Legal Question in Business Law in Delaware

Form to be provided by foreign entity to payer in the US for claiming exemption
We are a company in India providing offshore software services to a customer in US.
1.Whether Form W-8BEN is the appropriate form which we should provide to our payer in the US and would it result in the withholding tax not being deducted and would the fact that we have a person in US result in it being deemed that we conducting a business in US?

If not, could you please let us know the appropriate form for the said purpose?

2. Whether any income which we would receive from our customer aforesaid in providing services as mentioned above would amount to an 'income effectively connected with the conduct of a trade or business within the United States'?

Asked on 1/17/02, 4:33 am

dr Vedula Gopinath Gopinath Corporate Lawyer

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Re: Form to be provided by foreign entity to payer in the US for claiming exempt

please enlighten me in detailed way the clarification being sought. thanks

Answered on 1/17/02, 11:49 pm

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