W-8BEN Lines 9 and 10: How to Claim Tax Treaty Benefits

Last verified: 9 October 2026 against the IRS form and instructions (Rev. October 2021) · Not tax advice

Part II of the W-8BEN is where you claim a lower US withholding rate under a tax treaty between the US and your country. Line 9 is simple; line 10 is where most people go wrong.

Who this is for: W-8BEN filers in a treaty country who want reduced US withholding.

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Line 9: your treaty country

  1. Find your country on the IRS list of US income tax treaties.
  2. Enter the country you're a tax resident of — this can differ from your citizenship on line 2.
  3. Make sure there's a tax ID: your foreign tax ID on line 6a, or a US SSN or ITIN on line 5. The instructions require a US TIN when you claim treaty benefits without a foreign tax ID.

Line 10: special rates and conditions

Use line 10 only when your treaty claim needs conditions that line 9 and Part III don't cover. According to the instructions, it's mandatory for claims including:

Line 10 blankWhat it means
Article and paragraphThe specific part of the treaty you rely on
Rate (%)The withholding rate that treaty article sets for your income
Type of incomeFor example royalties, interest, scholarship
Additional conditionsThe facts that make you eligible under that article
We don't pre-fill treaty rates. Rates and conditions differ by country and type of income, and a wrong claim can mean wrong withholding. Read your country's treaty documents on irs.gov or check with a tax professional.

Not claiming a treaty?

Leave Part II blank. The payer then withholds at the standard rate for that type of income.

Frequently asked questions

What goes on W-8BEN line 9?

The country you're a tax resident of, if it has an income tax treaty with the US and you're claiming its benefits. Check the IRS list of US income tax treaties.

Do I have to fill line 10?

Only if your treaty claim needs conditions not covered by line 9 and Part III. The instructions make it mandatory for some claims, such as students and researchers, business profits without a US permanent establishment, and remittance-based claims.

Do I need a tax ID to claim treaty benefits?

Yes. The instructions require a US TIN on line 5 when you claim treaty benefits without a foreign tax ID on line 6a.

What rate do I put on line 10?

The rate stated in the treaty article that applies to your type of income. Rates differ by country and income type — read the treaty documents on irs.gov or ask a tax professional. We don't pre-fill rates.

Can I skip Part II?

Yes. Part II is only for claiming treaty benefits. Without a treaty claim, the payer withholds at the standard rate for that income.

Official sources

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