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Form 8850 ND: What You Should Know

W-8BEN (the IRS Form) or a letter certifying the applicant's compliance with the eligibility requirements set forth by (1) ETA/W-8BEN (if the W-8BEN was received prior to June 8, 2017) or (2) any other appropriate ETA. Applicants whose employment is not eligible for tax credit or the W-8BEN must submit either a completed Form 8850 or an information statement that indicates the information required for the determination of eligibility. Form 8850 and the ETA form 9061 must be attached to the employer's W-8BEN or H-9BEN (if H-9BEN was not received prior to June 8, 2017) for certification. The information statement should be the same or similar to the information statement submitted with the employer's W-8BEN/H-9BEN. If any information in the application is inaccurate or incomplete, the employer must submit corrected information and submit a new copy of the application. If any information in the application is incorrect or incomplete, the employer must submit corrected information and submit a new copy of the application. Employers whose workforce agency is not in North Dakota will have to provide documentation showing that all applicable requirements were met. Employers receiving a certification that does not comply with the requirements of IRS Form 8850 must complete an information statement and submit the statement to ETA/W-8BEN. All other forms and instructions are the same except that a valid U.S. driver's license (or U.S. passport or military photo identification card with a U.S. mailing address for verification purposes) is required for the applicant. An employer may obtain a Form 8850 from the IRS, the Workforce Investment Act office (WHOA) of the North Dakota Secretary of Labor, the ETA office in your state or through the ETA office in North Dakota. If an employer has filed an application under ETA (which may not be completed until after the WHOA application has been submitted to an ETA office), employers should also submit a copy of the ETA application through the WHOA office. An employer may obtain a Form 8850 from the IRS, the Workforce Investment Act office (WHOA) of the North Dakota Secretary of Labor, the ETA office in your state or through the ETA office in North Dakota.

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