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W-8BEN-E


tax1111
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For form w8bene, if the foreign company who fills the form is a passive nffe and disclose the substantial US owner's info. required by the form, there is no FATCA 30% withholding, right?
Regardless of FATCA withholding, the company without treaty benefits will be withheld 30% chapter 3 withholding, right?

Another question is: what is the tax impact of the foreign company being a passive nffe vs active nffe on the US owner when he files relevant intl tax forms for the foreign company.

For 2021 (the first year of the company), all the assets is composed of no interest bearing bank deposit and there is no income for the year, can it base on the active nffe criteria and categorize the foreign company as active nffe? For 2022 tax year, it began to have investment in other companies and passive nffe will be a more proper category. So, should it use active nffe on the w8bene form based on 2021 situations as instructed on the form instruction or base on 2022 situations which is more representative of its situations moving forward and use passive nffe?

Thanks.

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