Can I email you my Form W-8BEN / W-9 instead of completing the Form in the FTX Customer Claims Portal?
No. All customers must submit a Form W-8BEN / W-9, as applicable, in the FTX Customer Claims Portal as part of the “know-your-customer” rules and tax rules.
How do I know which tax withholding Form is applicable to me?
The below table outlines the various U.S. tax withholding Forms applicable to various scenarios:
| Individual / Legal Entity | Tax Residency | Circumstances | Applicable Form |
| Individual | U.S. | Individuals who are U.S. Tax Residents (see next question in relation to who is a U.S. Tax Resident) | W-9 |
| Individual | Non-U.S. | Individuals who are not U.S. Tax Residents | W-8BEN |
| Legal Entity | U.S. | Legal Entities that are organized or have a fixed place of business in the U.S. | W-9 |
| Legal Entity | Non-U.S. | Non-U.S. entities other than those required to submit certain special case forms (see below regarding Forms W-8IMY, W-8EXP and W-8ECI). | W-8BEN-E |
| Legal Entity | Non-U.S. | Non-U.S. entities acting as an intermediary with respect to the distribution, such as a non-U.S. flow-through entity | W-8IMY |
| Legal Entity | Non-U.S. | Non-U.S. governments, international organizations, non-U.S. central banks of issue, non-U.S. tax-exempt organizations, non-U.S. private foundations, or governments of a U.S. possession claiming the applicability of certain tax exemptions. | W-8EXP |
| Legal Entity | Non-U.S. | Non-U.S. entities claiming that income is effectively connected with the conduct of a trade or business in the United States | W-8ECI |
How do I know if I am a U.S. Tax Resident?
A U.S. Tax Resident generally falls into one of the following categories:
- U.S. Citizen (excluding Residents of U.S. Territories)
- U.S. permanent resident (Green Card Holder)
- Individual who meets the Substantial Presence Test
- A corporation, or other entity taxable as a corporation for U.S. federal income tax purposes, created or organized in or under the laws of the United States, any state thereof, or the District of Columbia;
- An estate the income of which is subject to U.S. federal income taxation regardless of its source; or
- A trust, if a court within the United States is able to exercise primary jurisdiction over its administration and one or more U.S. persons have authority to control all of its substantial decisions, or that has a valid election in effect under applicable Treasury Regulations to be treated as a U.S. person.
The tax treatment of a partner (or other beneficial owner) in a partnership (or such other pass-through entity) generally will depend upon the status of the partner (or other beneficial owner) and the activities of the partnership (or other pass-through entity).
How long do I have to submit my tax withholding form?
Typically, once KYC verified, you should submit your tax withholding form within 30 days of the later of (i) being notified to submit your tax form, (ii) Step 7 of the FTX Customer Portal opening, or (iii) the plan Effective Date. If you do not submit a tax withholding form within 30 days of such date, a reminder will be sent out. If you fail to submit a tax withholding form before the date that is 60 days after a reminder is sent, you may be deemed to have forfeited your right to receive distributions pursuant to the terms of FTX’s plan of reorganization.
Does a green checkmark next to Step 7, Distributions – Tax Requirements in the FTX Customer Claims Portal mean that I have completed all my tax requirements?
A green check mark means that your tax form has been submitted. It does not designate that your tax form has been reviewed. Following submission of your tax form, review of your tax form will take place prior to distributions to determine any applicable tax withholding consequences. Note that for additional information on tax withholding, please review the disclosure statement and Kroll FAQs.
I am an original claimant who sold my customer claim to a third-party claims buyer, do I still need to complete a tax withholding form?
No. In the case of customer claims sold to third-party claims buyers, it is the claims buyers’ responsibility to provide an applicable tax withholding form through the FTX claim buyer communication process.
What happens if I don't get provide my tax information by the end of the initial 30-day request period?
If the request for Pre-Distribution Requirement has not been satisfied within 30 days, a second request will be made.
What happens if I don’t provide my tax information by the end of the second 60-day request period
Allowed claimants within Class 7A, 7B, and 7C who fail to comply with the second request for Pre-Distribution Requirements within 60 days after the request is made will forfeit their rights to receive the entirety of their distribution pursuant to Section 7.14 of the Plan.
How do I submit my tax information?
a. Log on to the FTX Customer Portal and complete Step 7 to provide the requisite tax information on a completed, applicable IRS Form W-9 or IRS Form W-8.
b. All customers must submit a Form W-8BEN / W-9, as applicable, in the FTX Customer Claims Portal as part of the “know-your-customer” rules and tax rules