Beneficial Owner – CRA Clarification

Beneficial owner – Regarding proper amount of withholding, the CRA bases it on name of address, UNLESS, there is a “care of” address or the mailing address and permanent address are different.  If there is a care of address, or difference in permanent address, the CRA requires a certificate to be completed by the holder. 

“In any doubtful case, a certificate, as described in ¶ 5(b), is required to be completed and forwarded to the payer by the payee in order that a lower rate of withholding tax, in accordance with a tax convention, can be applied. Otherwise the 25% rate will apply.

The Canada Revenue Agency (CRA) will accept the payee as beneficial owner of amounts paid to non-residents if the payee is an insurance corporation or pension trust that invests solely on its own behalf and includes such amounts in computing its revenue.”

Examples of the certificates are available in this CRA Information circular, pages 2 and 3.  http://www.cra-arc.gc.ca/E/pub/tp/ic76-12r6/ic76-12r6-e.pdf

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New Language – Beneficial Owner for a W-8BEN

From the IRS;

A W-8BEN must be signed and dated by the beneficial owner of the income.  If the beneficial owner is a;

Individual – That person must sign and date the form.  The capacity line should be left blank.  For a minor child, a parent or guardian may sign and must enter “parent” or “guardian” where applicable on the capacity line.

Corporation – The form must be signed and dated by the President, VP, Treasurer, Assistant-Treasurer, CAO,, or any other officer, such as the Tax Officer, who has the authority to sign.  Forms signed by a receiver or trustee in bankruptcy on behalf of a corporation must be accompanied by a copy of the order or instructions of the court signing the form. 

Partnership – A general partner or member manager must sign and date the form.  If the form is filed on behalf of a partnership by a trustee, receiver or assignee, the fiduciary must sign instead of a general partner or member manager.  Forms signed by a receiver or trustee in bankruptcy on behalf of a partnership must be accompanied by a copy of the order or instructions of the court authorizing signing of the form.  The capacity line must state the tile of the person signing on behalf of the partnership.

Estate or Trust – A fiduciary must sign and date the form.  The capacity line must state the fiduciary’s title – such as trustee, administrator, or executor.

 

* fiduciary – A person or institution which occupies a position of special trust and has responsibility for the money, property or financial affairs of another