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    jag_ask_me_help's Avatar
    jag_ask_me_help Posts: 1, Reputation: 1
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    #1

    Oct 23, 2013, 07:40 PM
    Need Help with W-8BEN, Part II Item 10 for Indian citizens
    An US citizen of Indian origin died a month ago.

    He has named his brother (a non resident alien) in India as beneficiary of his retirement proceeds.

    We need to fill our W-8BEN, Part II Item 10 as exempt from taxes.

    What article do I quote for special rates and conditions to claim tax treaty benefits for Indians?

    I appreciate a quick and timely response.

    Regards,
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Oct 24, 2013, 11:59 AM
    Unless the retirement is one like a Roth 401K, your brother WILL pay taxes, because retirement plans are usually tax-deferred, and those taxes come due when passed to the heir.
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