Indian Contestant W8-BEN form


I am a contestant from India. I have just won my first contest, and for withdrawing my balance, SquadHelp is asking me to fill out the W8-BEN form. Now, I’m not sure if I need to fill out point 10, which deals with Special rates and conditions, where the beneficiary claims rebate using some Article number from the US-India double taxation avoidance treaty. Do I need to fill this? Should I fill in Article 15 (Independent Personal Services) of the US-India Tax Treaty and claim 0% withholding?

Or is filling in point 9 (which specifies that I’m a resident of India which has a treaty with the US) enough?

If I do not fill out point 10, will any taxes be deducted?

Any contestants from India or other countries who have filled in the W8-Ben form? Any help appreciated.



just print then input the contents as you know, then scan with your signature.

I think this methode applies to all for non US member.

if you still find trouble, you can contact admin via, they will help you immediately.

May it help, congrats for first win btw. :grinning:

Thanks v.much for your suggestion.

Actually I have filled in everything else online on, but I’m not sure if I have to fill in line 10. I think I’ll wait a day to check if anyone from India has already filled in the form, and if not, then ask SquadHelp admin.

Thanks :grinning:

@Dan Can you help him out…

@brandulus, Congratulations on winning your first contest! Unfortunately we can not provide guidance on what information to fill in different sections of the W8-BEN form because each country’s tax regime as well as each creative’s tax situation is unique. You might want to seek input from your local accountant, or you can read the detailed instructions here:

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@jackieheraty Thanks for the pointer.

@Dan Thank v.much. I understand. I think I will consult with a local accountant, but will wait for a day for a reply in case someone from India or similar country has submitted their W8-BEN form.

@brandulus Can you help me this form as I from India too ?

@ShubhamDudeja, Having read the link provided by Dan, the W8-BEN form applies to the foreigners subject (de facto) to the rules governing US citizens or residents. Certain Foreign nationals, non-residing in the US should instead use the form W8-BEN-E:
‘‘A foreign person includes a nonresident alien individual and certain foreign entities
that are not U.S. persons (entities should complete Form W-8BEN-E rather than this Form W-8BEN)’’.

Hi Shubham,

Welcome to SquadHelp. Please go to the link below and send me a private message (by clicking on “Send Message”). I will try to help you out.

From what I read, the W-8BEN-E form is for entities and not individuals. The W-8BEN form applies to individuals.

@ShubhamDudeja @brandulus, With the exception of ‘Disregarded entity’ that doesn’t fall under the W-8BEN jurisdiction. As @Dan correctly pointed out,a tax requirement is especially adapted to each individual situation, and among creatives will be those operating not from a position of an unincorporated entity (a company), but from within and or on behalf of a corporation/incorporation, in which case under the special circumstances they will be exempt from the necessity of filing the W-8BEN form according to the paragraph::

‘‘Disregarded entity. A business entity that has a single owner and is not a corporation under Regulations section 301.7701-2(b) is disregarded as an entity separate from its owner. A disregarded entity does not submit this Form W-8BEN to a partnership for purposes of section 1446 or to an FFI for purposes of chapter 4. Instead, the owner of such entity provides appropriate documentation. See Regulations section 1.1446-1 and section 1.1471-3(a)(3)(v), respectively.’’

@brandulus I am not able to send message as “Sorry, your account is not authorized for sending private messages.” pops up. Here is my profile link if you are able to message me.

@ShubhamDudeja. Sent you the private message.

@Vision @ShubhamDudeja Here’s what I read in the document Dan posted in the “What’s New” section right at the beginning:

"In particular, this Form
W-8BEN is now used exclusively by individuals. Entities
documenting their foreign status, chapter 4 status, or
making a claim of treaty benefits (if applicable) should use
Form W-8BEN-E.

Individual account holders (both U.S. and foreign) that
do not document their status may be deemed recalcitrant
and, in some cases, subject to 30% withholding on certain
payments. Foreign individuals can avoid being classified
as recalcitrant account holders by using Form W-8BEN to
document their foreign status "

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@brandulus, Thanks, the quote used by me above derived from the same document you referred to in your reply, but at the end of it, under the ‘Definitions’

@Vision As far as I understand it, the “Disregarded Entity” is defined as "A business entity that has a single
owner and is not a corporation ". That is different from an individual.

@brandulus, The rationale for designing and passing the legal framework for W8-BEN form was to stipulate employment conditions for foreign workers, as per: FATCA. In 2010, Congress passed the Hiring Incentives to Restore Employment Act of 2010, P. L. 111-147 (the HIRE Act), which added chapter 4 of Subtitle A (chapter 4) to the Code, consisting of sections 1471 through 1474 of the Code and commonly referred to as “FATCA” or “chapter 4”’’ which sets the tone for regulating hiring practices of non US nationals, etc. However, the Terms and Conditions of the Service agreement explicitly rule out the nature of a creative’s affiliation with the SH as being or having the employment nature, as per 2.4 Section on the Creative’s Role & Relationship with Squadhelp:

‘‘Neither your use of our Service nor anything in this Agreement creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and Squadhelp. We do not provide you with any equipment or tools to participate in a Contest. We do not provide you any benefits, including without limitation workers compensation or insurance coverage. We are not responsible for any expenses you incur in using our Service. We will not withhold any amount from your award for federal or state income tax, Social Security, or any other tax. You are free at all times to perform tasks for any person or business, including any of our competitors. You do not have the authority to enter into any contract, whether written or oral, on behalf of Squadhelp or otherwise represent or purport to represent Squadhelp in any respect’’. .

@brandulus, Additionally, this means that it’s not obligatory for the foreign beneficiary to use the W-8BEN Form to document the tax withholding status, the consequence of which is a probable imposition of an automatic 30% tax deduction on a selected number of payments. In fact the status of recalcitrant subject is not an inherent property permanently retained but is fluid in nature changing its content and delineation in connection with the act of association by filing the afore-mentioned form.

@Vision I’m not a legal expert, nor am I representing SquadHelp. But as I understand it: SquadHelp requires all foreign individuals to fill in the W-8BEN form. And foreign ‘individuals’ are required to fill in the W-8BEN form not the W8-BEN-E form as you had stipulated in your first post.

@brandulus, As stated in my previous post, foreign individuals may forgo submitting the W-8BEN form at the risk of being considered recalcitrant and subject to the ordinary US taxation rate of 30%. This is supported by the paragraph presented as an excerpt from the Introduction/Explanation section of the Instructions on properly filing the W-8BEN. As for the W-8BEN-E or other forms (as outlined under the heading of ‘Disregarded entities’ -depending the legal status of an entity (company, corporate, or incorporated), should this be the case for a creative acting as such,the rule advises not to submit the Form W-8BEN (an original quote is listed directly from the source above).

The requirement to file a W-8BEN form is dictates by the terms of employment/hiring. Sometimes, the absence of conditions resembling employment nevertheless triggers enactment of the need for the W-8BEN for but for radically different reasons. When this option is instigated, it’s to adhere to the legalese governing the financial aspect of dispersion of payments from US companies institutions, where two principal factors are:

  1. The amount of funds transferred, namely, there is a threshold beyond which filing of the form is an obligation. That financial ceiling could be calculated on the incremental basis (with several smaller amounts) or cumulatively,meaning when a series of concurrent or consequential accumulations of funds necessitates filing of the W-8BEN form.

  2. The status of the US account holding company/entity: whether it acts as a fiduciary, an escrow and/or in other capacity.

  3. The origin of funds: whether the funds received from foreign contributors (or contests holders), with the intent of their further dispersion onto the account of a creative are deemed as being US in origin.

  4. Finally, if the funds (representing an award for a winning entry in a contest, for example) held on behalf and for the eventual benefit of a creative are transferred into their account or if they are still pending an action of a future while being temporarily stored in the SH account for the creative.