What are the W8 or BEN W8 and the FATCA forms in the United States?

If you have a bank account in the United States or in a bank that has direct activities with banks in the United States, it’s possible that they’ll send you a BEN W8 or Fatca form to fill out. Not complying with this requirement can cause your offshore bank account to be frozen.

What are the W8 or BEN W8 and the FATCA forms in the United States?

What are the BEN W8 and W9 forms and why are they important for ,those who have overseas offshore bank accounts?

The W8 and the BEN W8 are a set of American tax forms which certify your tax status in relation to the American authorities, the IRS.

The W8 is a form that must be filled out people or businesses who aren’t domiciled in the United States but have received income or payments in the USA.

Instead, the BEN W8 is a form that certifies the fiscal non-residence in the United States and therefore tax exemption.

The language of these forms can seem complex even for those who have experience with foreign bank banks, and any error can cause heavy sanctions, so it is we advise you to fill out these forms with the aid of an expert.

The FATCA form is a form that you are requested to fill out if there are indications of the possibility of applying taxes in the United States. This form contains information and the means of transmitting it in compliance with the Agreement between the Government of the United States of America and the Government of the Italian Republic finalized for improving the international tax compliance and for applying the FATCA (Foreign Account Tax Compliance Act) norms.

What are the indications that obligate you to fill out a Fatca form?

  • If you were born in the United States
  • If you have a telephone or address in the United States (so, even if you do have one, it’s best to deny it to the offshore bank banks)
  • If you sent money to accounts in the United States
  • If you have given a proxy for operating in an account to someone residing or with indications of a residence in the United States
  • If you are a business established in the United States.

The Fatca agreements are in force in 110 countries including Canada, France, Germany, Mexico, Panama, Cayman Islands, Switzerland, United Kingdom, etc.


Do you need a consultancy on this topic?

Book it

Risk warnings
The views and opinions expressed in the web site are subject to change based on the laws, market and other conditions. The information provided does not constitute legal advice and it should not be relied on as such. All material(s) have been obtained from sources believed to be reliable, but its accuracy at the time you read is not guaranteed. There is no representation or warranty as to the current accuracy of, nor liability for, decisions based on such information.

Caporaso & Partners Law Office
Via España 1280, Edificio Orion, Suite 7D
(Al lado de la estacion del metro de Via Argentina).

General: [email protected]

Italy: +39 (06) 99335786
Spain: +34 (93) 1845787
Panama: +507 8327893
Panama: +507 8339512
United States: +1 (305) 3402627

Italy: +39 3399957837
Panama: +507 68263130

+507 8339512

Customer service from
08:00 - 17:00 (Spanish, english and italian)