provides copies of proposed Forms W-8, W-8A,
W-8B, W-8C and the accompanying instructions. Comments on the
forms and instructions should be submitted in writing by August
14, 1998 to the Chairman, Tax Forms Coordinating Committee,
Internal Revenue Service, T:FS:FP, Room 5577, 1111 Constitution
Avenue, NW, Washington, DC 20224.