Individual Tax Form: W-8BEN Instructions In Canada

If you’re a non-American independent contractor, or just anybody who receives US revenue from outside the US, filling out a W-8BEN form is considered a tax requirement.

As a Canadian that starts working for US dollars, you can expect this form to be requested from virtually every client. The W-8BEN form is leveraged by the US government to ensure they receive their foreign tax money, even if it leads to getting taxed on the same income by two different countries.

Note: The standard W-8BEN document assumes you’re operating at a sole ownership income level. Corporations and enterprises need to fill out the alternative document W-8BEN-E.

A SHORT GUIDE TO THE W-8BEN FORM

It’s the payee’s responsibility to complete this form and send it in to the appropriate parties. Even though W-8BEN forms may seem daunting if you’ve never signed one before, at its core the W-8BEN operates on a few very basic principles.

We’ve created this guide to help you learn more about the process to better prepare you for cross-border tax collections.*

*Please note that this information should be treated merely as a starting point; it’s not a legitimate substitute for accurate and detailed legal advice.

What’s The Point Of Filling Out A W-8BEN Form?

The United States government needs this documentation to keep tabs on foreign individual tax payments. However, the form only applies to owners of a US establishment. Put simply, if you don’t have a single part of your company south of the border, you’re exempt from having to complete this form.

From the perspective of the signee, the form lets you declare that you’re not a US resident (so you don’t get taxed as such) and claim CAN-US tax treaty benefits.

Compliance Regarding The W-8BEN

This tax filing is strictly enforced by the IRS – failure of US payers/withholding agents to set aside a portion of non-resident’s income leads to them inevitably paying the tax out of pocket.

In the end it’s still your expense, since you can easily spoil relationships with clients through failing to provide them with a timely W-8BEN form.  If you have legitimate claims that your withheld amount was incorrect, you’re eligible to file a US tax return.

Understanding Your United States Tax Relationship

As a rule of thumb, any US company that pays you for your services will reserve a certain amount of your payment for tax purposes. In most cases, these companies are obliged to a withholding rate of 30% that goes straight to the IRS.

Theoretically, the amount withheld is your responsibility to pay in the first place. Assuming you understood this non-resident tax rate before the work contract was signed, you’ll know that taking a 30% pay cut from the IRS is nothing out of the ordinary.

CAN-US TAX CONSIDERATIONS

If you’re a permanent resident of Canada there’s no real need to worry about having your income taxed twice. Even though you must pay Canadian income tax, and a W-8BEN form denotes your compliance to pay US income tax, certain rules prevent you from owing both at once.

The CAN-US tax treaty permits you to effectively dodge being taxed by both countries on one income source, within the same period of time.

By subjecting yourself to US income tax and acknowledging payment withholds, you can deduct that amount when it’s time for Canadian tax collection.

Requirements To Claim The Tax Treaty

Before you can leverage the CAN-US treaty to evade double taxation, you’ll have to show proof of Canadian residency.

Residency can most easily be shown by your primary living property location. In some situations it’s hard to prove using this rule, since a fraction of individuals own various homes in Canada and the US.

If you fall under this multiple home ownership category, residency can be stated based on where you habitually reside or where you have developed the most relationships. Knowing this, it’s still possible that the line between the two nations is blurry – it helps if you’re a Canadian citizen but not a US citizen.

Requirements On The Business Side

As a sole proprietor, it’s possible to have a branch or part of your business located on either sides of the border.

Speaking plainly, your business needs to have a fixed physical location in the United States to be labelled as a US property. A fixed piece of your business is typically where some or all company processes get issued or completed.

Here are some examples:

• Bases of operation/offices
• Facility plants/factories
• Construction/excavation zones

For income tax purposes, your fixed business locations are tax-governed by their respective countries. In other words, if your business is entirely Canadian but you receive US income, you’re still viewed as a Canadian contractor.

It sounds simple enough, but it outlines the basic function of the CAN-US tax treaty.  If your base of operations is in Ontario but you have a facility in California, that facility won’t be subject to both Canadian and US income tax at one time.

HOW TO FILL OUT YOUR W-8BEN FORM: A SIMPLE BREAKDOWN

To give you a more specific idea of what this form requires, we’ve broken down each part line-by-line in the table below to help paint a clearer picture:

Once all the relevant data has been filled out look it over a few times and check with an advisor for any missing information. Afterwards, all that’s left to do is sign at the bottom in order to finalize it. 

FINAL THOUGHTS ON THE W-8BEN FORM FOR CANADIANS

Due to the CAN-US tax treaty, the W-8BEN form shouldn’t scare you away from pursuing work in the United States as an independent contractor. When your portfolio consists of international clients, it’s hard to completely avoid the tax collector.

If you’re thinking about buying property in the US as a form of residency, check out our guide to purchasing a house in Florida. For individuals whose receiving US revenue from outside the US and wanting to save more money on currency exchange (Quebec and across all the major cities in Canada), KnightsbridgeFX offers the best currency exchange and beats all of your local banks rates.