W-8BEN for Roth 401k

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flyingmonkey
Posts: 28
Joined: Tue Mar 07, 2017 11:51 am

W-8BEN for Roth 401k

Post by flyingmonkey »

Having trouble finding conclusive information on this...

I recently left the US and became a resident of Canada. I have a Roth IRA and Roth 401k with Fidelity. Fidelity sent me a letter last week stating that for the Roth 401k I need to send them a W-8BEN. I'll enumerate my questions to simplify:

1) My understanding is that the W-8BEN won't really matter from the withholding standpoint since the ROTH 401k is not even taxable in the US. Therefore if I make eligible withdrawals in the future nothing should be withheld regardless of whether I am a foreign person or not? And even if they do withhold taxes, filing a 1040NR should get me that money back?

2) Regardless, of (1), I will send in the W-8BEN to make Fidelity happy and keep my paperwork in order. First question on filling it out, do I need to complete Line 10? I read in this forum post here: https://www.financialwisdomforum.org/fo ... p?t=102381 that I should simply put on Line 9 "Canada" and leave Line 10 blank.

3) If the answer to (2) is that I DO need to fill out line 10, do I put "Article XVIII Paragraph 2(a)" and claim 15%? Treaty convention here: https://www.fin.gc.ca/treaties-conventi ... is-eng.asp

4) From the previously linked forum post, they also mentioned to NOT put my SSN on Line 5 as it confuses some brokerages. I've also read some places that I should put my SIN. Should I therefore put my SSN, SIN or leave blank?

Thanks
nelsona
Posts: 18352
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: W-8BEN for Roth 401k

Post by nelsona »

1. Only ELIGIBLE withdrawals from Roths are tax and penalty free. So the firm needs the W8 in case you make a withdrawal that requires withholding

The W8 should have your SSN since any withholding needs to be tied to that. No need for SIN or treaty but it won’t hurt.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
flyingmonkey
Posts: 28
Joined: Tue Mar 07, 2017 11:51 am

Re: W-8BEN for Roth 401k

Post by flyingmonkey »

Alright that answers questions (1) and (4). Any answer for (2) and (3)? I'll rephrase for simplicity:

On line 9 of W-8BEN it asks for country of residence, I'll put Canada.

On line 10 it asks for special rates and conditions. Do I fill this out? If yes, do I put "Article XVIII Paragraph 2(a)" and claim 15%?

Copying Line 10 text here:

"Special rates and conditions (if applicable—see instructions): The beneficial owner is claiming the provisions of Article and paragraph ___________________________ of the treaty identified on line 9 above to claim a _______ % rate of withholding on (specify type of income):
_________________________________________________________________________________________________________.
Explain the additional conditions in the Article and paragraph the beneficial owner meets to be eligible for the rate of withholding: _____________________________________________________________________________________________________"

Thanks as always.
nelsona
Posts: 18352
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: W-8BEN for Roth 401k

Post by nelsona »

Already answered: you don't need the treaty provisions. But if you must, it id the article on pensions.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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