W8-BEN Form - Canada (help needed)

[Natalia]

Having trouble with W8 form, particularly with Part II. The language I used in past forms apparently “isn’t quite correct”, form was not accepted. Please help!

[Natalia]

Found this by @waterart , really hope that’s correct:

I'm in Canada too, this is what got mine accepted, Income Type: "copyright royalties"  Reason why you meet the terms: Beneficial owner is a resident of Canada earning copyright royalties for use of artwork and not subject to tax under US/Canada tax treaty terms of 0% withholding rate for art related copyright royalties.

The article and paragraph number is now 12(2) You can confirm at https://eezycontributors.zendesk.com/hc/en-us/articles/360040283911-What-is-the-Withholding-Rate-For...

[waterart]

Let us know if it works for you. That part of the form trips up just about everyone because entering the same info doesn't work with everyone, I'm not sure if it depends on the country you're in or who happens to be reviewng the form.

[OrchardBerry]

I just received an email from Zazzle that my W8-Ben form wasn’t filled in correctly (Canada). I just copied the info from my previous forms but that didn’t seem to work this time. They said it was a problem with “Part 2” of the form so maybe it’s the article and paragraph number that I have wrong (as stated above).

[waterart]

It could be, from what I recall on past forms there was no paragraph number required

[OrchardBerry]

I wrote “article and paragraph 12”, “copyright royalties for sale of art/photography”, “0% rate” and then “Beneficial owner is a resident of Canada, who lives and works solely in Canada. Copyright royalties have a 0% withholding rate per IRS publication 515”

What info am I missing that wouldn’t get this form approved?? Paragraph “12(2)” instead of just “12”?

[Natalia]

“Article 12 Paragraph 2”

I also had “… IRS publication 515” and got “the wording is not quite right”, so I copied the text above “Beneficial owner is a resident of Canada earning copyright royalties for use of artwork and not subject to tax under US/Canada tax treaty terms of 0% withholding rate for art related copyright royalties.”

Still no confirmation though …

[Ticklemonkey]

How did you fit all of that on one line?  I have to fill out the form online in a PDF.  There are way too many words to fit on the one line they give you.

[Natalia]

If you type it or copy/paste the long text, the font size will decrease automatically in PDF.

if you are Canadian, looks like it’s Article 12(3) now.

[Ticklemonkey]

Didn't work for me.  Tried typing it and copy/pasting into the PDF.  Half of it was still cut off.  Font size did not decrease.  I decided to take out some words without changing the meaning..I hope.  Will see if they accept it. 

Thanks Natalia!

[waterart]

It's article 12 and paragraph 2, therefore 12(2)

[Natalia]

Update. My form was rejected once again.

”Please revise the paragraph reference that pertains to you, next to the Article number in Part II, line 10.” I put “Article 12 Paragraph 2” 

Unless anyone has other ideas, I’m going to put Article 12(2) and see if that works. This is so frustrating.

[waterart]

I think the paragraph number now  is 3,  see https://www.irs.gov/pub/irs-trty/canada.pdf look under ARTCLE XII

[Natalia]

Thank you! I will try that. 

[waterart]

You are welcome, let us know how it goes.

[tanyadraws]

So on my W8-Ben form I had written the article like this: XII(3) 

And put "Other Copyright Royalties" as the type of income. They say the last part of additional conditions "isn't quite correct" (the reasoning part - I didn't mention artwork royalties, specifically). Thanks for sharing the responses and Waterart's reason, I will reword mine to be like that one. From their response, it seems like they were okay with me writing XII(3) as the article and paragraph though, so I will keep this on my revised form.

[Natalia]

Thank you for letting me know about the article part! Still no reply for me but I will post the result as well.

[Natalia · Accepted solution]

I have finally received confirmation today that my W8BEN form was accepted. This is how I filled out the form for Canada:

Part II

10 Special rates and conditions (if applicable—see instructions): The beneficial owner is claiming the provisions of Article and paragraph Article 12(3) of the treaty identified on line 9 above to claim a 0% rate of withholding on (specify type of income): Copyright royalties paid for the reproduction of, the use of, or the right to use, artistic works.

Explain the additional conditions in the Article and paragraph the beneficial owner meets to be eligible for the rate of withholding: Beneficial owner is a resident of Canada earning copyright royalties for use of artwork and not subject to tax under US/Canada tax treaty terms of 0% withholding rate for art related copyright royalties.

[waterart]

That's good news! Thanks for the update and showing exactly what you entered in part II, I'm sure it will help others

[Bailey68]

Thank You !!!!!!!!!!!!! I just resubmitted mine, fingers crossed it's all ok 😀

[creativadore]

Thanks so much!! 🙂

[makori]

Sent mine the second time still no communication ...