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IRS Warns On Form Scam

Kelly Phillips ErbMay 10, 2018July 11, 2022

The Internal Revenue Service (IRS) is warning about a new identity-theft scam targeting international taxpayers and non-resident aliens. In the scam, criminals use a fake form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (form downloads as a PDF) to gain personal and bank identification from taxpayers.

It’s a variation on an old scheme. In fact, some version of this scam has been happening for more than ten years (downloads as a PDF). The IRS issued similar warnings in 2014, 2016, and again in 2017. Apparently, old habits die hard.

Here’s how it works. The scammers send a letter to a taxpayer stating that they may be exempt from withholding and reporting income tax. However, the letter advises that the taxpayer needs to authenticate their information by filling out and returning a form W-8BEN – only the attached form W-8BEN a fake.

The form W-8BEN is actually a legitimate tax form. The top looks like this:

w-8 form

The fake form W-8BEN, however, asks for personal details such as your mother’s maiden name, your passport number, and PIN codes. The letter (or, in some cases, email or fax) that accompanies the fake form W-8BEN also refers to form W9095. The catch? The form W9095 does not exist. And, the IRS doesn’t require recertification of foreign status.

Don’t be a victim. Remember that the IRS will never:

  • Request personal information, PIN codes, or passwords.
  • Call to demand immediate payment over the phone, nor will the agency call about taxes owed without first having mailed you a bill.
  • Threaten to immediately bring in local police or other law-enforcement groups to have you arrested for not paying.
  • Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe.
  • Require you to use a specific payment method for your taxes, such as a prepaid debit card, gift card, or wire transfer.
  • Ask for credit or debit card numbers over the phone.

If you are a victim of an IRS impersonation scam, you should report it to the Treasury Inspector General for Tax Administration at its IRS Impersonation Scam Reporting site and to the IRS by emailing phishing@irs.gov with the subject line “IRS Impersonation Scam.”

Remember that versions of the scam may continue to evolve – they’ve done so for years. When in doubt, assume it’s a scam.

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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identity theft, IRS, scam, W-8BEN, withholding

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