Indian Instructors: How I updated W-8BEN-E? For Entities Based in India

[Rahul Iyer]

Hi,

I have seen a number of new Indian Instructors ask a question: How to update the Udemy Tax Form? In that, there are two situations.

1. Situation 1: is when you apply as an Organization from India.
2. Situation 2: is when you apply as an Individual from India.

In this post, I will share the details of How I completed the tax form for Situation 1: As an Organization from India. You will be using form W-8BEN-E. Please read the disclaimer before you proceed.

DISCLAIMER:

1. W-8BEN-E is a tax form to be filled by foreign entities/organizations. It is NOT to be filled by Individuals
2. This post does not cover all the situations and exceptions to fill out this tax form. It only covers how I have updated my tax form. I will NOT know answers to all of your questions.
3. This post is for Sole-Proprietorship Organizations based in India: My Organization is a Sole-Proprietorship registered in India. So, the inputs in this post will be applicable to those who have an organization registered as the sole-proprietorship in India.
4. Please Consult a Professional: This is just a guideline to help you fill out the form. Please consult a professional chartered accountants (CA) to ensure you are updating everything in the right way.
5. I am NOT an expert in filling out Tax forms: When I had filled out the form for the first time, I had sought help from my CA. I am just here to help. I should NOT be held responsible or liable for any trouble.
6. I was Looking for Some Guidance Back Then: I had many questions when I was filling out the form the first time. At that time, I had wished some Indian Udemy Instructor had written a post that would help in guiding with necessary inputs. I am sure you may be in the same situation. Hence, I am writing this post.

As I understand, most of you may be stuck on point 14b only. So, I am addressing this at the beginning of the post. For my organization, the only correct item was Company with an item of income that meets active trade or business test.

Details of how I filled out my W-8BEN-E Tax Form are outlined below:

Part 1: Identification of Beneficial Owner

1. Name of organization that is the beneficial owner: Add the name of your registered organization here
2. Country of incorporation or organization: Ofcourse, add “India”
3. Name of disregarded entity receiving the payment: Left blank
4. Chapter 3 Status (entity type): I had ticked Private Foundation
5. Chapter 4 Status: Left Blank
6. Permanent Residence Address: I added my company registered address here
7. Mailing Address: Left Blank
8. US Tax Payer Identification Number (TIN): I selected Not Applicable

9a GIIN: Left Blank

9b Foreign TIN: Entered the PAN Number of my organization

10. Reference Number: You know what number to update here

Part 2: is all left blank

Part 3: Claim of Tax Treaty Benefits (if applicable)

14a The beneficial owner is a resident of India...

14b The beneficial owner derives the item (or items)…: Selected Company with an item of income that meets active trade or business test

14c Left Blank

Parts IV to Part XXIX are left blank

Part XXX Added the Signature, Self Certification, and Date.

I hope this is helpful 🙂

Warm Regards,
Rahul 🙂

[Salil Dhawan]

Perfect answer!

[AcademyByOrigiinsCo]

What to select when asked "Is the submission being made to claim treaty benefits on items not covered by the representations made above and where special withholding rates and conditions may apply?"