W8 BEN form - just kill me now...

Hi guys, 

I really can’t anymore, resubmitting my form over and over again. And I just don’t know anymore, finally, it looks like I filled the part 10/2 well, but - RESPONSE - It looks like your tax rate is higher than it needs to be. This US IRS document will help you find the appropriate tax rate…I’m looking, I really do, I checked every convo here in the community, but I can’t figure it out. HEEEELP, please 

I’m a resident of Spain …Claiming the provision and paragraph 12/2/ of the treaty identified..blah, blah, blah…5% rate…

What the… is wrong, dont get it

Hi Moni.
Checked it out for you. The (new) tax treaty for Spain is the one from 2013 that replaces some articles from the treaty of 1990. Here is the IRS link to the respective PDF: https://home.treasury.gov/system/files/131/Treaty-Spain-Protocol-1-14-2013.pdf 

In Article 12 that handles Royalties, it says:

"Article VI
Article 12 (Royalties) of the Convention shall be deleted and replaced by the
following:"

"1. Royalties arising in a Contracting State and beneficially owned by a
resident of the other Contracting State shall be taxable only in that other State."

and

"2. The term “royalties” as used in this Article means payments of any kind
received as a consideration for the use of, or the right to use, any copyright of
literary, artistic, scientific or other work (including cinematographic films, and
films and recordings for radio or television broadcasting), any patent, trademark,
design or model, plan, secret formula or process, or for information concerning
industrial, commercial or scientific experience."  

So, in your case, the correct Article and Paragraph is 12(1) and the Royalty Rate is 0%.

For the rest, see my related thread: https://community.zazzle.com/t5/share-your-tips-tricks/w-8ben-links-to-irs-documents-and-tips-for-form-editing/m-p/110658#M1064 

This should solve your issue. Feel free to head back to me if it doesn’t work out.
Good luck and greetings from Italy.

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OMG, thank you, for your time, really appreciate it. 

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De nada. Always glad to help, went through the same struggles. If there are no issues with the other information, especially the infamous “Additional Conditions”, things should work. Note that if you don’t get an answer this is usually good news.

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I think I read your article today about - how to fill those things, and it helped. Just to get past this percentage and paragraphs and hopefully that’s it. 

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