Proposed Collection; Comment Request for Forms W-8, W-8A, W-8B, and W-8C

DEPARTMENT OF THE TREASURY

Internal Revenue Service

Proposed Collection; Comment Request for Forms W-8, W-8A, W-8B,

and W-8C

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The Department of the Treasury, as part of its continuing

effort to reduce paperwork and respondent burden, invites the general

public and other Federal agencies to take this opportunity to comment

on proposed and/or continuing information collections, as required by

the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C.

3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning

Form W-8, certificate of Foreign Status of Beneficial Owner for United

States Tax Withholding; Form W-8A, Foreign Person's Claim of Income

Effectively Connected With the Conduct of a Trade or Business in the

United States; Form W-8B, Certification for United States Tax

Withholding for Foreign Governments and Other Foreign Organizations;

and Form W-8C, Certificate of Foreign Intermediary, Foreign

Partnership, and Certain U.S. Branches for United States Tax

Withholding. These forms and their instructions are being published as

Announcement 98-51 in Internal Revenue Bulletin 1998-24, dated June 15,

1998.

DATES: Written comments should be received on or before August 11, 1998

to be assured of consideration.

ADDRESSES: Direct all written comments to the Chairman, Tax Forms

Coordinating Committee, Internal Revenue Service, room 5577, 1111

Constitution Avenue NW., Washington, DC 20224.

FOR FURTHER INFORMATION CONTACT: Requests for additional information

should be directed to Carol Savage, (202) 622-3945, Internal Revenue

Service, room 5569, 1111 Constitution Avenue NW., Washington, DC 20224.

SUPPLEMENTARY INFORMATION:

Title: Certificate of Foreign Status of Beneficial Owner for United

States Tax Withholding (Form W-8); Foreign Person's Claim of Income

Effectively Connected With the Conduct of a Trade or Business in the

United States (Form W-8A); Certification for United States Tax

Withholding for Foreign Governments and Other Foreign Organizations

(Form W-8B); and Certificate of Foreign Intermediary, Foreign

Partnership, and Certain U.S. Branches for United States Tax

Withholding (Form W-8C).

OMB Number: To be assigned later.

Form Number: W-8, W-8A, W-8B, and W-8C.

Abstract: Foreign persons are subject to U.S. tax at a 30% rate on

income they receive from U.S. sources that consists of interest,

dividends, rents, premiums, annuities, compensation, and other fixed or

determinable annual or periodical income. Form W-8 will be used for

certain types of income to establish that the person is a foreign

person, is the beneficial owner of the income for which Form W-8 is

being provided and, if applicable, to claim a reduced rate of, or

exemption from, withholding as a resident of a foreign country with

which the United States has an income tax treaty. Form W-8A will be

used to establish that the person is a foreign person, is the

beneficial owner of the income for which Form W-8A is being provided,

and to claim that the income is effectively connected with the conduct

of a trade or business within the United States. Form W-8B will be used

by a foreign government, international organization, foreign central

bank of issue, foreign tax-exempt organization, or foreign private

foundation. The form will be used by such persons to establish foreign

status, to claim that the person is the beneficial owner of the income

for which Form W-8B is given and, if applicable, to claim a reduced

rate of, or exemption from, withholding. Form W-8C will be provided to

a withholding agent or payer by a foreign intermediary, foreign

partnership, and certain U.S. branches to make representations

regarding the status of beneficial owners or to transmit appropriate

documentation to the withholding agent.

Current Actions: This is a new collection of information.

Type of Review: New OMB approval.

Affected Public: Individuals, business or other for-profit

organizations and not-for-profit institutions.

Estimated Number of Respondents: Form W-8--3,000,000; Form W-8A--

180,000; Form W-8B--240; Form W-8C--400.

Estimated Time Per Respondent: Form W-8--10 hr., 6 min.; Form W-

8A--6 hr., 54 min.; Form W-8B--16 hr., 18 min.; Form W-8C--18 hr., 22

min.

Estimated Total Annual Burden Hours: Form W-8--30,300,000 Form W-

8A--1,242,000; Form W-8B--3,912; Form W-8C--7,348.

The following paragraph applies to all of the collections of

information covered by this notice:

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An agency may not conduct or sponsor, and a person is not required

to respond to, a collection of information unless the collection of

information displays a valid OMB control number. Books or records

relating to a collection of information must be retained as long as

their contents may become material in the administration of any

internal revenue law. Generally, tax returns and tax return information

are confidential, as required by 26 U.S.C. 6103.

Request for Comments

Comments submitted in response to this notice will be summarized

and/or included in the request for OMB approval. All comments will

become a matter of public record. Comments are invited on: (a) Whether

the collection of information is necessary for the proper performance

of the functions of the agency, including whether the information shall

have practical utility; (b) the accuracy of the agency's estimate of

the burden of the collection of information; (c) ways to enhance the

quality, utility, and clarity of the information to be collected; and

(d) ways to minimize the burden of the 5 collection of information on

respondents, including through the use of automated collection

techniques or other forms of information technology; and (e) estimates

of capital or start-up costs and costs of operation, maintenance, and

purchase of services to provide information.

Approved: June 5, 1998.

Garrick R. Shear,

IRS Reports Clearance Officer.

[FR Doc. 98-15624 Filed 6-11-98; 8:45 am]

BILLING CODE 4830-01-P