BACKUP WITHHOLDING
FOR MISSING
AND INCORRECT
NAME/TIN(S)
Publication 1281 (Rev. 12-2023) Catalog Number 63327A Department of the Treasury Internal Revenue Service www.irs.gov
(Including instructions for
reading tape cartridges and
CD/DVD Formats)
ii
Backup Withholding For Missing and Incorrect Name/Tin(S)
Table of Contents
Part 1 Introduction................................................................................................ 1
Backup Withholding Rate .......................................................................................... 2
Part 2 Frequently Asked Questions ...................................................................... 3
Part 3 Where to Call for Help ................................................................................ 11
Part 4 Actions for Missing TINs and Incorrect Name/TIN Combinations .............. 13
CP2100 Notice ............................................................................................................ 14
Missing TIN(s) ............................................................................................................. 14
Incorrect Name/TIN Combinations ........................................................................... 14
First “B” Notice ........................................................................................................... 15
Second “B” Notice...................................................................................................... 15
Third and Subsequent Notices .................................................................................. 16
Part 5 The IRS Matching Process/ Name Controls ............................................... 17
Part 6 Flow Charts ................................................................................................ 25
Flowcharting for Incorrect Name/TINSs .................................................................. 26
Flowcharting for Missing TINSs ................................................................................ 27
Part 7 Name Compression Specifications for “B” Notice Tape Cartridges ........... 28
Part 8 Instructions for Reading Tape Cartridges .................................................. 30
Part 9 Instructions for Reading CD/DVD media .................................................... 35
Section 10 Other Forms ........................................................................................ 43
Instructions for the Requester of Form W-9
Form W-9
Form W-8 Series and Instructions
Part
1
2
Backup Withholding For Missing and Incorrect Name/Tin(S)
Part 1 Introduction
This publication contains information about the backup withholding (BWH-B) requirements that apply to
the information returns that you led. The law provides that you may be required to withhold a specied
percentage (see BWH-B Rate) of certain reportable payments made to recipients (payees) for whom you led
an information return that had a missing or an incorrect Taxpayer Identication Number (TIN). If you are a new
ler of information returns or want an answer to a specic question, you may nd it helpful to begin by reading
Part 2, Frequently Asked Questions. More detailed information begins in Part 4. We have included copies of the
First and Second “B” Notices, Form W-9, Forms and W-8 series, and SSA (see Part 10) for your convenience.
E- Services provide various electronic and interactive applications. See the IRS web site at, https://la.www4.irs.
gov/e-services/Registration/index.htm to review the on-line tutorial. Payers of income reported on Forms 1099
B, DIV, INT, K, MISC, NEC, OID, G and/or PATR may be eligible to participate in the TIN Matching program. You
can download the TIN Matching Publication, 2108A, at www.IRS.gov.
Backup Withholding (BWH-B) Rate
Rate/Percentage is 24%, effective for all subject payments after December 31, 2017.
2
Part
4
Backup Withholding For Missing and Incorrect Name/Tin(S)
Part 2 FREQUENTLY ASKED QUESTIONS
1. Q… What is backup withholding?
A... Persons (payers) making certain payments to payees must withhold and pay to the IRS a specied
percentage (see “BWH Rate” on page 3) of those payments under certain conditions. Payments that may
be subject to backup withholding include interest, dividends, rents, royalties, commissions, non-employee
compensation, and other payments including broker proceeds and barter exchange transactions,
reportable gross proceeds paid to attorneys, and certain payments made by shing boat operators.
Payments that are excluded from backup withholding are real estate transactions, foreclosures and
abandonments, cancelled debts, distributions from Archer Medical Savings Accounts (MSAs), long-term
care benets, distributions from any retirement account, distributions from an employee stock ownership
plan (ESOP), sh purchases for cash, unemployment compensation, state or local income tax refunds,
and qualied tuition program earnings.
2. Q… What is a Taxpayer Identification Number (TIN)?
A... A TIN is a Social Security Number (SSN) issued by the Social Security Administration (SSA) or an
Employer Identication Number (EIN) issued by the IRS. A TIN can have only nine (9) numbers. It cannot
have more or less than nine numbers nor can it have letters. See Question #3 for information on ITINs and
ATINs.
3. Q… What is an Individual Taxpayer Identification Number (ITIN)/Adoption Taxpayer Identification
Number (ATIN)?
A... An ITIN is an individual Taxpayer Identication Number (ITIN) issued by the IRS and may be used as a TIN
to meet federal tax obligations only. Resident aliens and nonresident aliens, who are not eligible for SSNs,
use ITINs. An ITIN has nine numbers in the same format as an SSN and always begins with the number 9.
The fourth and fth digits are always within the range of 70 through 88. An ATIN is an Adoption Taxpayer
Identication Number issued by the IRS and can be used as a TIN. An ATIN is only a temporary taxpayer
identication number issued for a child born, and adopted, in the United States. An ATIN contains nine
numbers in the same format as an SSN. An ATIN should be requested when an SSN cannot be obtained
in time to le your tax return. Once the adoptive parent obtains an SSN for the adopted child, the ATIN
becomes obsolete.
4. Q… What payments are subject to backup withholding?
a) Rents and commissions, non-employee compensation for services, royalties, reportable gross proceeds
paid to attorneys and other xed or determinable gains, prots, or income payments reportable on Form
1099-MISC, Miscellaneous Income.
b) Commissions, fees, or other payments for work performed as an independent contractor on Form
1099-NEC, Nonemployee Compensation.
c) Interest reportable on Form 1099-INT, Interest Income.
d) Dividends reportable on Form 1099-DIV, Dividends and Distributions.
e) Patronage dividends paid in money or qualied check reportable on Form 1099-PATR, Taxable
Distributions Received From Cooperatives.
f) Original issue discount reportable on Form 1099-OID, Original Issue Discount, if the payment is in cash.
g) Gross proceeds reportable on Form 1099-B, Proceeds From Broker and Barter Exchange Transactions.
h) Gambling winnings reportable on Form W-2G, Certain Gambling Winnings, unless subject to regular
gambling withholding. If not subject to regular gambling withholding, backup withholding only applies if,
and only if, the payee does not furnish a taxpayer identication number to the payor.
FREQUENTLY ASKED QUESTIONS
5
Backup Withholding For Missing and Incorrect Name/Tin(S)
i) Gross payments reportable on Form 1099-K, Payment Card and Third Party Network Transactions.
j) Form 1099-G payments that are subject to backup withholding under IRC 6041 and 3406(b)(3)(A)
which include taxable grants and agricultural payments (1099-G Box 6 or 7)
5. Q… Can a payee claim he or she is exempt from backup withholding?
A... Yes. Payees who may be exempt are listed in the “Instructions for the Requester of Form W-9”. They
include tax-exempt organizations, government agencies, corporations (For certain payments), and
other listed entities.
6. Q… Is a payee an exempt corporation if it uses the term “Company” or “Co.” in its name?
A... A payer cannot treat a payee as an exempt organization merely because the business name contains
the word “Company” or “Co.” A payer may treat a payee as exempt if:
 ■
the name contains the term insurance company, indemnity company, reinsurance company or
assurance company. Requirement one is also met if the entities name indicates that it is an entity
listed as a corporation under IRS Regulations, section 301.7701-2(b)(8)(i),
 ■
the payer has on le a corporate resolution or similar document clearly indicating corporate status,
 ■
the payer receives a Form W-9 which includes an EIN and a statement from the payee that it is a
domestic corporation or,
 ■
the payer receives a withholding certicate described in Section 1.1441-1(e) (2)(i), that includes a
certication that the person whose name is on the certicate is a foreign corporation.
7. Q… When is a TIN considered missing or incorrect?
A... Missing TIN - We consider a TIN to be missing if it is not provided, has more or less than nine
numbers, or it has an alpha character as one of the nine positions.
Example: Missing SSN: 123-45-678
Example: Missing SSN: 123-45-67899
Example: Missing EIN: 12- 345678P
Incorrect TIN - We consider a TIN incorrect if it is in the proper format but the Name/TIN combination
does not match or cannot be found on IRS or SSA les.
Examples of Proper Format:
Correct SSN:123-45-6789
Correct EIN: 12-3456789
8. Q… What files do the IRS use in the matching process?
A... The DM-1 File -- A le containing all SSNs ever issued by the SSA
The EIN-Name Control File -- A le containing all the IRS-assigned EINs
The ITIN File -- A le containing all the IRS-assigned ITINs (On DM-1)
The ATIN File -- A le containing all the IRS-assigned ATINs (On DM-1)
9. Q… What should I do if a payee refuses or neglects to provide a TIN?
A... Begin backup withholding immediately on any reportable payments. Do the required annual
solicitation (request) for the TIN. Question 19 has information about the solicitation requirements for
missing and incorrect TINs. Backup withhold until you receive a TIN.
FREQUENTLY ASKED QUESTIONS
6
Backup Withholding For Missing and Incorrect Name/Tin(S)
10. Q… How do I know if a TIN on my account is incorrect?
A... After the submission of Form 1099 information returns, the IRS will send you a CP2100 or a
CP2100A Notice and a listing of incorrect Name/TIN(s) reported on those forms.
11. Q… What is a CP2100 or CP2100A Notice?
A... It is a notice that tells a payer that he or she may be responsible for backup withholding. It is
accompanied by a listing of missing, incorrect, and/or not currently issued payee TINs. Large volume
lers will receive a CD or DVD data le CP2100, mid-size lers receive a paper CP2100, and small
lers receive a paper CP2100A.
Large Filer …………. 250 or more error documents;
Mid Size Filer ……… Between 50 and 249 documents.
Small Filer …............ Less than 50 error documents.
12. Q… What should I do if I receive a CP2100 or CP2100A Notice?
A... Compare the listing(s) with your records. For missing TINs: If you have not started backup
withholding, begin to do so immediately and continue until you receive a TIN. You must make up to
three solicitations for the TIN (initial, rst annual, second annual), as described in Question 19, to
avoid a penalty for failing to include a TIN on the information return. For incorrect TINs: Compare the
accounts on the listing with your business records. See Question 19 for the solicitation requirements
in order to avoid a penalty for failure to include the correct TIN on an Information Return. If they
agree, send the appropriate “B” Notice to the payee. If an account does not agree, this could be
the result of a recent update to SSA records, an error in the information you submitted, or an IRS
processing error. If this type of error occurred, the only thing you should do is correct or update your
records, if necessary. Remember: You do not have to call or write to the IRS to say that you made the
correction or update to your records.
13. Q… What should I do if I receive a CP2100, CP2100A, or 972CG and do not recognize a TCC
provided on the notice?
A... The TCC belongs to the business who transmitted the information returns listed on the notice. The
TCC may belong to the payer; however, the TCC may belong to a third-party hired to transmit the
information returns for the payer. Contact any third-parties you used to transmit your information
returns on your behalf. For example, an accountant, payroll provider, etc.
14. Q… What is a “B” Notice?
A... A “B” Notice is a backup withholding notice. There are two “B” Notices -- the First “B” Notice and
the Second “B” Notice. You must send the First “B” Notice and a Form W-9 to a payee after you
receive the rst CP2100 or CP2100A Notice with respect to this account for soliciting a correct
Name/TIN combination. You must send the second “B” Notice to a payee after you receive a second
CP2100 or CP2100A Notice within a 3 calendar year period. The text of the Second “B” Notice is
different from that of the First “B” Notice. The Second “B” Notice tells the payee to contact IRS
or SSA to obtain the correct Name/TIN combination. The mailing of the second notice should not
include a Form W-9. The payor must receive validation of the payee’s Name/TIN combination from
SSA or IRS after sending the second “B” Notice. Payees should be instructed regarding how to
request validation of their name/TIN combinations in accordance with the procedures described in
Part 4. Generally, you do not have to send a “B” Notice more than two times within three calendar
years to the same account.
FREQUENTLY ASKED QUESTIONS
7
Backup Withholding For Missing and Incorrect Name/Tin(S)
15. Q… When do I send a “B” Notice to a payee?
A... You have 15 business days from the date of the CP2100A or CP2100 Notice, or the date you
received it (whichever is later), to send a “B” Notice to a payee. For incorrect TINS you only have to
send a “B” Notice to a payee whose Name/TIN combination and account number on your records
agrees with the combination that IRS identied as incorrect.
16. Q… How do I know which “B” Notice to send?
A... If this is the rst CP2100 or CP2100A Notice you have received with respect to this account, you
must provide the payee with (1) the First “B” Notice and (2) a copy of Form W-9 (or acceptable
substitute). You may also provide an optional reply envelope. Your outside mailing envelope must
be clearly marked “IMPORTANT TAX INFORMATION ENCLOSED” or “IMPORTANT TAX RETURN
DOCUMENT ENCLOSED.”
If this is the second CP2100 or CP2100A Notice you have received within three calendar years with
respect to this account, you must provide the payee with the Second “B” Notice. Do not include a
Form W-9. You may also provide an optional reply envelope. Your outside mailing envelope must
be clearly marked “IMPORTANT TAX INFORMATION ENCLOSED” or “IMPORTANT TAX RETURN
DOCUMENT ENCLOSED.”
17. Q… Do I have to mail a Second “B” Notice if I receive the second CP2100 or CP2100A Notice
in the same calendar year as the first notice?
A... No. You may disregard the second CP2100 or CP2100A notice, even if it relates to a different tax
year than the rst notice. You also have no obligation to mail a second ‘B’ Notice if you receive the
second CP2100 or CP2100A Notice in a different calendar year than the rst, but both of the CP
notices relate to the same payee’s account for the same calendar year.
18. Q… What should I do if a “B” Notice is returned as “undeliverable”?
A... You must begin backup withholding. However, try to get the correct address for the payee and remail
the notice. If you cannot nd the correct address, keep the undelivered notice with your records for
a period of three years, in order to track the “two-in-three-year” rule (see Question 13) or, until you
have obtained a valid address.
19. Q… After I receive a CP2100 or CP2100A Notice, when do I start and stop backup
withholding?
A... You must begin backup withholding on all reportable payments to the payee no later than 30
business days after you have received the CP2100 or CP2100A Notice. You must stop backup
withholding on payments within 30 calendar days after you have received the required certication
(Form W-9) from the payee or TIN validation from the SSA or the IRS, if it was a second notication.
At your option, you may start and stop backup withholding at any time during these 30-day periods.
20. Q… What are the first and second annual solicitation requirements?
A... A solicitation is a request for a payee’s correct TIN. You must make the request to satisfy the backup
withholding requirements and to avoid a penalty for ling another information return with a missing or
an incorrect TIN. The payee must furnish a certied TIN (initial solicitation) on Form W-9 with respect
to payments of interest, dividends, and amounts subject to broker reporting. For other payments, the
payee may furnish/provide the TIN in any manner.
FREQUENTLY ASKED QUESTIONS
8
Backup Withholding For Missing and Incorrect Name/Tin(S)
For missing TINs: For all payees you must make the initial solicitation when the payee opens the
account or when the transaction occurs. If the payee does not provide a TIN when you initially
ask for it, you must begin backup withholding. In addition, to avoid a penalty for ling an incorrect
information return, you must make a rst annual solicitation by December 31 of the year in which
the account is opened (for accounts opened before December) or January 31 of the following year
(for accounts opened during the preceding December). If the payee does not provide a TIN after the
rst annual solicitation, you must make the second annual solicitation by December 31 of the year
following the calendar year in which the account was opened.
For incorrect TINs: You must make up to two annual solicitations in response to the CP2100 or
CP2100A Notice. You must send a B Notice within 15 business days after you receive a CP2100 or
CP2100A Notice. If you receive a Proposed Penalty Notice (972CG) but not a CP2100 or CP2100A
Notice, your annual solicitation must be made by December 31st of the year you received the
Proposed Penalty Notice (972CG). However, if you already sent a B Notice in the calendar year in
response to a CP2100 or CP2100A
Notice, you do not have to send another solicitation in response to the proposed penalty notice. If
the IRS noties you in the next calendar year that a TIN is still incorrect, you must make a second
annual solicitation within 15 business days after you receive the second CP2100 or CP2100A Notice.
21. Q… Does a CP2100 or CP2100A Notice indicate whether it is the first or second notification
of an incorrect TIN for a specific account?
A... No. The backup withholding regulations require that payers be responsible for tracking the status of
the notices they receive.
22. Q… What is the relationship between the requirements to make an annual solicitation for a
payee’s TIN and the requirements to send a “B” Notice?
A... Sending a “B” Notice to a payee in response to a CP2100A or CP2100 Notice satises the annual
solicitation requirement in order to avoid a penalty for ling an information return with an incorrect
TIN.
23. Q… Why are accounts I corrected still on the listing of missing or incorrect TIN(s)?
A... Due to processing cut-off points, a listing may or may not reect your latest corrections. If you know
that an account was corrected, do not send a “B” Notice to the payee.
24. Q… What should I do if a TIN was actually on file but was omitted from the Form 1099 or
reported incorrectly?
A... Make any required change to your records and use the correct information on future lings. Do not
send a “B” Notice to the payee.
25. Q… What should I do if this is the first notification and the Form W-9 is returned with the
same incorrect information?
A... Keep the Form W-9 on le to show that the payee certied the Name/TIN combination. Do not
backup withhold.
FREQUENTLY ASKED QUESTIONS
9
Backup Withholding For Missing and Incorrect Name/Tin(S)
26. Q… If I don’t do business anymore with a payee, or if it was only a one-time transaction, what
should I do with the “B” Notice?
A... Send it and try to get the correct TIN. Also, note your records to track the notice for the “two-in-three
year” rule. You will need this information if you should renew business with the payee. We require that
you track these accounts for three years after the date of the rst CP2100A or CP2100 Notice.
Note: A “B” Notice is not required if no payments have been made to an account and no return is required
for the account for one year.
27. Q… Can a sole proprietor have an SSN or does he or she need an EIN?
A... A sole proprietor may have an SSN or an EIN. However, he or she must always furnish his or her
individual name (on Name Line 1), regardless of whether he or she uses a SSN or an EIN. A sole
proprietor may also provide a business name or Doing Business As (DBA) (on Name Line 2), but he
or she must list his or her individual name rst on the account with you.
28. Q… Should I backup withhold on a payee who is a nonresident alien?
A... Yes. A nonresident alien is subject to backup withholding unless you have a signed Form W-8BEN,
Certicate of Foreign Status of Benecial Owner for United States Tax Withholding, on le for him or
her.
29. Q… Can a Form W-9 for one account be used to correct all accounts?
A... Yes, if the payer required a payee to le only one Form W-9 for all accounts or instruments of the
payee.
30. Q… Can a payee be subject to backup withholding for more than one reason?
A... Yes. However, backup withhold for only one reason at a time.
31. Q… How do I get an EIN?
A... Complete Form SS-4, Application for Employer Identication Number. Follow “How to Apply” in the
instructions for Form SS-4 to obtain an EIN by mail, telephone, or facsimile (fax).
32. Q… What form do I use to report backup withholding?
A... Report backup withholding on Form 945, Annual Return of Withheld Federal Income Tax. For more
information, including the deposit requirements for Form 945, see the instructions for Form 945, or
Pub. 15, (Circular E), Employer’s Tax Guide.
33. Q… How is a Name/TIN mismatch identified?
A... A Name/TIN combination is incorrect if it does not match, or cannot be found, on IRS or SSA les.
For example, a Name/TIN mismatch occurs when an individual name is submitted with a TIN not
associated with the individual name provided. A TIN is not interchangeable with different names.
A business EIN must be used for a partnership, corporation, or non-disregarded Limited Liability
Company (LLC). An SSN must be used with an individual name (In rst name line). A Sole Proprietor
must always provide his/her individual name. A Sole Proprietor may provide his/her Doing Business
As (DBA) name (in second name line) in addition to the required individual name together with the
matching SSN.
FREQUENTLY ASKED QUESTIONS
10
Backup Withholding For Missing and Incorrect Name/Tin(S)
34. Q… What amount is subject to backup withholding with respect to security sales made
through margin accounts?
A... The amount subject to backup withholding in the case of a security sale made through a margin
account is limited to the amount of cash available for withdrawal by the customer immediately after
the settlement of the sale. The amount available for withdrawal by the customer does not include
amounts required to satisfy margin account maintenance. If a margin call forces a customer into a
sell - off, such proceeds are not subject to backup withholding.
35. Q… In what manner should a payer treat erroneously withheld tax?
A... If a payer withholds from a payee in error or withholds more than the correct amount of tax, the
payer may refund the amount improperly withheld. The refund must be made prior to the end of the
calendar year and prior to the time the payer issues a Form 1099. If the payer has not deposited
the amount of the tax prior to the time that the refund is made to the payee, the payer should not
deposit the improperly withheld tax. If the improperly withheld tax has been deposited prior to the
time the refund is made to the payee, the payer may adjust any subsequent deposit of tax collected,
which the payer is required to make, by the amount of the tax which has been refunded to the
payee. Payers may use refund alternatives only when backup withholding is the result of an error
by the payer. The timely submission of requested TIN information including any verications and/or
certications by the payee does not establish an error by the payer.
3
Part
12
Backup Withholding For Missing and Incorrect Name/Tin(S)
Part 3 WHERE TO CALL FOR HELP
If you have any questions about backup withholding, information reporting, Forms 1099, or the CP2100 or
CP2100A Notice(s) and listing(s), you may call:
Technical Services Operation Customer Service Section
Telephone (866) 455-7438 (TOLL FREE) / (304) 263-8700 (not toll free)
Hours 8:30 am to 4:30 pm Monday through Friday, ET
Access this publication on-line at www.irs.gov/pub/irs-pdf/p1281.pdf.
4
Part
14
Backup Withholding For Missing and Incorrect Name/Tin(S)
Part 4 ACTIONS FOR MISSING TIN(S) AND
INCORRECT NAME/TIN COMBINATIONS
The CP2100 or CP2100A Notice includes a listing(s) of the information returns you led that had missing, incorrect,
and/or not currently issued TIN(s). You should compare the listing(s) to your records to determine which of the
following required actions you must take.
Missing TIN(s)
We consider a TIN to be missing if it is not provided or if it is obviously incorrect. Examples are a TIN with more or
less than nine digits, or with a mixture of digits and letters. For accounts with missing TIN(s), make sure backup
withholding has begun and continue backup withholding until you receive a TIN. If you have not begun backup
withholding, generally you must:
1. Begin backup withholding on any reportable payment you make and continue backup withholding until you
receive a TIN. Remember that in some cases, the TIN must be certied.
2. Do not send a rst or second “B” Notice in response to the CP2100 or CP2100A Notice. However, in order
to avoid a penalty for ling an information return that omitted the payee’s TIN, you must make a rst annual
solicitation for the TIN (generally by December 31 of the year in which the account is opened) and if a TIN is
still not received make a second annual solicitation by December 31 of the following year. No annual solici-
tations are required in the years in which no reported payments are made.
3. Report amounts withheld on Form 945, Annual Return of Withheld Federal Income Tax, and make the
required deposits.
Note: Generally, you must obtain a TIN from a payee even for a “one-time” transaction. If you do not, the law
allows us to charge a penalty. Publication 1586, Reasonable Cause Regulations and Requirements for Missing
and Incorrect Name/TIN(s), has information on removing or reducing penalties due to reasonable cause.
Note: If you inadvertently did not include the TIN on the information return, do not contact the payee. Include
the TIN on any future information returns led.
Incorrect Name/TIN Combinations (including not currently issued TINs)
A Name/TIN combination is incorrect if it does not match or cannot be found on IRS or SSA les. You must follow
different procedures depending on whether information on the listing(s) agrees or disagrees with you business
records. Compare the listing(s) with your records and take the following actions:
For account information that does not agree, check to see if you put the incorrect information on the return, if the
information changed after you led the return, or if the IRS misprinted the information when processing the return.
In these situations, do not write to the IRS. However:
1. If you reported the incorrect information on the return, correct your records and include that information
on any future information returns you le. Do not send a “B” Notice to the payee. Do not send the
correction to the IRS.
2. If the information changed after you led the return, include that information on any future information
returns you le. Do not send a “B” Notice to the payee. Do not send the correction to the IRS.
3. If the IRS misprinted your information, make a note of it in your records and do not take any action. Do not
send the correction to the IRS.
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS
15
Backup Withholding For Missing and Incorrect Name/Tin(S)
For account information that agrees with your records, determine whether this is the rst or second time,
within three calendar years, that we have notied you about an incorrect Name/TIN combination. Your rst
notication of an incorrect Name/TIN combination occurs when the payee TIN appears for the rst time on the
listing we send you. The second notication of an incorrect Name/TIN combination is when the same payee
TIN appears for the second time within three calendar years on the listing.
Note: The 60-day exemption from backup withholding on presentation of an awaiting - TIN certicate
applies only to interest and dividend payments, and certain payments made with respect to readily tradable
instruments. Any other reportable payment, such as non-employee compensation, is subject to backup
withholding immediately, even if the payee has applied for and is awaiting a TIN. Upon presentation of
an awaiting TIN certicate, the payee must certify under penalties of perjury that he/she is not currently
subject to backup withholding.
First “B” Notice
1. Send the First “B” Notice, Form W-9, and an optional reply envelope to the payee within 15 business
days from the date of the CP2100/CP2100A Notice or the date you received it (whichever is later). Date
the “B” Notice no later than 30 business days after the date of the CP2100/CP2100A Notice or the date
you received it (whichever is later). The outer mailing envelope must be clearly marked “IMPORTANT
TAX INFORMATION ENCLOSED” or “IMPORTANT TAX RETURN DOCUMENT ENCLOSED.”
2. Make sure that necessary information such as the date, account number, and BWH rate are on the
“B” Notice before mailing it to the payee. If you do not include the optional reply envelope be sure to
provide return address information in your mailing.
3. Update your records with the corrected information you receive from the payee and include it on any
future information returns you le. Do not send the signed Form W-9 to the IRS.
4. Begin backup withholding on payments made to payees who do not return a signed Form W-9 in
response to the First “B” Notice, no later than 30 business days after the date of the CP2100/CP2100A
Notice or the date you received it (whichever is later). However, you may begin backup withholding the
day after the date you receive the CP2100 Notice. Stop backup withholding no later than 30 calendar
days after you receive the signed Form W-9 from the payee. You may stop backup withholding any time
within that 30 calendar day period.
Note: Do not le a corrected Information Return unless you are also making a change to the dollar amount
reported on a Form 1099.
Note: It is your responsibility to send the appropriate “B” Notice to the payee, when required, to obtain
the correct Name/TIN. This information may not be solicited by telephone. You need a TIN that the payee
certies as correct on Form W-9 in order to stop current backup withholding or prevent backup withholding
from starting.
Second “B” Notice
1. Send the Second “B” Notice and an optional reply envelope to the payee within 15 business days
after the date of the CP2100/CP2100A Notice or the date you received it (whichever is later). Date
the “B” notice no later than 30 business days after the date of the CP2100/CP2100A Notice or the
date you received it (whichever is later). Do not send a Form W-9. The outer mailing envelope must
be clearly marked “IMPORTANT TAX INFORMATION ENCLOSED” or “IMPORTANT TAX RETURN
DOCUMENT ENCLOSED.”
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS
16
Backup Withholding For Missing and Incorrect Name/Tin(S)
2. An individual payee must provide the payor with a copy of a Social Security card with his or her correct
name and SSN. Payors may rely upon a Social Security card as being correct only if the name and
SSN combination appearing on the card differ from the name and SSN combination appearing on the
second B notice, or if there is a date appearing on the Social Security card that is no earlier than six
months prior to the date of the second B notice. If the TIN is an EIN, the payee must contact the IRS
to get his or her employer identication number validated on the IRS Letter 147C. A “Letter 685C” is
requested from the IRS by the payee to validate an ITIN. The payee then sends a copy of the “Letter
685C” received from the IRS to the Payer. A “Letter 096C” is requested by the payee from the IRS to
validate an ATIN. The payee then sends a copy of the “Letter 096C” received from the IRS to the payer.
3. Allow 30 business days after the date of the Second “B” Notice to receive a copy of a Social Security
card described in paragraph 2 or Letter 147C from the payee. Begin backup withholding on payments
made to the payee if you do not receive a copy of a Social Security card or Letter 147C by the 30th
business day. You may, at your option, begin backup withholding anytime during the 30 business day
period. You must continue to backup withhold until you receive the validation. Stop backup withholding
no later than 30 days after you receive the required validation. You may stop backup withholding
anytime within the 30 calendar day period after receiving validation.
Note: You are not required to le a corrected Information Return unless you are also making a change to
the dollar amount reported on Form 1099.
Note: It is your responsibility to send the appropriate “B” notice to the payee, when required, to solicit
the correct Name/TIN. This information may not be solicited by telephone. You need a TIN validation (IRS
Letter 147C or a copy of a Social Security cardas appropriate) in order to stop current backup withholding
or prevent backup withholding from starting.
Third and Subsequent Notices
Generally, you may ignore a third or subsequent notice of missing or incorrect TIN(s) if you completed the
actions for the First and Second “B” Notices and the incorrect payee name and TIN combination and account
number remain the same. However, if the CP2100/CP2100A Notice and listing(s) relate to the same payee, but
with a different Name/TIN combination than on the “rst” and “second” notice, you must treat the notice as a
“rst” notice.
5
Part
18
Backup Withholding For Missing and Incorrect Name/Tin(S)
Part 5 ACTIONS FOR MISSING TIN(S) AND
INCORRECT NAME/TIN COMBINATIONS
This section provides an overview of the IRS matching process and the development of name
controls.
The information returns you le must include a correct Name/TIN combination to allow us to match the
information reported against the income included on the payee’s income tax return. We check whether a Name/
TIN combination is correct by matching it against a le containing all social security numbers (SSNs) issued by
SSA or against a le containing all employer identication numbers (EINs) issued by IRS. Then we compare the
name control on the payee document (if provided) to the name control on le. If a name control is not provided, we
develop it from the name(s) provided on the rst two name lines (up to 40 characters for each name line including
spaces) of the information return. If we can match a provided name or a developed name control to the name
control in our records, we consider it correct. If no match is found using this process, we consider the Name/TIN
combination to be incorrect. The chart on the back of Form W-9 has information for payees about “What Name
and Number to Give the Requester” of Form W-9.
Name Controls
A name control consists of up to four characters. To help ensure that the Name/TIN combination for an account
matches the Name/TIN combination on IRS and SSA les, use the following information when you open an account
for a payee.
Individuals
We develop a name control for an individual from the last name on the information return. For example:
Ralph Teak; Dorothy Willow; Joe McCedar
If an individual has a hyphenated last name, we develop the name control from the rst of the two last names. For
example:
Joan Cedar-Hawthorn; Victoria Windsor-Maple
For joint accounts, regardless of whether the payees use the same or different last names, we develop the name
control from the primary payee’s last name. For example:
Joseph Ash & Linda Birch; Edward & Joan Maple
Reminder: If a payee has changed his or her last name, for instance, due to marriage, he or she needs to
inform the Social Security Administration (SSA) of the name change.
Hint: On name line one of the Form 1099, a payer should enter the payee’s rst name and new last name (if the
change has been made with SSA), or the payee’s rst name, former last name, and new last name (if the change
has not been made with SSA).
Sole Proprietors
We generally develop the name control (rst name line) from the last name on the information return. For example:
Mark Hemlock; The Sunshine Cafe; Karen Birch; Ace Computer Co.
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS
19
Backup Withholding For Missing and Incorrect Name/Tin(S)
Hint: Payers may enter a sole proprietor’s business, trade, or “doing business as” name on the second
name line of the information return. However, the individual name must be provided on the rst name line.
When individual name is provided on the rst name line as shown above, the Sole Proprietor can provide
either SSN or EIN (TIN) information.
Estates
We develop the name control for a decedent’s estate from the decedent’s name on the rst name line on the
information return. The decedent’s name may be followed by the word “Estate.” (The TIN should be the one
that was assigned to the estate.) For example:
Frank White Estate
Alan Greene, Exec
Estate of Frank White
John Black, Exec
Trusts and Fiduciaries
We generally develop the name control for a trust or duciary account from the name of the person in whose
name the trust or duciary account was established. For example:
Jonathan Periwinkle Irrevocable Trust
FBO Patrick Redwood
Chestnut Bank, Trustee
Memory Church Endowment Trust
John Waxbean, Trustee
Partnerships
We develop the name control for a partnership from the trade or business name of the partnership; if there is
not any, we develop the name control from the last name of the rst partner listed on the original Form SS-4
(which was used to apply for the EIN). For example:
(The) Oak Tree A.S. Greene, K.L. Black & O.H. Brown, Ptrs.
Bob Orange & Carol Black, et al Ptrs. d.b.a.
The Merry Go Round
E.F. Brown, M.S. White & T.J. Green, Ptrs.
The Brown & White Company
Other Organizations
We develop the name control for other organizations from the entity’s name on the original Form SS-4 (which
was used to apply for the EIN).
St Bernard’s Methodist Church Building
Fund for St. Bernard’s Church
ABC Company
Main Street Store
NOTE: Extraneous words, titles, and special characters (i.e., Mr., Mrs., Dr., and apostrophes, etc.),
may be dropped during the development of name controls. For example, we dropped the period in St.
Bernard’s Methodist Church.
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS
20
Backup Withholding For Missing and Incorrect Name/Tin(S)
First B Notice
IMPORTANT TAX NOTICE ACTION IS REQUIRED
Backup Withholding Warning!
WE NEED A FORM W-9 FROM YOU BEFORE: _______________________. Otherwise; backup withholding
will begin on
Account Number
Current Name on Account
Current TIN on Account
The Internal Revenue Service (IRS) has notied us that the taxpayer identication number (TIN) on your
account with us does not match its records. The IRS considers a TIN as incorrect if either the name or number
shown on an account does not match a name and number combination in their les or the les of the Social
Security Administration (SSA). If you do not take appropriate action to help us correct this problem before the
date shown above, the law requires us to backup withhold on interest, dividends, and certain other payments
that we make to your account. The backup withholding rate is: __ [set forth rates/dates] In addition to backup
withholding, you may be subject to a $50 penalty by the IRS for failing to give us your correct Name/ TIN
combination. This notice tells you how to help us make your account records accurate and how to avoid
backup withholding and the penalty.
Why Your TIN May Be Considered As Incorrect.
An individual’s TIN is his or her social security number (SSN). Often a TIN does not match IRS records
because a name has changed through marriage, divorce, adoption, etc., and the change has not been
reported to SSA, so it has not been recorded in SSA’s les. Sometimes an account or transaction may not
contain the correct SSN of the actual owner. For example, an account in a child’s name may reect a parent’s
SSN. (An account should be in the name and SSN of the actual owner.)
What You Need To Do for Individuals
If you have never been assigned a social security number (or if you lost your social security card and do not
know your SSN), call your local SSA ofce and nd out how to obtain an original (or a replacement) social
security card. Then apply for it. If you already have a social security number: Compare the name and SSN on
your account with us (shown at the beginning of this notice) with the name and SSN shown on your social
security card. Then use the chart on the next page to decide what action to take.
IF THEN
1. The last name and SSN on your account
agree with the last name and SSN on
your social security card
1. Contact your local SSA ofce to ascertain
whether the information on SSA’s
records is different from that on your
social security card, and to resolve any
problem. Also, put your name and SSN
on the enclosed Form W-9 following the
instructions on the form. Sign the Form
W-9 and send it to us.
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS
21
Backup Withholding For Missing and Incorrect Name/Tin(S)
IF THEN
2. The SSN on your account is different from
the SSN on your social security card, but
the last name is the same
2. Put your name and SSN, as shown on
your social security card, on the enclosed
Form W-9, following the instructions on
the form, sign it, and send it to us. You do
not need to contact SSA.
3. The last name on your account is different
from the last name on your social security
card, but the SSN is the same on both
3. Take one of the following steps (but not
both):
a) If the last name on your account is
correct, contact SSA to correct the
name on your social security card. Put
your SSN and name shown on your
account on the enclosed Form W-9
following the instructions on the form,
sign it, and send it to us. However, if
you are not able to contact SSA at this
time, you can provide us with both last
names. Put your SSN and the name
shown on your social security card plus
the last name shown on your account
(in that order) on the enclosed Form
W-9 following the instructions on the
form, sign it, and return it to us. For
example, if your social security card
lists your maiden name, give us your
SSN and your name in the following
order: First/ maiden/married name.
Please note, however, that you should
contact SSA as soon as possible so
they can correct their records.
b) If the last name on your social security
card is correct, put that name and
your SSN on the enclosed Form W-9
following the instructions on the form.
Sign it, and return it to us. You do not
need to contact SSA.
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS
22
Backup Withholding For Missing and Incorrect Name/Tin(S)
IF THEN
4. Both the last name and SSN on your
account are different from the last name
and SSN on your social security card
4. Take one of the following steps (but not
both):
a) If the last name and SSN on your social
security card are correct, put that name
and SSN on the enclosed Form W-9
following the instructions on the form.
Sign it, and send it to us. You do not
need to contact SSA.
b) If the last name on your account and
the SSN on your social security card
are correct, follow the procedure in
section 3(a) above. Be sure to put the
name shown on your account and the
name on your social security card on
the Form W-9.
Once you have resolved what your correct name and TIN combination is, you must provide this information
to us (and all your other payors) for all of your accounts to avoid a problem in the future. If you are required
to visit an SSA ofce, take this notice, your social security card, and any other related documents with
you. Information regarding what documentation is needed to update information with the Social Security
Administration is available at ssa.gov.
Instructions for Non-individuals and Certain Sole Proprietors
For most non-individuals (such as trusts, estates, partnerships, and similar entities), the TIN is the employer
identication number (EIN). The EIN on your account may be incorrect because it does not contain the number
of the actual owner of the account. For example, an account of an investment club or bowling league should
reect the organization’s own EIN and name, rather than the SSN of a member. Please put the name and EIN
on the enclosed Form W-9, sign it, and send it to us.
A sole proprietor must furnish his or her individual name and either his or her SSN or the EIN for his or her
sole proprietorship. In addition to his or her individual name, the sole proprietor may also furnish the business
name for the sole proprietorship, provided his or her individual name is listed before the business name. A
sole proprietor must not furnish only the business name. Please put the individual name and SSN or EIN on
the enclosed Form W-9, sign it, and send it to us.
Important Reminder!
You must send us a signed IRS Form W-9 before the due date of this notice even if the name and number
(SSN or EIN) on your account with us match the name and number (SSN or EIN) on your social security card
or the document issuing you an EIN. If we do not receive your Form W-9, and any other documents that we
need to change the name or TIN (or both) on your account before the date of this notice, we are required by
law to backup withhold on any reportable payment that we pay to your account until we receive the necessary
documents. A Form W-9 is enclosed for your convenience, as well as any additional documents allowing us to
change the Name/TIN combination on your account.
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS
23
Backup Withholding For Missing and Incorrect Name/Tin(S)
Second B Notice
IMPORTANT TAX NOTICE ACTION IS REQUIRED
Second Backup Withholding Warning!
YOU MUST HAVE THE IRS OR SSA VALIDATE YOUR TAXPAYER IDENTIFICATION NUMBER AND
RETURN IT TO US BY: ________________________________. Otherwise, backup withholding will begin.
Account Number
Current Name on Account
Current TIN on Account
We have received notice from the Internal Revenue Service (IRS) twice within 3 years stating that the
combination of the name and taxpayer identication number (Name/TIN combination) on your account with us
is incorrect. (Your account number, current name on the account, and current taxpayer identication number
(TIN) on the account are shown above.) A Name/TIN combination is incorrect if it does not match a Name/TIN
combination shown on the records of the Social Security Administration (SSA) or the IRS.
You should follow the instructions below to correct this problem and send the corrected information to us
before the date shown above. If we do not have the correct information before that date, the law requires us
to backup withhold on interest, dividends, and certain other payments that we make to your account. The
backup withholding rate is: __ [set forth rates/dates]
Section 3406 of the Internal Revenue Code requires that we withhold a predetermined percent in tax, called
backup withholding, when you do not give us your correct Name/TIN combination. Because of the notices we
received from the IRS, we are now required to disregard any future Name/TIN combinations you furnish us for
your account (whether or not you certify your TIN under penalties of perjury) unless SSA (or, in the case of an
incorrect employer identication number, the IRS) validates your Name/TIN combination. Also, the IRS may
charge you a $50 penalty for failing to provide us with your correct Name/TIN combination.
What You Need To Do
Follow the instructions below to correct your account record to avoid backup withholding on your account (or
to stop it once it has begun) and to avoid the penalty.
Individuals
Instructions for Incorrect Social Security Numbers
If the incorrect TIN you furnished us is a social security number, you must:
1. Provide us with a copy of your Social Security card. The social security card must show your correct
name/SSN combination that differs from the name and SSN combination appearing on this notice or
it must show a date of issuance that is no earlier than six months prior to the date on this notice. Send
the copy directly to us with a copy of this notice attached.
2. If you do not have a card meeting the requirement in item 1, you must apply for a Social Security
card by submitting SSA Form SS-5 to the SSA in person or by mail. That form and further information
regarding application for a Social Security card is available at ssa.gov.
3. In addition to the required identifying information for obtaining a Social Security card, give a copy of this
notice to the SSA.
4. Allow 7-10 business days for receipt of your Social Security card.
5. Once you receive your Social Security card, make a copy of the card and send the copy directly to us
with a copy of this notice attached.
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS
24
Backup Withholding For Missing and Incorrect Name/Tin(S)
Non- individuals or Certain Sole Proprietors
Instructions for Incorrect Employer Identication Numbers
If the incorrect TIN you furnished is an employer identication number, you must:
1. Write the Internal Revenue Service Center where you le your income tax return, and ask the IRS to
send you a Letter 147C;
2. Enclose a copy of this notice in your letter to the Internal Revenue Service Center; and
3. When the IRS sends you the Letter 147C, send it to us with a copy of this notice attached.
Note: Internal Revenue Service Center address information can be found at www.irs.gov.
6
Part
26
Backup Withholding For Missing and Incorrect Name/Tin(S)
Part 6 FLOW CHART
FLOWCHARTING FOR INCORRECT NAME/TINs
20
PART 6. FLOW CHART
FLOWCHARTING FOR INCORRECT NAMES/TINs
Part 6. FLOWCHARTS
Incorrect
Name/TIN
Does the
Name/TIN and the
account number on
the notice match
your records?
This is the
second
notication
within a three
year period.
Send the
second
B-Notice to
the payee.
Send the rst
B-Notice with
Form W-9 to
the payee.
No action
required.
Is the mismatch due
to IRS processing?
Is the mismatch
due to an error in
your submission?
Correct your
records if
necessary.
Stop backup
withholding if
already begun.
Did the payee
return a certied
W-9 within 30
business days?
Did the
payee return
a copy of his or her
Social Security card
OR a 147C within 30
business
days?
Mismatch due
to record
update.
No action
required.
Update your
records with
the certied
Name/TIN.
Begin backup
withholdiing
within/by 30
business days.
Begin backup
withholdiing
within/by 30
business days.
Update your
records
Is this the rst
notication?
YES
YES
YES
YES
YES
YES
NO
NO
NO
NO
NO
NO
FLOWCHARTING for INCORRECT NAME/TINs
FLOW CHART
27
Backup Withholding For Missing and Incorrect Name/Tin(S)
FLOWCHARTING FOR MISSING TINs
Note: The EIN of the ler of forms W-2G, 1099-B, 1099-DIV, 1099-G, 1099-INT, 1099-K, 1099-MISC,
1099-NEC, 1099-OID, or 1099-PATR must match the EIN of the ler of Form 945, Annual Return of
Withheld Federal Income Tax.
21
FLOWCHARTING FOR MISSING TINs
Missing TIN
Is the missing TIN
due to an error in
your submission?
Correct your
records if
necessary.
Continue to
backup
withhold until
a TIN is
received.
Annual
solicitation
request for TIN,
remit backup
withholding on
Form 945.
Continue to
backup withhold
until a TIN is
received.
Are you backup
withholding on the
account?
NO YES
YES
FLOWCHARTING for MISSING TINs
Have you
requested a TIN?
Did you receive a
response?
Begin backup
withholding.
NO
Update your
records and
STOP backup
withholding.
YES
Make annual
solicitations
for TIN as
required to
avoid penalty.
Remit backup
withholding on
Form 945.
Continue to
backup
withhold until
a TIN is
received.
NO
YESNO
Note -The EIN of the filer of forms W-2G, 1099-B, 1099-DIV, 1099-G, 1099-INT, 1099-K, 1099-MISC,
1099-NEC, 1099-OID, or 1099-PATR must match the EIN of the filer of Form 945, Annual Return of
Withheld Federal Income Tax.
7
Part
29
Backup Withholding For Missing and Incorrect Name/Tin(S)
Part 7 NAME COMPRESSION SPECIFICATIONS
FOR “B” NOTICE TAPE CARTRIDGES
Use the following information to standardize the entity information on your computer program/system so that it is
the same as the entity information on the “B” Notice cartridges we send to you:
Payee Name Line 1
 ■
Blank out or eliminate all special characters on this line except ampersands (&), dashes (-) and commas (,).
 ■
For each position on this line, if a character is not an alpha, numeric, blank, ampersand, dash, or comma,
change it to a blank. Exception: apostrophes (‘) should be eliminated (instead of being changed to a blank)
i.e. O’Hanlon should be OHanlon
Payee Name Line 2
 ■
Blank out or eliminate all special characters on this line except ampersands, dashes, and percentage
symbols (%).
 ■
For each position on this line, if a character is not an alpha, numeric, blank, ampersand, dash, or
percentage symbol, change it to a blank. Exception: apostrophes should be eliminated (instead of being
changed to a blank).
Street Address
 ■
Blank out all special characters on this line except ampersands, dashes, and percentage symbols.
 ■
For each position on this line, if a character is not an alpha, numeric, blank, ampersand, dash, or
percentage symbol, change it to a blank.
City
 ■
Blank out all special characters on this line except ampersands and dashes.
 ■
For each position on this line, if a character is not an alpha, numeric, blank, ampersand or dash, change it
to a blank.
Squeeze-and-Left Justify
We use this command to search for groups of leading blanks and intervening blanks in each payee entity line
(payee name lines 1, 2, street address, and city) and remove them. It also left-justies each line. Therefore,
For each entity line:
1. eliminate all leading blanks, 2) if two or more blanks in a row are followed by signicant data, eliminate all
but one blank and 3) blank ll trailing positions left on the line.
Foreign Addresses Forms 1099 led on tape cartridge, or electronically, undergo the following processing. If the
FOREIGN-COUNTRY-INDICATOR is equal to “1” THEN:
 ■
set the STATE CODE to “.” (Note: this code has two positions, the rst is a period and the second is a
blank) and
 ■
set the ZIP code to “00000”.
8
Part
31
Backup Withholding For Missing and Incorrect Name/Tin(S)
Part 8 INSTRUCTIONS FOR READING TAPE
CARTRIDGES
General
A tape cartridge le will have the following characteristics:
a) 18 channel Standard Label/EBCDIC with: (a) odd parity and (b) a density of 1600 BPI.
b) Tape cartridges will be ½ -inch tape contained in plastic cartridges which are approximately 4-inches by 5
-inches by 1 -inch in dimension. Magnetic tape will be chromium dioxide particle based ½ -inch tape.
c) Tape cartridges are 3480 compatible (a) Contain 37,871 CPI
d) Tape thickness - 1.0 or 1.5 mils
Record Length
A tape will be blocked in groups of 20 records, subject to the following:
a) a record will be 208 tape positions,
b) all records except the Header and Trailer Labels will be blocked,
c) a block will be 4,160 tape positions, and
d) in the event of a short block (less than 20 records), all remaining positions will be lled in with 9s.
Tape Marking Conventions
Header Label:
a) Standard headers will be used. They will be marked VOL1, HDR1, HDR2. 2. The HDR1 record will contain
the Data Set Name “O4061211.” 3. This record will be 80 positions long.
Trailer Label:
a) Standard trailer labels will be used. They will begin with EOR1, EOR2, EOF1 or EOF2.
b) This label will be 80 positions long.
Tape Marks:
a) Tape marks are used to signify the physical end of the recording on the tape.
b) They follow the header label, and precede and follow the trailer label.
External Label:
A label marked with the Data Set Name “O4061211” will be put on the cartridge(s).
INSTRUCTIONS FOR READING TAPE CARTRIDGES
32
Backup Withholding For Missing and Incorrect Name/Tin(S)
PAYER “A” RECORD
TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS
1 RECORD TYPE 1 An “a” will be entered
2-16 ACCESS KEY 15
Number used by the irs to group a payer’s
information return transmittals.
17-18 SERVICE CENTER 2
Two digit service center codes:
Brookhaven 19
Cincinnati 17
Memphis 49
Ogden 29
Philadelphia 28
19-27 PAYER’S EIN 9 The nine digit number assigned by the irs.
28-67 PAYER’S NAME 40 Self-explanatory.
68-75
NUMBER OF
DOCUMENTS
8
The number of information returns with
missing and incorrect tins associated with this
payer. It will be right justified and zero filled.
76-83 BWH TIN STATUS 1 CNT 8
The number of documents sent to the payer
with a bwh-tin-status-indequal to “1” (see
payer “b” record). It will be right justified and
zero filled.
84-91 BWH TIN STATUS 2 CNT 8
The number of documents sent to the payer
with a bwh-tin-status-ind equal to “2” (see
payer “b” record). It will be right justified and
zero filled.
92-99 BWH TIN STATUS 3 CNT 8
The number of documents sent to the payer
with a bwh-tin-status-ind equal to “3” (see
payer “b” record). It will be right justified and
zero filled.
100 FILLER 1 Blank filled
101-104 TAX YEAR 4 Tax year documents were submitted
105-208 FILLER 104 Blank filled
INSTRUCTIONS FOR READING TAPE CARTRIDGES
33
Backup Withholding For Missing and Incorrect Name/Tin(S)
PAYER “B” RECORD
TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS
1 RECORD TYPE 1 A “b” will be entered
2-10 TIN 9 The payee’s tin
11 BWH TIN STATUS 1
“1” Missing tin “2” not currently issued tin “3”
incorrect name/tin
12-16 TCC 5 Transmitter control code
17-18 DOC TYPE 2
“10” = Form 1099-k “79” = form 1099-b “91”
= form 1099-g “86” = form 1099-div “92” =
form 1099-int “95” = form 1099-misc “96” =
form 1099-oid “97” = form 1099-patr “71” =
form 1099-nec
19-38 ACCOUNT NUMBER 20 Payee’s account number from payer
39-78 NAME LINE 1 40 Payee’s name line 1
79-118 NAME LINE 2 40 Payee’s name line 2
119-158 STREET ADDRESS 40 Payee’s street address
159-188 CITY 30 Payee’s city
189-190 STATE CODE 2 Payee’s state code
191-195 ZIP CODE 5 Payee’s zip code
196 TIN INDICATOR 1
“1” = Payer indicated ein
“2” = Payer indicated ssn
“0” = No tin indicated
197-200 PAYER OFFICE CODE 4 Alphanumeric
201-208 SEQUENCE NUMBER 8 Sequence number within payer
INSTRUCTIONS FOR READING TAPE CARTRIDGES
34
Backup Withholding For Missing and Incorrect Name/Tin(S)
PAYER “C” RECORD
TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS
1 RECORD TYPE 1 A “c” will be entered
2-33 RECORD COUNTS 32
Counts as described in positions 68-99 of the
payer “a” record
34-208 FILLER 175 Blank filled
9
Part
36
Backup Withholding For Missing and Incorrect Name/Tin(S)
Part 9 CD/DVD Information
CD/DVD Information
If you have 250 to 100,000 incorrect payee “B” records, your data will be on a CD. If you have over 100,000 payee
“B” records then your data will be delivered on a DVD. Please make sure you have the correct type of reader. Many
older readers only read CDs.
The enclosed CD/DVD is encrypted. You should be able to read it by putting it into a CD/DVD reader on your
computer. If you have the “Auto-Run” feature turned on, the system should bring up a pop-up window asking
you to: Please contact the IRS at 1-866-455-7438 to receive your encryption key. International callers may dial
304-263-8700. Have the following information available when calling: TIN, company name, primary or secondary
contact and self assigned PIN number. This encryption key will be needed to unlock your CD/DVD.
If you do not have “Auto-Run” turned on, you won’t see the pop-up window. Contact the IRS at 1-866-455- 7438
to receive your encryption key. International callers may dial 304-263-8700. Please have the following information
available when calling: TIN, company name, primary or secondary contact and self assigned PIN number. You
should have lled out Form 10301 and returned it to the IRS. This form tells the IRS the self selected PIN that you
would like to use.
When you view the CD/DVD there should be one le named “UDnnnn”**. This le will be an .exe le. When you
double-click on the le a box will open asking for your encryption key. Put in your encryption key, click “OK” the
next screen will ask you to browse the folder tree and select to where you want to extract the les. Click on “OK”
and the les are extracted. Please make sure to keep tax data secure.
On the CD/DVD please find the files described below:
I40642.UAnnnn ** is the Payer A-Record le. 114 Characters.
I40642.UBnnnn ** is all the Incorrect Payee B-Records. Each 222 Characters.
I40642.UCnnnn ** is the Payer C-Record le. 37 Characters.
A Copy of Publication 1281. ** nnnn is the CD/DVD transmittal number.
Each le record layout is described below.
These les are .txt les; So if you read them with Note Pad, word processing software, etc. you will see the Pipe
Codes “|” as separate characters between each eld. If you open the le with Excel, you can read it as a delimited
le set the delimiters as pipes “|”. You then will see the le laid out without the Pipe Codes “|”, just like Cartridges
of past years. Be careful to set or convert elds to text so that leading zeros are not truncated or blanked out.
The IRS hopes this new delivery method meets most of your requests to move away from the tape cartridges.
CD/DVD INFORMATION
37
Backup Withholding For Missing and Incorrect Name/Tin(S)
PAYER “A” RECORD
POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS
1 RECORD TYPE 1 An “a” will be entered
2 PIPE CODE 1 “|”
3-17 ACCESS KEY 15
Number used by the irs to group a payer’s
information return transmittal
18 PIPE CODE 1 “|”
19-20 SERVICE CAMPUS 2
Two digit service campus code
Brookhaven=19
Cincinnati = 17
Memphis = 49
Ogden = 29
Philadelphia = 28
21 PIPE CODE 1 “|”
22-30 PAYER’S TIN 9 The nine digit number assigned by the irs
31 PIPE CODE 1 “|”
32-71 PAYER’S NAME 40 Self-explanatory
72 PIPE CODE 1 “|”
73-80
NUMBER OF
DOCUMENTS
8
The number of information returns with
missing and incorrect tins associated with this
payer. It will be right justified and zero filled
81 PIPE CODE 1 “|”
82-89 BWH TIN STATUS 1 CNT 8
The number of documents sent to the payer
with a bwh-tin-status-ind equal to “1” (see
payer “b” record). It will be right justified and
zero filled
90 PIPE CODE 1 “|”
91-98 BWH TIN STATUS 2 CNT 8
The number of documents sent to the payer
with a bwh-tin-status-ind equal to “2” (see
payer “b” record) it will be right justified and
zero filled.
CD/DVD INFORMATION
38
Backup Withholding For Missing and Incorrect Name/Tin(S)
POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS
99 PIPE CODE 1 “|”
100-107 BWH TIN STATUS 3 CNT 8
The number of documents sent to the payer
with a bwh-tin-status-ind equal to “3” (see
payer “b” record) it will be right justified and
zero filled.
108 PIPE CODE 1 “|”
109 FILLER 1 BLANK FILLED
110 PIPE CODE 1 “|”
111-114 TAX YEAR 4 TAX YEAR DOCUMENTS WERE SUBMITTED
CD/DVD INFORMATION
39
Backup Withholding For Missing and Incorrect Name/Tin(S)
PAYER “B” RECORD
TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS
1 RECORD TYPE 1 A “b” will be entered
2 PIPE CODE 1 “|”
3-11 TIN 9 The payee’s tin
12 PIPE CODE 1 “|”
13 BWH TIN STATUS 1
“1” Missing tin “2” not currently issued “3”
incorrect name/tin
14 PIPE CODE 1 “|”
15-19 TCC 5 Transmitter control code
20 PIPE CODE 1 “|”
CD/DVD INFORMATION
40
Backup Withholding For Missing and Incorrect Name/Tin(S)
TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS
21-22 DOC TYPE 2
“02” = Form 1042-s
“10” = Form 1099-k
“21” = Form w-2
“27” = Form 5498s
“28” = Form 5498s
“31” = Form 1099-q
“32” = Form w2-g
“71” = Form 1099-h (through tax year 2019)
“71” = Form 1099-nec (tax year 2020 and
later)
“72” = Form 5498-esa
“73” = Form 1099-cap
“75” = Form 1099-s
“79” = Form 1099-b
“80” = Form 1099-a
“81” = Form 1098
“83” = Form 1098-t
“84” = Form 1098-e
“85” = Form 1099-c
“86” = Form 1099-g
“91” = Form 1099-div
“92” = Form 1099-int
“93” = Form 1099-ltc
“94” = Form 1099-sa
“95” = Form 1099-misc
“96” = Form 1099-oid
“97” = Form 1099-patr
“98” = Form 1099-r
23 PIPE CODE 1 “|”
24-43 ACCOUNT NUMBER 20 Payee’s account number from payer
44 PIPE CODE 1 “|”
45-84 NAME LINE 40 Payee’s name line 1
85 PIPE CODE 1 “|”
86-125 NAME LINE 40 Payee’s name line 2
CD/DVD INFORMATION
41
Backup Withholding For Missing and Incorrect Name/Tin(S)
TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS
126 PIPE CODE 1 “|”
127-166 STR. ADDRESS 40 Payee’s street address
167 PIPE CODE 1 “|”
168-197 CITY 30 Payee’s city
198 PIPE CODE 1 “|”
199-200 STATE CODE 2 Payee’s state code
201 PIPE CODE 1 “|”
202-206 ZIP CODE 5 Payee’s zip code
207 PIPE CODE 1 “|”
208 TIN INDICATOR 1
“1” = Payer indicated ein “2” = payer
indicated ssn “0” = no tin indicated
209 PIPE CODE 1 “|”
210-213 PAYER OFFICE CODE 4 Blank filled
214 PIPE CODE 1 “|”
215-222 SEQUENCE 8
Number of the record as it appeared in your
file
CD/DVD INFORMATION
42
Backup Withholding For Missing and Incorrect Name/Tin(S)
PAYER “C” RECORD
POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS
1 RECORD TYPE 1 A “c” will be entered
2 PIPE CODE 1 “|”
3-10
NUMBER OF
DOCUMENTS
8
The number of information returns with
missing and incorrect tins associated with this
payer. It will be right justified and zero filled
11 PIPE CODE 1 “|”
12-19 BWH TIN STATUS 1 CNT 8
The number of documents sent to the payer
with a bwh-tin-status-ind equal to “1” (see
payer “b” record). It will be right justified and
zero filled
20 PIPE CODE 1 “|”
21-28 BWH TIN STATUS 2 CNT 8
The number of documents sent to the payer
with a bwh-tin-status-ind equal to “2” (see
payer “b” record) it will be right justified and
zero filled
29 PIPE CODE 1 “|”
30-37 BWH TIN STATUS 3 CNT 8
The number of documents sent to the payer
with a bwh-tin-status-ind equal to “3” (see
payer “b” record) it will be right justified and
zero filled.
10
Part
44
Backup Withholding For Missing and Incorrect Name/Tin(S)
Part 10 OTHER FORMS
Instructions for the Requester of Form W-9
 ■
Form W-9, Request for Taxpayer Identication Number and Certication
Instructions for the Requester of Forms W-8BEN, W-8BEN-E, W-8ECI, W-8EXP and W-8IMY
 ■
Form W-8BEN, Certicate of Foreign Status of Benecial Owner for United States Tax Withholding
 ■
Form W-8BEN-E, Certicate of Entities Status of Benecial Owner for United States Tax Withholding
(Entities)
 ■
Form W-8ECI, Certicate of Foreign Person’s Claim for Exemption From Withholding on Income
Effectively Connected With the Conduct of a Trade or Business in the United States
 ■
Form W-8EXP, Certicate of Foreign Government or Other Foreign Organization for United States Tax
Withholding
 ■
Form W-8IMY, Certicate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches
for United States Tax Withholding
Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9
Draft Ok to Print
AH XSL/XML
Fileid: … ons/IW-9/201810/A/XML/Cycle04/source (Init. & Date) _______
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Instructions for the
Requester of Form W-9
(Rev. October 2018)
Request for Taxpayer Identification Number
and Certification
Department of the Treasury
Internal Revenue Service
Section references are to the Internal Revenue Code unless
otherwise noted.
Future Developments
For the latest developments related to Form W-9 and its
instructions, such as legislation enacted after they were
published, go to
IRS.gov/FormW9.
What’s New
Backup withholding rate. The backup withholding rate is 24%
for reportable payments.
Reminders
FATCA and backup withholding exemptions. FATCA
requires a participating foreign financial institution to report all
U.S. account holders that are specified U.S. persons. Form W-9
has an Exemptions box on the front of the form that includes
entry for the Exempt payee code (if any) and Exemption from
FATCA Reporting Code (if any). The references for the
appropriate codes are in the Exemptions section of Form W-9,
and in the Payees Exempt From Backup Withholding and
Payees and Account Holders Exempt From FATCA Reporting
sections of these instructions.
The Certification section in Part II of Form W-9 includes
certification relating to FATCA reporting.
Backup withholding liability. If you do not collect backup
withholding from affected payees as required, you may become
liable for any uncollected amount.
TIN matching e-services. The IRS website offers TIN
Matching e-services for certain payers to validate name and TIN
combinations. See
Taxpayer Identification Number (TIN)
Matching, later.
How Do I Know When To Use
Form W-9?
Use Form W-9 to request the taxpayer identification number
(TIN) of a U.S. person (including a resident alien) and to request
certain certifications and claims for exemption. (See Purpose of
Form on Form W-9.) Withholding agents may require signed
Forms W-9 from U.S. exempt recipients to overcome a
presumption of foreign status. For federal tax purposes, a U.S.
person includes but is not limited to:
•
An individual who is a U.S. citizen or U.S. resident alien;
•
A partnership, corporation, company, or association created
or organized in the United States or under the laws of the United
States;
•
Any estate (other than a foreign estate); or
•
A domestic trust (as defined in Regulations section
301.7701-7).
A partnership may require a signed Form W-9 from its U.S.
partners to overcome a presumption of foreign status and to
avoid withholding on the partner's allocable share of the
partnership's effectively connected income. For more
information, see Regulations section 1.1446-1.
A participating foreign financial institution (PFFI) should
request Form W-9 from an account holder that is a U.S. person.
If an account is jointly held, the PFFI should request a Form W-9
from each holder that is a U.S. person.
Advise foreign persons to use the appropriate Form W-8 or
Form 8233, Exemption From Withholding on Compensation for
Independent (and Certain Dependent) Personal Services of a
Nonresident Alien Individual. See Pub. 515, Withholding of Tax
on Nonresident Aliens and Foreign Entities, for more information
and a list of the W-8 forms.
Electronic Submission of Forms W-9
Requesters may establish a system for payees and payees'
agents to submit Forms W-9 electronically, including by fax. A
requester is anyone required to file an information return. A
payee is anyone required to provide a taxpayer identification
number (TIN) to the requester.
Payee's agent. A payee's agent can be an investment advisor
(corporation, partnership, or individual) or an introducing broker.
An investment advisor must be registered with the Securities
and Exchange Commission (SEC) under the Investment
Advisers Act of 1940. The introducing broker is a broker-dealer
that is regulated by the SEC and the National Association of
Securities Dealers, Inc., and that is not a payer. Except for a
broker who acts as a payee's agent for “readily tradable
instruments,” the advisor or broker must show in writing to the
payer that the payee authorized the advisor or broker to transmit
the Form W-9 to the payer.
Electronic system. Generally, the electronic system must:
•
Ensure the information received is the information sent, and
document all occasions of user access that result in the
submission;
•
Make reasonably certain that the person accessing the
system and submitting the form is the person identified on Form
W-9, the investment advisor, or the introducing broker;
•
Provide the same information as the paper Form W-9;
•
Be able to supply a hard copy of the electronic Form W-9 if
the Internal Revenue Service requests it; and
•
Require as the final entry in the submission an electronic
signature by the payee whose name is on Form W-9 that
authenticates and verifies the submission. The electronic
signature must be under penalties of perjury and the perjury
statement must contain the language of the paper Form W-9.
For Forms W-9 that are not required to be signed, the
electronic system need not provide for an electronic
signature or a perjury statement.
For more details, see the following.
•
Announcement 98-27, which is on page 30 of Internal
Revenue Bulletin 1998-15 at
IRS.gov/pub/irs-irbs/irb98-15.pdf.
•
Announcement 2001-91, which is on page 221 of Internal
Revenue Bulletin 2001-36 at
IRS.gov/pub/irs-irbs/irb01-36.pdf.
TIP
Sep 25, 2018 Cat. No. 20479P
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Individual Taxpayer Identification
Number (ITIN)
Form W-9 (or an acceptable substitute) is used by persons
required to file information returns with the IRS to get the payee's
(or other person's) correct name and TIN. For individuals, the
TIN is generally a social security number (SSN).
However, in some cases, individuals who become U.S.
resident aliens for federal tax purposes are not eligible to obtain
an SSN. This includes certain resident aliens who must receive
information returns but who cannot obtain an SSN.
These individuals must apply for an ITIN on Form W-7,
Application for IRS Individual Taxpayer Identification Number,
unless they have an application pending for an SSN. Individuals
who have an ITIN must provide it on Form W-9.
Note. ITINs that haven’t been included on a U.S. federal tax
return at least once in the last 3 consecutive tax years will expire.
Expired ITINs must be renewed in order to avoid delays in
processing the ITIN holder’s tax return. If the IRS deactivates the
ITIN because it has expired, the ITIN may still be used on Form
W-9. However, the ITIN holder will have to apply to renew the
deactivated ITIN if there is a need to file a tax return. For more
information, see the Instructions for Form W-7.
Substitute Form W-9
You may develop and use your own Form W-9 (a substitute
Form W-9) if its content is substantially similar to the official IRS
Form W-9 and it satisfies certain certification requirements.
You may incorporate a substitute Form W-9 into other
business forms you customarily use, such as account signature
cards. However, the certifications on the substitute Form W-9
must clearly state (as shown on the official Form W-9) that under
penalties of perjury:
1. The payee's TIN is correct,
2. The payee is not subject to backup withholding due to
failure to report interest and dividend income,
3. The payee is a U.S. person, and
4. The FATCA code entered on this form (if any) indicating
that the payee is exempt from FATCA reporting is correct.
You may provide certification instructions on a substitute
Form W-9 in a manner similar to the official form. If you are not
collecting a FATCA exemption code by omitting that field from
the substitute Form W-9 (see
Payees and Account Holders
Exempt From FATCA Reporting, later), you may notify the payee
that item 4 does not apply.
You may not:
1. Use a substitute Form W-9 that requires the payee, by
signing, to agree to provisions unrelated to the required
certifications, or
2. Imply that a payee may be subject to backup withholding
unless the payee agrees to provisions on the substitute form that
are unrelated to the required certifications.
A substitute Form W-9 that contains a separate signature line
just for the certifications satisfies the requirement that the
certifications be clearly stated.
If a single signature line is used for the required certifications
and other provisions, the certifications must be highlighted,
boxed, printed in bold-face type, or presented in some other
manner that causes the language to stand out from all other
information contained on the substitute form. Additionally, the
following statement must be presented to stand out in the same
manner as described above and must appear immediately
above the single signature line:
“The Internal Revenue Service does not require your consent
to any provision of this document other than the certifications
required to avoid backup withholding.”
If you use a substitute form, you are required to provide the
Form W-9 instructions to the payee only if he or she requests
them. However, if the IRS has notified the payee that backup
withholding applies, then you must instruct the payee to strike
out the language in the certification that relates to
underreporting. This instruction can be given orally or in writing.
See item 2 of the Certification on Form W-9. You can replace
“defined below” with “defined in the instructions” in item 3 of the
Certification on Form W-9 when the instructions will not be
provided to the payee except upon request. For more
information, see Rev. Proc. 83-89,1983-2 C.B. 613; amplified by
Rev. Proc. 96-26, which is on page 22 of Internal Revenue
Bulletin 1996-8 at
IRS.gov/pub/irs-irbs/irb96-08.pdf.
TIN Applied For
For interest and dividend payments and certain payments with
respect to readily tradable instruments, the payee may return a
properly completed, signed Form W-9 to you with “Applied For”
written in Part I. This is an “awaiting-TIN” certificate. The payee
has 60 calendar days, from the date you receive this certificate,
to provide a TIN. If you do not receive the payee's TIN at that
time, you must begin backup withholding on payments.
Reserve rule. You must backup withhold on any reportable
payments made during the 60-day period if a payee withdraws
more than $500 at one time, unless the payee reserves an
amount equal to the current year's backup withholding rate on all
reportable payments made to the account.
Alternative rule. You also may elect to backup withhold during
this 60-day period, after a 7-day grace period, under one of the
two alternative rules discussed below.
Option 1. Backup withhold on any reportable payments if the
payee makes a withdrawal from the account after the close of 7
business days after you receive the awaiting-TIN certificate.
Treat as reportable payments all cash withdrawals in an amount
up to the reportable payments made from the day after you
receive the awaiting-TIN certificate to the day of withdrawal.
Option 2. Backup withhold on any reportable payments
made to the payee's account, regardless of whether the payee
makes any withdrawals, beginning no later than 7 business days
after you receive the awaiting-TIN certificate.
The 60-day exemption from backup withholding does
not apply to any payment other than interest, dividends,
and certain payments relating to readily tradable
instruments. Any other reportable payment, such as
nonemployee compensation, is subject to backup withholding
immediately, even if the payee has applied for and is awaiting a
TIN.
Even if the payee gives you an awaiting-TIN certificate, you must
backup withhold on reportable interest and dividend payments if
the payee does not certify, under penalties of perjury, that the
payee is not subject to backup withholding.
If you do not collect backup withholding from affected payees as
required, you may become liable for any uncollected amount.
Payees Exempt From Backup
Withholding
The following payees are exempt from backup withholding with
respect to the payments below, and should enter the
corresponding exempt payee code on Form W-9. You may rely
on the payee’s claim of exemption unless you have actual
knowledge that the exempt payee code and/or classification
selected are not valid, or if they are inconsistent with each other.
CAUTION
!
-2-
Instr. for Req. of Form W-9 (Rev. 10-2018)
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In that case, you may rely on the Form W-9 for purposes of
obtaining the payee’s TIN, but you must treat the payee as
non-exempt. If the payee failed to enter an exempt payee code,
but the classification selected indicates that the payee is
exempt, you may accept the classification and treat the payee as
exempt unless you have actual knowledge that the classification
is not valid.
If the payee is not exempt, you are required to backup
withhold on reportable payments if the payee does not provide a
TIN in the manner required or does not sign the certification, if
required.
1. An organization exempt from tax under
section 501(a), any IRA, or a custodial account under section
403(b)(7) if the account satisfies the requirements of section
401(f)(2);
2. The United States or any of its agencies or
instrumentalities;
3. A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions, agencies, or
instrumentalities;
4. A foreign government or any of its political subdivisions,
agencies, or instrumentalities;
5. A corporation;
6. A dealer in securities or commodities required to register
in the United States, the District of Columbia, or a U.S.
commonwealth or possession;
7. A futures commission merchant registered with the
Commodity Futures Trading Commission;
8. A real estate investment trust;
9. An entity registered at all times during the tax year under
the Investment Company Act of 1940;
10.
A common trust fund operated by a bank under
section 584(a);
11.
A financial institution;
12.
A middleman known in the investment community as a
nominee or custodian; or
13.
A trust exempt from tax under section 664 or described in
section 4947.
The following types of payments are exempt from backup
withholding as indicated for payees listed in 1 through 13 above.
Interest and dividend payments. All listed payees are exempt
except the payee in item 7.
Broker transactions. All payees listed in items 1 through 4 and
6 through 11 are exempt. Also, C corporations are exempt. A
person registered under the Investment Advisers Act of 1940
who regularly acts as a broker also is exempt.
Barter exchange transactions and patronage dividends.
Only payees listed in items 1 through 4 are exempt.
Payments reportable under sections 6041 and 6041A.
Payees listed in items 1 through 5 generally are exempt.
However, the following payments made to a corporation and
reportable on Form 1099-MISC, Miscellaneous Income, are not
exempt from backup withholding.
•
Medical and health care payments.
•
Attorneys' fees (also gross proceeds paid to an attorney,
reportable under section 6045(f)).
•
Payments for services paid by a federal executive agency.
(See Rev. Rul. 2003-66, which is on page 1115 of Internal
Revenue Bulletin 2003-26 at
IRS.gov/pub/irs-irbs/irb03-26.pdf.)
Payments made in settlement of payment card or third par-
ty network transactions. Only payees listed in items 1 through
4 are exempt.
Payments Exempt From Backup
Withholding
Payments that are not subject to information reporting also are
not subject to backup withholding. For details, see sections
6041, 6041A, 6042, 6044, 6045, 6049, 6050A, 6050N, and
6050W and their regulations. The following payments generally
are exempt from backup withholding.
Dividends and patronage dividends.
•
Payments to nonresident aliens subject to withholding under
section 1441.
•
Payments to partnerships not engaged in a trade or business
in the United States and that have at least one nonresident alien
partner.
•
Payments of patronage dividends not paid in money.
•
Payments made by certain foreign organizations.
•
Section 404(k) distributions made by an ESOP.
Interest payments.
•
Payments of interest on obligations issued by individuals.
However, if you pay $600 or more of interest in the course of
your trade or business to a payee, you must report the payment.
Backup withholding applies to the reportable payment if the
payee has not provided a TIN or has provided an incorrect TIN.
•
Payments described in section 6049(b)(5) to nonresident
aliens.
•
Payments on tax-free covenant bonds under
section 1451.
•
Payments made by certain foreign organizations.
•
Mortgage or student loan interest paid to you.
Other types of payment.
•
Wages.
•
Distributions from a pension, annuity, profit-sharing or stock
bonus plan, any IRA, an owner-employee plan, or other deferred
compensation plan.
•
Distributions from a medical or health savings account and
long-term care benefits.
•
Certain surrenders of life insurance contracts.
•
Distribution from qualified tuition programs or
Coverdell ESAs.
•
Gambling winnings if regular gambling winnings withholding is
required under section 3402(q). However, if regular gambling
winnings withholding is not required under section 3402(q),
backup withholding applies if the payee fails to furnish a TIN.
•
Real estate transactions reportable under
section 6045(e).
•
Cancelled debts reportable under section 6050P.
•
Fish purchases for cash reportable under
section 6050R.
Payees and Account Holders Exempt
From FATCA Reporting
Reporting under chapter 4 (FATCA) with respect to U.S. persons
generally applies only to foreign financial institutions (FFI)
(including a branch of a U.S. financial institution that is treated as
an FFI under an applicable intergovernmental agreement (IGA)).
Thus, for example, a U.S. financial institution maintaining an
account in the United States does not need to collect an
exemption code for FATCA reporting. If you are providing a
Form W-9, you may pre-populate the FATCA exemption code
with "Not Applicable," "N/A," or a similar indication that an
exemption from FATCA reporting does not apply. Any payee that
provides such a form, however, cannot be treated as exempt
from FATCA reporting. For details on the FATCA reporting
requirements, including specific information regarding which
financial institutions are required to report, see sections 1471 to
1474 and related regulations. See Regulations section
1.1471-3(d)(2) for when an FFI may rely on documentary
Instr. for Req. of Form W-9 (Rev. 10-2018)
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Page 4 of 4 Fileid: … ons/IW-9/201810/A/XML/Cycle04/source 10:45 - 25-Sep-2018
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
evidence to treat a U.S. person as other than a specified U.S.
person and see Regulations section 1.1471-3(f)(3) for when an
FFI may presume a U.S. person as other than a specified U.S.
person.
If you receive a Form W-9 with a FATCA exemption code and
you know or have reason to know the person is a specified U.S.
person, you may not rely on the Form W-9 to treat the person as
exempt from FATCA reporting. However, you may still rely on an
otherwise completed Form W-9 to treat a person as a specified
U.S. person. An exemption from FATCA reporting (or lack
thereof) does not affect backup withholding as described earlier
in these instructions. The following are not specified U.S.
persons and are thus exempt from FATCA reporting.
A. An organization exempt from tax under section 501(a), or
any individual retirement plan as defined in section 7701(a)(37);
B. The United States or any of its agencies or
instrumentalities;
C. A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions, agencies, or
instrumentalities;
D. A corporation the stock of which is regularly traded on one
or more established securities markets, as described in
Regulations 1.1472-1(c)(1)(i);
E. A corporation that is a member of the same expanded
affiliated group as a corporation described in Regulations
1.1472-1(c)(1)(i);
F. A dealer in securities, commodities, or derivative financial
instruments (including notional principal contracts, futures,
forwards, and options) that is registered as such under the laws
of the United States or any State;
G. A real estate investment trust;
H. A regulated investment company as defined in section
851 or an entity registered at all times during the tax year under
the Investment Company Act of 1940;
I. A common trust fund as defined in section 584(a);
J. A bank as defined in section 581;
K. A broker;
L. A trust exempt from tax under section 664 or described in
section 4947; or
M. A tax-exempt trust under a section 403(b) plan or section
457(g) plan.
Joint Foreign Payees
If the first payee listed on an account gives you a
Form W-8 or a similar statement signed under penalties of
perjury, backup withholding applies unless:
1. Every joint payee provides the statement regarding
foreign status, or
2. Any one of the joint payees who has not established
foreign status gives you a TIN.
If any one of the joint payees who has not established foreign
status gives you a TIN, use that number for purposes of backup
withholding and information reporting.
For more information on foreign payees, see the Instructions
for the Requester of Forms W-8BEN, W-8BEN-E, W-8ECI,
W-8EXP, and W-8IMY.
Names and TINs To Use
for Information Reporting
Show the full name and address as provided on Form W-9 on
the information return filed with the IRS and on the copy
furnished to the payee. If the payee has marked their address
“NEW”, you should update your records. If you made payments
to more than one payee or the account is in more than one
name, enter on the first name line of the information return only
the name of the payee whose TIN is shown on Form W-9. You
may show the names of any other individual payees in the area
below the first name line on the information return. Forms W-9
showing an ITIN must have the name exactly as shown on
line 1a of the Form W-7 application. If you are a PFFI reporting a
U.S. account on Form 8966, FATCA Report, and the account is
jointly held by U.S. persons, file a separate Form 8966 for each
holder.
For more information on the names and TINs to use for
information reporting, see section J of the General
Instructions for Certain Information Returns.
Notices From the IRS
The IRS will send you a notice if the payee's name and TIN on
the information return you filed do not match the IRS's records.
(See Taxpayer Identification Number (TIN) Matching, next.) If
you receive a backup withholding notice, you may have to send
a “B” notice to the payee to solicit another TIN. Pub. 1281,
Backup Withholding for Missing and Incorrect Name/TIN(s),
contains copies of the two types of “B” notices. If you receive a
penalty notice, you also may have to send a solicitation to the
payee. See Pub. 1586, Reasonable Cause Regulations and
Requirements for Missing and Incorrect Name/TINs.
Taxpayer Identification Number (TIN)
Matching
TIN Matching allows a payer or authorized agent who is required
to file Forms 1099-B, DIV, INT, K, MISC, OID, and/or PATR to
match TIN and name combinations with IRS records before
submitting the forms to the IRS. TIN Matching is one of the
e-services products that is offered and is accessible through the
IRS website. Go to IRS.gov and enter “e-services” in the search
box. It is anticipated that payers who validate the TIN and name
combinations before filing information returns will receive fewer
backup withholding (CP2100) notices and penalty notices.
Additional Information
For more information on backup withholding, see Pub. 1281.
TIP
-4-
Instr. for Req. of Form W-9 (Rev. 10-2018)
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
▶
Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
Print or type.
See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)
▶
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions)
▶
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions.
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person
▶
Date
▶
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X
Form W-9 (Rev. 10-2018)
Form W-9 (Rev. 10-2018)
Page 2
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating
that you are exempt from the FATCA reporting, is correct. See What is
FATCA reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other
than Form W-9 to request your TIN, you must use the requester’s form if
it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax under section 1446 on any foreign partners’ share of effectively
connected taxable income from such business. Further, in certain cases
where a Form W-9 has not been received, the rules under section 1446
require a partnership to presume that a partner is a foreign person, and
pay the section 1446 withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your
U.S. status and avoid section 1446 withholding on your share of
partnership income.
In the cases below, the following person must give Form W-9 to the
partnership for purposes of establishing its U.S. status and avoiding
withholding on its allocable share of net income from the partnership
conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner
of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner,
generally, the U.S. grantor or other U.S. owner of the grantor trust and
not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust
(other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a
foreign bank that has elected to be treated as a U.S. person, do not use
Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see
Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign
Entities).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S. tax on certain types of income. However, most tax
treaties contain a provision known as a “saving clause.” Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an exemption
from U.S. tax on certain types of income, you must attach a statement
to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under
which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the
saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption
from tax.
5. Sufficient facts to justify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an
exemption from tax for scholarship income received by a Chinese
student temporarily present in the United States. Under U.S. law, this
student will become a resident alien for tax purposes if his or her stay in
the United States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows
the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of the first
protocol) and is relying on this exception to claim an exemption from tax
on his or her scholarship or fellowship income would attach to Form
W-9 a statement that includes the information described above to
support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS 24% of such
payments. This is called “backup withholding.” Payments that may be
subject to backup withholding include interest, tax-exempt interest,
dividends, broker and barter exchange transactions, rents, royalties,
nonemployee pay, payments made in settlement of payment card and
third party network transactions, and certain payments from fishing boat
operators. Real estate transactions are not subject to backup
withholding.
You will not be subject to backup withholding on payments you
receive if you give the requester your correct TIN, make the proper
certifications, and report all your taxable interest and dividends on your
tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for
Part II for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding
because you did not report all your interest and dividends on your tax
return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to
backup withholding under 4 above (for reportable interest and dividend
accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the
Requester of Form W-9 for more information.
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a
participating foreign financial institution to report all United States
account holders that are specified United States persons. Certain
payees are exempt from FATCA reporting. See Exemption from FATCA
reporting code, later, and the Instructions for the Requester of Form
W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you
claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
person. For example, you may need to provide updated information if
you are a C corporation that elects to be an S corporation, or if you no
longer are tax exempt. In addition, you must furnish a new Form W-9 if
the name or TIN changes for the account; for example, if the grantor of a
grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such failure
unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you
make a false statement with no reasonable basis that results in no
backup withholding, you are subject to a $500 penalty.
Form W-9 (Rev. 10-2018)
Page 3
Criminal penalty for falsifying information. Willfully falsifying
certifications or affirmations may subject you to criminal penalties
including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line
blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account
maintained by a foreign financial institution (FFI)), list first, and then
circle, the name of the person or entity whose number you entered in
Part I of Form W-9. If you are providing Form W-9 to an FFI to document
a joint account, each holder of the account that is a U.S. person must
provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If
you have changed your last name without informing the Social Security
Administration (SSA) of the name change, enter your first name, the last
name as shown on your social security card, and your new last name.
Note: ITIN applicant: Enter your individual name as it was entered on
your Form W-7 application, line 1a. This should also be the same as the
name you entered on the Form 1040/1040A/1040EZ you filed with your
application.
b. Sole proprietor or single-member LLC. Enter your individual
name as shown on your 1040/1040A/1040EZ on line 1. You may enter
your business, trade, or “doing business as” (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the
entity's tax return on line 1 and any business, trade, or DBA name on
line 2.
d. Other entities. Enter your name as shown on required U.S. federal
tax documents on line 1. This name should match the name shown on the
charter or other legal document creating the entity. You may enter any
business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is
disregarded as an entity separate from its owner is treated as a
“disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter
the owner's name on line 1. The name of the entity entered on line 1
should never be a disregarded entity. The name on line 1 should be the
name shown on the income tax return on which the income should be
reported. For example, if a foreign LLC that is treated as a disregarded
entity for U.S. federal tax purposes has a single owner that is a U.S.
person, the U.S. owner's name is required to be provided on line 1. If
the direct owner of the entity is also a disregarded entity, enter the first
owner that is not disregarded for federal tax purposes. Enter the
disregarded entity's name on line 2, “Business name/disregarded entity
name.” If the owner of the disregarded entity is a foreign person, the
owner must complete an appropriate Form W-8 instead of a Form W-9.
This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded
entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. federal tax
classification of the person whose name is entered on line 1. Check only
one box on line 3.
IF the entity/person on line 1 is
a(n) . . .
THEN check the box for . . .
• Corporation Corporation
• Individual
• Sole proprietorship, or
• Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.
Individual/sole proprietor or single-
member LLC
• LLC treated as a partnership for
U.S. federal tax purposes,
• LLC that has filed Form 8832 or
2553 to be taxed as a corporation,
or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.
Limited liability company and enter
the appropriate tax classification.
(P= Partnership; C= C corporation;
or S= S corporation)
• Partnership Partnership
• Trust/estate Trust/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting,
enter in the appropriate space on line 4 any code(s) that may apply to
you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from
backup withholding.
• Except as provided below, corporations are exempt from backup
withholding for certain payments, including interest and dividends.
• Corporations are not exempt from backup withholding for payments
made in settlement of payment card or third party network transactions.
• Corporations are not exempt from backup withholding with respect to
attorneys’ fees or gross proceeds paid to attorneys, and corporations
that provide medical or health care services are not exempt with respect
to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup
withholding. Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or
a custodial account under section 403(b)(7) if the account satisfies the
requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities
3—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
4—A foreign government or any of its political subdivisions, agencies,
or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the
United States, the District of Columbia, or a U.S. commonwealth or
possession
7—A futures commission merchant registered with the Commodity
Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the
Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a)
11—A financial institution
12—A middleman known in the investment community as a nominee or
custodian
13—A trust exempt from tax under section 664 or described in section
4947
Form W-9 (Rev. 10-2018)
Page 4
The following chart shows types of payments that may be exempt
from backup withholding. The chart applies to the exempt payees listed
above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt
for . . .
Interest and dividend payments All exempt payees except
for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over
$5,000
1
Generally, exempt payees
1 through 5
2
Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1
See Form 1099-MISC, Miscellaneous Income, and its instructions.
2
However, the following payments made to a corporation and
reportable on Form 1099-MISC are not exempt from backup
withholding: medical and health care payments, attorneys’ fees, gross
proceeds paid to an attorney reportable under section 6045(f), and
payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify
payees that are exempt from reporting under FATCA. These codes
apply to persons submitting this form for accounts maintained outside
of the United States by certain foreign financial institutions. Therefore, if
you are only submitting this form for an account you hold in the United
States, you may leave this field blank. Consult with the person
requesting this form if you are uncertain if the financial institution is
subject to these requirements. A requester may indicate that a code is
not required by providing you with a Form W-9 with “Not Applicable” (or
any similar indication) written or printed on the line for a FATCA
exemption code.
A—An organization exempt from tax under section 501(a) or any
individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or
more established securities markets, as described in Regulations
section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated
group as a corporation described in Regulations section 1.1472-1(c)(1)(i)
F—A dealer in securities, commodities, or derivative financial
instruments (including notional principal contracts, futures, forwards,
and options) that is registered as such under the laws of the United
States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an
entity registered at all times during the tax year under the Investment
Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section
4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g)
plan
Note: You may wish to consult with the financial institution requesting
this form to determine whether the FATCA code and/or exempt payee
code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information
returns. If this address differs from the one the requester already has on
file, write NEW at the top. If a new address is provided, there is still a
chance the old address will be used until the payor changes your
address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and
you do not have and are not eligible to get an SSN, your TIN is your IRS
individual taxpayer identification number (ITIN). Enter it in the social
security number box. If you do not have an ITIN, see How to get a TIN
below.
If you are a sole proprietor and you have an EIN, you may enter either
your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity
separate from its owner, enter the owner’s SSN (or EIN, if the owner has
one). Do not enter the disregarded entity’s EIN. If the LLC is classified as
a corporation or partnership, enter the entity’s EIN.
Note: See What Name and Number To Give the Requester, later, for
further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security
Card, from your local SSA office or get this form online at
www.SSA.gov. You may also get this form by calling 1-800-772-1213.
Use Form W-7, Application for IRS Individual Taxpayer Identification
Number, to apply for an ITIN, or Form SS-4, Application for Employer
Identification Number, to apply for an EIN. You can apply for an EIN
online by accessing the IRS website at www.irs.gov/Businesses and
clicking on Employer Identification Number (EIN) under Starting a
Business. Go to www.irs.gov/Forms to view, download, or print Form
W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to
place an order and have Form W-7 and/or SS-4 mailed to you within 10
business days.
If you are asked to complete Form W-9 but do not have a TIN, apply
for a TIN and write “Applied For” in the space for the TIN, sign and date
the form, and give it to the requester. For interest and dividend
payments, and certain payments made with respect to readily tradable
instruments, generally you will have 60 days to get a TIN and give it to
the requester before you are subject to backup withholding on
payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until
you provide your TIN to the requester.
Note: Entering “Applied For” means that you have already applied for a
TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use
the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by the
withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I
should sign (when required). In the case of a disregarded entity, the
person identified on line 1 must sign. Exempt payees, see
Exempt payee
code,
earlier.
Signature requirements. Complete the certification as indicated in
items 1 through 5 below.
Form W-9 (Rev. 10-2018)
Page 5
1. Interest, dividend, and barter exchange accounts opened
before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the
certification.
2. Interest, dividend, broker, and barter exchange accounts
opened after 1983 and broker accounts considered inactive during
1983. You must sign the certification or backup withholding will apply. If
you are subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3. Real estate transactions. You must sign the certification. You may
cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not
have to sign the certification unless you have been notified that you
have previously given an incorrect TIN. “Other payments” include
payments made in the course of the requester’s trade or business for
rents, royalties, goods (other than bills for merchandise), medical and
health care services (including payments to corporations), payments to
a nonemployee for services, payments made in settlement of payment
card and third party network transactions, payments to certain fishing
boat crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of
secured property, cancellation of debt, qualified tuition program
payments (under section 529), ABLE accounts (under section 529A),
IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct
TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint
account) other than an account
maintained by an FFI
The actual owner of the account or, if
combined funds, the first individual on
the account
1
3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account
4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor
2
5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
The grantor-trustee
1
The actual owner
1
6. Sole proprietorship or disregarded
entity owned by an individual
The owner
3
7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:
8. Disregarded entity not owned by an
individual
The owner
9. A valid trust, estate, or pension trust
Legal entity
4
10. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation
11. Association, club, religious,
charitable, educational, or other tax-
exempt organization
The organization
12. Partnership or multi-member LLC
The partnership
13. A broker or registered nominee
The broker or nominee
For this type of account: Give name and EIN of:
14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity
15.
Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)(B))
The trust
1
List first and circle the name of the person whose number you furnish.
If only one person on a joint account has an SSN, that person’s number
must be furnished.
2
Circle the minor’s name and furnish the minor’s SSN.
3
You must show your individual name and you may also enter your
business or DBA name on the “Business name/disregarded entity”
name line. You may use either your SSN or EIN (if you have one), but the
IRS encourages you to use your SSN.
4
List first and circle the name of the trust, estate, or pension trust. (Do
not furnish the TIN of the personal representative or trustee unless the
legal entity itself is not designated in the account title.) Also see Special
rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.
Note: If no name is circled when more than one name is listed, the
number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information
such as your name, SSN, or other identifying information, without your
permission, to commit fraud or other crimes. An identity thief may use
your SSN to get a job or may file a tax return using your SSN to receive
a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a
notice from the IRS, respond right away to the name and phone number
printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
think you are at risk due to a lost or stolen purse or wallet, questionable
credit card activity or credit report, contact the IRS Identity Theft Hotline
at 1-800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for
Taxpayers.
Victims of identity theft who are experiencing economic harm or a
systemic problem, or are seeking help in resolving tax problems that
have not been resolved through normal channels, may be eligible for
Taxpayer Advocate Service (TAS) assistance. You can reach TAS by
calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD
1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to
mimic legitimate business emails and websites. The most common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
private information that will be used for identity theft.
Form W-9 (Rev. 10-2018)
Page 6
The IRS does not initiate contacts with taxpayers via emails. Also, the
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers, passwords, or similar secret access
information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to [email protected]. You may also report misuse
of the IRS name, logo, or other IRS property to the Treasury Inspector
General for Tax Administration (TIGTA) at 1-800-366-4484. You can
forward suspicious emails to the Federal Trade Commission at
[email protected] or report them at www.ftc.gov/complaint. You can
contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.IdentityTheft.gov
and Pub. 5027.
Visit www.irs.gov/IdentityTheft to learn more about identity theft and
how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your
correct TIN to persons (including federal agencies) who are required to
file information returns with the IRS to report interest, dividends, or
certain other income paid to you; mortgage interest you paid; the
acquisition or abandonment of secured property; the cancellation of
debt; or contributions you made to an IRA, Archer MSA, or HSA. The
person collecting this form uses the information on the form to file
information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of
Justice for civil and criminal litigation and to cities, states, the District of
Columbia, and U.S. commonwealths and possessions for use in
administering their laws. The information also may be disclosed to other
countries under a treaty, to federal and state agencies to enforce civil
and criminal laws, or to federal law enforcement and intelligence
agencies to combat terrorism. You must provide your TIN whether or
not you are required to file a tax return. Under section 3406, payers
must generally withhold a percentage of taxable interest, dividend, and
certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent
information.
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Instructions for
the Requester of
Forms W-8BEN,
W-8BEN-E, W-8ECI,
W-8EXP, and W-8IMY
(Rev. June 2022)
Department of the Treasury
Internal Revenue Service
Section references are to the Internal Revenue Code
unless otherwise noted.
Future developments. For the latest information about
developments related to the Forms W-8 and their
instructions for requesters, such as legislation enacted
after they were published, go to IRS.gov/UAC/About-
Form-W8.
What's New
Guidance under section 1446(f). The Tax Cuts and
Jobs Act (TCJA) added section 1446(f), which generally
requires that if any portion of a gain on any disposition of
an interest in a partnership would be treated under section
864(c)(8) as effectively connected gain, the transferee
purchasing an interest in such a partnership from a
non-U.S. transferor must withhold a tax equal to 10% of
the amount realized on the disposition unless an
exception to withholding applies. Section 1446(f)
generally applies to transfers occurring on or after January
1, 2018. T.D. 9926 (84 FR 76910), published on
November 30, 2020, contains final regulations (section
1446(f) regulations) relating to the withholding and
reporting requirements under section 1446(f), including
those that apply to brokers effecting transfers of interests
in publicly traded partnerships (PTPs). The section
1446(f) regulations also revise certain requirements under
section 1446(a) relating to withholding and reporting on
distributions made by PTPs, and expand the entities
permitted to act as nominees for PTP distributions to
include certain qualified intermediaries (QIs) and certain
U.S. branches. Withholding on transfers of interests in
PTPs and the revisions included in the section 1446(f)
regulations relating to withholding on PTP distributions
under section 1446(a) apply to transfers and distributions
that occur on or after January 1, 2023. See
Notice
2021-51, 2021-36 I.R.B. 361. The provisions of the
section 1446(f) regulations relating to withholding and
reporting on transfers of interests in partnerships that are
not PTPs generally apply to transfers occurring after
January 29, 2021. Forms W-8 and their accompanying
instructions (excluding Form W-8EXP) were updated
(Rev. October 2021) to incorporate the use of those forms
by brokers and transferors of partnership interests
receiving payments of amounts realized for purposes of
section 1446(f) and by partners and brokers receiving
PTP distributions. These instructions address certain
requirements of brokers and other withholding agents that
make those payments in connection with their reliance on
Forms W-8.
Section 871(m) regulations and qualified securities
lenders (QSLs).
Notice 2020-2, 2020-3 I.R.B. 327,
further extended the transition relief provided in Notice
2018-72, 2018-40 I.R.B. 522, for certain provisions of the
section 871(m) regulations, generally for 2021 and 2022.
Notice 2020-2 also further extended the period that a
withholding agent may apply the transition rules to act as
a QSL described in obsoleted Notice 2010-46, 2010-24
I.R.B. 757, Part III, for substitute dividend payments made
in 2021 and 2022. As a result, the updated Form W-8IMY
(Rev. October 2021) includes chapter 3 status
certifications for entities acting as QSLs (applicable to
either a QI or other entity acting as a QSL). The updated
Instructions for Form W-8IMY also clarify when a QI may
continue to claim status as a QSL in a case in which it is
also a qualified derivatives dealer (QDD) (as provided in
the QI agreement) and include certain other clarifying
changes relevant to section 871(m) and QSL status.
FTIN not legally required. Certain Forms W-8 were
updated (Rev. October 2021) to include a new line, “FTIN
not legally required,” for account holders otherwise
required to provide a foreign taxpayer identification
number (FTIN) on the form to indicate that they are not
legally required to obtain an FTIN from their jurisdiction of
residence.
Nonqualified intermediary (NQI) that provides an al-
ternative withholding statement. The Form W-8IMY
and its instructions were updated (Rev. October 2021) to
allow an NQI that is to provide alternative withholding
statements and beneficial owner withholding certificates
for payments associated with this form to represent on the
form that the information on the withholding certificates
will be verified for consistency as required under
Regulations section 1.1441-1(e)(3)(iv)(C)(3) (added in
T.D. 9890). A similar allowance applies to a
nonwithholding foreign partnership or a nonwithholding
foreign trust that provides an alternative withholding
statement.
Electronic signature. The accompanying instructions
for certain Forms W-8 were updated (Rev. October 2021)
to reference additional guidance included in final
regulations issued under chapter 3 (T.D. 9890)
concerning reliance on withholding certificates with
electronic signatures. See Regulations section
1.1441-1(e)(4)(i)(B) (added in T.D. 9890).
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Section 6050Y reporting. The accompanying
instructions for certain Forms W-8 were updated (Rev.
October 2021) to reference the use of the forms by a
foreign person that is a seller of a life insurance contract
(or interest therein) or a foreign person that is a recipient
of a reportable death benefit for purposes of reporting
under section 6050Y.
Purpose of Instructions
These instructions supplement the instructions for the
forms listed below and provide notes to assist withholding
agents and foreign financial institutions (FFIs) in validating
the forms for chapters 3 and 4 purposes. These
instructions also outline the due diligence requirements
applicable to withholding agents for establishing a
beneficial owner’s foreign status and claim for reduced
withholding under an income tax treaty. These instructions
are not inclusive of all requirements that may apply to a
withholding agent for validating Forms W-8. A withholding
agent should also reference the applicable regulations
under chapters 3 and 4 and the instructions for each Form
W-8 listed below.
•
Form W-8BEN, Certificate of Foreign Status of
Beneficial Owner for United States Tax Withholding and
Reporting (Individuals).
•
Form W-8BEN-E, Certificate of Status of Beneficial
Owner for United States Tax Withholding and Reporting
(Entities).
•
Form W-8ECI, Certificate of Foreign Person's Claim
That Income Is Effectively Connected With the Conduct of
a Trade or Business in the United States.
•
Form W-8EXP, Certificate of Foreign Government or
Other Foreign Organization for United States Tax
Withholding and Reporting.
•
Form W-8IMY, Certificate of Foreign Intermediary,
Foreign Flow-Through Entity, or Certain U.S. Branches for
United States Tax Withholding and Reporting.
For definitions of terms not defined in these
instructions, see the Forms W-8 and their accompanying
instructions.
Throughout these instructions, a reference to or
mention of “Form W-8” includes Forms W-8BEN,
W-8BEN-E, W-8ECI, W-8EXP, and W-8IMY.
References to “chapter 3” in the Forms W-8 and their
accompanying instructions were generally updated to
exclude sections 1445 and 1446 (which those instructions
addressed separately as applicable). Thus, references to
“chapter 3” in these instructions similarly exclude sections
1445 and 1446.
These instructions reflect the regulatory changes
described earlier and the updates to Forms W-8 and their
instructions and certain other changes reflected on the
most current revisions to the Form W-8 series published
as of the date of publication of these instructions. Thus,
different rules may apply to withholding agents with
respect to prior revisions of Forms W-8 for which these
regulatory changes did not yet apply, and different
requirements may apply to future revisions of these forms.
See
Requesting Prior Versions of Form W-8, later,
including the limitations on such use.
TIP
Who Is a Withholding Agent?
Any person, U.S. or foreign, in whatever capacity acting,
that has control, receipt, custody, disposal, or payment of
an amount subject to withholding for chapter 3 purposes
or a withholdable payment for chapter 4 purposes is a
withholding agent. See Regulations section 1.1441-2(e)
for what constitutes a payment, which in limited
circumstances may include when there is no actual
transfer of cash or property (for example, dividend
equivalents). The withholding agent may be an individual,
corporation, partnership, trust, association, or any other
entity, including (but not limited to) any foreign
intermediary, foreign partnership, or U.S. branch of certain
foreign banks and insurance companies. If several
persons qualify as withholding agents for a single
payment, the tax required to be withheld must only be
withheld once. Generally, the person who pays (or causes
to be paid) an amount subject to withholding under
chapter 3 or a withholdable payment to the foreign person
(or to its agent) must withhold. See the Instructions for
Form 1042, Annual Withholding Tax Return for U.S.
Source Income of Foreign Persons, and Form 1042-S,
Foreign Person's U.S. Source Income Subject to
Withholding, for return filing and information reporting
obligations with respect to payments made to foreign
persons.
For effectively connected taxable income (ECTI)
allocable to a foreign partner, the partnership (other than a
PTP) is generally the withholding agent and must file Form
8804, Annual Return for Partnership Withholding Tax
(section 1446); Form 8805, Foreign Partner's Information
Statement of Section 1446 Withholding Tax; and Form
8813, Partnership Withholding Tax Payment Voucher
(section 1446). For ECTI allocable to a foreign partner in a
PTP, a nominee is generally the withholding agent and
must file Form 1042 and 1042-S.
On the transfer of a partnership interest (other than an
interest in a PTP) to which withholding under section
1446(f) applies, the transferee is the withholding agent
and must withhold 10% of the amount realized. The
transferee of a non-PTP interest must file Form 8288, U.S.
Withholding Tax Return for Dispositions by Foreign
Persons of U.S. Real Property Interests; and Form
8288-A, Statement of Withholding on Dispositions by
Foreign Persons of U.S. Real Property Interests. A broker
for a transfer of an interest in a PTP to which withholding
applies under section 1446(f) is a withholding agent for
the amount realized on the transfer and must withhold
10% of the amount realized and file Forms 1042 and
1042-S.
Responsibilities of a Withholding
Agent To Obtain Form W-8
Chapter 3 Responsibilities
Generally, an amount is subject to withholding for
purposes of chapter 3 if it is an amount from sources
within the United States that is fixed or determinable
annual or periodical (FDAP) income. FDAP income is in
general all income included in gross income, including
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interest (and original issue discount (OID)), dividends
(including dividend equivalents), rents, royalties, and
compensation. FDAP income does not include most gains
from the sale of property (including market discount and
option premiums) or items of income excluded from gross
income without regard to the U.S. or foreign status of the
owner of the income, such as interest under section
103(a). Amounts subject to chapter 3 withholding do not
include amounts that are not FDAP income as well as
other specific items of income described in Regulations
section 1.1441-2 (such as interest on bank deposits and
short-term OID).
For purposes of sections 1441 and 1442, if you are a
withholding agent, you must withhold 30% of any payment
of an amount subject to chapter 3 withholding made to a
payee that is a foreign person unless you can reliably
associate the payment with documentation (for example,
Form W-8 or Form W-9, Request for Taxpayer
Identification Number and Certification) upon which you
can rely to treat the payment as made to (a) a payee that
is a U.S. person, or (b) a beneficial owner that is a foreign
person entitled to a reduced rate of, or exemption from,
withholding. In certain circumstances, however, you may
be allowed to associate a payment with documentary
evidence rather than a Form W-8 for a payment made
outside the United States with respect to an offshore
obligation under Regulations section 1.6049-5(c)(1). A
withholding agent must also withhold under section 1443
on certain payments to foreign tax-exempt organizations
that are unrelated business taxable income or subject to
the 4% excise tax imposed by section 4948.
However, a withholding agent making a payment to a
foreign person need not withhold under chapter 3 if the
foreign person assumes responsibility for withholding on
the payment as a QI (other than a QI that is acting as a
QDD, in which case withholding is not required only for a
payment with respect to a section 871(m) transaction that
is not an underlying security or a dividend equivalent), or if
the foreign person is a withholding foreign partnership
(WP), or a withholding foreign trust (WT) that has provided
a valid Form W-8IMY certifying to such status. A
withholding agent is not required to withhold on dividends
paid in 2022 to a QI acting as a QDD in its equity
derivatives dealer capacity. The QDD's withholding
statement should contain the information necessary for
determining the dividends subject to withholding. See the
Instructions for Form W-8IMY for the requirements for a
QDD withholding statement. Withholding under chapter 3
is also not required if the payment is made to a U.S.
branch of a foreign insurance company or foreign bank or
a territory financial institution that agrees to be treated as
a U.S. person under the requirements of Regulations
section 1.1441-1(b)(2)(iv)(A) and provides a valid Form
W-8IMY certifying to such status.
Chapter 4 Responsibilities
For purposes of chapter 4, if you are a withholding agent,
you must withhold 30% of any payment that is a
withholdable payment (as defined in Regulations section
1.1473-1(a)) made to a nonparticipating FFI that is not an
exempt beneficial owner or to a non-financial foreign
entity (NFFE) that is not an excepted NFFE and does not
disclose its substantial U.S. owners (or certify that it has
no substantial U.S. owners). In addition, if you are a
withholding agent and also a participating FFI, you must
withhold to the extent required under Regulations section
1.1471-4(b) and the FFI agreement, which, in addition to
the requirements described in the previous sentence,
require withholding on withholdable payments made to
recalcitrant account holders.
You must determine if a payment is a withholdable
payment without regard to any exceptions from
withholding applicable under chapter 3. For each such
withholdable payment, you must obtain a Form W-8 (or
other documentation permitted under Regulations section
1.1471-3(d)) upon which you are permitted to rely under
chapter 4 to determine the chapter 4 status of a payee
that is a foreign person for purposes of whether
withholding applies under chapter 4. Thus, a
determination of whether a Form W-8 is valid for purposes
of providing an exemption from chapter 4 withholding is a
separate determination from whether the Form W-8 may
be relied upon to provide an exemption from (or reduction
in) withholding under chapter 3. For purposes of
determining whether withholding under chapter 4 applies
to a payment to a QI, WP, or WT, the exceptions in
chapter 3 for QIs, WPs, and WTs will apply, provided the
entity includes its chapter 4 status on Form W-8IMY. See
also
Notes for Validating Form W-8IMY under Form
W-8IMY, later, for the requirements for withholdable
payments made to certain U.S. branches that act as
intermediaries.
Section 1446(a) and (f) Responsibilities
Section 1446(a) requires a partnership conducting a trade
or business in the United States to withhold tax on a
foreign partner's allocable share of the partnership's ECTI
at the highest tax rate applicable to that person for the
type of income allocated (for example, ordinary income or
capital gains) in accordance with the provisions of
Regulations sections 1.1446-1 through 1.1446-6. For a
partnership that is not a PTP, the partnership must
withhold in the year the ECTI is allocable to the foreign
partner, whether or not there is a distribution. In contrast, if
the partnership is a PTP, the partnership withholds in the
year in the ECTI is distributed to the foreign partner, not in
the year the ECTI is allocable to the foreign partner.
Section 1446(f) generally requires a transferee of a
partnership interest (or a broker in the case of a transfer of
a PTP interest) to withhold on the amount realized from
the transfer by a foreign person when any portion of the
gain from the transfer would be treated as effectively
connected gain under section 864(c)(8).
To avoid being subject to the default withholding rules
under section 1446(a) or (f), a partner must provide a
certification to the partnership or transferee, respectively.
A U.S. person that submits a valid Form W-9 generally will
not be subject to withholding under section 1446(a) or (f).
Generally, a foreign person that is a partner in a
partnership that submits a Form W-8 for purposes of
section 1441 or 1442 will satisfy the documentation
requirements under section 1446(a) or (f) as well.
However, in some cases the documentation requirements
of sections 1441 and 1442 do not match the
documentation requirements of section 1446(a) or (f). See
Inst. for the Requester of Forms W-8 (Rev. June 2022)
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Regulations sections 1.1446-1 through 1.1446-6 (for
documentation requirements under section 1446(a)) and
Regulations sections 1.1446(f)-2 and 1.1446(f)-4 (for
documentation requirements under section 1446(f)). For
example, a Form W-8 provided by a partner (including a
partner that is a partnership or trust) for section 1446(a) or
(f) purposes must include the partner's U.S. TIN to be a
valid form to qualify for a preferential rate of withholding
(to the extent applicable), which you may also rely upon
when included on a separate statement associated with
an otherwise valid Form W-8. This statement may be
provided by a partner that obtains a partnership interest
after providing to you an otherwise valid Form W-8. A
separate statement for providing a U.S. TIN must indicate
that it relates to the applicable Form W-8. See, however,
Regulation section 1.1441-1(e)(4)(vii) for when a U.S. TIN
is required on a Form W-8 to be a valid form for chapter 3
purposes. See also Regulations section 1.1446(f)-4(a)(5)
for when you may rely on a Form W-8 or Form W-9
furnished by a U.S. clearing organization for a member of
the clearing organization for purposes of your requirement
(as a broker) to withhold on the transfer of a PTP interest.
A requirement to withhold under section 1446(f) will not
apply if you are a broker paying an amount realized on the
sale of a PTP interest regardless of whether you obtain a
valid Form W-8 when the PTP publishes a qualified notice
representing that the “10%” exception to withholding
under section 1446(f) applies (when applicable to the
period in which the sale is made). See Regulations
section 1.1446(f)-4(b)(3).
Other Uses of Form W-8
Chapter 61 and section 3406. The Form W-8 you
collect may also be used to establish a person's status for
purposes of domestic information reporting under
chapter 61 and backup withholding under section 3406,
including for a payment settlement entity to determine
whether a participating payee is a foreign person for
purposes of section 6050W and whether a reportable
policy sale recipient or reportable death benefits recipient
is a foreign person for purposes of the reporting required
under section 6050Y. In general, if you receive a Form
W-8 that you can reliably associate with the payment and
are permitted to rely upon (generally under the standards
for foreign status claims for chapter 3 purposes), you are
exempt from reporting the payment on a Form 1099 and
withholding under section 3406.
FFI documenting account holders. If you are an FFI
maintaining a financial account, you may be required to
perform due diligence procedures to identify and
document the account holder under the chapter 4
regulations or an applicable intergovernmental agreement
(IGA) even if you are not making a payment to the account
holder that is subject to withholding. You may use Form
W-8 to document the chapter 4 status of an account
holder and to validate a claim of foreign status made by
the account holder, such as when the account has certain
U.S. indicia. For example, a participating FFI may treat an
individual account holder claiming foreign status that has
U.S. indicia (as described in Regulations section
1.1471-4(c)(5)(iv)(B)) as a foreign person for purposes of
the FFI’s U.S. account reporting requirements (that is,
Form 8966) when the individual provides a Form W-8BEN
and certain documentary evidence establishing foreign
status.
If you are an FFI documenting an account holder of an
account that you determine is excepted as a financial
account under Regulations section 1.1471-5(b)(2), a Form
W-8 (or other permitted documentation for chapter 4
purposes) is not required unless the form is associated
with amounts subject to withholding under chapter 3. In
such a case, a valid chapter 4 status (including that the
account is not a financial account) is not required to be
provided on the form.
Requesting Form W-8
Generally, if you are making a payment of an amount
subject to chapter 3 withholding or a withholdable
payment, you must withhold as required at the 30% rate
under chapter 3 or 4 unless you can reliably associate the
payment with a Form W-8 or other permitted
documentation to permit withholding at a reduced rate or
an exemption from withholding. You can reliably associate
a payment with a Form W-8 if you hold a valid form that
contains the information required for purposes of
chapter 3 or 4 (as applicable), you can reliably determine
how much of the payment relates to the form, and you
may rely upon the form under the due diligence
requirements. See
Due Diligence Requirements in
General, later.
You should request a Form W-8 from any person to
whom you are making a payment that you believe to be a
foreign person. You should request the form before
making a payment so that you have the form when you
make the payment. See, however, Regulations sections
1.1441-1(b)(7)(ii) and 1.1471-3(c)(7)(ii) for when you may
be able to rely on a Form W-8 obtained after the date of a
payment to support reduced withholding for chapter 3 or 4
purposes.
A withholding agent or payor that fails to obtain a valid
Form W-8 or Form W-9 and fails to withhold as required
under the presumption rules may be assessed tax at the
30% rate under chapter 3 or 4 or the 24% backup
withholding rate under section 3406 (as of the revision
date of these instructions), as well as interest and
penalties for lack of compliance. If you are a partnership
that fails to withhold on ECTI allocable to a foreign partner
as required under section 1446(a) or are a broker or
transferee that fails to withhold as required under section
1446(f), you will be liable for the tax required to be
withheld. A nominee for a PTP distribution may also be
liable for failing to withhold to the extent required on the
distribution under Regulations section 1.1446-4. In
addition under applicable regulations to section 1446(a) or
(f), you may in certain cases be liable for interest,
penalties, and additions to the tax even if there is no
underlying tax liability due from a foreign partner on its
allocable share of the partnership’s ECTI or from the
transferor on the transfer of a partnership interest.
If you are a withholding agent making a payment of an
amount subject to chapter 3 withholding or a withholdable
payment and you make the payment to an intermediary,
you must obtain documentation from such intermediary
(including the intermediary’s chapter 4 status if the
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payment is a withholdable payment), as well as any
required documentation for the beneficial owner(s) of the
payment to the extent required under the chapter 3 or 4
regulations.
Do not send Forms W-8 to the IRS. Instead, keep the
forms in your records for as long as they may be relevant
to the determination of your liability under section 1461
(for amounts subject to chapter 3 withholding), section
1474 (for withholdable payments), or Regulations section
1.1471-4(c)(2)(iv) (for an FFI documenting account
holders). See, however, section 1.1446(f)-2(b)(7) for the
requirement to furnish a certification for claiming treaty
benefits to the IRS on the transfer of an interest in a
partnership (other than a PTP) subject to section 1446(f).
Form W-8 provided or signed electronically. You may
rely on a valid Form W-8 received by facsimile or scanned
and furnished to you by email unless you know that the
person transmitting the Form W-8 is not authorized to do
so.
You may also rely on an otherwise valid Form W-8
received electronically from a third-party repository if the
form was uploaded or provided to the third-party
repository and there are processes in place to ensure that
the withholding certificate can be reliably associated with
a specific request from you and a specific authorization
from the person providing the form (or an agent of the
person providing the form) for you to receive the
withholding certificate. Notwithstanding the preceding
sentence, you do not need a specific authorization for
each payment to be associated with the withholding
certificate when you are permitted to rely on the
withholding certificate on an obligation-by-obligation basis
or as otherwise permitted under Regulations section
1.1441-1(e)(4)(ix). You may also rely on a withholding
statement received from a third-party repository if the
intermediary provides a Form W-8IMY and withholding
statement through the repository, provides an updated
withholding statement to you in the event of any change in
the information previously provided, and ensures there
are processes in place to update you when there is a new
withholding statement (and Forms W-8, as necessary) in
the event of any change that would affect the validity of
the prior forms or withholding statement. For purposes of
this paragraph, a third-party repository is an entity that
maintains withholding certificates but is not an agent of
the applicable withholding agent or the person providing
the certificate. See Regulations section 1.1441-1(e)(4)(iv)
(E) for the complete requirements for relying on a
withholding certificate from a third-party repository.
If you are a withholding agent that maintains a system
for furnishing Forms W-8 electronically, you must satisfy
the requirements of Regulations section 1.1441-1(e)(4)(iv)
(B). You may otherwise accept a Form W-8 with an
electronic signature, provided the electronic signature
meets the requirements of Regulations section
1.1441-1(e)(4)(iv)(B)(3)(ii). The withholding certificate
must reasonably demonstrate that the form has been
electronically signed by the recipient identified on the form
(or a person authorized to sign for the recipient). For
example, a withholding agent may treat as signed for
purposes of the requirements of a valid withholding
certificate, a withholding certificate that has in the
signature block the name of the person authorized to sign,
a time and date stamp, and a statement that the certificate
has been electronically signed. You may not treat a Form
W-8 with a typed name in the signature line as validly
signed without further information supporting that the
signature is an electronic signature. You may also rely on
an electronically signed withholding certificate based on
additional information or documentation that you have no
actual knowledge to be incorrect. See Regulations section
1.1441-1(e)(4)(i)(B).
Requesting Prior Versions of Form W-8
If the IRS issues an updated version of a Form W-8, you
may accept the prior version of the form until the later of 6
full months after the revision date shown on the form or
the end of the calendar year the updated form is issued
(based on the revision date shown on the form), unless
the IRS has issued guidance that affects the period for
acceptance of the prior version (for example, if a new
payee status is required under revised regulations that is
not in the prior version and is relevant to the payee’s
claim).
Due Diligence Requirements for
Reliance on Forms W-8
When you receive a completed Form W-8, you must
review it for completeness and accuracy with respect to
the claims made on the form, as well as any information
attached to the form, such as withholding statements and
beneficial owner withholding certificates associated with a
Form W-8IMY. In general, you may rely on the information
and certifications provided on the form unless you have
actual knowledge or reason to know that the information is
unreliable or incorrect. If you know or have reason to know
that any information is unreliable or incorrect, you must
obtain a new Form W-8 or other appropriate
documentation. You may accept a valid Form W-8 for
chapter 3 or 61 purposes (or for backup withholding
purposes) that does not contain a valid chapter 4 status
with respect to payments that are not withholdable
payments.
Reason to know. In general, you have reason to know
that a Form W-8 is unreliable or incorrect if:
•
The form is incomplete with respect to any item that is
relevant to the claims made;
•
The form contains any information that is inconsistent
with the claims made;
•
The form lacks information necessary to establish that
the beneficial owner is entitled to a reduced rate of
withholding; or
•
You have other account information that is inconsistent
with the claims made, or you have knowledge of relevant
facts or statements contained in the withholding certificate
or other documentation that would cause a reasonably
prudent person in your position to question the claims
made. For example, if you have information in your
records that contradicts information provided on the form,
you may not rely on the form.
With respect to a claim for benefits under an income
tax treaty, your reason-to-know requirement that the treaty
claim is unreliable or incorrect includes when the
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beneficial owner claims benefits under a treaty that does
not exist or is not in force. For this purpose, you may use
the list maintained at IRS.gov/businesses/international-
businesses/united-states-income-tax-treaties-a-to-z to
check whether a treaty exists and is in force.
Limitations on reason to know for certain entities.
If you are a financial institution (as defined in Regulations
section 1.1471-5(e)), insurance company, or broker or
dealer in securities maintaining an account for a direct
account holder that is the beneficial owner of the
payment, and you make a payment of U.S. source FDAP
income to the direct account holder, you have reason to
know that a Form W-8 that is a beneficial owner
withholding certificate (excluding Form W-8ECI) is
unreliable or incorrect for establishing foreign status (or
residency in a treaty country in item 4, directly below) only
if one or more of the following circumstances exist. See
also Regulations section 1.1441-7(b)(3)(ii) for special
rules that apply to preexisting obligations (as defined for
such purpose).
1. You have classified the account holder claiming
foreign status as a U.S. person in your account
information, the Form W-8 has a current permanent
residence address or a current mailing address in the
United States, you have a current residence or current
mailing address in the United States as part of the
account information, the direct account holder notifies you
of a new residence or mailing address in the United
States, or, only to the extent described in Regulations
section 1.1441-7(b)(5), you have a U.S. telephone
number as the sole telephone number for the account
holder. However:
a. An individual who has provided a Form W-8BEN
may be treated as a foreign person if:
i. You have in your possession or obtain documentary
evidence establishing foreign status (as described in
Regulations section 1.1471-3(c)(5)(i)) that does not
contain a U.S. address, and the individual provides you
with a reasonable explanation, in writing, supporting his or
her claim of foreign status;
ii. For a payment made outside the United States with
respect to an offshore obligation (as defined in
Regulations section 1.6049-5(c)(1)), you have in your
possession or obtain documentary evidence establishing
foreign status (as described in Regulations section
1.1471-3(c)(5)(i)) that does not contain a U.S. address;
iii. For a payment made with respect to an offshore
obligation (as defined in Regulations section 1.6049-5(c)
(1)), you classify the individual as a resident of the country
where the obligation is maintained, you are required to
report payments made to the individual annually on a tax
information statement that is filed with the tax authority of
the country in which the obligation is maintained, and that
country has an income tax treaty or information exchange
agreement in effect with the United States; or
iv. For a case in which you have classified the account
holder as a U.S. person in your account information, you
have in your possession or obtain documentary evidence
(as described in Regulations section 1.1471-3(c)(5)(i)(B))
demonstrating citizenship in a country other than the
United States.
b. You may treat an entity that has provided you with a
Form W-8BEN-E as a foreign person if you do not know or
have reason to know that the entity is a flow-through entity
and:
i. You have in your possession or obtain
documentation establishing foreign status that
substantiates that the entity is actually organized or
created under the laws of a foreign country; or
ii. For a payment made with respect to an offshore
obligation (as defined in Regulations section 1.6049-5(c)
(1)), you classify the entity as a resident of the country in
which the account is maintained, you are required to
report a payment made to the entity annually on a tax
information statement that is filed with the tax authority of
the country in which the obligation is maintained, and that
country has an income tax treaty or tax information
exchange agreement in effect with the United States.
2. The form is provided with respect to an offshore
obligation (as defined in Regulations section 1.6049-5(c)
(1)) and the direct account holder has provided standing
instructions directing you to pay amounts from its account
to an address in, or an account maintained in, the United
States, unless the account holder provides either a
reasonable explanation in writing that supports its foreign
status or documentary evidence establishing its foreign
status (as described in Regulations section 1.1471-3(c)(5)
(i)).
3. The Form W-8BEN is provided by an individual that
is a direct account holder and is used to establish foreign
status and you have, either on accompanying
documentation or as part of your account information, an
unambiguous indication of a place of birth for the
individual in the United States, unless you have in your
possession or obtain documentary evidence (described in
Regulations section 1.1471-3(c)(5)(i)(B)) demonstrating
citizenship in a country other than the United States and
either:
a. A copy of the individual’s Certificate of Loss of
Nationality of the United States, or
b. A reasonable written explanation of the account
holder’s renunciation of U.S. citizenship or the reason the
account holder did not obtain U.S. citizenship at birth.
4. The Form W-8 is provided by a direct account
holder and is used to establish residence in a treaty
country and:
a. The permanent residence address on the form is
not in the treaty country or the direct account holder
notifies you of a new permanent residence address that is
not in the treaty country, unless the direct account holder
provides a reasonable explanation for the permanent
residence address outside the treaty country or you have
in your possession, or obtain, documentary evidence
(described in Regulations section 1.1471-3(c)(5)(i)) that
establishes residency in the treaty country.
b. The permanent residence address is in the treaty
country, but the mailing address on the form is not in the
treaty country or you have a current mailing address that
is not in the treaty country as part of your account
information for the direct account holder, unless:
i. You have in your possession, or obtain,
documentary evidence (as described in Regulations
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section 1.1471-3(c)(5)(i)) supporting the claim of
residence in the treaty country and the additional
documentation does not contain an address outside the
treaty country;
ii. You have in your possession, or obtain,
documentation that establishes that the direct account
holder is an entity organized in a treaty country (or an
entity managed and controlled in a treaty country, if
required by the applicable treaty);
iii. You know that the address outside the treaty
country (other than a P.O. box or in-care-of address) is a
branch of the direct account holder that is a resident of the
treaty country; or
iv. The direct account holder provides a written
statement that reasonably establishes entitlement to
treaty benefits.
c. The direct account holder has standing instructions
for you to pay amounts from the account to an address or
account outside the treaty country unless the account
holder provides a reasonable explanation, in writing,
establishing the account holder's residence in the
applicable treaty country or you have in your possession
or obtain documentary evidence (described in
Regulations section 1.1471-3(c)(5)(i)) establishing the
account holder’s residence in the applicable treaty
country.
Where required, a reasonable explanation supporting
an individual’s claim of foreign status means a written
statement prepared by the individual, or, in the alternative,
a checklist provided by you and completed by the
individual stating that the individual meets one of the
requirements listed in Regulations section 1.1441-7(b)
(12)(i) through (iv).
For additional information on the standards of
knowledge for chapter 3 purposes for relying on a claim of
foreign status or a claim of residency in a treaty country
and limitations on reason to know, see Regulations
sections 1.1441-6(b)(1) and 1.1441-7(b). For additional
information on the standards of knowledge for Forms W-8
provided for chapter 4 purposes, see Regulations section
1.1471-3(e).
Hold mail instruction. An address that is provided
subject to an instruction to hold all mail to that address is
not a permanent residence address, such that you may
not rely upon the Form W-8. However, the address can be
used as a permanent residence address if the person has
provided you with the documentary evidence required for
this purpose, which differs depending on whether the
Form W-8 includes a treaty claim but which need not
include a permanent residence address. See Regulations
section 1.1441-1(c)(38)(ii). If, after a Form W-8 is
provided, a person’s permanent residence address is
subsequently subject to a hold mail instruction, this is a
change in circumstances requiring the person to provide
the documentary evidence described in the preceding
sentence in order to use the address as a permanent
residence address.
Dual claims under a tax treaty. If you are making
payments to a foreign entity that is simultaneously
claiming a reduced rate of tax under a tax treaty on its own
behalf and a separate treaty claim on behalf of its interest
holders for different payments or for different portions of
the same payment, you may accept the dual claims even
though you hold different withholding certificates that
require you to treat the entity inconsistently. Alternatively,
you may choose to apply only the claim made by the
entity, provided that the entity may be treated as the
beneficial owner of the income. If, however, inconsistent
claims are made for the same portion of a payment, you
may either reject both claims and request consistent
claims for that portion of the payment, or you may choose
which reduction in rate to apply.
Requirements for Obtaining and Verifying a
Global Intermediary Identification Number
(GIIN)
If you receive a Form W-8BEN-E, W-8IMY, or W-8EXP
from an entity payee claiming certain chapter 4 statuses,
you must obtain and verify the entity’s GIIN against the
published IRS FFI list. See Regulations section
1.1471-3(e)(3). You must obtain and verify the GIIN for the
following chapter 4 statuses.
•
Participating FFIs (including reporting Model 2 FFIs).
•
Registered deemed-compliant FFIs (including reporting
Model 1 FFIs).
•
Direct reporting NFFEs.
•
Sponsored direct reporting NFFEs.
•
Certain nonreporting IGA FFIs (as described below).
If you receive a Form W-8BEN-E or Form W-8IMY from
a nonreporting IGA FFI that is a trustee-documented trust
that indicates its trustee is foreign, you must obtain a GIIN
of the trustee on the form.
If you receive a Form W-8 from a nonreporting IGA FFI
that checks Model 2 IGA in Part XII of Form W-8BEN-E,
Part XIX of Form W-8IMY, or Part III, line 15, of Form
W-8EXP (as applicable), and identifies a category of entity
that is a registered deemed-compliant FFI under Annex II
of an applicable Model 2 IGA, you must obtain and verify
the GIIN of the nonreporting IGA FFI against the published
IRS FFI list. Additionally, if you receive a Form W-8BEN-E
or Form W-8IMY from a nonreporting IGA FFI that
provides a citation to a section of the Regulations for its
registered deemed-compliant status in Part XII of Form
W-8BEN-E or Part XIX of Form W-8IMY (as applicable) or
the FFI identifies itself as a registered deemed-complaint
FFI in Part I, line 4, of Form W-8EXP, you must obtain and
verify the GIIN of the nonreporting IGA FFI against the
published IRS FFI list. See Regulations section
1.1471-1(b)(83) for the definition of nonreporting IGA FFI
and Regulations section 1.1471-3(d)(7)(i) for the
documentation requirements for nonreporting IGA FFIs.
For an entity claiming status as a certified
deemed-compliant FFI that is a sponsored, closely held
investment vehicle described in Regulations section
1.1471-5(f)(2)(iii) on a Form W-8BEN-E or Form W-8IMY,
you must obtain the GIIN for the sponsoring entity and
verify it against the published IRS FFI list. For an entity
claiming status as a sponsored investment entity or
controlled foreign corporation described in Regulations
section 1.1471-5(f)(1)(i)(F), you must obtain and verify the
GIIN of the sponsored investment entity or controlled
foreign corporation against the published IRS FFI list, not
the GIIN of the sponsoring entity.
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If you receive a Form W-8BEN-E, Form W-8IMY, or
Form W-8EXP from an entity payee that is claiming
chapter 4 status as a participating FFI (including a
reporting Model 2 FFI), registered deemed-compliant FFI
(including a reporting Model 1 FFI and a sponsored FFI
described in the Treasury regulations under section
1471), direct reporting NFFE, sponsored direct reporting
NFFE, or nonreporting IGA FFI required to provide a GIIN
(as described earlier) that contains “Applied for” in the box
for the GIIN, the payee must provide its GIIN within 90
days of providing the form. A Form W-8 from such a
payee that does not include a GIIN, or includes a GIIN that
does not appear on the published IRS FFI list, will be
invalid for purposes of chapter 4 beginning on the date
that is 90 days after the date the form is provided. See
Regulations section 1.1471-3(e)(3)(iii) and (iv).
You may only accept a Form W-8BEN-E or Form
W-8IMY with Part II completed if the entity shown in Part II
is an FFI that is a branch of the entity identified in Part II,
line 1, and the branch is receiving a withholdable
payment, or if the entity shown in Part II is a disregarded
entity that is identified in Part I, line 3, as receiving the
payment. If you receive a Form W-8BEN-E or Form
W-8IMY from a branch (other than a U.S. branch) or
disregarded entity described in the preceding sentence
that is receiving a payment associated with the form, you
must verify the GIIN of the branch (unless the branch is
treated as a nonparticipating FFI) or disregarded entity
that is provided in Part II against the published IRS FFI list
and not that of the entity identified in Part I, line 1. In such
a case, you may accept the form without a GIIN on line 9a
(for Form W-8BEN-E) or line 9 (for Form W-8IMY). If you
receive a Form W-8BEN-E from a U.S. branch, the branch
may provide the GIIN of any other branch of the FFI
(including the GIIN for the FFI’s residence country). A U.S.
branch providing a Form W-8IMY is not required to
provide a GIIN.
Presumption Rules
If you do not receive a valid Form W-8 or Form W-9 that
you may rely upon under the due diligence requirements,
or cannot otherwise determine whether a payment should
be treated as made to a U.S. or foreign person, you must
apply the presumption rules provided in the regulations. If
the payment is an amount subject to withholding under
chapter 3 or 4 or a reportable payment under one of those
sections or another relevant section under chapter 61 of
the Code, you must apply the presumption rules provided
in the Regulations under sections 1441, 1471, 6045, and
6049 (as applicable). If the presumption rules are applied
to treat a person as a foreign person, the statutory 30%
withholding rate applies to a payment subject to
withholding under chapter 3 and cannot be reduced (for
example, no treaty rate). You may not rely on the
presumption rules if you have actual knowledge that a
higher withholding rate is applicable. If you determine that
you are making a withholdable payment to an entity and
cannot reliably associate the payment with a Form W-8 or
other permitted documentation that is valid for chapter 4
purposes, you are required to treat the entity payee as a
nonparticipating FFI. If the payment is an amount subject
to withholding under section 1446(a) or section 1446(f) for
which a valid Form W-9 (or acceptable substitute) is not
received and the partnership does not use other means to
determine a partner's non-foreign status (only for section
1446(a) withholding), the amount is treated as made to a
foreign person and, unless an exception applies,
withholding applies as required under the regulations to
section 1446(a) or 1446(f) (as applicable).
When To Request a New Form W-8
Request a new Form W-8:
•
Before the expiration of the validity period of an existing
Form W-8 (when applicable);
•
If the existing form does not support a claim for a
reduced rate of withholding or is incomplete with respect
to any claim made on the form (such as may result, for
example, from a new regulatory requirement relevant to
the Form W-8); or
•
If you know or have reason to know of a change in
circumstances that makes any information on the current
form unreliable or incorrect for purposes of chapter 3 or 4
(to the extent applicable) based on the claims made on
the form.
Example. A foreign individual investor opens an
account with a broker to purchase U.S. Treasury bonds
and provides Form W-8BEN to obtain the portfolio interest
exemption. The investor does not complete Part II of Form
W-8BEN because he or she is not claiming treaty benefits.
Later, the investor purchases U.S. stock and claims treaty
benefits on dividend income. The withholding agent must
obtain a new Form W-8BEN at that time that provides the
information required in Part II to be able to withhold based
on the treaty claim and not at the 30% withholding tax
rate.
Changes in circumstances for chapter 4 purposes.
For chapter 4 purposes, a change in circumstances
generally occurs when there is a change in a person’s
chapter 4 status. You must treat a Form W-8 as invalid
when you know or have reason to know of a change in
circumstances that affects the correctness of the form.
However, you may continue to treat an FFI as having the
same chapter 4 status that it had prior to the change in
circumstances until the earlier of 90 days from the date of
the change or the date that new documentation is
obtained.
You are not considered to have reason to know of a
change in circumstances if an FFI’s chapter 4 status
changes solely because the jurisdiction where the FFI is
resident, organized, or located is treated as having an IGA
in effect or if the jurisdiction had a Model 2 IGA in effect
and is later treated as having a Model 1 IGA in effect. If
such change in circumstances occurs, the FFI may
provide you with oral or written confirmation (including by
email) of its new chapter 4 status rather than providing a
new Form W-8, and you must retain a record of this
confirmation.
If an FFI is resident, organized, or located in a
jurisdiction that is treated as having an IGA in effect, and
the jurisdiction’s status on the Treasury Department’s IGA
list (located at
Treasury.gov/resource-center/tax-policy/
treaties/pages/FATCA.aspx) is later updated to indicate
that it is no longer treated as having an IGA in effect, you
will have reason to know of a change in circumstances
with respect to the FFI’s chapter 4 status on the date that
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the jurisdiction ceases to be treated as having an IGA in
effect. See Regulations section 1.1471-3(c)(6)(ii)(E)(3). If
such change in circumstances occurs, the FFI may
provide you with oral or written confirmation (including by
email) of its new chapter 4 status rather than providing a
new Form W-8, and you must retain a record of this
confirmation.
Period of Validity
Generally, a Form W-8 is valid from the date signed until
the last day of the third succeeding calendar year unless a
change in circumstances occurs that makes any
information on the form incorrect. For example, a Form
W-8BEN signed on September 30, 2022, generally
remains valid through December 31, 2025. However,
under certain conditions, a Form W-8 will be valid
indefinitely unless there has been a change in
circumstances. For example, a Form W-8BEN and
documentary evidence supporting an individual’s claim of
foreign status (other than the portion of the form making a
claim for treaty benefits) are indefinitely valid if the form
and documentary evidence are provided within 30 days of
each other. A Form W-8BEN-E and documentary
evidence supporting an entity’s claim of foreign status
(other than the portion of the form making a claim for
treaty benefits) that are received by a withholding agent
before the validity period of either the form or the
documentary evidence would otherwise expire are
indefinitely valid. A Form W-8IMY is valid indefinitely as
described in this paragraph, but see
Notes for Validating
Form W-8IMY, later, for the validity period for a Form
W-8IMY provided by a QDD. For further information on
the period of validity for a Form W-8 for chapter 3
purposes, see Regulations section 1.1441-1(e)(4)(ii), and
for chapter 4 purposes, see Regulations section
1.1471-3(c)(6)(ii). The validity period for a Form W-8
associated with an amount subject to withholding under
section 1446(a) or an amount realized under section
1446(f) is determined under the chapter 3 requirements
referenced in the preceding sentence.
Forms Received That Are Not Dated or That
Contain Inconsequential Errors or Omissions
If a Form W-8 is valid except that the person providing the
form has not dated the form, you may date the form from
the day you receive it and measure the validity period
from that date. Generally, you may treat a withholding
certificate as valid if it contains an error or omission that is
inconsequential and you have sufficient documentation on
file to supplement the missing information. However, a
failure to establish an entity type or make a required
certification is not inconsequential.
Example 1. If an entity receiving a withholdable
payment selects a certified deemed-compliant FFI status
on line 5 of Form W-8BEN-E but does not complete the
corresponding required certifications in Part V, the form is
invalid for chapter 4 purposes. On the other hand, if you
receive a Form W-8 for which the person signing the form
does not also print a name before the signature when
required on the form, you are not required to treat the form
as incomplete if you have documentation or information
supporting the identity of the person signing the form.
Example 2. An abbreviation of a country of residence
on Form W-8BEN is an inconsequential error if it is an
ambiguous abbreviation and you have documentary
evidence supporting the beneficial owner's country of
residence. For further information about withholding
certificates that contain inconsequential errors, see
Regulations section 1.1441-1(b)(7)(iv) for chapter 3
purposes and Regulations section 1.1471-3(c)(7)(i) for
chapter 4 purposes.
Foreign TINs
If you are a U.S. office or branch of a depository
institution, custodial institution, investment entity, or
specified insurance company (each as defined in
Regulations section 1.1471-5(e)) documenting an account
holder (as defined in Regulations section 1.1471-5(a)(3))
of an account that is a financial account (as defined in
Regulations section 1.1471-5(b)), you must obtain the
account holder’s TIN for its jurisdiction of tax residence
(FTIN) on a Form W-8 that is a beneficial owner
withholding certificate in order for the form to be valid for a
payment of U.S. source income reportable on Form
1042-S (as determined before the application of this
requirement), unless:
•
The account holder is resident of a jurisdiction that is
not listed in section 3 of Rev. Proc. 2020-15, 2020-23
I.R.B. 905, which may be further updated in future
published guidance;
•
The account holder is resident in a jurisdiction that has
been identified on the IRS's List of Jurisdictions That Do
Not Issue Foreign TINs, available at IRS.gov/businesses/
corporations/list-of-jurisdictions-that-do-not-issue-foreign-
tins;
•
The account holder is a government (including a
controlled entity that is a foreign government under
section 892), international organization, foreign central
bank of issue, or resident of a U.S. territory; or
•
You obtain a reasonable explanation for why the
account holder has not been issued an FTIN (generally by
the account holder checking an applicable box on the
form).
A reasonable explanation that an account holder does
not have an FTIN must address why the account holder
was not issued an FTIN only to the extent provided in the
instructions for the applicable Form W-8. A reasonable
explanation for not providing an FTIN includes checking
the applicable box signaling that you are not legally
required to obtain an FTIN from your jurisdiction of
residence (including if the jurisdiction does not issue
FTINs). If an account holder provides an explanation other
than or in furtherance of the one described in the
Instructions for the applicable Form W-8, you must
determine whether the explanation is reasonable. In such
a case, you may accept this further (or other) explanation
if it is written in the line on the form for an FTIN, in the
margins of the form, or on a separate attached statement
associated with the form.
You may rely on an FTIN provided on a Form W-8
unless you know or have reason to know it is incorrect.
You may also accept the FTIN on a separate statement as
provided in Regulations section 1.1441-1(e)(2)(ii)(B)(1).
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Alternative Certifications Under an Applicable
IGA
If you are an FFI subject to a Model 1 or Model 2 IGA
using Form W-8BEN-E or Form W-8IMY to document
account holders pursuant to the due diligence
requirements of Annex I of an applicable IGA, you may
request alternative certifications from your account
holders in accordance with the requirements of, and
definitions applicable to, the IGA instead of the
certifications on Form W-8BEN-E or W-8IMY. You should
provide those certifications to account holders from whom
you request a Form W-8BEN-E or W-8IMY, and the
account holder should attach the completed certification
to the Form W-8BEN-E or W-8IMY in lieu of completing a
certification otherwise required. In such a case, you must
provide a written statement to the account holder stating
that you have provided the alternative certification to meet
your due diligence requirements under an applicable IGA
and you must associate the certification with the Form
W-8BEN-E or W-8IMY.
If you are a withholding agent (including an FFI), you
may also request and rely upon an alternative certification
from an entity account holder to establish that the account
holder is an NFFE (rather than a financial institution)
under an applicable IGA. An entity providing such a
certification will still be required, however, to provide its
chapter 4 status (that is, the type of NFFE) in Part I, line 5,
as determined under the regulations if you are a
withholding agent other than an FFI documenting an
account holder under Annex I of an applicable IGA. For
example, if you are a U.S. withholding agent that receives
a Form W-8BEN-E or W-8IMY from an entity account
holder certifying to its status as a passive NFFE, you may
request a written certification that the entity is not a
financial institution as defined under the IGA applicable to
the entity and document it under the regulations by
obtaining the NFFE's certification of its chapter 4 status in
Part I, line 5. In the case of an FFI documenting an
account holder under Annex I of an applicable IGA,
however, a nonprofit organization treated as an active
NFFE under the Annex may provide an FFI with an
alternative certification that it is an NFFE that qualifies as
a nonprofit organization under an applicable IGA. In such
a case, the nonprofit organization will not be required to
check a box in Part I, line 5, and the FFI may treat the
entity as an excepted NFFE.
If you receive an alternative certification under an
applicable IGA described in the preceding paragraphs,
you may rely on such certification unless you know or
have reason to know the certification is incorrect.
Rules for Specific Types of Forms
W-8
Form W-8BEN
You should request Form W-8BEN from any foreign
individual for any of the purposes described previously in
these instructions. These purposes include if you are
making a payment subject to chapter 3 withholding or a
withholdable payment; if you are a partnership (or
nominee for a PTP) documenting a partner for purposes
of section 1446(a), or are a broker or transferee
documenting a transferor paid an amount realized under
section 1446(f); if a payee claims foreign status for
purposes of domestic information reporting and backup
withholding; or if you are an FFI using this form to
document an account for purposes of chapter 4.
Notes for Validating Form W-8BEN
Line 6a and 6b (Foreign TIN). If you do not obtain an
FTIN on line 6a (when required) and the account holder
has not checked line 6b, or provided a further (or other)
explanation for why the account holder has not been
issued an FTIN on a separate statement (see Foreign
TINs, earlier), you must treat the form as invalid for
payments of U.S. source income reportable on Form
1042-S (as determined before the application of this
requirement).
Line 8 (Date of birth). If you are a U.S. office or branch
of a depository institution, custodial institution, investment
entity, or specified insurance company (each as defined in
Regulations section 1.1471-5(e)) documenting an
individual account holder (as defined in Regulations
section 1.1471-5(a)(3)) of an account that is a financial
account (as defined in Regulations section 1.1471-5(b)),
you must obtain the individual account holder’s date of
birth on the Form W-8BEN in order for the form to not be
invalid for a payment of U.S. source income reportable on
Form 1042-S (as determined before the application of this
requirement). If the individual’s date of birth is not
provided on the Form W-8BEN, the form is not invalid if
you otherwise have the date of birth in your account files
for the account holder or you obtain the date of birth on a
written statement (including a written statement
transmitted by email) from the account holder and
associate the written statement with the Form W-8BEN.
You may rely on the date of birth provided by an account
holder unless you know or have reason to know it is
incorrect.
Line 10 (Special rates and conditions). If the
beneficial owner is required to explain the additional
conditions in the treaty that it meets to be eligible for the
rate of withholding on line 10, you may accept a brief
explanation for this purpose. You may accept a treaty
claim without this explanation under an interest or
dividends (other than dividends subject to a preferential
rate based on ownership) article of a treaty or other
income article, unless such article requires additional
representations.
See the Instructions for Form W-8BEN for further
information for when a beneficial owner is required to
complete line 10. For a beneficial owner that is claiming
treaty benefits for gain or income with respect to a PTP
and that is subject to section 1446, the name of each PTP
to which the claim relates must be identified. If the
beneficial owner receives gain or income with respect to
multiple PTPs, it may attach a separate statement to the
form that identifies each PTP. If the beneficial owner
provides the separate statement after it has provided the
Form W-8BEN, it must indicate that the statement relates
to the applicable form.
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A beneficial owner that is taxed on a remittance basis
and that is claiming treaty benefits with respect to a
payment under a treaty must state this on line 10 and
include the amount of income that was remitted to, and is
taxable in, the treaty country. You may generally rely on
the claim if you are remitting the payment to the treaty
country (or you know that another withholding agent is
doing so) or if you maintain the account for the claimant in
the treaty country, subject to any due diligence
requirements applicable to validating a claim of residency
in a treaty jurisdiction (see Limitations on reason to know
for certain entities, earlier). In certain cases, you may also
be able to use the adjustment to overwithholding
procedures in Regulations section 1.1461-2(a) to repay a
beneficial owner that establishes remittance of the
payment to the treaty country after you make the payment.
Form W-8BEN-E
You should request Form W-8BEN-E from any foreign
entity for the purposes described previously in these
Instructions for Form W-8BEN or if the payee is to
establish that certain income from notional principal
contracts is not effectively connected with the conduct of
a U.S. trade or business (for reporting on Form 1042-S).
See Regulations section 1.1441-4, and Notional principal
contracts reportable on Form 1042-S, later.
Notes for Validating Form W-8BEN-E
Part I, line 4 (Chapter 3 Status). If you receive a Form
W-8BEN-E from an entity that indicates in Part I, line 4,
that it is a disregarded entity, partnership, simple trust, or
grantor trust, and the entity has checked “No” in Part I,
line 4 (regarding the entity’s claim of treaty benefits), you
should not accept the Form W-8BEN-E if the form is used
only with respect to reportable amounts or withholdable
payments. In such a case, you should request the entity
complete a Form W-8IMY if the entity is a partnership,
simple trust, or grantor trust, or have the owner of a
disregarded entity complete the appropriate Form W-8. If
you are an FFI documenting an entity account holder
solely for chapter 4 purposes (that is, you are not required
to document the payee for purposes of withholding or
domestic information reporting), the entity does not need
to provide a chapter 3 status on line 4 of the form. For
purposes of section 1446, however, you may accept a
Form W-8BEN-E from a simple trust.
Part I, lines 9b, and 9c (Foreign TIN). If you do not
obtain an FTIN on line 9b (when required) and the
account holder has not checked line 9c, provided a further
(or other) explanation for why the account holder has not
been issued an FTIN on a separate statement (see
Foreign TINs, earlier), you must treat the form as invalid
for payments of U.S. source income reportable on Form
1042-S (as determined before the application of this
requirement).
Part II (Disregarded Entity or Branch Receiving Pay-
ment). If you are making payments to multiple branches/
disregarded entities that would be completing Part II, and
the Part I information for each branch/disregarded entity is
the same, instead of obtaining separate Forms W-8BEN-E
with respect to each branch/disregarded entity, you may
accept a single Form W-8BEN-E with a separate schedule
attached that includes all of the information required by
Part II for each branch/disregarded entity and you are able
to allocate each payment to each branch/disregarded
entity associated with the form. See Requirements for
Obtaining and Verifying a Global Intermediary
Identification Number (GIIN), earlier, for when a GIIN is
required when Part II is completed.
Part III (Claim of Tax Treaty Benefits), line 14b. An
entity claiming a reduced rate of withholding under an
income tax treaty that contains a limitation on benefits
(LOB) article must identify the LOB provision that it
satisfies by checking one of the boxes on line 14b. In
general, the entity is only required to check one box, even
if it satisfies more than one provision. If the applicable
treaty has no LOB article, the entity must check the box
indicating no LOB article in the treaty. You may rely on the
entity’s claim on line 14b unless you have actual
knowledge that the claim is incorrect.
Part III, line 15 (Special rates and conditions). If the
beneficial owner is required to explain the additional
conditions in the treaty that it meets to be eligible for the
rate of withholding on line 15, you may accept a brief
explanation. You may accept a treaty claim without this
explanation under an interest or dividends (other than
dividends subject to a preferential rate based on
ownership) article of a treaty or other income article,
unless such article requires additional representations.
See the Instructions for Form W-8BEN-E for further
information for when a beneficial owner is required to
complete line 15. For a beneficial owner that is claiming
treaty benefits for gain or income with respect to a PTP
that is subject to withholding under section 1446(a) or (f),
the name of each PTP to which the claim relates must be
identified. If the beneficial owner receives gain or income
with respect to multiple PTPs, it may attach a separate
statement to the form that identifies each PTP. If the
beneficial owner provides the separate statement after it
has provided the Form W-8BEN-E, it must indicate that
the statement relates to the applicable form.
Part X (Owner-Documented FFI), line 24. You may
accept this certificate and treat an entity as an
owner-documented FFI only if you are a designated
withholding agent under the chapter 4 regulations. Also,
an owner-documented FFI that is a nonreporting IGA FFI
must check “Owner-Documented FFI” (and not
“Nonreporting IGA FFI”) on line 5 and complete Part X.
You may accept a Form W-8BEN-E from an entity
claiming status as an Owner-Documented FFI that does
not check box 24d in Part X regardless of whether you
know that the entity is a trust that has one or more
contingent beneficiaries.
Form W-8ECI
You should request Form W-8ECI from any foreign person
or organization to which you are making a payment
subject to withholding under chapter 3 or 4 if it is the
beneficial owner of the income (or an entity engaged in a
U.S. trade or business submitting the form on behalf of its
owners, partners, or beneficiaries) and claims that the
income is effectively connected with the conduct of a
trade or business in the United States. However, if you are
a partnership (or nominee for a PTP interest), you should
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request a Form W-8BEN or W-8BEN-E (as applicable)
from a foreign partner that is allocated income that is ECTI
for purposes of withholding under section 1446(a).
Nevertheless, a foreign partner that has made an election
under section 871(d) or section 882(d) must provide that
election to the partnership along with a Form W-8ECI.
An exception from section 1446(f) withholding applies
to a foreign dealer that transfers a PTP interest if the
foreign dealer provides Form W-8ECI and makes the
certifications set forth on line 12 of such form. See
Regulations section 1.1446(f)-4(b)(6). You may rely on the
certifications made by the dealer for this purpose unless
you have actual knowledge they are unreliable or
incorrect.
If you receive a Form W-8ECI without a U.S. TIN
entered on line 7, you may not rely on Form W-8ECI to
treat the income as effectively connected with a U.S. trade
or business and you must apply the appropriate
presumption rules or obtain another Form W-8 for the
payee that you may rely upon. If you receive a Form
W-8ECI without an FTIN on line 8a when required and the
account holder has not checked line 8b, or provided a
reasonable (or other) explanation for why the account
holder has not been issued an FTIN on a separate
statement when required (see
Foreign TINs, earlier), you
must treat the form as invalid for payments of U.S. source
income reportable on Form 1042-S (as determined before
the application of this requirement).
Your receipt of Form W-8ECI serves as a
representation by the payee or beneficial owner that the
items of income identified on line 11 are effectively
connected with the conduct of a trade or business within
the United States. Therefore, if a beneficial owner
provides you with a Form W-8ECI, you may treat all of the
U.S. source income identified on line 11 paid to that
beneficial owner as effectively connected with the conduct
of a trade or business within the United States and not as
a withholdable payment for purposes of chapter 4.
Accordingly, a chapter 4 status is not required for a payee
who provides a valid Form W-8ECI unless you are an FFI
requesting a Form W-8ECI from an account holder for
purposes of your chapter 4 due diligence requirements.
If you pay items of income that are not identified on
line 11 by the beneficial owner as effectively connected
with the conduct of a trade or business within the United
States, you are generally required to obtain another type
of Form W-8 from the beneficial owner.
Generally, you may not treat an amount otherwise
subject to withholding under chapter 3 or 4 as income
effectively connected with the conduct of a trade or
business within the United States unless the beneficial
owner gives you a valid Form W-8ECI. However, there are
exceptions (described below) for income paid on notional
principal contracts and payments made to certain U.S.
branches.
Notional principal contracts reportable on Form
1042-S. Withholding at a 30% rate is not required on
amounts paid under the terms of a notional principal
contract whether or not a Form W-8ECI is provided
(except when a payment made under such contract is
U.S. source income, such as a dividend equivalent
amount under section 871(m)). However, if the income is
effectively connected with the conduct of a U.S. trade or
business, it is reportable by you on Form 1042-S
(regardless of whether the payment is U.S. source
income). You must treat income as effectively connected
with the conduct of a U.S. trade or business, even if a
Form W-8ECI has not been received, if the income is paid
to a qualified business unit of a foreign person located in
the United States or if the income is paid to a qualified
business unit of a foreign person located outside the
United States and you know, or have reason to know, that
the payment is income effectively connected with the
conduct of a U.S. trade or business. However, a payment
is not treated as income effectively connected with the
conduct of a U.S. trade or business if the payee provides
a Form W-8BEN-E representing that the payment is not
income effectively connected with a U.S. trade or
business or makes a representation in a master
agreement that governs the transactions in notional
principal contracts between the parties (for example, an
International Swaps and Derivatives Association
agreement), or in the confirmation on the particular
notional principal contract transaction, that the payee is a
U.S. person or a non-U.S. branch of a foreign person.
Payments to certain U.S. branches treated as effec-
tively connected income. If you make a payment to a
U.S. branch of a foreign bank or insurance company that
does not provide a withholding certificate but has provided
an employer identification number (EIN), the payment is
presumed to be effectively connected with the conduct of
a trade or business within the United States even if the
foreign person (or its U.S. branch) does not give you a
Form W-8ECI. If you do not obtain a Form W-8ECI or the
U.S. branch’s EIN, the income paid cannot be treated as
income effectively connected with a U.S. trade or
business.
Form W-8EXP
You should request Form W-8EXP from any foreign
government, international organization, foreign central
bank of issue, foreign tax-exempt organization, foreign
private foundation, or government of a U.S. possession to
which you are making a payment of an amount subject to
chapter 3 withholding if such person is claiming an
exemption from withholding under sections 1441, 1442,
and 1443 pursuant to section 115(2), 501(c), 892, or 895,
or claiming a rate of withholding under section 1443(b).
Except as provided below, you should request Form
W-8EXP from a person claiming an exemption from
withholding under chapter 4 as an exempt beneficial
owner or tax-exempt organization under section 501(c) or
that is claiming any other chapter 4 status shown on the
form when also claiming a chapter 3 status described in
the preceding sentence. In certain cases, a GIIN may be
required based on the chapter 4 status claimed on the
form. See
Requirements for Obtaining and Verifying a
Global Intermediary Identification Number (GIINs), earlier.
If you are an FFI documenting an account holder that is
a tax-exempt organization or exempt beneficial owner
(each as defined for chapter 4 purposes) to which you do
not pay amounts subject to withholding under chapter 3,
you may require that the account holder complete Form
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W-8BEN-E (rather than Form W-8EXP) to establish its
status for chapter 4 purposes.
A Form W-8EXP submitted by a foreign person that is a
partner in a partnership for purposes of withholding under
sections 1441 through 1443 will also establish that
partner's foreign status for purposes of section 1446.
However, except as provided in Regulations section
1.1446-3(c)(3) (regarding certain tax-exempt
organizations described in section 501(c)), the
submission of Form W-8EXP will have no effect on
whether the partner is subject to withholding under section
1446(a).
You may treat a payee as an international organization
without requiring a Form W-8EXP if the payee is
designated as an international organization by an
executive order (pursuant to 22 U.S.C. 288 through
288(f)) and other facts surrounding the payment
reasonably indicate that the beneficial owner of the
payment is an international organization. With regard to
amounts derived from bankers' acceptances for chapter 3
purposes, you may treat a payee as a foreign central bank
of issue without requiring a Form W-8EXP if the name of
the payee and other facts surrounding the payment
reasonably indicate that the beneficial owner of the
payment is a foreign central bank of issue.
A U.S. TIN is required if the beneficial owner is claiming
an exemption or reduced rate of withholding based solely
on a claim of tax-exempt status under section 501(c) or
private foundation status. However, a U.S. TIN is not
required from a foreign private foundation that is subject to
the 4% excise tax on gross investment income (under
section 4948(a)) that would be exempt from withholding
except for section 4948(a) (for example, portfolio interest).
If you receive a Form W-8EXP without an FTIN (or a
reasonable explanation for why the account holder has
not been issued an FTIN) on line 8b (or on a separate
statement) when required (see
Foreign TINs, earlier), you
must treat the form as invalid for payments of U.S. source
income reportable on Form 1042-S (as determined before
the application of this requirement).
Form W-8IMY
For purposes of chapter 3 and 4, you should request Form
W-8IMY from any entity that is a QI (including a QI acting
as a QDD), an NQI (including certain U.S. branches and
territory financial institutions), a withholding foreign
partnership (WP), a withholding foreign trust (WT), or a
flow-through entity to which you make a withholdable
payment or pay a reportable amount. A flow-through entity
for purposes of chapters 3 and 4 includes a foreign
partnership (other than a WP), a foreign simple or grantor
trust (other than a WT), and, for any payments for which a
treaty benefit is claimed, any entity to the extent it is
treated as fiscally transparent under the laws of the treaty
jurisdiction, as provided in section 894 and the regulations
thereunder (without regard to whether it is fiscally
transparent under the laws of the United States). See
Section 1446 Requirements, later, for when an
intermediary, partnership or trust is required to provide a
Form W-8IMY for purposes of sections 1446(a) and (f). As
provided in Notice 2020-2, Form W-8IMY may also be
provided by an entity to claim chapter 3 status as a QSL
with respect to payments of U.S. source substitute
dividends made in 2022 and may be relied upon
regardless of whether the QSL acts as an intermediary
with respect to substitute dividends associated with the
form. You may accept a Form W-8IMY from an individual
acting as an agent or intermediary (as appropriately
amended to account for individual status), but you are not
required to obtain such form if you are able to associate
payments you make to the person(s) for whom the
individual acts.
You may accept multiple Forms W-8IMY from an
intermediary that is acting in multiple capacities (for
example, as a QI for one account but an NQI or QDD for
another account). However, a QI may provide you with a
single Form W-8IMY that covers more than one category
of QI shown on the form, provided that it properly
identifies to you the accounts and/or transactions on a
withholding statement. Thus, for example, a QI may
provide a single Form W-8IMY when acting as both an
intermediary and as a QDD with respect to payments you
make to the QI (by checking each applicable box in Part III
of the form). You may accept a single Form W-8IMY,
including a withholding statement with the required
information. For multiple branches of the entity providing
the form if the information in Part I is the same for each
branch and a separate schedule is attached that includes
all of the Part II information on each branch and sufficient
information to associate the payments with each branch
and any other required information.
The chapter 4 status of an intermediary or flow-through
entity is required on Part I of the form if the form is
associated with a withholdable payment. Part II must be
completed when a withholdable payment is made to a
branch or disregarded entity described in Part II of the
form.
Generally, for purposes of both chapters 3 and 4,
except to the extent otherwise provided in the Regulations
under section 1441 or 1471, a Form W-8IMY must be
associated with a withholding statement and withholding
certificates (or documentary evidence, where permitted)
for the beneficial owners. Generally, the withholding
statement must allocate the payment to each payee (or
pool of payees, where permitted, as described later),
provide the rate of withholding for each payee (or pool of
payees), and provide certain identification information on
each payee that is not included in a pool. See, however,
Regulations section 1.1441-1(e)(3)(iv)(C)(3) for the
allowance for a withholding agent to accept an alternative
withholding statement from an NQI (which also applies to
a flow-through entity) for purposes of chapter 3 or 4. Also
see the Instructions for Form W-8IMY for information on
the box that an NQI may check on the form when
providing an alternative withholding statement.
If you are a participating FFI or registered
deemed-compliant FFI, you may also request Form
W-8IMY from an intermediary or flow-through entity that is
an account holder to establish its chapter 4 status or
status under an applicable IGA even when no payments
subject to withholding or domestic information reporting
under chapter 61 are made to the account. In such a case,
a withholding statement is not required.
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Notes for Validating Form W-8IMY
In addition to the validation requirements for Forms
W-8IMY described directly below with respect to QIs
(including QDDs), flow-through entities, NQIs, U.S.
branches, territory financial institutions, and QSLs
providing the form (requirements that apply for chapters 3
and 4 and Form 1099 reporting), see Section 1446
Requirements, later, if you pay an amount realized or an
amount distributed by a PTP (PTP distribution) to any of
these entities, or are otherwise a partnership determining
its withholding under section 1446(a).
QIs, WPs, and WTs (in general). A QI, WP, or WT
acting in its capacity as such must provide the EIN that
was issued to the entity in such capacity (that is, its
QI-EIN, WP-EIN, or WT-EIN) on Form W-8IMY and not
any other EIN it may have in its NQI, nonwithholding
foreign partnership, or nonwithholding foreign trust
capacity. Because status as a QI, WP, or WT for a
financial institution is limited to certain classes of FFIs, if
you are making a withholdable payment to a QI, WP, or
WT that is a financial institution, you must verify that the
QI, WP, or WT certifies its status as one of the permitted
classes in Regulations sections 1.1441-1(e)(5)(ii) (for a
QI), 1.1441-5(c)(2)(ii) (for a WP), or 1.1441-5(e)(5)(v) (for
a WT) and provides its GIIN (except in the case of certain
foreign central banks of issue and retirement funds).
If a QI checks line 15f of Part III of the form to certify
that it assumes primary Form 1099 reporting and backup
withholding responsibility, you may accept the form even if
you do not know if there are any U.S. accounts receiving
reportable payments at the time of the certification. If a QI
does not check line 15f or 15g of Part III of the form, you
must confirm that the QI is not receiving payments for U.S.
accounts that are reportable on Form 1099, and the QI
must provide an updated Form W-8IMY or must provide a
withholding statement if it allocates payments to such
accounts for which it does not assume primary
withholding responsibility. A QI may check line 15i of Part
III of the form to indicate that it allocates a portion of the
payment to a chapter 4 withholding rate pool of U.S.
payees that includes account holders of another
intermediary or flow-through entity even if the withholding
statement does not show any intermediaries or
flow-through entities at the time the certification is
provided. However, a QI is not required to check line 15i
of Part III of the form until it provides a withholding
statement identifying an intermediary or flow-through
entity that receives a payment allocated to a chapter 4
withholding rate pool of U.S. payees.
QIs acting as QDDs. You should only accept a Form
W-8IMY from a QI acting as a QDD to the extent you are
making payments with respect to potential section 871(m)
transactions or underlying securities to the QDD when the
entity claims QDD status in Part III of the form. A QDD
must indicate its entity classification on line 16b of the
form. If you are making such payment that is an amount
subject to chapter 3 withholding to a QI that is acting as a
QDD and the QDD is claiming treaty benefits applicable to
the status identified on line 16b on the payment, you may
treat the Form W-8IMY as a beneficial owner withholding
certificate and provide such benefits if the QDD provides a
statement associated to the Form W-8IMY that includes
the necessary information with respect to the treaty claim
required in Part III of Form W-8BEN-E and its FTIN (when
otherwise required) on a QDD withholding statement or
separate statement. In such case, the portion of the
certificate making a claim for treaty benefits is valid until
the end of the third calendar year following the year in
which the Form W-8IMY is signed (unless a change in
circumstances occurs sooner), and the validation rules for
a treaty claim apply. A QDD may instead provide a
separate Form W-8BEN-E to make the treaty claim. You
may otherwise treat a Form W-8IMY provided by a QDD
(other than a flow-through entity or disregarded entity) as
a beneficial owner withholding certificate for establishing
foreign status of the QDD for a payment of U.S. source
FDAP income (as long as the QDD provides its FTIN
(when otherwise required) on a QDD withholding
statement or a separate statement). A QDD that is
receiving payments that it beneficially owns that are not
covered by its QI agreement should provide the
appropriate Form W-8 based on its status (and not Form
W-8IMY). The QDD must provide to you a withholding
statement to identify the home office or branch that is
treated as the owner for U.S. income tax purposes and, in
certain circumstances (described in the Instructions for
Form W-8IMY), the QDD’s FTIN (or a reasonable
explanation for why it has not been issued an FTIN, if
required). Notwithstanding the preceding sentence, a
QDD withholding statement need not identify the branch
or home office of the QDD if the form is provided only for
payments beneficially owned by the QDD (and an FTIN is
provided when required). See
Foreign TINs, earlier, for
when you must treat the form as invalid if an FTIN or
reasonable explanation is not provided.
QIs assuming withholding on payments of
substitute interest. If a QI represents its status as a QI
on a Form W-8IMY with respect to payments of interest
and substitute interest and checks line 15e of Part III of
the form, you may treat the QI as assuming withholding for
payments of interest and substitute interest it receives
from you in connection with a sale-repurchase or similar
agreement, a securities lending transaction, or collateral
that the QI holds in connection with its activities as a
dealer in securities. You may accept this representation
regardless of whether the QI represents it acts as a QDD
(by checking line 16a in Part III). The representation on
Line 15e does not apply to payments made to a QI when
acting as a QDD.
QSLs. If you make payment of a U.S. source substitute
dividend to a QSL (prior to January 1, 2023), the QSL is
required to provide its U.S. TIN. If you make a payment to
a QSL (prior to January 1, 2023) that is a withholdable
payment, you must collect a Form W-8IMY that includes
the QSL’s chapter 4 status and GIIN (as applicable) to
avoid withholding under chapter 4. A QSL that is a QI
should check line 15d of Part III of the form and a QSL that
is an NQI should check line 17d of Part IV of the form
regardless of whether the QSL acts as an intermediary.
You may not associate a Form W-8IMY from a QSL with a
payment of a substitute dividend on or after January 1,
2023, and you should obtain a revised withholding
certificate.
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For information on transition rules that apply until 2023
for withholding agents to apply with respect to QSLs, see
Notice 2020-2.
U.S. branches. If you make a payment to a U.S. branch
of a foreign bank or insurance company that represents
that it is acting as an intermediary and has agreed to be
treated as a U.S. person, for chapter 3 and 4 for payments
associated with this form (by checking line 19a in Part VI
of this form) you are not required to obtain the GIIN or
chapter 4 status of the entity, but you must obtain the U.S.
branch’s EIN. If you make a withholdable payment to a
U.S. branch of an FFI that is acting as an intermediary and
that does not agree to be treated as a U.S. person, the
branch must provide its EIN (but does not need to provide
a GIIN or chapter 4 status) and certify that the branch is
applying the rules described in Regulations section
1.1471-4(d)(2)(iii)(C) by checking the box on line 19c in
Part VI of the form. If you do not obtain the certification
from a U.S. branch described in the preceding sentence,
you must treat the branch as a nonparticipating FFI and
withhold under chapter 4 on withholdable payments made
to the branch. You are not required to treat as invalid a
Form W-8IMY from an account holder that completes Part
VI of the form (to the extent required) but does not
complete Part II of the form.
Territory financial institutions acting as intermedia-
ries. If you make a payment to a territory financial
institution acting as an intermediary, you must obtain the
territory financial institution’s EIN if it agrees to be treated
as a U.S. person for chapters 3 and 4 for payments
associated with this form (by checking line 18b of Part V of
the form). You are not required to obtain a GIIN from a
territory financial institution.
Participating FFIs and registered deemed-compliant
FFIs that are flow-through entities or acting as inter-
mediaries. If a participating FFI or registered
deemed-compliant FFI that is an intermediary or
flow-through entity provides you with a withholding
statement and documentation for its account holders or
payees, you are not required to verify the information on
the account holders or payees provided in the
documentation for chapter 4 purposes unless the
information in the documentation is facially incorrect, and
you are not required to obtain additional documentation
for an account holder or payee in addition to the
withholding certificate unless you are obtaining the
documentation for purposes of chapter 3 or 61, or unless
you know that the documentation review conducted by the
participating FFI or registered deemed-compliant FFI was
not adequate for purposes of chapter 4. See Regulations
section 1.1441-7(b)(10) for the due diligence
requirements for indirect account holders for purposes of
chapter 3 and see Regulations section 1.1471-3(e)(4)(vi)
(B) for standards that apply in such case to determine
whether chapter 4 withholding applies. You may rely on
documentation that does not include a chapter 4 status for
an account holder of an intermediary or flow-through
entity that is an FFI when the withholding statement
provided by such entity indicates that the payment is
made to an account excluded as a financial account under
Regulations section 1.1471-5(b)(2).
An intermediary or flow-through entity that is a
participating FFI or registered deemed-compliant FFI may
provide a status for chapter 4 purposes found under the
requirements of (and documentation or information that is
publicly available that determines the chapter 4 status of
the payee permitted under) an applicable IGA for an
account holder, and you may rely upon such status and
documentation, provided that you have the information
necessary to report on Form 1042-S. Additionally, see
Alternative Certifications Under an Applicable IGA, earlier,
for further details on alternative certifications.
In general, if you make a withholdable payment to an
intermediary or flow-through entity that is a participating
FFI or registered deemed-compliant FFI, the FFI may
provide an FFI withholding statement that allocates a
portion of the payment to a chapter 4 withholding rate
pool. If an intermediary provides with its Form W-8IMY an
FFI withholding statement that allocates a portion of the
payment to a chapter 4 withholding rate pool of U.S.
payees, the FFI must provide a chapter 4 status on line 5.
If the intermediary described in the preceding sentence is
an NQI, it must provide the certification required in Part IV
with respect to its compliance with the requirements of
Regulations section 1.6049-4(c)(4) (or similar
requirements under chapter 61 for a payment other than
interest). If the intermediary is a QI, it must certify that it
meets the requirements of Regulations section
1.6049-4(c)(4)(iii) and, to the extent the U.S. payees are
account holders of an intermediary or flow-through entity
receiving a payment from the QI, the QI has obtained or
will obtain documentation sufficient to establish each such
intermediary or flow-through entity status as a
participating FFI, registered deemed-compliant FFI, or FFI
that is a QI. An allocation of a payment shown on a
withholding statement and made on or after April 1, 2017,
to an NQI, nonwithholding foreign partnership, or
nonwithholding foreign trust of an amount subject to
chapter 3 withholding to a chapter 4 withholding rate pool
of U.S. payees must identify the payees consistent with
the description in Regulations section 1.1471-3(c)(3)(iii)
(B)(2)(iii) (describing account holders of an FFI that is a
non-U.S. payor that are not subject to withholding under
chapter 3 or 4 or under section 3406, and that are holders
of U.S. accounts reported by the FFI under its Foreign
Account Tax Compliance Act (FATCA) requirements as a
participating FFI or registered deemed-compliant FFI).
Section 1446 Requirements
Section 1446(a) requirements in general. You
should request Form W-8IMY for purposes of section
1446(a) only from a foreign upper-tier partnership or
foreign grantor trust or from a simple trust if you do not
obtain a Form W-8BEN-E from the trust. You may also
accept a Form W-8IMY from a foreign intermediary
holding a partnership interest for a partner (including a
partner that is an upper-tier partnership or trust) for
determining your withholding under section 1446(a).
Generally, for purposes of section 1446(a), the Form
W-8IMY submitted by these entities is used to transmit the
forms of the owners of these entities (excluding a
partnership that is a PTP and a simple trust when a Form
W-8IMY is provided). The other forms should be
accompanied with the information necessary to reliably
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associate your effectively connected partnership items
with the upper-tier partners, in the case of a foreign
upper-tier partnership, and the grantor or other owner, in
the case of a foreign grantor trust. Then you must look
through these entities to the beneficial owners when
determining your section 1446(a) tax obligation. A
domestic upper-tier partnership may also provide you this
information by attaching it to a Form W-9 with a statement
that it is electing to apply these look through rules. Under
those circumstances you may, but are not required to, pay
the section 1446(a) withholding tax of the foreign partners
of the domestic upper-tier partnership. See Regulations
section 1.1446-5.
Section 1446(a) (PTP Distributions).
Notwithstanding the preceding paragraph, for an amount
subject to section 1446(a) withholding on a PTP
distribution, you may accept a Form W-8IMY from a QI
that acts as a nominee for the distribution by checking
lines 14 and 15c. In such a case, you must treat the QI as
assuming all withholding on the distribution (that is,
amounts subject to chapters 3 and 4 withholding on the
distribution in addition to amounts subject to sections
1446(a) and (f) withholding on the distribution). You may
accept this representation regardless of whether the QI
assumes primary withholding for other payments subject
to chapters 3 and 4 withholding by checking line 15a. You
may also accept a Form W-8IMY that is associated with a
PTP distribution from any entity that represents its status
as a QI on line 14 but that does not check line 15c for
purposes of your relying on chapters 3 and 4 withholding
rate pool information provided by the QI (similar to a case
in which a QI does not assume primary withholding for
chapters 3 and 4 purposes except that each U.S. partner
must be disclosed). A QI that represents its status as a QI
on line 14 of a Form W-8IMY that is associated with a PTP
distribution may instead, however, act as a disclosing QI
for the distribution by not acting as a nominee and
providing specific payee information to you with its
withholding statement with respect to its account holders
that are partners in the PTP (and may only provide
chapter 4 withholding rate pool information when
permitted under chapter 4 for a withholdable payment).
You may not, however, rely on an allocation of a PTP
distribution made to a chapter 4 withholding rate pool of
U.S. payees (that is, each U.S. partner must be
disclosed). Regardless of whether the QI acts as a
disclosing QI, you must determine each amount subject to
withholding on the PTP distribution by reference to the
qualified notice issued for the distribution (or, if you
receive the distribution from a nominee, the nominee's
determination) rather than relying on a determination of
those amounts by the QI (to avoid withholding under the
default rule in Regulations section 1.1446-4).
If the entity checks its status as an NQI in box 17a of
Part IV, you must treat the entity as an NQI for a PTP
distribution that is associated with the form. For
determining your withholding on the distribution, you may
rely on specific payee information provided by the NQI
with respect to the partners allocated the distribution on a
withholding statement provided with the form and
chapter 4 withholding rate pool information to the extent
permitted for a QI (as described directly above), but may
not rely on that information and withholding statement for
purposes of withholding on an amount realized on the
distribution (that is, you must withhold at the 10% rate on
an amount to which section 1446(f) applies without regard
to underlying payee information).
You may also accept a Form W-8IMY that is associated
with a PTP distribution from a U.S. branch that acts as
nominee for a PTP distribution by checking line 19e. If the
U.S. branch does not act as a nominee for the distribution
by checking line 19f, you may rely on specific payee
documentation provided by the U.S. branch with the form
to the same extent described in the preceding paragraph
with respect to an NQI to which you pay a PTP
distribution. You must apply similar rules in the case of a
Form W-8IMY associated with the distribution that is
provided by a territory financial institution.
Although you may accept a Form W-8IMY that is
associated from a PTP distribution from an entity that
represents its status as a WP or WT, you may not treat the
entity as a WP or WT except for the amount of the
distribution subject to withholding under chapter 3 or 4.
For a nonwithholding partnership or trust to which you pay
a PTP distribution that checks line 21b, see
Section 1446
Requirements, earlier. See the requirements of chapters
3, 4 and section 1446(f) for when you can rely on partner,
owner or beneficiary information for amounts subject to
withholding under those provisions on a PTP distribution.
Section 1446(f) (PTP interest transfer). For
purposes of section 1446(f), you should request a Form
W-8IMY from a partner that is a foreign partnership that
transfers an interest in a partnership if you are either the
transferee of the interest (for a partnership other than a
PTP) or a broker for the partner that sells a PTP interest.
You should request the Form W-8IMY from the foreign
partnership regardless of whether the partnership
provides with the form the partner information for allowing
withholding on a modified amount realized under
Regulations section 1.1446(f)-2(c) or 1.1446(f)-4(c). See
the Instructions for Form W-8IMY for requirements
regarding a withholding statement for purposes of the
modified amount realized procedures (which requires a
withholding statement allocating gain from the transfer).
For a partner that is a foreign grantor trust, you should
request a Form W-8IMY from the trust and either a Form
W-8 or W-9 with respect to each grantor or owner of the
trust (as the grantor/owner is the transferor). Alternatively,
you may request the Form W-8 or W-9 directly from each
grantor or owner. For a partner that is a foreign simple
trust, you may request either a Form W-8IMY or
W-8BEN-E from the trust; you do not need to request a
withholding statement or underlying documentation for the
trust beneficiaries, however, as the simple trust is the
transferor and may not use the modified amount realized
procedures described earlier in this paragraph.
If you are a broker paying an amount realized from the
sale of a PTP interest to a broker that is a foreign person,
you should request a Form W-8IMY from the broker when
withholding under section 1446(f) may apply (or otherwise
obtain a Form W-9 from a U.S. broker when required). If
the foreign broker is a QI (by checking line 14), you may
accept a Form W-8IMY when the QI represents that it
assumes primary withholding for the amount realized by
checking line 15b. You may also accept a Form W-8IMY
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that is associated with an amount realized from the sale of
a PTP interest from any entity that represents its status as
a QI on line 14 that does not check line 15c for purposes
of relying on chapter 3 withholding rate pool information
provided by the QI (similar to a case in which a QI does
not assume primary withholding for a PTP distribution).
You may instead rely on specific payee information
provided by a QI that acts as a disclosing QI for an
amount realized (or a chapter 4 withholding rate pool
when permitted for chapter 4). If the foreign broker is an
NQI, you may accept a Form W-8IMY associated with an
amount realized when the NQI checks box 17a, although
you must determine your withholding under section
1446(f) without regard to whether the NQI provides
specific payee information with respect to the partners
allocated the amount. See the Instructions for Form
W-8IMY for when you may rely on payee information
provided by an NQI solely for purposes of reporting on the
payees on Form 1042-S. This same withholding
requirement (and reporting allowance) applies to a broker
that is a U.S. branch or territory financial institution that
provides a Form W-8IMY for an amount realized from the
sale of a PTP interest and does not act as a U.S. person
for the amount by checking line 19d (for a U.S. branch) or
line 18d (for a territory financial institution).
In the case of a PTP distribution, you need not
withhold under section 1446(f) in any case
described in Section 1446(a) (PTP distributions)
above (or on any other transferor) when the PTP does not
indicate on the qualified notice for the distribution an
amount that is in excess of its cumulative net income. See
Regulations section 1.1446(f)-4(c)(2). See, however,
Regulations section 1.1446-4(d)(1) for withholding
requirements when a nominee does not receive a
qualified notice or the notice does not specify an amount
included in a distribution.
Requirements for Hybrid and Reverse Hybrid
Entities
A hybrid entity is an entity that is treated as fiscally
transparent under the Code but is not treated as fiscally
transparent under the tax laws of a country with which the
United States has an income tax treaty.
If you are making a payment to a foreign hybrid entity
that is making a claim for treaty benefits on its own behalf,
the hybrid entity should provide a Form W-8BEN-E to
claim treaty benefits. If the hybrid entity is a flow-through
entity (not a disregarded entity) claiming treaty benefits on
its own behalf on a payment that is a withholdable
payment, it should also provide you a Form W-8IMY
(including its chapter 4 status) along with a withholding
statement (if required) establishing the chapter 4 status of
each of its partners or owners to determine whether
withholding applies to any portion of the payment.
Allocation information is not required on this withholding
statement unless one or more partners or owners are
subject to chapter 4 withholding. If the hybrid entity is a
disregarded entity claiming treaty benefits on a payment
that is a withholdable payment, unless the disregarded
entity is treated as the payee for chapter 4 purposes and
has its own GIIN, the single owner should provide a Form
W-8BEN-E or Form W-8BEN (as applicable) to you along
TIP
with the Form W-8BEN-E for the hybrid entity. Line 10 of
the Form W-8BEN-E may be used by the hybrid entity to
associate the Forms W-8.
A foreign reverse hybrid entity is an entity that is a
corporation for U.S. tax purposes but is fiscally
transparent under the tax laws of a country with which the
United States has an income tax treaty. If a foreign
reverse hybrid entity is receiving a payment for which the
entity is claiming a reduced rate of withholding for its
owners, you must obtain from the entity a Form W-8IMY
(including its chapter 4 status if the payment is a
withholdable payment) along with a withholding statement
and documentation for each owner for which the entity
claims treaty benefits. If a foreign reverse hybrid entity is
receiving a withholdable payment and is not claiming
treaty benefits on behalf of any of its owners, you should
obtain only a Form W-8BEN-E from the entity to establish
its chapter 4 status.
Substitute Forms W-8 for Payments
of Reportable Amounts and
Withholdable Payments
You may develop and use your own Form W-8 (a
substitute form) for chapters 3 and 4 purposes and for
section 1446(a) and (f) purposes if its content is
substantially similar to the IRS's official Form W-8 (to the
extent required by these instructions), it satisfies certain
certification requirements, and it includes a signature
under a penalties of perjury statement that is identical to
the one stated on the official form. You may develop and
use a substitute form that is in a foreign language,
provided that you make an English translation of the form
and its contents available to the IRS upon request. You
may combine multiple Forms W-8 into a single substitute
form.
A form that satisfies these substitute forms
requirements may be treated as a similar agreed form for
purposes of an applicable IGA unless the partner
jurisdiction declines such treatment.
A substitute form does not need to contain all of the
provisions contained on the official form, so long as it
contains those provisions that are relevant to the
transaction for which it is furnished. You may omit the
chapter 4 certifications on your substitute form if such
certifications are not required based on the payments
made to the payees. If you are an FFI documenting the
chapter 4 status of your account holders under your
chapter 4 requirements or an applicable IGA, however,
you may not omit the chapter 4 certifications. If you are
making a withholdable payment, you may choose to
provide a substitute form that does not include all of the
chapter 4 statuses provided on the Form W-8, but the
substitute form must include any chapter 4 status for
which withholding may apply.
You may incorporate a substitute Form W-8 into other
business forms you customarily use, such as account
signature cards, provided the required certifications are
clearly set forth. However, you may not:
Inst. for the Requester of Forms W-8 (Rev. June 2022)
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1. Use a substitute form that requires the payee, by
signing, to agree to provisions unrelated to the required
certifications; or
2. Imply that a person may be subject to 30%
withholding or backup withholding unless that person
agrees to provisions on the substitute form that are
unrelated to the required certifications.
A substitute Form W-8 is valid only if it contains the
same penalties of perjury statement and certifications as
the official forms and the required signature. However, if
the substitute form is contained in some other business
form, the words “information on this form” may be
modified to refer to that portion of the business form
containing the substitute form information. The design of
the substitute form must be such that the information and
certifications that are being attested to by the penalties of
perjury statement clearly stand out from any other
information contained in the form.
Content of Substitute Form
Substitute Form W-8BEN. The substitute Form
W-8BEN must contain all of the information required in
Part I, lines 1 through 8. The certifications in Part II must
be included in a substitute form only if treaty benefits are
claimed, and then only to the extent that the certifications
are required. For example, Form W-8BEN, line 10
(Special rates and conditions), is not required if the form is
being requested from an individual receiving a payment of
U.S. source dividends from stocks that are actively traded
on an established securities market. The substitute Form
W-8BEN must include a statement that if the person
providing the form is a resident in a FATCA partner
jurisdiction (that is, a Model 1 IGA jurisdiction with
reciprocity), certain tax account information may be
provided to the jurisdiction of residence.
The substitute form must contain the penalties of
perjury statement identical to the statement on the official
Form W-8BEN. Additionally, if the substitute form is
incorporated into other business forms, the following
statement must be presented in the same manner as the
penalties of perjury statement and must appear
immediately above the single signature line: “The Internal
Revenue Service does not require your consent to any
provisions of this document other than the certifications
required to establish your status as a non-U.S. individual
and, if applicable, obtain a reduced rate of withholding.”
Substitute Form W-8BEN-E. The substitute Form
W-8BEN-E must contain all of the information required in
Part I, lines 1 through 6, and lines 8 and 9 if a U.S. or an
FTIN or a GIIN is required. See, however, Substitute
Forms W-8 for Payments of Reportable Amounts and
Withholdable Payments, earlier, for when you may omit a
chapter 4 certification on a substitute Form W-8. The
certifications in Part II must be included in a substitute
form if you are making a withholdable payment to a
disregarded entity or a branch that must be reported in
Part II. The certifications in Part III must be included only if
treaty benefits are claimed, and then only to the extent
that the certifications are required. See
Alternative
Certifications Under an Applicable IGA, earlier, for
circumstances in which the chapter 4 certifications may
be replaced with alternative certifications.
If the substitute form is incorporated into other business
forms, the following statement must be presented in the
same manner as the penalties of perjury statement and
must appear immediately above the single signature line:
“The Internal Revenue Service does not require your
consent to any provisions of this document other than the
certifications required to establish your status as a
non-U.S. person, establish your chapter 4 status (if
required), and, if applicable, obtain a reduced rate of
withholding.”
Substitute Form W-8ECI. The substitute Form W-8ECI
must contain all of the information required in Part I other
than line 9. The certifications in Part II of Form W-8ECI
must be included in a substitute form.
If the substitute form is incorporated into other business
forms, the following statement must be presented in the
same manner as the penalties of perjury statement and
must appear immediately above the single signature line:
“The Internal Revenue Service does not require your
consent to any provisions of this document other than the
certifications required to establish your status as a
non-U.S. person and that the income for which this form is
provided is effectively connected with the conduct of a
trade or business within the United States.”
Substitute Form W-8EXP. The substitute Form W-8EXP
must contain all of the information required in Part I, lines
1 through 5, line 7 (if a U.S. TIN is required), and line 8.
See, however,
Substitute Forms W-8 for Payments of
Reportable Amounts and Withholdable Payments, earlier,
for when you may omit a chapter 4 certification on a
substitute Form W-8. The substitute Form W-8EXP must
also contain all of the statements and certifications
contained in Parts II and III, as applicable, with respect to
the purpose for which the form is provided, but a specific
statement or certification needs to be included (in its
entirety) only if it is relevant to the type of entity providing
the form. For example, if a withholding agent is
documenting a beneficial owner that is a foreign
government for purposes of both chapters 3 and 4, the
withholding agent may use a substitute Form W-8EXP
that contains the required information in Part I, plus the
required statements and certifications from Parts II and III
that are related to foreign governments, and does not
need to include the statements and certifications for other
types of entities that would otherwise be providing the
Form W-8EXP.
If the substitute form is incorporated into other business
forms, the following statement must be presented in the
same manner as the penalties of perjury statement and
must appear immediately above the single signature line:
“The Internal Revenue Service does not require your
consent to any provisions of this document other than the
certifications required to establish your status as a foreign
government, international organization, foreign central
bank of issue, foreign tax-exempt organization, foreign
private foundation, or government of a U.S. possession,
and your chapter 4 status (if required).”
Substitute Form W-8IMY. The substitute Form W-8IMY
must contain all of the information required in Part I, lines
1 through 6, line 8 (if a U.S. TIN is required), and line 9 (if
a GIIN is required). See, however,
Substitute Forms W-8
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Inst. for the Requester of Forms W-8 (Rev. June 2022)
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for Payments of Reportable Amounts and Withholdable
Payments, earlier, for when you may omit a chapter 4
certification on a substitute Form W-8. The information
required in Part II must be included in a substitute form if
you are making a withholdable payment to a disregarded
entity that has its own GIIN or a branch (including a
branch that is a disregarded entity that does not have its
own GIIN) operating in a jurisdiction other than the
jurisdiction of residence of the entity named in Part I of the
form. The substitute Form W-8IMY must also contain all of
the statements and certifications relevant to chapter 3
contained in Parts III through VIII if you are making a
payment subject to withholding under chapter 3 and the
statements and certifications relevant to the chapter 4
status contained in Parts IX through XXVIII for the
intermediary or flow-through entity providing the form if
you are making a withholdable payment or if you are an
FFI documenting your account holders for purposes of
chapter 4 or an applicable IGA. For example, if the only
intermediaries to which a U.S. withholding agent makes
payments are QIs that are participating FFIs, the
withholding agent may use a substitute Form W-8IMY that
contains only the required information from Part I
(including line 9 to collect the intermediaries’ GIINs), plus
the statements and certifications from Part III. A substitute
Form W-8IMY must also incorporate the same
attachments as the official form (such as a withholding
statement and beneficial owner documentation, to the
extent otherwise required). You may also include any
information on a substitute Form W-8IMY, or require any
information to be associated with the form, that is
reasonably related to your obligation to withhold and
correctly report payments.
If the substitute form is incorporated into other business
forms, the following statement must be presented in the
same manner as the penalties of perjury statement and
must appear immediately above the single signature line:
“The Internal Revenue Service does not require your
consent to any provisions of this document other than the
certifications required to establish: (1) your status as a QI,
an NQI, a specific type of U.S. branch, a withholding
foreign partnership, a withholding foreign trust, a
nonwithholding foreign partnership, a nonwithholding
foreign simple trust, or a nonwithholding foreign grantor
trust; (2) your chapter 4 status; and/or (3) your status as a
QSL (for the period such status is permitted).”
Non-IRS Form for Individuals Not Receiving
Reportable Amounts
If you are an FFI documenting an account holder that is an
individual and you are not making a payment of a
reportable amount to such account holder, you may use a
non-IRS form rather than a substitute Form W-8BEN. The
form must include the name and address of the individual
that is the payee or beneficial owner; all countries in which
the individual is resident for tax purposes; the individual’s
country of birth; a TIN, if any, for each country of
residence; and the individual’s date of birth. The form may
also request other information required for purposes of tax
or anti-money laundering (AML) due diligence in the
United States or in other countries. A form that satisfies
these requirements may be treated as a similar agreed
form for purposes of an applicable IGA unless the partner
jurisdiction declines such treatment.
Generally, a non-IRS form for individuals must contain
a signed and dated certification made under penalties of
perjury that the information provided on the form is
accurate and will be updated by the individual within 30
days of a change in circumstances that causes the form to
become incorrect. However, the signed certification
provided on a form need not be signed under penalties of
perjury if the form is accompanied by documentary
evidence that supports the individual’s claim of foreign
status. Such documentary evidence may be the same
documentary evidence that is used to support foreign
status in the case of a payee whose account has U.S.
indicia as described in Regulations sections 1.1471-3(e)
and 1.1471-4(c)(4)(i)(A).
Inst. for the Requester of Forms W-8 (Rev. June 2022)
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Form W-8BEN
(Rev. October 2021)
Department of the Treasury
Internal Revenue Service
Certificate of Foreign Status of Beneficial Owner for United
States Tax Withholding and Reporting (Individuals)
▶
For use by individuals. Entities must use Form W-8BEN-E.
▶
Go to www.irs.gov/FormW8BEN for instructions and the latest information.
▶
Give this form to the withholding agent or payer. Do not send to the IRS.
OMB No. 1545-1621
Do NOT use this form if: Instead, use Form:
• You are NOT an individual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8BEN-E
• You are a U.S. citizen or other U.S. person, including a resident alien individual . . . . . . . . . . . . . . . . . . . W-9
• You are a beneficial owner claiming that income is effectively connected with the conduct of trade or business within the United States
(other than personal services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8ECI
• You are a beneficial owner who is receiving compensation for personal services performed in the United States . . . . . . . 8233 or W-4
• You are a person acting as an intermediary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8IMY
Note: If you are resident in a FATCA partner jurisdiction (that is, a Model 1 IGA jurisdiction with reciprocity), certain tax account information may be
provided to your jurisdiction of residence.
Part I Identification of Beneficial Owner (see instructions)
1 Name of individual who is the beneficial owner 2 Country of citizenship
3 Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address.
City or town, state or province. Include postal code where appropriate. Country
4 Mailing address (if different from above)
City or town, state or province. Include postal code where appropriate. Country
5 U.S. taxpayer identification number (SSN or ITIN), if required (see instructions)
6a Foreign tax identifying number (see instructions)
6b Check if FTIN not legally required . . . . . . . . . . .
7 Reference number(s) (see instructions)
8 Date of birth (MM-DD-YYYY) (see instructions)
Part II Claim of Tax Treaty Benefits (for chapter 3 purposes only) (see instructions)
9
I certify that the beneficial owner is a resident of
within the meaning of the income tax
treaty between the United States and that country.
10
Special rates and conditions (if applicable—see instructions): The beneficial owner is claiming the provisions of Article and paragraph
of the treaty identified on line 9 above to claim a
% rate of withholding on (specify type of income):
.
Explain the additional conditions in the Article and paragraph the beneficial owner meets to be eligible for the rate of withholding:
Part III Certification
Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete. I further certify under penalties of perjury that:
• I am the individual that is the beneficial owner (or am authorized to sign for the individual that is the beneficial owner) of all the income or proceeds to which this form
relates or am using this form to document myself for chapter 4 purposes;
• The person named on line 1 of this form is not a U.S. person;
• This form relates to:
(a) income not effectively connected with the conduct of a trade or business in the United States;
(b) income effectively connected with the conduct of a trade or business in the United States but is not subject to tax under an applicable income tax treaty;
(c) the partner’s share of a partnership’s effectively connected taxable income; or
(d) the partner’s amount realized from the transfer of a partnership interest subject to withholding under section 1446(f);
•
The person named on line 1 of this form is a resident of the treaty country listed on line 9 of the form (if any) within the meaning of the income tax treaty between the United States and that country; and
• For broker transactions or barter exchanges, the beneficial owner is an exempt foreign person as defined in the instructions.
Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the income of which I am the beneficial owner or any withholding agent that can
disburse or make payments of the income of which I am the beneficial owner. I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect.
Sign Here
▲
I certify that I have the capacity to sign for the person identified on line 1 of this form.
Signature of beneficial owner (or individual authorized to sign for beneficial owner)
Date (MM-DD-YYYY)
Print name of signer
For Paperwork Reduction Act Notice, see separate instructions.
Cat. No. 25047Z
Form W-8BEN (Rev. 10-2021)
This page is blank (do not print)
Form W-8ECI
(Rev. October 2021)
Certificate of Foreign Person's Claim That Income Is Effectively
Connected With the Conduct of a Trade or Business in the United States
Department of the Treasury
Internal Revenue Service
▶
Section references are to the Internal Revenue Code.
▶
Go to www.irs.gov/FormW8ECI for instructions and the latest information.
▶
Give this form to the withholding agent or payer. Do not send to the IRS.
OMB No. 1545-1621
Note: Persons submitting this form must file an annual U.S. income tax return to report income claimed to be effectively connected with a U.S. trade or business. See instructions.
Do not use this form for: Instead, use Form:
• A beneficial owner solely claiming foreign status or treaty benefits . . . . . . . . . . . . . . . . . W-8BEN or W-8BEN-E
• A foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private
foundation, or government of a U.S. possession claiming the applicability of section(s) 115(2), 501(c), 892, 895, or 1443(b) . . . .
W-8EXP
Note: These entities should use Form W-8ECI if they received effectively connected income and are not eligible to claim an exemption for chapter 3
or 4 purposes on Form W-8EXP.
• A foreign partnership or a foreign trust (unless claiming an exemption from U.S. withholding on income effectively connected with the
conduct of a trade or business in the United States) . . . . . . . . . . . . . . . . . . . . .
W-8BEN-E or W-8IMY
• A person acting as an intermediary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8IMY
Note: See instructions for additional exceptions.
Part I Identification of Beneficial Owner (see instructions)
1 Name of individual or organization that is the beneficial owner 2 Country of incorporation or organization
3 Name of disregarded entity receiving the payments (if applicable)
4 Type of entity (check the appropriate box):
Partnership
Foreign Government - Controlled Entity
Foreign Government - Integral Part
Private foundation
Simple trust
Grantor trust
International organization
Individual
Complex trust
Central bank of issue
Corporation
Estate
Tax-exempt organization
5 Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address.
City or town, state or province. Include postal code where appropriate. Country
6 Business address in the United States (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address.
City or town, state, and ZIP code
7 U.S. taxpayer identification number (required—see instructions) SSN or ITIN EIN
8 a
Foreign tax identifying number (FTIN)
8 b
Check if FTIN not legally required . . . . . . . . . . .
9 Reference number(s) (see instructions) 10 Date of birth (MM-DD-YYYY)
11
Specify each item of income that is, or is expected to be, received from the payer that is effectively connected with the conduct of a trade or
business in the United States (attach statement if necessary).
12
Check here to certify that: you are a dealer in securities (as defined in section 475(c)(1)); you are a transferor of an interest in a publicly traded partnership
(PTP) claiming an exception from withholding under Regulations section 1.1446(f)-4(b)(6); and any gain from the transfer of the PTP interest associated
with this form is effectively connected with the conduct of a trade or business within the United States without regard to section 864(c)(8
). . . .
Part II
Certification
Sign
Here
Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and
complete. I further certify under penalties of perjury that:
• I am the beneficial owner (or I am authorized to sign for the beneficial owner) of all the payments to which this form relates,
• The amounts for which this certification is provided are effectively connected with the conduct of a trade or business in the United States,
• The income for which this form was provided is includible in my gross income (or the beneficial owner’s gross income) for the taxable year, and
• The beneficial owner is not a U.S. person.
Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the payments of which I am the
beneficial owner or any withholding agent that can disburse or make payments of the amounts of which I am the beneficial owner.
I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect.
I certify that I have the capacity to sign for the person identified on line 1 of this form.
Signature of beneficial owner (or individual authorized to sign for the beneficial owner)
Print name
Date (MM-DD-YYYY)
For Paperwork Reduction Act Notice, see separate instructions.
Cat. No. 25045D
Form W-8ECI (Rev. 10-2021)
This page is blank (do not print)
Form W-8BEN-E
(Rev. October 2021)
Department of the Treasury
Internal Revenue Service
Certificate of Status of Beneficial Owner for
United States Tax Withholding and Reporting (Entities)
▶
For use by entities. Individuals must use Form W-8BEN.
▶
Section references are to the Internal Revenue Code.
▶
Go to www.irs.gov/FormW8BENE for instructions and the latest information.
▶
Give this form to the withholding agent or payer. Do not send to the IRS.
OMB No. 1545-1621
Do NOT use this form for:
Instead use Form:
• U.S. entity or U.S. citizen or resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-9
• A foreign individual . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8BEN (Individual) or Form 8233
• A foreign individual or entity claiming that income is effectively connected with the conduct of trade or business within the United States
(unless claiming treaty benefits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8ECI
• A foreign partnership, a foreign simple trust, or a foreign grantor trust (unless claiming treaty benefits) (see instructions for exceptions) . . W-8IMY
• A foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or
government of a U.S. possession claiming that income is effectively connected U.S. income or that is claiming the applicability of section(s) 115(2),
501(c), 892, 895, or 1443(b) (unless claiming treaty benefits) (see instructions for other exceptions) . . . . . . . . .
W-8ECI or W-8EXP
• Any person acting as an intermediary (including a qualified intermediary acting as a qualified derivatives dealer) . . . . . . . . . W-8IMY
Part I Identification of Beneficial Owner
1 Name of organization that is the beneficial owner 2 Country of incorporation or organization
3 Name of disregarded entity receiving the payment (if applicable, see instructions)
4 Chapter 3 Status (entity type) (Must check one box only):
Corporation Partnership
Simple trust
Tax-exempt organization
Complex trust Foreign Government - Controlled Entity
Central Bank of Issue Private foundation Estate Foreign Government - Integral Part
Grantor trust Disregarded entity International organization
If you entered disregarded entity, partnership, simple trust, or grantor trust above, is the entity a hybrid making a treaty claim? If “Yes,” complete Part III.
Yes No
5 Chapter 4 Status (FATCA status) (See instructions for details and complete the certification below for the entity's applicable status.)
Nonparticipating FFI (including an FFI related to a Reporting IGA
FFI other than a deemed-compliant FFI, participating FFI, or
exempt beneficial owner).
Participating FFI.
Reporting Model 1 FFI.
Reporting Model 2 FFI.
Registered deemed-compliant FFI (other than a reporting Model 1
FFI, sponsored FFI, or nonreporting IGA FFI covered in Part XII).
See instructions.
Sponsored FFI. Complete Part IV.
Certified deemed-compliant nonregistering local bank. Complete
Part V.
Certified deemed-compliant FFI with only low-value accounts.
Complete Part VI.
Certified deemed-compliant sponsored, closely held investment
vehicle. Complete Part VII.
Certified deemed-compliant limited life debt investment entity.
Complete Part VIII.
Certain investment entities that do not maintain financial accounts.
Complete Part IX.
Owner-documented FFI. Complete Part X.
Restricted distributor. Complete Part XI.
Nonreporting IGA FFI. Complete Part XII.
Foreign government, government of a U.S. possession, or foreign
central bank of issue. Complete Part XIII.
International organization. Complete Part XIV.
Exempt retirement plans. Complete Part XV.
Entity wholly owned by exempt beneficial owners. Complete Part XVI.
Territory financial institution. Complete Part XVII.
Excepted nonfinancial group entity. Complete Part XVIII.
Excepted nonfinancial start-up company. Complete Part XIX.
Excepted nonfinancial entity in liquidation or bankruptcy.
Complete Part XX.
501(c) organization. Complete Part XXI.
Nonprofit organization. Complete Part XXII.
Publicly traded NFFE or NFFE affiliate of a publicly traded
corporation. Complete Part XXIII.
Excepted territory NFFE. Complete Part XXIV.
Active NFFE. Complete Part XXV.
Passive NFFE. Complete Part XXVI.
Excepted inter-affiliate FFI. Complete Part XXVII.
Direct reporting NFFE.
Sponsored direct reporting NFFE. Complete Part XXVIII.
Account that is not a financial account.
6
Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address).
City or town, state or province. Include postal code where appropriate.
Country
7 Mailing address (if different from above)
City or town, state or province. Include postal code where appropriate. Country
For Paperwork Reduction Act Notice, see separate instructions.
Cat. No. 59689N
Form W-8BEN-E (Rev. 10-2021)
Form W-8BEN-E (Rev. 10-2021)
Page 2
Part I Identification of Beneficial Owner (continued)
8
U.S. taxpayer identification number (TIN), if required
9a
GIIN b Foreign TIN
c
Check if FTIN not legally required . . . . . .
▶
10
Reference number(s) (see instructions)
Note: Please complete remainder of the form including signing the form in Part XXX.
Part II
Disregarded Entity or Branch Receiving Payment. (Complete only if a disregarded entity with a GIIN or a
branch of an FFI in a country other than the FFI’s country of residence. See instructions.)
11 Chapter 4 Status (FATCA status) of disregarded entity or branch receiving payment
Branch treated as nonparticipating FFI.
Participating FFI.
Reporting Model 1 FFI.
Reporting Model 2 FFI.
U.S. Branch.
12 Address of disregarded entity or branch (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a
registered address).
City or town, state or province. Include postal code where appropriate.
Country
13
GIIN (if any)
Part III Claim of Tax Treaty Benefits (if applicable). (For chapter 3 purposes only.)
14 I certify that (check all that apply):
a
The beneficial owner is a resident of
within the meaning of the income tax
treaty between the United States and that country.
b
The beneficial owner derives the item (or items) of income for which the treaty benefits are claimed, and, if applicable, meets the
requirements of the treaty provision dealing with limitation on benefits. The following are types of limitation on benefits provisions that may
be included in an applicable tax treaty (check only one; see instructions):
Government
Tax-exempt pension trust or pension fund
Other tax-exempt organization
Publicly traded corporation
Subsidiary of a publicly traded corporation
Company that meets the ownership and base erosion test
Company that meets the derivative benefits test
Company with an item of income that meets active trade or business test
Favorable discretionary determination by the U.S. competent authority received
No LOB article in treaty
Other (specify Article and paragraph):
c
The beneficial owner is claiming treaty benefits for U.S. source dividends received from a foreign corporation or interest from a U.S. trade
or business of a foreign corporation and meets qualified resident status (see instructions).
15
Special rates and conditions (if applicable—see instructions):
The beneficial owner is claiming the provisions of Article and paragraph
of the treaty identified on line 14a above to claim a
% rate of withholding on (specify type of income):
Explain the additional conditions in the Article the beneficial owner meets to be eligible for the rate of withholding:
Part IV Sponsored FFI
16 Name of sponsoring entity:
17 Check whichever box applies.
I certify that the entity identified in Part I:
• Is an investment entity;
• Is not a QI, WP (except to the extent permitted in the withholding foreign partnership agreement), or WT; and
• Has agreed with the entity identified above (that is not a nonparticipating FFI) to act as the sponsoring entity for this entity.
I certify that the entity identified in Part I:
• Is a controlled foreign corporation as defined in section 957(a);
• Is not a QI, WP, or WT;
•
Is wholly owned, directly or indirectly, by the U.S. financial institution identified above that agrees to act as the sponsoring entity for this entity; and
•
Shares a common electronic account system with the sponsoring entity (identified above) that enables the sponsoring entity to identify all
account holders and payees of the entity and to access all account and customer information maintained by the entity including, but not limited
to, customer identification information, customer documentation, account balance, and all payments made to account holders or payees.
Form W-8BEN-E (Rev. 10-2021)
Form W-8BEN-E (Rev. 10-2021)
Page 3
Part V Certified Deemed-Compliant Nonregistering Local Bank
18
I certify that the FFI identified in Part I:
• Operates and is licensed solely as a bank or credit union (or similar cooperative credit organization operated without profit) in its country of
incorporation or organization;
• Engages primarily in the business of receiving deposits from and making loans to, with respect to a bank, retail customers unrelated to such
bank and, with respect to a credit union or similar cooperative credit organization, members, provided that no member has a greater than 5%
interest in such credit union or cooperative credit organization;
• Does not solicit account holders outside its country of organization;
• Has no fixed place of business outside such country (for this purpose, a fixed place of business does not include a location that is not
advertised to the public and from which the FFI performs solely administrative support functions);
• Has no more than $175 million in assets on its balance sheet and, if it is a member of an expanded affiliated group, the group has no more
than $500 million in total assets on its consolidated or combined balance sheets; and
• Does not have any member of its expanded affiliated group that is a foreign financial institution, other than a foreign financial institution that
is incorporated or organized in the same country as the FFI identified in Part I and that meets the requirements set forth in this part.
Part VI Certified Deemed-Compliant FFI with Only Low-Value Accounts
19 I certify that the FFI identified in Part I:
• Is not engaged primarily in the business of investing, reinvesting, or trading in securities, partnership interests, commodities, notional
principal contracts, insurance or annuity contracts, or any interest (including a futures or forward contract or option) in such security,
partnership interest, commodity, notional principal contract, insurance contract or annuity contract;
• No financial account maintained by the FFI or any member of its expanded affiliated group, if any, has a balance or value in excess of
$50,000 (as determined after applying applicable account aggregation rules); and
• Neither the FFI nor the entire expanded affiliated group, if any, of the FFI, have more than $50 million in assets on its consolidated or
combined balance sheet as of the end of its most recent accounting year.
Part VII Certified Deemed-Compliant Sponsored, Closely Held Investment Vehicle
20 Name of sponsoring entity:
21
I certify that the entity identified in Part I:
• Is an FFI solely because it is an investment entity described in Regulations section 1.1471-5(e)(4);
• Is not a QI, WP, or WT;
• Will have all of its due diligence, withholding, and reporting responsibilities (determined as if the FFI were a participating FFI) fulfilled by the
sponsoring entity identified on line 20; and
• 20 or fewer individuals own all of the debt and equity interests in the entity (disregarding debt interests owned by U.S. financial institutions,
participating FFIs, registered deemed-compliant FFIs, and certified deemed-compliant FFIs and equity interests owned by an entity if that
entity owns 100% of the equity interests in the FFI and is itself a sponsored FFI).
Part VIII Certified Deemed-Compliant Limited Life Debt Investment Entity
22 I certify that the entity identified in Part I:
• Was in existence as of January 17, 2013
;
•
Issued all classes of its debt or equity interests to investors on or before January 17, 2013, pursuant to a trust indenture or similar agreement; and
• Is certified deemed-compliant because it satisfies the requirements to be treated as a limited life debt investment entity (such as the
restrictions with respect to its assets and other requirements under Regulations section 1.1471-5(f)(2)(iv)).
Part IX Certain Investment Entities that Do Not Maintain Financial Accounts
23 I certify that the entity identified in Part I:
• Is a financial institution solely because it is an investment entity described in Regulations section 1.1471-5(e)(4)(i)(A), and
• Does not maintain financial accounts.
Part X Owner-Documented FFI
Note: This status only applies if the U.S. financial institution, participating FFI, or reporting Model 1 FFI to which this form is given has agreed that it will
treat the FFI as an owner-documented FFI (see instructions for eligibility requirements). In addition, the FFI must make the certifications below.
24a
(All owner-documented FFIs check here) I certify that the FFI identified in Part I:
• Does not act as an intermediary;
• Does not accept deposits in the ordinary course of a banking or similar business;
• Does not hold, as a substantial portion of its business, financial assets for the account of others;
• Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to
a financial account;
• Is not owned by or in an expanded affiliated group with an entity that accepts deposits in the ordinary course of a banking or similar
business, holds, as a substantial portion of its business, financial assets for the account of others, or is an insurance company (or the holding
company of an insurance company) that issues or is obligated to make payments with respect to a financial account;
• Does not maintain a financial account for any nonparticipating FFI; and
• Does not have any specified U.S. persons that own an equity interest or debt interest (other than a debt interest that is not a financial
account or that has a balance or value not exceeding $50,000) in the FFI other than those identified on the FFI owner reporting statement.
Form W-8BEN-E (Rev. 10-2021)
Form W-8BEN-E (Rev. 10-2021)
Page 4
Part X Owner-Documented FFI (continued)
Check box 24b or 24c, whichever applies.
b
I certify that the FFI identified in Part I:
• Has provided, or will provide, an FFI owner reporting statement that contains:
(i)
The name, address, TIN (if any), chapter 4 status, and type of documentation provided (if required) of every individual and specified
U.S. person that owns a direct or indirect equity interest in the owner-documented FFI (looking through all entities other than specified
U.S. persons);
(ii)
The name, address, TIN (if any), and chapter 4 status of every individual and specified U.S. person that owns a debt interest in the
owner-documented FFI (including any indirect debt interest, which includes debt interests in any entity that directly or indirectly owns
the payee or any direct or indirect equity interest in a debt holder of the payee) that constitutes a financial account in excess of
$50,000 (disregarding all such debt interests owned by participating FFIs, registered deemed-compliant FFIs, certified deemed-
compliant FFIs, excepted NFFEs, exempt beneficial owners, or U.S. persons other than specified U.S. persons); and
(iii)
Any additional information the withholding agent requests in order to fulfill its obligations with respect to the entity.
• Has provided, or will provide, valid documentation meeting the requirements of Regulations section 1.1471-3(d)(6)(iii) for each person
identified in the FFI owner reporting statement.
c
I certify that the FFI identified in Part I has provided, or will provide, an auditor's letter, signed within 4 years of the date of payment,
from an independent accounting firm or legal representative with a location in the United States stating that the firm or representative has
reviewed the FFI’s documentation with respect to all of its owners and debt holders identified in Regulations section 1.1471-3(d)(6)(iv)(A)(2),
and that the FFI meets all the requirements to be an owner-documented FFI. The FFI identified in Part I has also provided, or will provide,
an FFI owner reporting statement of its owners that are specified U.S. persons and Form(s) W-9, with applicable waivers.
Check box 24d if applicable (optional, see instructions).
d
I certify that the entity identified on line 1 is a trust that does not have any contingent beneficiaries or designated classes with unidentified
beneficiaries.
Part XI Restricted Distributor
25a (All restricted distributors check here) I certify that the entity identified in Part I:
• Operates as a distributor with respect to debt or equity interests of the restricted fund with respect to which this form is furnished;
• Provides investment services to at least 30 customers unrelated to each other and less than half of its customers are related to each other;
• Is required to perform AML due diligence procedures under the anti-money laundering laws of its country of organization (which is an FATF-
compliant jurisdiction);
• Operates solely in its country of incorporation or organization, has no fixed place of business outside of that country, and has the same
country of incorporation or organization as all members of its affiliated group, if any;
• Does not solicit customers outside its country of incorporation or organization;
• Has no more than $175 million in total assets under management and no more than $7 million in gross revenue on its income statement for
the most recent accounting year;
• Is not a member of an expanded affiliated group that has more than $500 million in total assets under management or more than $20 million
in gross revenue for its most recent accounting year on a combined or consolidated income statement; and
• Does not distribute any debt or securities of the restricted fund to specified U.S. persons, passive NFFEs with one or more substantial U.S.
owners, or nonparticipating FFIs.
Check box 25b or 25c, whichever applies.
I further certify that with respect to all sales of debt or equity interests in the restricted fund with respect to which this form is furnished that are made
after December 31, 2011, the entity identified in Part I:
b
Has been bound by a distribution agreement that contained a general prohibition on the sale of debt or securities to U.S. entities and U.S.
resident individuals and is currently bound by a distribution agreement that contains a prohibition of the sale of debt or securities to any
specified U.S. person, passive NFFE with one or more substantial U.S. owners, or nonparticipating FFI.
c
Is currently bound by a distribution agreement that contains a prohibition on the sale of debt or securities to any specified U.S. person,
passive NFFE with one or more substantial U.S. owners, or nonparticipating FFI and, for all sales made prior to the time that such a
restriction was included in its distribution agreement, has reviewed all accounts related to such sales in accordance with the procedures
identified in Regulations section 1.1471-4(c) applicable to preexisting accounts and has redeemed or retired any, or caused the restricted
fund to transfer the securities to a distributor that is a participating FFI or reporting Model 1 FFI securities which were sold to specified U.S.
persons, passive NFFEs with one or more substantial U.S. owners, or nonparticipating FFIs.
Form W-8BEN-E (Rev. 10-2021)
Form W-8BEN-E (Rev. 10-2021)
Page 5
Part XII Nonreporting IGA FFI
26 I certify that the entity identified in Part I:
• Meets the requirements to be considered a nonreporting financial institution pursuant to an applicable IGA between the United States and
. The applicable IGA is a Model 1 IGA or a Model 2 IGA; and
is treated as a under the provisions of the applicable IGA or Treasury regulations
(if applicable, see instructions);
•
If you are a trustee documented trust or a sponsored entity, provide the name of the trustee or sponsor
.
The trustee is:
U.S. Foreign
Part XIII Foreign Government, Government of a U.S. Possession, or Foreign Central Bank of Issue
27
I certify that the entity identified in Part I is the beneficial owner of the payment, and is not engaged in commercial financial activities of a
type engaged in by an insurance company, custodial institution, or depository institution with respect to the payments, accounts, or
obligations for which this form is submitted (except as permitted in Regulations section 1.1471-6(h)(2)).
Part XIV International Organization
Check box 28a or 28b, whichever applies.
28a
I certify that the entity identified in Part I is an international organization described in section 7701(a)(18).
b
I certify that the entity identified in Part I:
• Is comprised primarily of foreign governments;
• Is recognized as an intergovernmental or supranational organization under a foreign law similar to the International Organizations Immunities
Act or that has in effect a headquarters agreement with a foreign government;
• The benefit of the entity’s income does not inure to any private person; and
• Is the beneficial owner of the payment and is not engaged in commercial financial activities of a type engaged in by an insurance company,
custodial institution, or depository institution with respect to the payments, accounts, or obligations for which this form is submitted (except as
permitted in Regulations section 1.1471-6(h)(2)).
Part XV Exempt Retirement Plans
Check box 29a, b, c, d, e, or f, whichever applies.
29a
I certify that the entity identified in Part I:
• Is established in a country with which the United States has an income tax treaty in force (see Part III if claiming treaty benefits);
• Is operated principally to administer or provide pension or retirement benefits; and
• Is entitled to treaty benefits on income that the fund derives from U.S. sources (or would be entitled to benefits if it derived any such income)
as a resident of the other country which satisfies any applicable limitation on benefits requirement.
b
I certify that the entity identified in Part I:
• Is organized for the provision of retirement, disability, or death benefits (or any combination thereof) to beneficiaries that are former
employees of one or more employers in consideration for services rendered;
• No single beneficiary has a right to more than 5% of the FFI’s assets;
• Is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the
country in which the fund is established or operated; and
(i)
Is generally exempt from tax on investment income under the laws of the country in which it is established or operates due to its status
as a retirement or pension plan;
(ii)
Receives at least 50% of its total contributions from sponsoring employers (disregarding transfers of assets from other plans described
in this part, retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, other retirement funds described in
an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A));
(iii)
Either does not permit or penalizes distributions or withdrawals made before the occurrence of specified events related to retirement,
disability, or death (except rollover distributions to accounts described in Regulations section 1.1471-5(b)(2)(i)(A) (referring to retirement
and pension accounts), to retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, or to other retirement
funds described in this part or in an applicable Model 1 or Model 2 IGA); or
(iv)
Limits contributions by employees to the fund by reference to earned income of the employee or may not exceed $50,000 annually.
c
I certify that the entity identified in Part I:
• Is organized for the provision of retirement, disability, or death benefits (or any combination thereof) to beneficiaries that are former
employees of one or more employers in consideration for services rendered;
• Has fewer than 50 participants;
• Is sponsored by one or more employers each of which is not an investment entity or passive NFFE;
• Employee and employer contributions to the fund (disregarding transfers of assets from other plans described in this part, retirement and
pension accounts described in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A)) are
limited by reference to earned income and compensation of the employee, respectively;
•
Participants that are not residents of the country in which the fund is established or operated are not entitled to more than 20% of the fund’s assets; and
• Is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the
country in which the fund is established or operates.
Form W-8BEN-E (Rev. 10-2021)
Form W-8BEN-E (Rev. 10-2021)
Page 6
Part XV Exempt Retirement Plans (continued)
d I certify that the entity identified in Part I is formed pursuant to a pension plan that would meet the requirements of section 401(a), other
than the requirement that the plan be funded by a trust created or organized in the United States.
e
I certify that the entity identified in Part I is established exclusively to earn income for the benefit of one or more retirement funds
described in this part or in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A) (referring to
retirement and pension accounts), or retirement and pension accounts described in an applicable Model 1 or Model 2 IGA.
f I certify that the entity identified in Part I:
• Is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S. possession
(each as defined in Regulations section 1.1471-6) or an exempt beneficial owner described in an applicable Model 1 or Model 2 IGA to provide
retirement, disability, or death benefits to beneficiaries or participants that are current or former employees of the sponsor (or persons
designated by such employees); or
• Is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S. possession
(each as defined in Regulations section 1.1471-6) or an exempt beneficial owner described in an applicable Model 1 or Model 2 IGA to provide
retirement, disability, or death benefits to beneficiaries or participants that are not current or former employees of such sponsor, but are in
consideration of personal services performed for the sponsor.
Part XVI Entity Wholly Owned by Exempt Beneficial Owners
30 I certify that the entity identified in Part I:
• Is an FFI solely because it is an investment entity;
• Each direct holder of an equity interest in the investment entity is an exempt beneficial owner described in Regulations section 1.1471-6 or in
an applicable Model 1 or Model 2 IGA;
• Each direct holder of a debt interest in the investment entity is either a depository institution (with respect to a loan made to such entity) or an
exempt beneficial owner described in Regulations section 1.1471-6 or an applicable Model 1 or Model 2 IGA.
• Has provided an owner reporting statement that contains the name, address, TIN (if any), chapter 4 status, and a description of the type of
documentation provided to the withholding agent for every person that owns a debt interest constituting a financial account or direct equity
interest in the entity; and
• Has provided documentation establishing that every owner of the entity is an entity described in Regulations section 1.1471-6(b), (c), (d), (e),
(f) and/or (g) without regard to whether such owners are beneficial owners.
Part XVII
Territory Financial Institution
31 I certify that the entity identified in Part I is a financial institution (other than an investment entity) that is incorporated or organized under
the laws of a possession of the United States.
Part XVIII
Excepted Nonfinancial Group Entity
32 I certify that the entity identified in Part I:
• Is a holding company, treasury center, or captive finance company and substantially all of the entity’s activities are functions described in
Regulations section 1.1471-5(e)(5)(i)(C) through (E);
• Is a member of a nonfinancial group described in Regulations section 1.1471-5(e)(5)(i)(B);
• Is not a depository or custodial institution (other than for members of the entity’s expanded affiliated group); and
• Does not function (or hold itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or any
investment vehicle with an investment strategy to acquire or fund companies and then hold interests in those companies as capital assets for
investment purposes.
Part XIX
Excepted Nonfinancial Start-Up Company
33 I certify that the entity identified in Part I:
• Was formed on (or, in the case of a new line of business, the date of board resolution approving the new line of business)
(date must be less than 24 months prior to date of payment);
• Is not yet operating a business and has no prior operating history or is investing capital in assets with the intent to operate a new line of
business other than that of a financial institution or passive NFFE;
• Is investing capital into assets with the intent to operate a business other than that of a financial institution; and
• Does not function (or hold itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or any
investment vehicle whose purpose is to acquire or fund companies and then hold interests in those companies as capital assets for investment purposes.
Part XX Excepted Nonfinancial Entity in Liquidation or Bankruptcy
34 I certify that the entity identified in Part I:
• Filed a plan of liquidation, filed a plan of reorganization, or filed for bankruptcy on
;
• During the past 5 years has not been engaged in business as a financial institution or acted as a passive NFFE;
• Is either liquidating or emerging from a reorganization or bankruptcy with the intent to continue or recommence operations as a nonfinancial
entity; and
• Has, or will provide, documentary evidence such as a bankruptcy filing or other public documentation that supports its claim if it remains in
bankruptcy or liquidation for more than 3 years.
Form W-8BEN-E (Rev. 10-2021)
Form W-8BEN-E (Rev. 10-2021)
Page 7
Part XXI 501(c) Organization
35 I certify that the entity identified in Part I is a 501(c) organization that:
• Has been issued a determination letter from the IRS that is currently in effect concluding that the payee is a section 501(c) organization that is
dated
; or
• Has provided a copy of an opinion from U.S. counsel certifying that the payee is a section 501(c) organization (without regard to whether the
payee is a foreign private foundation).
Part XXII Nonprofit Organization
36 I certify that the entity identified in Part I is a nonprofit organization that meets the following requirements.
• The entity is established and maintained in its country of residence exclusively for religious, charitable, scientific, artistic, cultural or educational purposes;
• The entity is exempt from income tax in its country of residence;
• The entity has no shareholders or members who have a proprietary or beneficial interest in its income or assets;
• Neither the applicable laws of the entity’s country of residence nor the entity’s formation documents permit any income or assets of the entity
to be distributed to, or applied for the benefit of, a private person or noncharitable entity other than pursuant to the conduct of the entity’s
charitable activities or as payment of reasonable compensation for services rendered or payment representing the fair market value of property
which the entity has purchased; and
• The applicable laws of the entity’s country of residence or the entity’s formation documents require that, upon the entity’s liquidation or
dissolution, all of its assets be distributed to an entity that is a foreign government, an integral part of a foreign government, a controlled entity
of a foreign government, or another organization that is described in this part or escheats to the government of the entity’s country of
residence or any political subdivision thereof.
Part XXIII
Publicly Traded NFFE or NFFE Affiliate of a Publicly Traded Corporation
Check box 37a or 37b, whichever applies.
37a
I certify that:
• The entity identified in Part I is a foreign corporation that is not a financial institution; and
• The stock of such corporation is regularly traded on one or more established securities markets, including
(name one securities exchange upon which the stock is regularly traded).
b
I certify that:
• The entity identified in Part I is a foreign corporation that is not a financial institution;
• The entity identified in Part I is a member of the same expanded affiliated group as an entity the stock of which is regularly traded on an
established securities market;
• The name of the entity, the stock of which is regularly traded on an established securities market, is
; and
• The name of the securities market on which the stock is regularly traded is
.
Part XXIV
Excepted Territory NFFE
38 I certify that:
• The entity identified in Part I is an entity that is organized in a possession of the United States;
• The entity identified in Part I:
(i) Does not accept deposits in the ordinary course of a banking or similar business;
(ii) Does not hold, as a substantial portion of its business, financial assets for the account of others; or
(iii)
Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with
respect to a financial account; and
• All of the owners of the entity identified in Part I are bona fide residents of the possession in which the NFFE is organized or incorporated.
Part XXV
Active NFFE
39 I certify that:
• The entity identified in Part I is a foreign entity that is not a financial institution;
• Less than 50% of such entity’s gross income for the preceding calendar year is passive income; and
• Less than 50% of the assets held by such entity are assets that produce or are held for the production of passive income (calculated as a
weighted average of the percentage of passive assets measured quarterly) (see instructions for the definition of passive income).
Part XXVI
Passive NFFE
40a I certify that the entity identified in Part I is a foreign entity that is not a financial institution (other than an investment entity organized in a
possession of the United States) and is not certifying its status as a publicly traded NFFE (or affiliate), excepted territory NFFE, active
NFFE, direct reporting NFFE, or sponsored direct reporting NFFE.
Check box 40b or 40c, whichever applies.
b
I further certify that the entity identified in Part I has no substantial U.S. owners (or, if applicable, no controlling U.S. persons); or
c
I further certify that the entity identified in Part I has provided the name, address, and TIN of each substantial U.S. owner (or, if applicable,
controlling U.S. person) of the NFFE in Part XXIX.
Form W-8BEN-E (Rev. 10-2021)
Form W-8BEN-E (Rev. 10-2021)
Page 8
Part XXVII
Excepted Inter-Affiliate FFI
41 I certify that the entity identified in Part I:
• Is a member of an expanded affiliated group;
• Does not maintain financial accounts (other than accounts maintained for members of its expanded affiliated group);
• Does not make withholdable payments to any person other than to members of its expanded affiliated group;
• Does not hold an account (other than depository accounts in the country in which the entity is operating to pay for expenses) with or receive
payments from any withholding agent other than a member of its expanded affiliated group; and
• Has not agreed to report under Regulations section 1.1471-4(d)(2)(ii)(C) or otherwise act as an agent for chapter 4 purposes on behalf of any financial
institution, including a member of its expanded affiliated group.
Part XXVIII
Sponsored Direct Reporting NFFE (see instructions for when this is permitted)
42
Name of sponsoring entity:
43
I certify that the entity identified in Part I is a direct reporting NFFE that is sponsored by the entity identified on line 42.
Part XXIX Substantial U.S. Owners of Passive NFFE
As required by Part XXVI, provide the name, address, and TIN of each substantial U.S. owner of the NFFE. Please see the instructions for a definition of
substantial U.S. owner. If providing the form to an FFI treated as a reporting Model 1 FFI or reporting Model 2 FFI, an NFFE may also use this part for
reporting its controlling U.S. persons under an applicable IGA.
Name Address TIN
Part XXX
Certification
Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete. I further
certify under penalties of perjury that:
• The entity identified on line 1 of this form is the beneficial owner of all the income or proceeds to which this form relates, is using this form to certify its status for
chapter 4 purposes, or is submitting this form for purposes of section 6050W or 6050Y;
• The entity identified on line 1 of this form is not a U.S. person;
• This form relates to: (a) income not effectively connected with the conduct of a trade or business in the United States, (b) income effectively connected with the
conduct of a trade or business in the United States but is not subject to tax under an income tax treaty, (c) the partner’s share of a partnership’s effectively
connected taxable income, or (d) the partner’s amount realized from the transfer of a partnership interest subject to withholding under section 1446(f); and
• For broker transactions or barter exchanges, the beneficial owner is an exempt foreign person as defined in the instructions.
Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the income of which the entity on line 1 is the beneficial
owner or any withholding agent that can disburse or make payments of the income of which the entity on line 1 is the beneficial owner.
I agree that I will submit a new form within 30 days if any certification on this form becomes incorrect.
I certify that I ha
ve the capacity to sign for the entity identified on line 1 of this form.
Sign Here
▲
Signature of individual authorized to sign for beneficial owner
Print Name Date (MM-DD-YYYY)
Form W-8BEN-E (Rev. 10-2021)
This page is blank (do not print)
Form
W-8EXP
(Rev. October 2023)
Department of the Treasury
Internal Revenue Service
Certificate of Foreign Government or Other Foreign
Organization for United States Tax
Withholding and Reporting
(For use by foreign governments, international organizations, foreign central banks of issue, foreign
tax-exempt organizations, foreign private foundations, and governments of U.S. territories.)
Go to www.irs.gov/FormW8EXP for instructions and the latest information.
Section references are to the Internal Revenue Code.
Give this form to the withholding agent or payer. Do not send to the IRS.
OMB No. 1545-1621
Do not use this form for: Instead, use Form:
• A foreign government or other foreign organization that is not claiming the applicability of section(s) 115(2), 501(c), 892,
895, or 1443(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8BEN-E or W-8ECI
• A beneficial owner solely claiming foreign status or treaty benefits . . . . . . . . . . . . . . . . . W-8BEN or W-8BEN-E
• A foreign partnership (except for a withholding qualified holder under section 1445) or a foreign trust . . . . . . . W-8BEN-E or W-8IMY
• A person claiming that income is effectively connected with the conduct of a trade or business in the United States . . . . . . W-8ECI
• A person acting as an intermediary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8IMY
Part I Identification of Beneficial Owner
1 Name of organization 2 Country of incorporation or organization
3
Type of
entity
Foreign government
International organization
Foreign central bank of issue (not
wholly owned by the foreign sovereign)
Foreign tax-exempt organization
Foreign private foundation
Government of a U.S. territory
Withholding qualified holder under section 1445
4
Chapter 4 Status (FATCA status):
Participating FFI.
Reporting Model 1 FFI.
Reporting Model 2 FFI.
Registered deemed-compliant FFI
(other than a Reporting Model 1 FFI).
Nonreporting IGA FFI. Complete Part III.
Territory financial institution. Complete Part III.
International organization.
Foreign government (including a political subdivision),
government of a U.S. territory, or foreign central bank of issue.
Complete Part III.
Exempt retirement plan of foreign government. Complete Part III.
501(c) organization. Complete Part III.
Passive NFFE. Complete Part III.
Direct reporting NFFE.
Sponsored direct reporting NFFE. Complete Part III.
5 Permanent address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address).
City or town, state or province. Include postal code where appropriate. Country
6 Mailing address (if different from above).
City or town, state or province. Include postal or ZIP code where appropriate. Country
7 U.S. TIN, if required (see instructions) 8a GIIN b Foreign TIN (see instructions)
9 Reference number(s) (see instructions)
Part II Qualification Statement for Chapter 3 Status
10 For a foreign government:
a
I certify that the entity identified in Part I is a foreign government within the meaning of section 892 and the payments are
within the scope of the exemption granted by section 892.
Check box 10b or box 10c, whichever applies.
b
The entity identified in Part I is an integral part of the government of .
c
The entity identified in Part I is a controlled entity of the government of
.
If box 10c is checked, check box 10d or box 10e, whichever applies.
d
I certify that for a beneficial owner that is a controlled entity of a foreign sovereign (other than a foreign central bank of issue
wholly owned by a foreign sovereign), the beneficial owner is not engaged in commercial activities within or outside the
United States.
e
I certify that for a beneficial owner that is a foreign central bank of issue and a controlled entity of a foreign sovereign, the
beneficial owner is not engaged in commercial activities within the United States.
11 For an international organization:
I certify that:
• The entity identified in Part I is an international organization within the meaning of section 7701(a)(18), and
• The payments are within the scope of the exemption granted by section 892.
For Paperwork Reduction Act Notice, see separate instructions.
Cat. No. 25401F
Form W-8EXP (Rev. 10-2023)
Form W-8EXP (Rev. 10-2023)
Page 2
Part II Qualification Statement for Chapter 3 Status (continued)
12 For a foreign central bank of issue (not wholly owned by the foreign sovereign):
I certify that:
• The entity identified in Part I is a foreign central bank of issue,
• The entity identified in Part I does not hold obligations or bank deposits to which this form relates for use in connection
with the conduct of a commercial banking function or other commercial activity, and
• The payments are within the scope of the exemption granted by section 895.
13 For a foreign tax-exempt organization, including foreign private foundations:
If any of the income to which this certification relates constitutes income includible under section 512 in computing the
entity’s unrelated business taxable income, attach a statement identifying the amounts.
Check either box 13a or box 13b.
a I certify that the entity identified in Part I has been issued a determination letter by the IRS dated
that is currently in effect and that concludes that it is an exempt organization described in section 501(c).
b
I have attached to this form an opinion from U.S. counsel concluding that the entity identified in Part I is described in
section 501(c).
For section 501(c)(3) organizations only, check either box 13c or box 13d.
c
If the determination letter or opinion of counsel concludes that the entity identified in Part I is described in section 501(c)(3),
I certify that the organization is not a private foundation described in section 509. I have attached an affidavit of the
organization setting forth sufficient facts for the IRS to determine that the organization is not a private foundation because it
meets one of the exceptions described in section 509(a)(1), (2), (3), or (4).
d
If the determination letter or opinion of counsel concludes that the entity identified in Part I is described in section 501(c)(3),
I certify that the organization is a private foundation described in section 509.
14 For a government of a U.S. territory:
I certify that the entity identified in Part I is a government of a territory of the United States, or is a political subdivision
thereof, and is claiming the exemption granted by section 115(2).
15 For a withholding qualified holder:
Check either box 15a or 15b.
a
I certify that the entity identified in Part I is treated as a non-foreign person for purposes of sections 897 and 1445 because
it is a qualified holder under Regulations section 1.897(I)-1(d).
b
I certify that the entity identified in Part I is treated as a non-foreign person for purposes of sections 897 and 1445 because
it is a foreign partnership, all of the interests of which are held by qualified holders (under Regulations section 1.897(I)-1(d)),
including through one or more partnerships.
Part III Qualification Statement for Chapter 4 Status (if required)
16 For a nonreporting IGA FFI:
I certify that the entity identified in Part I:
•
Meets the requirements to be considered a nonreporting financial institution pursuant to an applicable IGA between the United States
and ;
• Is treated as a
under the provisions of the applicable IGA (see instructions); and
• If you are an FFI treated as a registered deemed-compliant FFI under an applicable Model 2 IGA, provide your
GIIN: .
17 For a territory financial institution:
I certify that the entity identified in Part I is a financial institution (other than an investment entity) that is incorporated or
organized under the laws of a territory of the United States.
18
For a foreign government (including a political subdivision), government of a U.S. territory, or foreign central bank of issue:
I certify that the entity identified in Part I is the beneficial owner of the payment and is not engaged in commercial financial
activities of a type engaged in by an insurance company, custodial institution, or depository institution with respect to the
payments, accounts, or obligations for which this form is submitted (except as permitted in Regulations section
1.1471-6(h)(2)).
19 For an exempt retirement plan of a foreign government:
Check box 19a or box 19b, whichever applies.
a
I certify that the entity identified in Part I is established and sponsored by a foreign government, international organization,
central bank of issue, or government of a U.S. territory (each as defined in Regulations section 1.1471-6 or an applicable
Model 1 or Model 2 IGA) to provide retirement, disability, or death benefits to beneficiaries or participants that are current
or former employees of the sponsor (or persons designated by such employees); or
b
I certify that the entity identified in Part I is established and sponsored by a foreign government, international organization,
central bank of issue, or government of a U.S. territory (each as defined in Regulations section 1.1471-6 or an applicable
Model 1 or Model 2 IGA) to provide retirement, disability, or death benefits to beneficiaries or participants that are not
current or former employees of such sponsor, but are in consideration of personal services performed for the sponsor.
Form W-8EXP (Rev. 10-2023)
Form W-8EXP (Rev. 10-2023)
Page 3
Part III Qualification Statement for Chapter 4 Status (if required) (continued)
20 For a 501(c) organization:
I certify that the entity identified in Part I is an entity described in section 501(c) but is not an insurance company described
in section 501(c)(15).
21 For a passive NFFE:
a
I certify that the entity identified in Part I is a foreign entity that is not a financial institution (other than an investment entity
organized in a territory of the United States).
Check box 21b or 21c, whichever applies.
b
I further certify that the entity identified in Part I has no substantial U.S. owners, or
c
I further certify that the entity identified in Part I has provided a statement including the name, address, and TIN of each
substantial U.S. owner of the NFFE (see instructions).
22 Name of sponsoring entity:
I certify that the entity identified in Part I is a direct reporting NFFE that is sponsored by the entity identified in line 22.
Part IV Certification
Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and
belief it is true, correct, and complete. I further certify under penalties of perjury that:
•
The organization for which I am signing is the beneficial owner of the income and other payments to which this form relates, and
the beneficial owner is not a U.S. person; and/or
• The organization for which I am signing is a withholding qualified holder because it is a qualified holder under Regulations
section 1.897(I)-1(d) or it is a partnership and all of its interests are held, directly or indirectly, by qualified holders under
Regulations section 1.1445-1(g)(11).
Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the payments
of which I am the beneficial owner or any withholding agent that can disburse or make payments of the amounts of which I am
the beneficial owner.
I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect.
I certify that I have the capacity to sign for the entity identified on line 1 of this form.
Sign
Here
Signature of authorized official
Print name
Date (MM-DD-YYYY)
Form W-8EXP (Rev. 10-2023)
This page is blank (do not print)
Form
W-8IMY
(Rev. October 2021)
Department of the Treasury
Internal Revenue Service
Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain
U.S. Branches for United States Tax Withholding and Reporting
▶
Section references are to the Internal Revenue Code.
▶
Go to www.irs.gov/FormW8IMY for instructions and the latest information.
▶
Give this form to the withholding agent or payer. Do not send to the IRS.
OMB No. 1545-1621
Do not use this form for: Instead, use Form:
• A beneficial owner solely claiming foreign status or treaty benefits (other than a qualified intermediary (QI) acting as a qualified derivatives
dealer (QDD)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8BEN or W-8BEN-E
• A hybrid entity claiming treaty benefits on its own behalf (other than a QI acting as a QDD) . . . . . . . . . . . . . . W-8BEN-E
• A foreign person claiming that income is effectively connected with the conduct of a trade or business in the United States . . . . . W-8ECI
• A disregarded entity with a single foreign owner that is the beneficial owner (other than a QI acting as a QDD) of the income to which this form
relates. Instead, the single foreign owner should use . . . . . . . . . . . . . . . . . . W-8BEN, W-8ECI, or W-8BEN-E
• A foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or
government of a U.S. possession claiming the applicability of section(s) 115(2), 501(c), 892, 895, or 1443(b) . . . . . . . . . . W-8EXP
• U.S. entity or U.S. citizen or resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-9
• A foreign person documenting itself for purposes of section 6050W . . . . . . . . . . . . . . W-8BEN, W-8BEN-E, or W-8ECI
Part I Identification of Entity
1 Name of organization that is acting as intermediary 2 Country of incorporation or organization
3 Name of disregarded entity (if applicable), see instructions
4 Chapter 3 Status (entity type) (Must check one box only.):
QI (including a QDD). Complete Part III.
Nonqualified intermediary. Complete Part IV.
Territory financial institution. Complete Part V.
U.S. branch. Complete Part VI.
Withholding foreign partnership. Complete Part VII.
Withholding foreign trust. Complete Part VII.
Nonwithholding foreign partnership. Complete Part VIII.
Nonwithholding foreign simple trust. Complete Part VIII.
Nonwithholding foreign grantor trust. Complete Part VIII.
5 Chapter 4 Status (FATCA status) (See instructions for details and complete the certification below for the entity’s applicable status.)
(Must check one box only.):
Nonparticipating foreign financial institution (FFI) (including an FFI related
to a Reporting IGA FFI other than a deemed-compliant FFI, participating
FFI, or exempt beneficial owner). Complete Part IX (if applicable).
Participating FFI.
Reporting Model 1 FFI.
Reporting Model 2 FFI.
Registered deemed-compliant FFI (other than a reporting Model 1 FFI,
sponsored FFI, or nonreporting IGA FFI covered in Part XIX).
Territory financial institution. Complete Part V.
Sponsored FFI (other than a certified deemed-compliant sponsored,
closely held investment vehicle). Complete Part X.
Certified deemed-compliant nonregistering local bank. Complete Part XII.
Certified deemed-compliant FFI with only low-value accounts. Complete Part XIII.
Certified deemed-compliant sponsored, closely held investment
vehicle. Complete Part XIV.
Certified deemed-compliant limited life debt investment entity. Complete Part XV.
Certain investment entities that do not maintain financial accounts. Complete Part XVI.
Owner-documented FFI. Complete Part XI.
Restricted distributor. Complete Part XVII.
Foreign central bank of issue. Complete Part XVIII.
Nonreporting IGA FFI. Complete Part XIX.
Exempt retirement plans. Complete Part XX.
Excepted nonfinancial group entity. Complete Part XXI.
Excepted nonfinancial start-up company. Complete Part XXII.
Excepted nonfinancial entity in liquidation or bankruptcy.
Complete Part XXIII.
Publicly traded NFFE or NFFE affiliate of a publicly traded
corporation. Complete Part XXIV.
Excepted territory NFFE. Complete Part XXV.
Active NFFE. Complete Part XXVI.
Passive NFFE. Complete Part XXVII.
Direct reporting NFFE.
Sponsored direct reporting NFFE. Complete Part XXVIII.
6
Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address).
City or town, state or province. Include postal code where appropriate. Country
7 Mailing address (if different from above)
City or town, state or province. Include postal code where appropriate.
Country
8 U.S. taxpayer identification number, if required
▶
9a GIIN (if applicable)
▶
b Foreign taxpayer identification number, if required
▶
QI-EIN
WP-EIN WT-EIN
EIN
For Paperwork Reduction Act Notice, see separate instructions.
Cat. No. 25402Q
Form W-8IMY (Rev. 10-2021)
10 Reference number(s) (see instructions)
Form W-8IMY (Rev. 10-2021)
Page 2
Part II
Disregarded Entity or Branch Receiving Payment. (Complete only if a disregarded entity with a GIIN or
a branch of an FFI in a country other than the FFI’s country of residence. Do not complete Part II for QDD
branches. See instructions.)
11 Chapter 4 Status (FATCA status) of disregarded entity or branch receiving payment.
Branch treated as nonparticipating FFI.
Participating FFI.
Reporting Model 1 FFI.
Reporting Model 2 FFI.
U.S. Branch.
12 Address of branch (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address).
City or town, state or province. Include postal code where appropriate. Country
13 GIIN (if any)
▶
Chapter 3 Status Certifications
Part III Qualified Intermediary
All Qualified Intermediaries
14 I certify that the entity identified in Part I (or branch, if relevant):
• Is a QI with respect to the accounts identified on line 10 or in a withholding statement associated with this form (as required) that is one
or more of the following:
(i) Not acting for its own account;
(ii) A QDD receiving payments on underlying securities and/or potential section 871(m) transactions;
(iii)
A QI assuming primary withholding responsibility for payments of substitute interest, as permitted by the QI Agreement.
• Has provided or will provide a withholding statement (as required) for purposes of chapters 3 and 4, and section 1446(a), or section
1446(f), subject to the certifications made on this form.
• To the extent it acts as a disclosing QI for purposes of section 1446(a) or (f) for payments associated with this form, the QI is to provide
the required payee documentation to associate with an amount realized or an amount subject to withholding on a PTP distribution.
Qualified Intermediaries When Not Acting As Qualified Derivatives Dealers (check all that apply)
15a
I certify that the entity identified in Part I of this form assumes primary withholding responsibility for purposes of chapters 3 and 4 for each
account identified on a withholding statement attached to this form (or, if no withholding statement is attached to this form, for all accounts).
b
I certify that the entity identified in Part I of this form assumes primary withholding and reporting responsibility for each payment of an amount
realized from the sale of an interest in a publicly traded partnership under section 1446(f) associated with each account identified on a withholding
statement attached to this form for receiving such amounts (or, if no withholding statement is attached to this form, for all accounts).
c
I certify that the entity identified in Part I of this form assumes primary withholding as a nominee under Regulations section 1.1446-4(b)(3)
for each distribution by a publicly traded partnership associated with each account identified on a withholding statement attached to this
form for receiving such distributions (or, if no withholding statement is attached to this form, for all accounts).
d
I certify that the entity identified in Part I of this form is a QI acting as a qualified securities lender assuming primary withholding and
reporting responsibilities with respect to payments that are U.S. source substitute dividends received from the withholding agent
associated with each account identified on a withholding statement attached to this form (or, if no withholding statement is attached to this
form, for all accounts).
e
I certify that the entity identified in Part I of this form assumes primary withholding responsibility for purposes of chapters 3 and 4 and
primary Form 1099 reporting and backup withholding responsibility for all payments of U.S. source interest and substitute interest
associated with this form, as permitted by the QI Agreement.
f
I certify that the entity identified in Part I of this form assumes primary Form 1099 reporting and backup withholding responsibility or
reporting responsibility as a participating FFI or registered deemed-compliant FFI with respect to accounts that it maintains that are held by
specified U.S. persons as permitted under Regulations sections 1.6049-4(c)(4)(i) or (c)(4)(ii) in lieu of Form 1099 reporting for each account
identified on a withholding statement attached to this form (or, if no withholding statement is attached to this form, for all accounts).
g
I certify that the entity identified in Part I of this form does not assume primary Form 1099 reporting and backup withholding responsibility for each
account identified on a withholding statement attached to this form (or, if no withholding statement is attached to this form, for all accounts).
h
(Complete only to the extent the entity identified in Part I of this form does not assume primary Form 1099 reporting and backup withholding
responsibility.) If the entity identified in Part I of this form has allocated or will allocate a portion of a payment to a chapter 4 withholding rate pool
of U.S. payees on a withholding statement associated with this form, I certify that the entity meets the requirements of Regulations section
1.6049-4(c)(4)(iii) with respect to any account holder of an account it maintains that is included in such a withholding rate pool.
i
(Complete only to the extent the entity identified in Part I of this form does not assume primary Form 1099 reporting and backup withholding
responsibility.) If the entity identified in Part I of this form has allocated or will allocate a portion of a payment to a chapter 4 withholding rate pool
of U.S. payees on a withholding statement associated with this form, to the extent the U.S. payees are account holders of an intermediary or flow-
through entity receiving a payment from the entity, I certify that the entity has obtained, or will obtain, documentation sufficient to establish each
such intermediary or flow-through entity status as a participating FFI, registered deemed-compliant FFI, or FFI that is a QI.
Form W-8IMY (Rev. 10-2021)
Form W-8IMY (Rev. 10-2021)
Page 3
Qualified Derivatives Dealers
16a
I certify that each QDD identified in Part I of this form or on a withholding statement associated with this form meets the requirements to
act as a QDD (including approval by the IRS to so act) and assumes primary withholding and reporting responsibilities under chapters 3, 4,
and 61 and section 3406 with respect to any payments it makes with respect to potential section 871(m) transactions.
b
Entity classification of QDD:
Corporation Partnership Disregarded Entity
Part IV Nonqualified Intermediary
Check all that apply.
17a
(All nonqualified intermediaries and QIs that are not acting in their capacity as such check here.) I certify that the entity identified in Part I of this
form is not acting as a QI with respect to each account(s) for which this form is provided and is not acting for its own account.
b
I certify that the entity identified in Part I of this form is using this form to transmit withholding certificates and/or other documentation and
has provided, or will provide, a withholding statement, as required. Note: If this form is provided for purposes of the entity’s interest in a
publicly traded partnership, see the instructions for Part IV before checking this box.
c
I certify that the entity identified in Part I of this form meets the requirements of Regulations section 1.6049-4(c)(4)(iii) with respect to any
account holder of an account it maintains that is included in a withholding rate pool of U.S. payees provided on a withholding statement
associated with this form (excluding a distribution from a publicly traded partnership).
d
I certify that the entity identified in Part I of this form is acting as a qualified securities lender (other than a QI) assuming primary withholding and reporting
responsibilities with respect to payments associated with this form that are U.S. source substitute dividends received from the withholding agent.
e
To the extent that the entity identified in Part I of this form is providing an alternative withholding statement described in Regulations
section 1.1441-1(e)(3)(iv)(C)(3) for any payments associated with the form, the entity represents that the information on all of the
withholding statements associated with this withholding certificate have been (or will be) verified for inconsistency with any other account
information the entity has for the beneficial owners for determining the rate of withholding with respect to each payee (applying the
standards of knowledge under section 1441 or section 1471, as applicable).
Part V
Territory Financial Institution
18a
I certify that the entity identified in Part I is a financial institution (other than an investment entity that is not also a depository institution,
custodial institution, or specified insurance company) that is incorporated or organized under the laws of a territory of the United States.
Check the box on line 18b or 18c, whichever applies.
b
I further certify that the entity identified in Part I is using this form as evidence of its agreement with the withholding agent to be treated as a U.S. person
for purposes of chapters 3 and 4 with respect to any reportable amounts and withholdable payments associated with this withholding certificate.
c I further certify that the entity identified in Part I:
• Is using this form to transmit withholding certificates and/or other documentation for the persons for whom it receives a payment of a
reportable amount or a withholdable payment; and
• Has provided or will provide a withholding statement, as required.
Check the boxes on lines 18d, and 18e or 18f, as applicable.
d
I certify that the entity identified in Part I agrees to be treated as a U.S. person under Regulations section 1.1446(f)-4(a)(2)(i)(B) with respect
to amounts realized on sales of interests in publicly traded partnerships.
e
I certify that the entity identified in Part I agrees to be treated as a U.S. person (as described in Regulations section 1.1441-1(b)(2)(iv)(A))
and as a nominee under Regulations section 1.1446-4(b)(3) with respect to distributions by publicly traded partnerships, or
f Is not acting as a nominee for distributions from publicly traded partnerships and is providing withholding statements for the distributions.
Note: If this form is provided for an amount realized, see the instructions for Part V before providing a withholding statement for an amount
realized when the entity does not check the box on line 18d.
Part VI
Certain U.S. Branches
19a
I certify that the entity identified in Part I is a U.S. branch receiving reportable amounts or withholdable payments that are not income
effectively connected with the conduct of a trade or business in the United States, distributions from publicly traded partnerships, or
amounts realized on sales of interests in publicly traded partnerships.
Check the box on line 19b or 19c, whichever applies.
b
I certify that the entity identified in Part I is a U.S. branch of a foreign bank or insurance company described in Regulations section
1.1441-1(b)(2)(iv)(A) that is using this form as evidence of its agreement with the withholding agent to be treated as a U.S. person with
respect to any reportable amounts or withholdable payments associated with this withholding certificate.
c
I certify that the entity identified in Part I:
•
Is using this form to transmit withholding certificates and/or other documentation for the persons for whom the branch receives a payment of a reportable amount;
• Has provided or will provide a withholding statement, as required; and
• In the case of a withholdable payment, is applying the rules described in Regulations section 1.1471-4(d)(2)(iii)(C).
Check the boxes on lines 19d, and 19e or 19f, as applicable.
d
I certify that the entity identified in Part I is a U.S. branch (as described in Regulations section 1.1446(f)-4(a)(2)(i)(B)) that is acting as a U.S.
person with respect to amounts realized on the sales of interests in publicly traded partnerships,
e
I certify that the entity identified in Part I is a U.S. branch (as described in Regulations section 1.1441-1(b)(2)(iv)(A)) that is treated as a
U.S. person and as a nominee with respect to distributions by publicly traded partnerships under Regulations section 1.1446-4(b)(3), or
f
Is not acting as a nominee for distributions from publicly traded partnerships and is providing withholding statements for the distributions.
Note: If this form is provided for an amount realized, see the instructions for Part VI before providing a withholding statement for an
amount realized when the U.S. branch does not check the box on line 19d.
Form W-8IMY (Rev. 10-2021)
Form W-8IMY (Rev. 10-2021)
Page 4
Part VII Withholding Foreign Partnership (WP) or Withholding Foreign Trust (WT)
20
I certify that the entity identified in Part I is a withholding foreign partnership or a withholding foreign trust that is compliant with the terms
of its WP or WT agreement.
Part VIII Nonwithholding Foreign Partnership, Simple Trust, or Grantor Trust
Check all that apply.
21
a
I certify that the entity identified in Part I:
• Is a nonwithholding foreign partnership, a nonwithholding foreign simple trust, or a nonwithholding foreign grantor trust and is providing
this form for payments that are not effectively connected, or are not treated as effectively connected, with the conduct of a trade or
business in the United States; and
• Is using this form to transmit withholding certificates and/or other documentation and has provided or will provide a withholding
statement, as required for purposes of chapters 3 and 4, that is subject to the certifications made on this form.
b
I certify that the entity identified in Part I is a foreign partnership or foreign grantor trust that is a partner in a lower-tier partnership and is
providing this Form W-8IMY for purposes of section 1446(a).
c
I certify that the entity identified in Part I is a foreign partnership receiving an amount realized on the transfer of an interest in a partnership
for purposes of section 1446(f).
d
I certify that the entity identified in Part I is a foreign partnership providing a withholding statement for a modified amount realized from the
transfer (check, when applicable, only if box 21c is checked).
e
I certify that the entity identified in Part I is a foreign grantor trust providing the form on behalf of each grantor or other owner of the trust
under Regulations section 1.1446(f)-1(c)(2)(vii) that is transmitting withholding certificates and providing a withholding statement to allocate
the amount realized to each grantor or other owner.
f
To the extent the entity identified in Part I of this form is providing an alternative withholding statement described in Regulations section
1.1441-1(e)(3)(iv)(C)(3) for any payments associated with the form, the entity represents that the information on all of the withholding
certificates associated with the withholding statement may be relied on based on the standards of knowledge under section 1441 or
section 1471 applicable to the entity.
Chapter 4 Status Certifications
Part IX Nonparticipating FFI with Exempt Beneficial Owners
22
I certify that the entity identified in Part I is using this form to transmit withholding certificates and/or other documentation and has provided
or will provide a withholding statement that indicates the portion of the payment allocated to one or more exempt beneficial owners.
Part X
Sponsored FFI
23a
Name of sponsoring entity:
▶
Check the box on line 23b or 23c, whichever applies.
b I certify that the entity identified in Part I:
• Is an investment entity;
• Is not a QI, WP (except to the extent permitted in the withholding foreign partnership agreement), or WT; and
• Has agreed with the entity identified above (that is not a nonparticipating FFI) to act as the sponsoring entity for this entity.
c
I certify that the entity identified in Part I:
• Is a controlled foreign corporation as defined in section 957(a);
• Is not a QI, WP, or WT;
• Is wholly owned, directly or indirectly, by the U.S. financial institution identified above that agrees to act as the sponsoring entity for this
entity; and
•
Shares a common electronic account system with the sponsoring entity (identified above) that enables the sponsoring entity to identify all
account holders and payees of the entity and to access all account and customer information maintained by the entity including, but not limited
to, customer identification information, customer documentation, account balance, and all payments made to account holders or payees.
Part XI
Owner-Documented FFI
Note: This status only applies if the U.S. financial institution, participating FFI, reporting Model 1 FFI, or reporting Model 2 FFI to which this form is
given has agreed that it will treat the FFI as an owner-documented FFI. The owner-documented FFI must make the certifications below.
24a
I certify that the FFI identified in Part I:
•
Does not act as an intermediary;
• Does not accept deposits in the ordinary course of a banking or similar business;
• Does not hold, as a substantial portion of its business, financial assets for the account of others;
• Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with
respect to a financial account;
• Is not affiliated with an entity (other than an FFI that is also treated as an owner-documented FFI) that accepts deposits in the ordinary
course of a banking or similar business, holds, as a substantial portion of its business, financial assets for the account of others, or is an
insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to a
financial account; and
• Does not maintain a financial account for any nonparticipating FFI.
Form W-8IMY (Rev. 10-2021)
Form W-8IMY (Rev. 10-2021)
Page 5
Part XI
Owner-Documented FFI (continued)
Check the box on line 24b or 24c, whichever applies.
b
I certify that the FFI identified in Part I:
• Has provided, or will provide, an FFI owner reporting statement (including any applicable owner documentation) that contains:
(i)
The name, address, TIN (if any), chapter 4 status, and type of documentation provided (if required) of every individual and specified
U.S. person that owns a direct or indirect equity interest in the owner-documented FFI (looking through all entities other than
specified U.S. persons);
(ii)
The name, address, TIN (if any), chapter 4 status, and type of documentation provided (if required) of every individual and specified
U.S. person that owns a debt interest in the owner-documented FFI (including any indirect debt interest, which includes debt interests
in any entity that directly or indirectly owns the payee or any direct or indirect equity interest in a debt holder of the payee) that
constitutes a financial account in excess of $50,000 (disregarding all such debt interests owned by participating FFIs, registered
deemed-compliant FFIs, certified deemed-compliant FFIs, excepted NFFEs, exempt beneficial owners, or U.S. persons other than
specified U.S. persons); and
(iii) Any additional information the withholding agent requests in order to fulfill its obligations with respect to the entity.
c
I certify that the FFI identified in Part I:
• Has provided, or will provide, an auditor’s letter, signed no more than 4 years prior to the date of payment, from an independent
accounting firm or legal representative with a location in the United States stating that the firm or representative has reviewed the FFI’s
documentation with respect to all of its owners and debt holders identified in Regulations section 1.1471-3(d)(6)(iv)(A)(2) and that the FFI
meets all the requirements to be an owner-documented FFI. The FFI identified in Part I has also provided, or will provide, an FFI owner
reporting statement and Form W-9, with applicable waivers, as described in Regulations section 1.1471-3(d)(6)(iv).
Part XII
Certified Deemed-Compliant Nonregistering Local Bank
25 I certify that the FFI identified in Part I:
• Operates and is licensed solely as a bank or credit union (or similar cooperative credit organization operated without profit) in its country
of incorporation or organization;
• Engages primarily in the business of receiving deposits from and making loans to, with respect to a bank, retail customers unrelated to
such bank and, with respect to a credit union or similar cooperative credit organization, members, provided that no member has a greater
than 5% interest in such credit union or cooperative credit organization;
• Does not solicit account holders outside its country of organization;
• Has no fixed place of business outside such country (for this purpose, a fixed place of business does not include a location that is not
advertised to the public and from which the FFI performs solely administrative support functions);
• Has no more than $175 million in assets on its balance sheet and, if it is a member of an expanded affiliated group, the group has no
more than $500 million in total assets on its consolidated or combined balance sheets; and
• Does not have any member of its expanded affiliated group that is an FFI, other than an FFI that is incorporated or organized in the same
country as the FFI identified in Part I and that meets the requirements set forth in this Part XII.
Part XIII
Certified Deemed-Compliant FFI With Only Low-Value Accounts
26 I certify that the FFI identified in Part I:
• Is not engaged primarily in the business of investing, reinvesting, or trading in securities, partnership interests, commodities, notional
principal contracts, insurance or annuity contracts, or any interest (including a futures or forward contract or option) in such security,
partnership interest, commodity, notional principal contract, insurance contract, or annuity contract;
• No financial account maintained by the FFI or any member of its expanded affiliated group, if any, has a balance or value in excess of
$50,000 (as determined after applying applicable account aggregation rules); and
• Neither the FFI nor the FFI’s entire expanded affiliated group, if any, has more than $50 million in assets on its consolidated or combined
balance sheet as of the end of its most recent accounting year.
Part XIV
Certified Deemed-Compliant Sponsored, Closely Held Investment Vehicle
27a
Name of sponsoring entity:
▶
b
I certify that the FFI identified in Part I:
• Is an FFI solely because it is an investment entity described in Regulations section 1.1471-5(e)(4);
• Is not a QI, WP, or WT;
• Will have all of its due diligence, withholding, and reporting responsibilities (determined as if the FFI were a participating FFI) fulfilled by
the sponsoring entity identified on line 27a; and
• 20 or fewer individuals own all of the debt and equity interests in the entity (disregarding debt interests owned by U.S. financial
institutions, participating FFIs, registered deemed-compliant FFIs, and certified deemed-compliant FFIs and equity interests owned by an
entity that owns 100% of the equity interests in the FFI identified in Part I and is itself a sponsored FFI).
Part XV
Certified Deemed-Compliant Limited Life Debt Investment Entity
28
I certify that the FFI identified in Part I:
• Was in existence as of January 17, 2013;
• Issued all classes of its debt or equity interests to investors on or before January 17, 2013, pursuant to a trust indenture or similar
agreement; and
• Is certified deemed-compliant because it satisfies the requirements to be treated as a limited life debt investment entity (such as the
restrictions with respect to its assets and other requirements under Regulations section 1.1471-5(f)(2)(iv)).
Form W-8IMY (Rev. 10-2021)
Form W-8IMY (Rev. 10-2021)
Page 6
Part XVI
Certain Investment Entities That Do Not Maintain Financial Accounts
29
I certify that the entity identified in Part I:
• Is a financial institution solely because it is an investment entity described in Regulations section 1.1471-5(e)(4)(i)(A); and
• Does not maintain financial accounts.
Part XVII
Restricted Distributor
30a
(All restricted distributors check here.) I certify that the entity identified in Part I:
• Operates as a distributor with respect to debt or equity interests of the restricted fund with respect to which this form is furnished;
• Provides investment services to at least 30 customers unrelated to each other and less than half of its customers are related to each
other;
• Is required to perform AML due diligence procedures under the anti-money laundering laws of its country of organization (which is a
FATF-compliant jurisdiction);
• Operates solely in its country of incorporation or organization, has no fixed place of business outside of that country, and has the same
country of incorporation or organization as all members of its affiliated group, if any;
• Does not solicit customers outside its country of incorporation or organization;
• Has no more than $175 million in total assets under management and no more than $7 million in gross revenue on its income statement
for the most recent accounting year;
• Is not a member of an expanded affiliated group that has more than $500 million in total assets under management or more than $20
million in gross revenue for its most recent accounting year on a combined or consolidated income statement; and
• Does not distribute any debt or securities of the restricted fund to specified U.S. persons, passive NFFEs with one or more substantial
U.S. owners, or nonparticipating FFIs.
Check the box on line 30b or 30c, whichever applies.
I further certify that with respect to all sales of debt or equity interests in the restricted fund with respect to which this form is furnished that are made
after December 31, 2011, the entity identified in Part I:
b
Has been bound by a distribution agreement that contained a general prohibition on the sale of debt or securities to U.S. entities and U.S.
resident individuals and is currently bound by a distribution agreement that contains a prohibition of the sale of debt or securities to any
specified U.S. person, passive NFFE with one or more substantial U.S. owners, or nonparticipating FFI.
c
Is currently bound by a distribution agreement that contains a prohibition on the sale of debt or securities to any specified U.S. person,
passive NFFE with one or more substantial U.S. owners, or nonparticipating FFI and, for all sales made prior to the time that such a
restriction was included in its distribution agreement, has reviewed all accounts related to such sales in accordance with the procedures
identified in Regulations section 1.1471-4(c) applicable to preexisting accounts and has redeemed or retired any securities which were sold
to specified U.S. persons, passive NFFEs with one or more substantial U.S. owners, or nonparticipating FFIs, or will transfer the securities
to a distributor that is a participating FFI, reporting Model 1 FFI, or reporting Model 2 FFI.
Part XVIII
Foreign Central Bank of Issue
31
I certify that the entity identified in Part I is treated as the beneficial owner of the payment solely for purposes of chapter 4 under
Regulations section 1.1471-6(d)(4).
Part XIX
Nonreporting IGA FFI
32
I certify that the entity identified in Part I:
•
Meets the requirements to be considered a nonreporting financial institution pursuant to an applicable IGA between the United States and
. The applicable IGA is a Model 1 IGA or a Model 2 IGA; and
is treated as a under the provisions of the applicable IGA or Treasury regulations
(if applicable, see instructions); and
•
If you are a trustee documented trust or a sponsored entity, provide the name of the trustee or sponsor
.
The trustee is:
U.S. Foreign
Part XX
Exempt Retirement Plans
Check the box on line 33a, b, c, d, e, or f, whichever applies.
33
a
I certify that the entity identified in Part I:
• Is established in a country with which the United States has an income tax treaty in force;
• Is operated principally to administer or provide pension or retirement benefits; and
• Is entitled to treaty benefits on income that the fund derives from U.S. sources (or would be entitled to benefits if it derived any such
income) as a resident of the other country which satisfies any applicable limitation on benefits requirement.
b
I certify that the entity identified in Part I:
• Is organized for the provision of retirement, disability, or death benefits (or any combination thereof) to beneficiaries that are former
employees of one or more employers in consideration for services rendered;
• No single beneficiary has a right to more than 5% of the FFI’s assets;
• Is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the
country in which the fund is established or operated; and
Form W-8IMY (Rev. 10-2021)
Form W-8IMY (Rev. 10-2021)
Page 7
Part XX
Exempt Retirement Plans (continued)
(i) Is generally exempt from tax on investment income under the laws of the country in which it is established or operates due to its
status as a retirement or pension plan;
(ii) Receives at least 50% of its total contributions from sponsoring employers (disregarding transfers of assets from other plans
described in this part, retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, other retirement funds
described in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A));
(iii) Either does not permit or penalizes distributions or withdrawals made before the occurrence of specified events related to
retirement, disability, or death (except rollover distributions to accounts described in Regulations section 1.1471-5(b)(2)(i)(A)
(referring to retirement and pension accounts), to retirement and pension accounts described in an applicable Model 1 or Model 2
IGA, or to other retirement funds described in this part or in an applicable Model 1 or Model 2 IGA); or
(iv)
Limits contributions by employees to the fund by reference to earned income of the employee or may not exceed $50,000 annually.
c
I certify that the entity identified in Part I:
• Is organized for the provision of retirement, disability, or death benefits (or any combination thereof) to beneficiaries that are former
employees of one or more employers in consideration for services rendered;
• Has fewer than 50 participants;
• Is sponsored by one or more employers, each of which is not an investment entity or passive NFFE;
• Employee and employer contributions to the fund (disregarding transfers of assets from other plans described in this part, retirement and
pension accounts described in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A)) are
limited by reference to earned income and compensation of the employee, respectively;
•
Participants that are not residents of the country in which the fund is established or operated are not entitled to more than 20% of the fund’s assets; and
• Is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the
country in which the fund is established or operates.
d
I certify that the entity identified in Part I is formed pursuant to a pension plan that would meet the requirements of section 401(a), other
than the requirement that the plan be funded by a trust created or organized in the United States.
e
I certify that the entity identified in Part I is established exclusively to earn income for the benefit of one or more retirement funds described
in this part or in an applicable Model 1 or Model 2 IGA, accounts described in Regulations section 1.1471-5(b)(2)(i)(A) (referring to
retirement and pension accounts), or retirement and pension accounts described in an applicable Model 1 or Model 2 IGA.
f
I certify that the entity identified in Part I:
• Is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S.
possession (each as defined in Regulations section 1.1471-6) or an exempt beneficial owner described in an applicable Model 1 or Model
2 IGA to provide retirement, disability, or death benefits to beneficiaries or participants that are current or former employees of the sponsor
(or persons designated by such employees); or
• Is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S.
possession (each as defined in Regulations section 1.1471-6) or an exempt beneficial owner described in an applicable Model 1 or Model
2 IGA to provide retirement, disability, or death benefits to beneficiaries or participants that are not current or former employees of such
sponsor, but are in consideration of personal services performed for the sponsor.
Part XXI
Excepted Nonfinancial Group Entity
34 I certify that the entity identified in Part I:
• Is a holding company, treasury center, or captive finance company and substantially all of the entity’s activities are functions described in
Regulations section 1.1471-5(e)(5)(i)(C) through (E);
• Is a member of a nonfinancial group described in Regulations section 1.1471-5(e)(5)(i)(B);
• Is not a depository or custodial institution (other than for members of the entity’s expanded affiliated group); and
• Does not function (or hold itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or
any investment vehicle with an investment strategy to acquire or fund companies and then hold interests in those companies as capital
assets for investment purposes.
Part XXII
Excepted Nonfinancial Start-Up Company
35 I certify that the entity identified in Part I:
• Was formed on (or in the case of a new line of business, the date of board resolution approving the new line of business)
(date must be less than 24 months prior to date of payment);
• Is not yet operating a business and has no prior operating history or is investing capital in assets with the intent to operate a new line of
business other than that of a financial institution or passive NFFE; and
• Does not function (or hold itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or
any investment vehicle whose purpose is to acquire or fund companies and then hold interests in those companies as capital assets for
investment purposes.
Part XXIII
Excepted Nonfinancial Entity in Liquidation or Bankruptcy
36
I certify that the entity identified in Part I:
• Filed a plan of liquidation, filed a plan for reorganization, or filed for bankruptcy on the following date:
;
• Has not been engaged during the past 5 years in business as a financial institution or acted as a passive NFFE;
• Is either liquidating or emerging from a reorganization or bankruptcy with the intent to continue or recommence operations as a
nonfinancial entity; and
• Has provided, or will provide, documentary evidence such as a bankruptcy filing or other public documentation that supports its claim if
it remains in bankruptcy or liquidation for more than 3 years.
Form W-8IMY (Rev. 10-2021)
Form W-8IMY (Rev. 10-2021)
Page 8
Part XXIV
Publicly Traded NFFE or NFFE Affiliate of a Publicly Traded Corporation
Check the box on line 37a or 37b, whichever applies.
37a I certify that:
• The entity identified in Part I is a foreign corporation that is not a financial institution;
and
• The stock of such corporation is regularly traded on one or more established securities markets, including
.
b
I certify that:
• The entity identified in Part I is a foreign corporation that is not a financial institution;
• The entity identified in Part I is a member of the same expanded affiliated group as an entity the stock of which is regularly traded on an
established securities market;
• The name of the entity, the stock of which is regularly traded on an established securities market, is
; and
• The name of the securities market on which the stock is regularly traded is
▶
.
Part XXV
Excepted Territory NFFE
38 I certify that:
• The entity identified in Part I is an entity that is organized in a possession of the United States;
• All of the owners of the entity identified in Part I are bona fide residents of the possession in which the NFFE is organized or incorporated;
and
• The entity identified in Part I:
(i)
Does not accept deposits in the ordinary course of a banking or similar business;
(ii)
Does not hold, as a substantial portion of its business, financial assets for the account of others; and
(iii)
Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with
respect to a financial account.
Part XXVI Active NFFE
39
I certify that:
• The entity identified in Part I is a foreign entity that is not a financial institution;
• Less than 50% of such entity’s gross income for the preceding calendar year is passive income; and
• Less than 50% of the assets held by such entity are assets that produce or are held for the production of passive income (calculated as a
weighted average of the percentage of passive assets measured quarterly). See the instructions for the definition of passive income.
Part XXVII Passive NFFE
40 I certify that the entity identified in Part I:
• Is a foreign entity that is not a financial institution (this category includes an entity organized in a possession of the United States that
engages (or holds itself out as being engaged) primarily in the business of investing, reinvesting, or trading in securities, partnership
interests, commodities, notional principal contracts, insurance or annuity contracts, or any interest in such security, partnership interest,
commodity, notional principal contract, insurance contract, or annuity contract); and
• Is using this form to transmit withholding certificates and/or other documentation and has provided or will provide a withholding
statement, as required.
Part XXVIII
Sponsored Direct Reporting NFFE
41
Name of sponsoring entity:
▶
42
I certify that the entity identified in Part I is a direct reporting NFFE that is sponsored by the entity identified on line 41.
Part XXIX Certification
Under penalties of perjury, I declare that I have examined the information on this form, and to the best of my knowledge and belief, it is true, correct, and
complete. Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the income or proceeds for
which I am providing this form or any withholding agent that can disburse or make payments of the amounts for which I am providing this form.
I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect.
Sign Here
▲
Signature of authorized official
Print Name Date (MM-DD-YYYY)
Form W-8IMY (Rev. 10-2021)