On June 10th and 11th, we sponsored and attended the International Tax Withholding & Information Reporting Virtual Conference hosted by Kaplan. We thank Kaplan for hosting such a great virtual conference and all the speakers and panelists for their informative sessions covering hot topics in information reporting!
Below are a few notable takeaways from the conference:
New Forms W-8 We should expect to see new Forms W-8 and instructions within the next several weeks incorporating changes related to Section 1446(f). The forms and instructions are likely to be released in draft form to allow for a commentary period from industry, with the Instructions for the Requestor to be released at a later date. We are unsure as to whether the forms will be released all at once, or if they will be released individually, but we expect new Forms W-8 for the following: Form W-8IMY, Form W-8ECI, Form W-8BEN and Form W-8BEN-E.
Form 1042-S Updates We should also expect to see updated Form 1042-S and instructions, including updated income codes relative to Section 1446(f).
Form 1042 Audits The IRS has continued to perform 1042 audits utilizing virtual platforms such as Zoom and WebEx and will continue to perform audits in this manner for the near future. In addition to financial institution audits, the IRS will also increase focus on multi-national corporations and accounts payable functions.
Foreign Taxpayer Identification Numbers The IRS maintains a list of jurisdictions that do not issue foreign TINs. As such, withholding agents are not required to obtain a foreign TIN for an account held by a resident of the jurisdiction that appears on this list. Most recently, Japan was added to the list of jurisdictions, which already includes, Australia, Bermuda, British Virgin Islands, and Cayman Islands.
Transmitter Control Code (TCC) Updates A new online Information Returns (IR) Application for TCC will replace Form 4419 and Fill-in Form 4419 on the FIRE System. A phased-in approach will be utilized, with initial Phase 1 expected in September 2021 for new users and Phase 2 in Summer of 2022 for transition of existing users.
Section 1446(f) Regulations Final regulations for publicly traded partnership (PTP) interest under section 1446 were recently released. Key requirements under the regulations were discussed, along with implementation challenges that will be faced by organizations.
Qualified Intermediary Certification Updates The periodic certifications of Qualified Intermediaries (QI), Withholding Foreign Partnerships (WP), and Withholding Foreign Trusts (WT) have been extended. The extensions are automatic and no request by the QI/WP/WT is required:
o Due date for periodic certifications of QI/WP/WTs that selected 2018 or 2019 as review year or request a waiver of the periodic review requirement is extended until December 1, 2021.
o Due date for periodic certifications of QI/WP/WTs that selected 2020 as review year is extended until March 1, 2022.
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