U.S.A.: FATCA : IRS releases a new draft W-8ECI

21.08.2012

On 17 August 2012, the U.S. Internal Revenue Service (IRS) released the draft of a new W-8ECI form, Certificate of Foreign Person’s Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States.

The publication of this draft form1 follows the recent publication of drafts for two new W-8BEN form and one new W-8IMY form2 and results from the same need to include the new information requirements related to the Foreign Account Tax Compliance Act (FATCA).

No instructions have yet been provided, but it is expected that the new W-8ECI form, if not further amended, will have to be used as of 1 January 2013.

The above information is not intended to be exhaustive. We will continue to monitor the IRS and commentator publications and will provide customers with further information in due course.

Further information

For further information, please contact the Clearstream Banking3 Tax Help Desk on:

LuxembourgFrankfurt
Email:tax@clearstream.comtax@clearstream.com
Telephone:+352-243-32835+49-(0) 69-2 11-1 3821
Fax:+352-243-632835+49-(0) 69-2 11-61 3821

or Clearstream Banking Customer Service or your Relationship Officer.

1. Available at http://www.irs.gov/pub/irs-dft/fw8eci--dft.pdf.
2. Please refer to our Announcements A12111, dated 11 June 2012, and L12034, dated 20 August 2012, respectively.
3. Clearstream Banking refers collectively to Clearstream Banking AG, registered office at 61, Mergenthalerallee, 65760 Eschborn, Germany and registered in the Register B of the Amtsgericht Frankfurt am Main, Germany under number HRB 7500 (CBF) and Clearstream Banking, société anonyme, registered office at 42, avenue John F. Kennedy, L-1855 Luxembourg, and registered with the Luxembourg Register of Commerce and Companies under number B-9248 (CBL).

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