Chevron Heritage Nominee – U.S. Withholding Tax – Form W-8BEN Expiry/Renewal
A recent audit has identified that some Chevron Heritage Nominee share plan participants US tax declaration Form W-8BEN (“Form”) expired on 31st December 2017 and as a result, Link Asset Services (“Link”) does not hold a valid Form for them. The Form is a U.S. legal tax declaration. This means incorrect U.S. Withholding Tax (“Tax”) deductions were applied to the two dividends that have been paid to Chevron Heritage Nominee Participants since 1st January 2018. The first dividend, at a rate determined by the expired Form, and the second, at the default tax rate of 30%, to ensure compliance with US Tax Regulations.
The participants identified in the Chevron Heritage Nominee share plan were sent an affidavit at the bottom of a new W-8BEN Form on 23rd July, which will enable Link to correct the Tax deductions retrospectively for the last two dividends.
· The Form received in the post now requires two signatures in the Certification section.
· Link will not be able to recover the excess Tax deductions if either the Form or affidavit is returned without having been signed (where it states ‘Important’) by 28th September. If Link receives the incomplete Form, instead a further deduction will be made from the next dividend to recover the other 15% not taxed at the first dividend and Chevron Heritage Nominee share plan participants will remain on the higher 30% default tax rate.
Further useful information:
· The Form enables Link to reduce the default Tax rate of 30% paid on dividends where agreed by relevant ‘double taxation treaties’ between the U.S. and your country of tax residency. For example, a UK Tax resident will only pay 15% Tax,
· Forms received after the above date will be applicable from the next relevant dividend, however Link will not be able to correct the 2018 tax deduction at 30%.
· To benefit from the Tax rate adjustment in the upcoming dividend, Link requires receipt of the signed Form and affidavit before the next record date in August. If Link receives these documents after the record date and before the final deadline, the Tax rate will default to 30% for the next dividend.
· Link will accept Forms sent via post and scanned in via email to the postal and email addresses detailed on the Form.
Please note that Link Asset Services is not authorised to provide taxation advice. Some further information can be obtained from this web site: http://www.hmrc.gov.uk/taxon/foreign.htm.
For U.S. Tax Residents only
Any participants are, or have ever been, a Tax resident of the U.S. you should have a U.S. Social Security Number (“SSN”) or Individual Tax Identification Number (“ITIN”) – the format is usually “123-45-6789”. If you have received this letter it means that you have not currently provided us with a Form W-9 (“Request for Taxpayer Identification Number and Certification”) and might need to. If so please refer to the Guidance Notes.
Finally, should you have any queries then please do not hesitate to contact Link on:
Tel: 0371 664 1835