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-   -   Forgot to complete my W-8BEN (https://www.askmehelpdesk.com/showthread.php?t=664573)

  • May 28, 2012, 01:30 PM
    mcfie
    Forgot to complete my W-8BEN
    Hi

    Hoping someone can help me as I can't get through to anyone in the states today! I am uk based, and have shares held in the USA. I forgot to renew my W-8BEN form and 28% has been withheld from my dividend. Does anyone know if it is possible to claim this back from the IRS, given I do not submit a tax form?

    Many thanks in advance for your help!
  • May 28, 2012, 01:42 PM
    AtlantaTaxExpert
    IRS Pub 901 specifies that dividends will be taxed at 15% and qualified dividends will be taxed at 5%, so you can file a tax return (Form 1040NR) to claim a refund of the difference.

    The difference has to be enough to justify filing the Form 1040NR.
  • Aug 6, 2012, 01:36 PM
    mcfie
    Many thanks AtlantaTaxExpert! I thought that the dividend was taxable here in the UK, therefore all 28% was due for refund in US. Any ideas? Thanks!
  • Aug 6, 2012, 03:10 PM
    AtlantaTaxExpert
    You STILL have to file the tax return, and claim the FOREIGN TAX CREDIT for the U.K. taxes paid.

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