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Department of the Treasury
Internal Revenue Service
Instructions for

Form W-8BEN-E

(Rev. October 2021)
Certificate of Status of Beneficial Owner for
United States Tax Withholding and Reporting (Entities)

Section references are to the Internal Revenue Code obtain an FTIN from their jurisdiction of residence. See the
unless otherwise noted. instructions for Line 9c.
Section 6050Y reporting. These instructions have been
Future Developments updated to reference the use of this form by an entity
(other than a partnership, simple trust, or grantor trust)
For the latest information about developments related to
that is a foreign seller of a life insurance contract or that is
Form W-8BEN-E and its instructions, such as legislation
a foreign person and a recipient of a reportable death
enacted after they were published, go to IRS.gov/
benefit for purposes of reporting under section 6050Y.
FormW8BENE.
Line 14, claim of tax treaty benefits. The instructions
What's New for this line have been updated to include a representation
required by entities that are resident in a foreign country
Guidance under section 1446(f). The Tax Cuts and that has entered into an income tax treaty with the United
Jobs Act (TCJA), added section 1446(f), which generally States that does not contain a limitation on benefits (LOB)
requires that if the gain on any disposition of an interest in article.
a partnership would be treated under section 864(c)(8) as
Line 15, special rates and conditions. The instructions
effectively connected gain, the transferee purchasing an
for this line have been updated to include representations
interest in such a partnership from a non-U.S. transferor
required by entities claiming treaty benefits on business
must withhold a tax equal to 10% of the amount realized
profits or gains not attributable to a permanent
on the disposition unless an exception to withholding
establishment, including for a foreign partner that derives
applies. T.D. 9926, published on November 30, 2020 (84
gain subject to tax under section 864(c)(8) upon the
FR 76910), contains final regulations (“the section 1446(f)
transfer of an interest in a partnership and that would be
regulations”) relating to the withholding and reporting
subjected to withholding under section 1446(f) on the
required under section 1446(f), including for transfers of
transfer.
interests in publicly traded partnerships (“PTPs”).
Withholding on transfers of interests in PTPs and the Electronic signature. These instructions have been
revisions included in the section 1446(f) regulations updated to include additional guidance included in the
relating to withholding on PTP distributions under section final regulations issued under chapter 3 (T.D. 9890)
1446(a) apply to transfers and distributions that occur on concerning the use of electronic signatures on withholding
or after January 1, 2023. See Notice 2021-51, 2021-36 certificates. See Certification in Part XXX, later, and
I.R.B. 361, for more information. The provisions in the Regulations section 1.1441-1(e)(4)(i)(B).
section 1446(f) regulations relating to withholding and
reporting on transfers of interests in partnerships that are Reminder
not PTPs generally apply to transfers occurring after
January 29, 2021. These instructions have been updated Note. If you are a resident in a FATCA partner jurisdiction
to incorporate the use of this form by certain entities that (that is, a Model 1 IGA jurisdiction with reciprocity), certain
are transferors of an interest in a partnership subject to tax account information may be provided to your
withholding on the amount realized from the transfer. See jurisdiction of residence.
Pub. 515 for an additional discussion of section 1446(f)
withholding, including the effective dates of each
General Instructions
provision.
Line 4. Line 4, “Type of entity,” has been updated. The For definitions of terms used throughout these
general classification for foreign government has been instructions, see Definitions, later.
removed and replaced with the two possible
classifications for a foreign government: (i) an integral part Purpose of Form
of a foreign government; or (ii) an entity that is controlled This form is used by foreign entities to document their
by a foreign government. See Temporary Regulations statuses for purposes of chapter 3 and chapter 4, as well
section 1.892-2T. See the instructions for Line 4, later. as for certain other Code provisions as described later in
these instructions.
New Line 9c. New line 9c, “FTIN not legally required,”
has been added for account holders otherwise required to Foreign persons are subject to U.S. tax at a 30% rate
provide a foreign tax identification number (FTIN) on on income they receive from U.S. sources that consists of:
line 9b, to indicate that they are not legally required to • Interest (including certain original issue discount (OID));

Sep 27, 2021 Cat. No. 59691Z

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• Dividends;                                                not apply to payments of interest for which the recipient is 
• Rents;                                                    a 10 percent shareholder of the payer or to payments of 
• Royalties;                                                interest received by a controlled foreign corporation from 
• Premiums;                                                 a related person. See sections 881(c)(3) and 881(c)(5). A 
• Annuities;                                                future version of this form may require that persons 
• Compensation for, or in expectation of, services          receiving interest payments to which this form relates 
performed;                                                  identify any obligation with respect to which they have one 
• Substitute payments in a securities lending transaction;  of these prohibited relationships.
or
• Other fixed or determinable annual or periodical gains,         You may also be required to submit Form W-8BEN-E to 
profits, or income.                                         claim an exception from domestic information reporting on 
                                                            Form 1099 and backup withholding (at the backup 
  This tax is imposed on the gross amount paid and is       withholding rate under section 3406) for certain types of 
generally collected by withholding under section 1441 or    income. Such income includes:
1442 on that amount. A payment is considered to have            • Broker proceeds.
been made whether it is made directly to the beneficial         • Short-term (183 days or less) original issue discount 
owner or to another person, such as an intermediary,        (short-term OID).
agent, or partnership, for the benefit of the beneficial        • Bank deposit interest.
owner.                                                          • Foreign source interest, dividends, rents, or royalties.
  Section 1446(a) requires a partnership conducting a             Provide Form W-8BEN-E to the withholding agent or 
trade or business in the United States to withhold tax on a payer before income is paid or credited to you. Failure to 
foreign partner’s allocable share of the partnership’s      provide a Form W-8BEN-E when requested may lead to 
effectively connected taxable income. In addition, section  withholding at a 30% rate or the backup withholding rate 
1446(f) generally requires a transferee of a partnership    in certain cases when you receive a payment to which 
interest (or a broker in the case of a transfer of a PTP    backup withholding applies.
interest) to withhold on the amount realized from the 
transfer when any portion of the gain from the transfer is        In addition to the requirements of chapter 3, chapter 4 
treated as effectively connected gain under section 864(c)  requires withholding agents to identify the chapter 4 status 
(8). Generally, a foreign person that is a partner in a     of entities that are payees receiving withholdable 
partnership that submits a Form W-8BEN-E for purposes       payments. A withholding agent may request this Form 
of section 1441 or 1442 will satisfy the documentation      W-8BEN-E to establish your chapter 4 status and avoid 
requirements under section 1446(a) or (f) as well.          withholding at a 30% rate on such payments.
However, in some cases the documentation requirements             Chapter 4 also requires participating FFIs and certain 
of sections 1441 and 1442 do not match the                  registered deemed-compliant FFIs to document their 
documentation requirements of section 1446(a) or (f). See   entity account holders in order to determine their 
Regulations sections 1.1446-1 through 1.1446-6 (for         chapter 4 statuses regardless of whether withholding 
documentation requirements under section 1446(a)) and       applies to any payments made to the entities. If you are an 
Regulations sections 1.1446(f)-2 and 1.1446(f)-4 (for       entity maintaining an account with an FFI, the FFI may 
documentation requirements under section 1446(f)).          request that you provide this Form W-8BEN-E in order to 
  A withholding agent or payer of the income may rely on    document your chapter 4 status.
a properly completed Form W-8BEN-E to treat a payment       Additional information.     For additional information and 
associated with the Form W-8BEN-E as a payment to a         instructions for the withholding agent, see the Instructions 
foreign person who beneficially owns the amounts paid. If   for the Requester of Forms W-8BEN, W-8BEN-E, 
applicable, the withholding agent may rely on the Form      W-8ECI, W-8EXP, and W-8IMY.
W-8BEN-E to apply a reduced rate of, or exemption from, 
withholding. If you receive certain types of income, you    Who Must Provide Form W-8BEN-E
must provide Form W-8BEN-E to:                              You must give Form W-8BEN-E to the withholding agent 
• Claim that you are the beneficial owner of the income     or payer if you are a foreign entity receiving a withholdable 
for which Form W-8BEN-E is being provided or a partner      payment from a withholding agent, receiving a payment 
in a partnership subject to section 1446; and               subject to chapter 3 withholding, or if you are an entity 
• If applicable, claim a reduced rate of, or exemption      maintaining an account with an FFI requesting this form.
from, withholding as a resident of a foreign country with       • You must provide Form W-8EN-E to the 6050Y(b) 
which the United States has an income tax treaty.           issuer (as defined under Regulations section 
  You may also use Form W-8BEN-E to identify income         1.6050Y-1(a)(8)(iii)), to establish your foreign status if you 
from a notional principal contract that is not effectively  are a foreign entity (other than a partnership, simple trust 
connected with the conduct of a trade or business in the    or grantor trust) that is the seller of a life insurance 
United States to establish the exception to reporting such  contract under section 6050Y(b) (excluding a payment of 
income on Form 1042-S. See Regulations section              effectively connected income). See Regulations section 
1.1461-1(c)(2)(ii)(F).                                      1.6050Y-3.
                                                                • You must also provide Form W-8BEN-E to the payor 
  Form W-8BEN-E may also be used to claim an                (as defined under Regulations section 1.6050Y-1(a)(11)), 
exemption from withholding for portfolio interest pursuant  to establish your foreign status if you are an entity 
to section 881(c). The portfolio interest exemption does    receiving a payment of reportable death benefits for 

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purposes of section 6050Y(b) (other than a foreign government of a U.S. possession claiming the
partnership or a grantor or simple trust receiving a applicability of section 115(2), 501(c), 892, 895, or
payment of reportable death benefits or a payment of 1443(b). Instead, provide Form W-8EXP, Certificate of
effectively connected income that is subject to chapter 3 Foreign Government or Other Foreign Organization for
withholding). See Regulations section 1.6050Y-4. United States Tax Withholding and Reporting, to certify to
your exemption and identify your chapter 4 status.
Do not use Form W-8BEN-E. Do not use Form
However, you should provide Form W-8BEN-E if you are
W-8BEN-E if:
claiming treaty benefits, and you may provide this form if
• You are a U.S. person (including U.S. citizens, resident
you are only claiming you are a foreign person exempt
aliens, and entities treated as U.S. persons, such as a
from backup withholding or documenting your chapter 4
corporation organized under the law of a state). Instead,
status. For example, a foreign tax-exempt organization
use Form W-9, Request for Taxpayer Identification
under section 501(c) receiving royalty income that is not
Number and Certification.
exempt because it is taxable as unrelated business
• You are a foreign insurance company that has made an
income but that is eligible for a reduced rate of withholding
election under section 953(d) to be treated as a U.S.
under a royalty article of a tax treaty should provide Form
person. Instead, provide a withholding agent with Form
W-9 to certify to your U.S. status even if you are W-8BEN-E. You should use Form W-8ECI if you are
considered an FFI for purposes of chapter 4. receiving effectively connected income (for example,
income from commercial activities that is not exempt
• You are a nonresident alien individual. Instead, use
under an applicable section of the Code).
Form W-8BEN, Certificate of Foreign Status of Beneficial
Owner for United States Tax Withholding and Reporting • You are a foreign reverse hybrid entity transmitting
documentation provided by your interest holders to claim
(Individuals), or Form 8233, Exemption From Withholding
treaty benefits on their behalf. Instead, provide Form
on Compensation for Independent (and Certain
W-8IMY. A foreign reverse hybrid entity also may not use
Dependent) Personal Services of a Nonresident Alien
this form to attempt to claim treaty benefits on its own
Individual, as applicable.
behalf. See Foreign Reverse Hybrid Entities,later.
• You are a disregarded entity, branch, or flow-through
entity for U.S. tax purposes. However, you may use this • You are a withholding foreign partnership or a
withholding foreign trust within the meaning of sections
form if you are a disregarded entity or flow-through entity
1441 through 1443 and the accompanying regulations.
using this form either solely to document your chapter 4
Instead, provide Form W-8IMY.
status (because you hold an account with an FFI) or, if you
are a disregarded entity or a partnership, to claim treaty • You are a foreign partnership or foreign grantor trust
providing documentation for purposes of section 1446(a).
benefits because you are a hybrid entity liable to tax as a
Instead, provide Form W-8IMY and accompanying
resident for treaty purposes. See Hybrid Entity Making a
Claim of Treaty Benefits under Special Instructions, later. documentation.
A flow-through entity may also use this form for purposes • You are a foreign partnership or foreign grantor trust
that is the transferor of a partnership interest for purposes
of documenting itself as a participating payee for
of section 1446(f). Instead, provide Form W-8IMY.
purposes of section 6050W. If you are a disregarded
entity with a single owner or branch of an FFI, the single • You are a foreign branch of a U.S. financial institution
that is an FFI (other than a qualified intermediary branch)
owner, if such owner is a foreign person, should provide
under an applicable Model 1 IGA. For purposes of
Form W-8BEN or Form W-8BEN-E (as appropriate). If the
identifying yourself to withholding agents, you may submit
single owner is a U.S. person, a Form W-9 should be
Form W-9 to certify to your U.S. status.
provided. If you are a partnership, you should provide a
Form W-8IMY, Certificate of Foreign Intermediary, Giving Form W-8BEN-E to the withholding agent. Do
Foreign Flow-Through Entity, or Certain U.S. Branches for not send Form W-8BEN-E to the IRS. Instead, give it to
United States Tax Withholding and Reporting. the person who is requesting it from you. Generally, this
• You are acting as an intermediary (that is, acting not for will be the person from whom you receive the payment,
your own account, but for the account of others as an who credits your account, or a partnership that allocates
agent, nominee, or custodian), a qualified intermediary income to you. An FFI may also request this form from you
(including a qualified intermediary acting as a qualified to document the status of your account.
derivatives dealer), or a qualified securities lender (QSL).
When to provide Form W-8BEN-E to the withholding
Instead, provide Form W-8IMY.
agent. Give Form W-8BEN-E to the person requesting it
• You are receiving income that is effectively connected
before the payment is made to you, credited to your
with the conduct of a trade or business in the United
account, or allocated. If you do not provide this form, the
States, unless it is allocable to you through a partnership.
withholding agent may have to withhold at the 30% rate
Instead, provide Form W-8ECI, Certificate of Foreign
(as applicable under chapters 3 or 4), backup withholding
Person’s Claim That Income Is Effectively Connected
rate, or the rate applicable under section 1446. If you
With the Conduct of a Trade or Business in the United receive more than one type of income from a single
States. If any of the income for which you have provided a
withholding agent for which you claim different benefits,
Form W-8BEN-E becomes effectively connected, this is a
the withholding agent may, at its option, require you to
change in circumstances and the Form W-8BEN-E is no
submit a Form W-8BEN-E for each type of income.
longer valid.
Generally, a separate Form W-8BEN-E must be given to
• You are filing for a foreign government, international
each withholding agent.
organization, foreign central bank of issue, foreign
tax-exempt organization, foreign private foundation, or

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Note. If you own the income with one or more other through 1.1001-5) and section 752 (including Regulations
persons, the income will be treated by the withholding sections 1.752-1 through 1.752-7). See Regulations
agent as owned by a foreign person that is a beneficial section 1.1446(f)-2(c)(2). An amount realized on the
owner of a payment only if Form W-8BEN or W-8BEN-E transfer of a PTP interest is the amount of gross proceeds
(or other applicable document) is provided by each of the (as defined in Regulations section 1.6045-1(d)(5)) paid or
owners. An account will be treated as a U.S. account for credited to a partner or broker (as applicable) that is a
chapter 4 purposes by an FFI requesting this form if any of transferor of the interest. The amount realized on a PTP
the account holders is a specified U.S. person or a distribution is the amount of the distribution reduced by
U.S.-owned foreign entity (unless the account is otherwise the portion of the distribution that is attributable to the
excepted from U.S. account status for chapter 4 cumulative net income of the partnership (as determined
purposes). under Regulations section 1.1446(f)-4(c)(2)(iii)).
Change in circumstances. If a change in Amounts subject to chapter 3 withholding. Generally,
circumstances makes any information on the Form an amount subject to chapter 3 withholding is an amount
W-8BEN-E you have submitted incorrect for purposes of from sources within the United States that is fixed or
either chapter 3 or chapter 4, you must notify the determinable annual or periodical (FDAP) income
withholding agent or financial institution maintaining your (including such an amount on a PTP distribution unless
account within 30 days of the change in circumstances by indicated otherwise). FDAP income is all income included
providing the documentation required in Regulations in gross income, including interest (as well as OID),
section 1.1471-3(c)(6)(ii)(E)(2). See Regulations sections dividends, rents, royalties, and compensation. Amounts
1.1441-1(e)(4)(ii)(D) for the definition of change in subject to chapter 3 withholding do not include amounts
circumstances for purposes of chapter 3, and 1.1471-3(c) that are not FDAP, such as most gains from the sale of
(6)(ii)(E) for purposes of chapter 4. property (including market discount and option
premiums), as well as other specific items of income
With respect to an FFI claiming a chapter 4 status
described in Regulations section 1.1441-2 (such as
! under an applicable IGA, a change in interest on bank deposits and short-term OID).
CAUTION circumstances includes when the jurisdiction
where the FFI is organized or resident (or the jurisdiction For purposes of section 1446(a), the amount subject to
identified in Part II of the form) was included on the list of withholding is the foreign partner’s share of the
jurisdictions treated as having an intergovernmental partnership’s effectively connected taxable income. For
agreement in effect and is removed from that list or when purposes of section 1446(f), the amount subject to
the FATCA status of the jurisdiction changes (for withholding is the amount realized on the transfer of a
example, from Model 2 to Model 1). The list of partnership interest.
agreements is maintained at www.treasury.gov/resource- Beneficial owner. For payments other than those for
center/tax-policy/treaties/Pages/FATCA-Archive.aspx. which a reduced rate of, or exemption from, withholding is
claimed under an income tax treaty, the beneficial owner
Expiration of Form W-8BEN-E. Generally, a Form of income is generally the person who is required under
W-8BEN-E will remain valid for purposes of both chapters U.S. tax principles to include the payment in gross income
3 and 4 for a period starting on the date the form is signed on a tax return. A person is not a beneficial owner of
and ending on the last day of the third succeeding income, however, to the extent that person is receiving the
calendar year, unless a change in circumstances makes income as a nominee, agent, or custodian, or to the extent
any information on the form incorrect. For example, a the person is a conduit whose participation in a
Form W-8BEN signed on September 30, 2014, remains transaction is disregarded. In the case of amounts paid
valid through December 31, 2017. that do not constitute income, beneficial ownership is
However, under certain conditions a Form W-8BEN-E determined as if the payment were income.
will remain in effect indefinitely absent a change of Foreign partnerships, foreign simple trusts, and foreign
circumstances. See Regulations sections 1.1441-1(e)(4) grantor trusts are not the beneficial owners of income paid
(ii) and 1.1471-3(c)(6)(ii) for the period of validity for to the partnership or trust. The beneficial owners of
chapters 3 and 4 purposes, respectively. income paid to a foreign partnership are generally the
Definitions partners in the partnership, provided that the partner is not
itself a partnership, foreign simple or grantor trust,
Account holder. An account holder is generally the nominee or other agent. The beneficial owners of income
person listed or identified as the holder or owner of a paid to a foreign simple trust (that is, a foreign trust that is
financial account. For example, if a partnership is listed as described in section 651(a)) are generally the
the holder or owner of a financial account, then the beneficiaries of the trust, if the beneficiary is not a foreign
partnership is the account holder, rather than the partners partnership, foreign simple or grantor trust, nominee, or
of the partnership. However, an account that is held by a other agent. The beneficial owners of income paid to a
disregarded entity (other than a disregarded entity treated foreign grantor trust (that is, a foreign trust to the extent
as an FFI for chapter 4 purposes) is treated as held by the that all or a portion of the income of the trust is treated as
entity's single owner. owned by the grantor or another person under sections
Amount realized. For purposes of section 1446(f), an 671 through 679) are the persons treated as the owners of
amount realized on the transfer of an interest in a the trust. The beneficial owners of income paid to a
partnership other than a PTP is as determined under foreign complex trust (that is, a foreign trust that is not a
section 1001 (including Regulations sections 1.1001-1

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foreign simple trust or foreign grantor trust) is the trust Certain entities that are disregarded for U.S. tax
itself. purposes may be treated as treaty residents for purposes
Generally, for purposes of section 1446(a) or (f), the of claiming treaty benefits under an applicable tax treaty
same beneficial owner rules apply, except that under or may be recognized as FFIs under an applicable IGA. A
section 1446(a) or (f) a foreign simple trust is required to hybrid entity claiming treaty benefits on its own behalf is
provide a Form W-8BEN-E on its own behalf, rather than required to complete Form W-8BEN-E. See Hybrid Entity
on behalf of the beneficiary of such trust. Making a Claim of Treaty Benefits under Special
Instructions, later.
The beneficial owner of income paid to a foreign estate
is the estate itself. A disregarded entity with a U.S. owner or a disregarded
entity with a foreign owner that is not otherwise able to fill
A payment to a U.S. partnership, U.S. trust, or U.S.
out Part II (that is, because it is in the same country as its
estate is treated as a payment to a U.S. payee. A U.S.
single owner and does not have a GIIN) may provide this
partnership, trust, or estate should provide the withholding
form to an FFI solely for purposes of documenting itself for
agent with a Form W-9 pertaining to itself. However, for
chapter 4 purposes. In such a case, the disregarded entity
purposes of section 1446(a), a U.S. grantor trust or
should complete Part I as if it were a beneficial owner and
disregarded entity shall not provide the withholding agent
should not complete line 3.
a Form W-9. Instead, the entity must provide an
applicable Form W-8 or Form W-9 pertaining to each Financial account. A financial account includes:
grantor or owner, as appropriate, and, in the case of a • A depository account maintained by an FFI;
trust, a statement identifying the portion of the trust • A custodial account maintained by an FFI;
treated as owned by each such person. For purposes of • Equity or debt interests (other than interests regularly
section 1446(f), the grantor or owner must provide an traded on an established securities market) in investment
applicable Form W-8 or Form W-9 to certify its status and entities and certain holding companies, treasury centers,
the amount realized allocable to the grantor or owner, or financial institutions as defined in Regulations section
which, alternatively, can be provided by the U.S. grantor 1.1471-5(e);
trust on behalf of a grantor or owner. • Certain cash value insurance contracts; and
• Annuity contracts.
Chapter 3. Chapter 3 means chapter 3 of the Internal
Revenue Code (Withholding of Tax on Nonresident Aliens For purposes of chapter 4, exceptions are provided for
and Foreign Corporations). Chapter 3 contains sections accounts such as certain tax-favored savings accounts,
1441 through 1464, excluding sections 1445 and 1446. term life insurance contracts, accounts held by estates,
escrow accounts, and certain annuity contracts. These
Chapter 4. Chapter 4 means chapter 4 of the Internal exceptions are subject to certain conditions. See
Revenue Code (Taxes to Enforce Reporting on Certain Regulations section 1.1471-5(b)(2). Accounts may also
Foreign Accounts). Chapter 4 contains sections 1471 be excluded from the definition of financial account under
through 1474. an applicable IGA.
Chapter 4 status. The term chapter 4 status means a Financial institution. A financial institution generally
person’s status as a U.S. person, specified U.S. person, means an entity that is a depository institution, custodial
foreign individual, participating FFI, deemed-compliant institution, investment entity, or an insurance company (or
FFI, restricted distributor, exempt beneficial owner, holding company of an insurance company) that issues
nonparticipating FFI, territory financial institution, cash value insurance or annuity contracts. See
excepted NFFE, or passive NFFE. Regulations section 1.1471-5(e).
Deemed-compliant FFI. Under section 1471(b)(2), An investment entity organized in a territory that is not
certain FFIs are deemed to comply with the regulations also a depository institution, custodial institution, or
under chapter 4 without the need to enter into an FFI specified insurance company is not treated as a financial
agreement with the IRS. However, certain institution. Instead, it is a territory NFFE. If such an entity
deemed-compliant FFIs are required to register with the cannot qualify as an excepted NFFE as described in
IRS and obtain a GIIN. These FFIs are referred to as Regulations section 1.1472-1(c)(1) (including an excepted
registered deemed-compliant FFIs. See Regulations territory NFFE), it must disclose its substantial U.S.
section 1.1471-5(f)(1). owners using this definition (applying the 10 percent
Disregarded entity. A business entity that has a single threshold) under Regulations section 1.1473-1(b)(1).
owner and is not a corporation under Regulations section Foreign financial institution (FFI). A foreign financial
301.7701-2(b) is disregarded as an entity separate from institution (FFI) means a foreign entity that is a financial
its owner. Generally, a disregarded entity does not submit institution.
this Form W-8BEN-E to a withholding agent. Instead, the
owner of such entity provides the appropriate Fiscally transparent entity. An entity is treated as
documentation (for example, a Form W-8BEN-E if the fiscally transparent with respect to an item of income for
owner is a foreign entity). However, if a disregarded entity which treaty benefits are claimed to the extent that the
receiving a withholdable payment is an FFI outside the interest holders in the entity must, on a current basis, take
single owner’s country of organization or has its own GIIN, into account separately their shares of an item of income
its foreign owner will be required to complete Part II of paid to the entity, whether or not distributed, and must
Form W-8BEN-E to document the chapter 4 status of the determine the character of the items of income as if they
disregarded entity receiving the payment. were realized directly from the sources from which
realized by the entity. For example, partnerships, common

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trust funds, and simple trusts or grantor trusts are Nonparticipating FFI. A nonparticipating FFI means an
generally considered to be fiscally transparent with FFI that is not a participating FFI, deemed-compliant FFI,
respect to items of income received by them. or exempt beneficial owner.
Flow-through entity. A flow-through entity is a foreign Nonreporting IGA FFI. A nonreporting IGA FFI is an FFI
partnership (other than a withholding foreign partnership), that is a resident of, or located or established in, a Model
a foreign simple or foreign grantor trust (other than a 1 or Model 2 IGA jurisdiction that meets the requirements
withholding foreign trust), or, for payments for which a of:
reduced rate of, or exemption from, withholding is claimed • A nonreporting financial institution described in a
under an income tax treaty, any entity to the extent the specific category in Annex II of the Model 1 or Model 2
entity is considered to be fiscally transparent with respect IGA;
to the payment by an interest holder’s jurisdiction. • A registered deemed-compliant FFI described in
Foreign person. A foreign person includes a foreign Regulations section 1.1471-5(f)(1)(i)(A) through (F);
corporation, a foreign partnership, a foreign trust, a foreign • A certified deemed-compliant FFI described in
estate, and any other person that is not a U.S. person. It Regulations section 1.1471-5(f)(2)(i) through (v); or
also includes a foreign branch or office of a U.S. financial • An exempt beneficial owner described in Regulations
institution or U.S. clearing organization if the foreign section 1.1471-6.
branch is a qualified intermediary. Generally, a payment to Participating FFI. A participating FFI is an FFI that has
a U.S. branch of a foreign person is a payment to a foreign agreed to comply with the terms of an FFI agreement with
person. respect to all branches of the FFI, other than a branch that
GIIN. The term GIIN means a global intermediary is a reporting Model 1 FFI or a U.S. branch. The term
identification number. A GIIN is the identification number participating FFI also includes a reporting Model 2 FFI and
assigned to an entity that has registered with the IRS for a QI branch of a U.S. financial institution unless such
chapter 4 purposes. branch is a reporting Model 1 FFI.
Hybrid entity. A hybrid entity is any person (other than Participating payee. A participating payee means any
an individual) that is treated as fiscally transparent for person that accepts a payment card as payment or
purposes of its status under the Code but is not treated as accepts payment from a third party settlement
fiscally transparent by a country with which the United organization in settlement of a third party network
States has an income tax treaty. Hybrid entity status is transaction for purposes of section 6050W.
relevant for claiming treaty benefits. A hybrid entity is Payee. A payee is generally a person to whom a
required to provide its chapter 4 status if it is receiving a payment is made regardless of whether such person is
withholdable payment. the beneficial owner. For a payment made to a financial
Intergovernmental agreement (IGA). An account, the payee is generally the holder of the financial
intergovernmental agreement (IGA) means a Model 1 IGA account. See Regulations sections 1.1441-1(b)(2) and
or a Model 2 IGA. For a list of jurisdictions treated as 1.1471-3(a)(3).
having in effect a Model 1 or Model 2 IGA, see Payment settlement entity (PSE). A payment
www.treasury.gov/resource-center/tax-policy/treaties/ settlement entity is a merchant acquiring entity or third
Pages/FATCA-Archive.aspx. party settlement organization. Under section 6050W, a
A Model 1 IGA means an agreement between the PSE is generally required to report payments made in
United States or the Treasury Department and a foreign settlement of payment card transactions or third party
government or one or more agencies to implement network transactions. However, a PSE is not required to
FATCA through reporting by FFIs to such foreign report payments made to a beneficial owner that is
government or agency, followed by automatic exchange documented as foreign with an applicable Form W-8.
of the reported information with the IRS. An FFI in a Model
Publicly Traded Partnership (PTP). A PTP is an entity
1 IGA jurisdiction that performs account reporting to the that has the same meaning as in section 7704 and
jurisdiction’s government is referred to as a reporting
Regulations section 1.7704-4 but does not include a PTP
Model 1 FFI. treated as a corporation under that section.
A Model 2 IGA means an agreement or arrangement
between the United States or the Treasury Department PTP interest. A PTP interest is an interest in a PTP if the
and a foreign government or one or more agencies to interest is publicly traded on an established securities
implement FATCA through reporting by FFIs directly to market or is readily tradable on a secondary market (or
the IRS in accordance with the requirements of an FFI the substantial equivalent thereof).
agreement, supplemented by the exchange of information Qualified intermediary (QI). A qualified intermediary
between such foreign government or agency and the IRS. (QI) is a person that is a party to an agreement with the
An FFI in a Model 2 IGA jurisdiction that has entered into IRS that is described in Regulations section 1.1441-1(e)
an FFI agreement with respect to a branch is a (5)(iii). A qualified derivatives dealer (QDD) is a QI that
participating FFI but may be referred to as a reporting has agreed to certain reporting and withholding
Model 2 FFI. requirements pursuant to Regulations section 1.1441-1(e)
The term reporting IGA FFI refers to both reporting (6).
Model 1 FFIs and reporting Model 2 FFIs. Recalcitrant account holder. A recalcitrant account
holder includes an entity (other than an entity required to

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be treated as a nonparticipating FFI) that fails to comply use Form W-9 to certify its status as a U.S. person for
with a request by an FFI maintaining the account for chapter 3 and chapter 4 purposes.
documentation and information for determining whether
the account is a U.S. account. See Regulations section Withholdable payment. A withholdable payment is
1.1471-5(g). defined in Regulations section 1.1473-1(a). For
exceptions applicable to the definition of a withholdable
Reverse hybrid entity. A reverse hybrid entity is any
payment, see Regulations section 1.1473-1(a)(4) (for
person (other than an individual) that is not fiscally
example, certain nonfinancial payments).
transparent under U.S. tax law principles but that is
fiscally transparent under the laws of a jurisdiction with Withholding agent. Any person, U.S. or foreign, that has
which the United States has an income tax treaty. See control, receipt, custody, disposal, or payment of U.S.
Form W-8IMY and the accompanying instructions for source FDAP income subject to chapter 3 or 4 withholding
information on a reverse hybrid entity making a claim of is a withholding agent. The withholding agent may be an
treaty benefits on behalf of its owners. individual, corporation, partnership, trust, association, or
any other entity, including (but not limited to) any foreign
Specified U.S. person. A specified U.S. person is any
intermediary, foreign partnership, and U.S. branches of
U.S. person other than a person identified in Regulations
certain foreign banks and insurance companies.
section 1.1473-1(c).
For purposes of section 1446(a), the withholding agent
Substantial U.S. owner. A substantial U.S. owner (as is the partnership conducting the trade or business in the
defined in Regulations section 1.1473-1(b)) means any United States. For a partnership distribution made by a
specified U.S. person that: PTP, the withholding agent for purposes of section
• Owns, directly or indirectly, more than 10 percent (by 1446(a) may be the PTP, a nominee holding an interest
vote or value) of the stock of any foreign corporation; on behalf of a foreign person, or both. See Regulations
• Owns, directly or indirectly, more than 10 percent of the sections 1.1446-1 through 1.1446-6.
profits or capital interests in a foreign partnership;
• Is treated as an owner of any portion of a foreign trust
under sections 671 through 679; or Specific Instructions
• Holds, directly or indirectly, more than a 10 percent
beneficial interest in a trust. Part I – Identification
Transfer. A transfer is a sale, exchange, or other of Beneficial Owner
disposition of a partnership interest, and includes a Line 1. Enter your name. If you are a disregarded entity
distribution from a partnership to a partner, as well as a or branch, do not enter your business name. Instead,
transfer treated as a sale or exchange under section enter the legal name of your owner (or, if you are a
707(a)(2)(B). branch, the entity that you form a part of) (looking through
Transferee. A transferee is any person, foreign or multiple disregarded entities if applicable). If you are a
domestic, that acquires a partnership interest through a disregarded entity that is a hybrid entity filing a treaty
transfer and includes a partnership that makes a claim, however, see Hybrid Entity Making a Claim of
distribution. Treaty Benefits under Special Instructions, later.
Transferor. A transferor is any person, foreign or If you are an account holder providing this form to
domestic, that transfers a partnership interest. In the case TIP an FFI solely for purposes of documenting
of a trust, to the extent all or a portion of the income of the yourself as an account holder and you are not
trust is treated as owned by the grantor or another person receiving a withholdable payment or reportable amount
under sections 671 through 679 (such trust, a grantor (as defined in Regulations section 1.1441-1(e)(3)(vi)), you
trust), the term transferor means the grantor or other should complete Part I by substituting the references to
person. “beneficial owner” with “account holder.”

U.S. person. A U.S. person is defined in section 7701(a) The named holder on the account is not
(30) and includes domestic partnerships, corporations, ! necessarily the account holder for purposes of
and trusts. CAUTION chapter 4. See Definitions, earlier, or, for an
Certain foreign insurance companies issuing account maintained by an FFI covered by a Model 1 or
! annuities or cash value insurance contracts that Model 2 IGA with respect to the account, the definition of
CAUTION elect to be treated as a U.S. person for federal tax account holder in an applicable IGA to determine if you
purposes but are not licensed to do business in the United are the account holder. If you hold an account with an FFI
States are treated as FFIs for purposes of chapter 4. For and are unsure whether the definition of “account holder”
purposes of providing a withholding agent with under an IGA is applicable to your account, consult with
documentation for both chapter 3 and chapter 4 purposes, the FFI requesting this form.
however, such an insurance company is permitted to use
Form W-9 to certify its status as a U.S. person. Likewise, Line 2. If you are a corporation, enter your country of
a foreign branch of a U.S. financial institution (other than a incorporation. If you are another type of entity, enter the
branch that operates as a qualified intermediary) that is country under whose laws you are created, organized, or
treated as an FFI under an applicable IGA is permitted to governed.

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Line 3. If you are a disregarded entity receiving a Line 5. Check the one box that applies to your chapter 4
withholdable payment, enter your name on line 3 if you: 1) status. You are only required to provide a chapter 4 status
have registered with the IRS and been assigned a GIIN on this form if you are the payee of a withholdable
associated with the legal name of the disregarded entity; payment or are documenting the status of a financial
2) are a reporting Model 1 FFI or reporting Model 2 FFI; account you hold with an FFI requesting this form. By
and 3) are not a hybrid entity using this form to claim checking a box on this line, you are representing that you
treaty benefits. qualify for this classification in your country of residence.
If you are not required to provide the legal name of For most of the chapter 4 statuses, you are
! the disregarded entity, you may want to notify the TIP required to complete an additional part of this form
CAUTION withholding agent that you are a disregarded certifying that you meet the conditions of the
entity receiving a payment or maintaining an account by status indicated on line 5. Complete the required portion
indicating the name of the disregarded entity on line 10. If of this form before signing and providing it to the
you wish to report the name of a disregarded entity withholding agent. See Entities Providing Certifications
holding an account with the withholding agent requesting Under an Applicable IGA under Special Instructions, later.
this form for only information purposes (that is, the
disregarded entity is not reported on line 1 or in Part II of FFIs Covered by an IGA and Related Entities
this form), you may enter the disregarded entity's name on
A reporting IGA FFI resident in, or established under the
line 3.
laws of, a jurisdiction covered by a Model 1 IGA should
Line 4. Check the one box that applies. By checking a check “Reporting Model 1 FFI.” A reporting FFI resident
box, you are representing that you qualify for the in, or established under the laws of, a jurisdiction covered
classification indicated. You must check the box that by a Model 2 IGA should check “Reporting Model 2 FFI.” If
represents your classification (for example, corporation, you are treated as a registered deemed-compliant FFI
partnership, trust, estate, etc.) under U.S. tax principles under an applicable IGA, you should check “Nonreporting
(not under the law of a treaty country). To determine IGA FFI” rather than “registered deemed-compliant FFI”
whether you are an integral part of a foreign government and provide your GIIN.
or an entity that is controlled by a foreign government, see In general, if you are treated as a nonreporting IGA FFI
Temporary Regulations section 1.892-2T. If you are under an applicable IGA, you should check “Nonreporting
providing Form W-8BEN-E to an FFI solely for purposes IGA FFI” even if you meet the qualifications for
of documenting yourself for chapter 4 purposes as an deemed-compliant status or are an exempt beneficial
account holder of an account maintained by an FFI, you owner under the chapter 4 regulations. In such a case,
do not need to complete line 4. you should not also check your applicable status under
If you are a partnership, disregarded entity, simple the regulations but should provide your GIIN on line 9, if
trust, or grantor trust receiving a payment for which treaty applicable. If you are an owner-documented FFI that is
benefits are being claimed by such entity, you must check treated as a nonreporting IGA FFI under an applicable
the “Partnership,” “Disregarded entity,” “Simple trust,” or IGA you must check “Owner-documented FFI” and
“Grantor trust” box. For such a case, you must also check complete Part X.
the “yes” box to indicate that you are a hybrid entity An FFI that is related to a reporting IGA FFI and that is
making a treaty claim. You may only check the “no” box if treated as a nonparticipating FFI in its country of
(1) you are a disregarded entity, partnership, simple trust, residence should check “Nonparticipating FFI” on line 5.
or grantor trust and are using the form solely for purposes
of documenting yourself as an account holder of an FFI If you are an FFI in a jurisdiction treated as having an
and the form is not associated with a withholdable IGA in effect, you should not check “Participating FFI” but
payment or a reportable amount or (2) you are using this rather should check “Reporting Model 1 FFI” or “Reporting
form solely for purposes of documenting your status as a Model 2 FFI” as applicable. See www.treasury.gov/
participating payee for purposes of section 6050W. In resource-center/tax-policy/treaties/Pages/FATCA-
such cases, you are not required to complete line 4, but Archive.aspx for a list of jurisdictions treated as having an
you may check the “no” box if you choose to complete IGA in effect.
line 4. You may also use Form W-8IMY to document
yourself as an account holder of an FFI. Non-Profit Organizations Covered by an IGA
If you are a non-profit entity that is established and
Only entities that are tax-exempt under section
maintained in a jurisdiction treated as having an IGA in
! 501(c) should check the “Tax-exempt effect and you meet the definition of “active NFFE”under
CAUTION organization” box for purposes of line 4. Such
Annex I of the applicable IGA, you should not check a box
organizations should use Form W-8BEN-E only if they are
on line 5 if you are providing this form to an FFI for
claiming a reduced rate of withholding under an income
purposes of documenting yourself as an account holder.
tax treaty or a Code exception other than section 501(c) or
Instead, you should provide a certification of your status
if they are using this form solely for purposes of
under the IGA. See Entities Providing Certifications Under
documenting themselves as an account holder with an
an Applicable IGA under Special Instructions, later.
FFI. However, if you are a private foundation you should
check “Private Foundation” instead of “Tax-exempt Account That Is Not a Financial Account
organization.”
If you are providing this form to document an account you
hold with a foreign financial institution that is not a

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financial account under Regulations section 1.1471-5(b) If you need an EIN, you are encouraged to apply
(2), check the “Account that is not a financial account” box TIP for one online instead of submitting a paper Form
on line 5. SS-4. For more information, visit IRS.gov/EIN.
Line 6. Enter the permanent residence address of the
Line 9a. If you are a participating FFI, registered
entity identified on line 1. Your permanent residence
deemed-compliant FFI (including a sponsored FFI
address is the address in the country where you claim to
described in the Treasury regulations), reporting Model 1
be a resident for purposes of that country’s income tax. If
FFI, reporting Model 2 FFI, direct reporting NFFE, trustee
you are giving Form W-8BEN-E to claim a reduced rate of,
of a trustee-documented trust that is a foreign person
or exemption from, withholding under an income tax
providing this form for the trust, or sponsored direct
treaty, you must determine residency in the manner
reporting NFFE, you are required to enter your GIIN (with
required by the treaty. Do not show the address of a
regard to your country of residence) on line 9a. If you are
financial institution (unless you are a financial institution
a trustee of a trustee-documented trust and you are a
providing your own address), a post office box, or an
foreign person, you should provide the GIIN that you
address used solely for mailing purposes unless it is the
received when you registered as a participating FFI or
only address you use and it appears in your organizational
reporting Model 1 FFI. If your branch is receiving the
documents (that is, your registered address). If you do not
payment and is required to be identified in Part II, you are
have a tax residence in any country, the permanent
not required to provide a GIIN on line 9a. Instead, provide
residence address is where you maintain your principal
the GIIN of your branch (if applicable) on line 13.
office.
You must provide your GIIN on line 9 if you are a
Line 7. Enter your mailing address only if it is different nonreporting IGA FFI that is (1) treated as registered
from the address on line 6. deemed-compliant under Annex II to an applicable Model
Line 8. Enter your U.S. employer identification number 2 IGA or (2) a registered deemed-compliant FFI under
(EIN). An EIN is a U.S. taxpayer identification number Regulations section 1.1471-5(f)(1).
(TIN) for entities. If you do not have a U.S. EIN, apply for If you are in the process of registering with the IRS
one on Form SS-4, Application for Employer Identification TIP as a participating FFI, registered
Number, if you are required to obtain a U.S. TIN. deemed-compliant FFI (including a sponsored
A partner in a partnership conducting a trade or FFI), reporting Model 1 FFI, reporting Model 2 FFI, direct
business in the United States will likely be allocated reporting NFFE, sponsored direct reporting NFFE, or
effectively connected taxable income. In addition, if the nonreporting IGA FFI but have not received a GIIN, you
partner transfers an interest in such a partnership, the may complete this line by writing “applied for.” However,
partner may be subject to tax under section 864(c)(8) on the person requesting this form from you must receive and
the transfer. As in either case the partner is considered verify your GIIN within 90 days.
engaged in a U.S. trade or business because it is a
partner in a partnership engaged in a U.S. trade or Line 9b. If you are providing this Form W-8BEN-E to
business, the partner is required to file a U.S. federal document yourself as an account holder with respect to a
income tax return and must have a TIN, which the partner financial account (as defined in Regulations section
is required to provide on this form. 1.1471-5(b)) that you hold at a U.S. office of a financial
You must also provide a U.S. TIN if you are: institution (including a U.S. branch of an FFI) and you
• Claiming an exemption from withholding under section receive U.S. source income reportable on Form 1042-S
871(f) for certain annuities received under qualified plans, associated with this form, you must provide on line 9b the
or FTIN issued to you by the jurisdiction in which you are a
• Claiming benefits under an income tax treaty and have tax resident identified on line 6 unless:
not provided a FTIN on line 9b. • You properly identified yourself as a government
(including a controlled entity that is a foreign government
However, a TIN is not required to be shown in order to under section 892), central bank of issue, or international
claim treaty benefits on the following items of income: organization on line 4;
• Dividends and interest from stocks and debt obligations • You are a resident of a U.S. territory; or
that are actively traded; • Your jurisdiction of residence is identified on the List of
• Dividends from any redeemable security issued by an Jurisdictions That Do Not Issue Foreign TINs at IRS.gov/
investment company registered under the Investment businesses/corporations/list-of-jurisdictions-that-do-not-
Company Act of 1940 (mutual fund); issue-foreign-tins.
• Dividends, interest, or royalties from units of beneficial You also do not need to provide an FTIN on line 9b if you
interest in a unit investment trust that are (or were upon meet the requirement for checking the box on line 9c.
issuance) publicly offered and are registered with the SEC
under the Securities Act of 1933; and In addition, if you are not using this form to document a
• Income related to loans of any of the above securities. financial account described above, you may provide the
FTIN issued to you by your jurisdiction of tax residence on
See Regulations section 1.1441-1(e)(4)(vii) for other line 9b for purposes of claiming treaty benefits (rather than
circumstances when you are required to provide a U.S. providing a U.S. TIN on line 8, if required).
TIN for an amount subject to chapter 3 withholding.
Lines 9a and 9b should accommodate the GIIN or
TIP foreign TIN, as appropriate. You may need to use
a smaller font when completing the form. If the

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GIIN or FTIN does not fit in the space provided, you may If you have multiple branches/disregarded entities
provide a GIIN or FTIN that is indicated and clearly receiving payments from the same withholding agent and
identified somewhere else on the form, or on a separate the information in Part I is the same for each branch/
attached sheet, as long as the GIIN or FTIN is clearly disregarded entity that will receive payments, a
identified as being furnished with respect to line 9a or 9b, withholding agent may accept a single Form W-8BEN-E
respectively. For example, a handwritten GIIN located just from you with a schedule attached that includes all of the
outside of line 9a with a corresponding arrow pointing to Part II information for each branch/disregarded entity
line 9a is a properly provided GIIN for this purpose. rather than separate Forms W-8BEN-E to identify each
branch/disregarded entity receiving payments associated
Line 9c. You may check the box in this line 9c if you are with the form and an allocation of the payment to each
an account holder as described for purposes of line 9b branch/disregarded entity.
and you are not legally required to obtain an FTIN from
Line 11. Check the one box that applies. If no box
your jurisdiction of residence (including if the jurisdiction
applies to the disregarded entity, you do not need to
does not issue FTINs). By checking this box you will be
complete this part. If you check reporting Model 1 FFI,
treated as having provided an explanation for not
reporting Model 2 FFI, or participating FFI, you must
providing an FTIN on line 9b. If you wish to provide a
complete line 13, later. If your branch is a branch of a
further (or other) explanation why you are not required to
reporting IGA FFI that cannot comply with the
provide an FTIN on line 9b, you may do so in the margins
requirements of an applicable IGA or the regulations
of this form or on a separate statement attached to this
under chapter 4 (a related entity), you must check "Branch
form.
treated as nonparticipating FFI."
Line 10. This line may be used by you or by the
Line 12. Enter the address of the branch or disregarded
withholding agent or FFI to include any referencing
entity.
information that is useful to the withholding agent to
document the beneficial owner. For example, withholding Line 13. If you are a reporting Model 1 FFI, reporting
agents who are required to associate the Form Model 2 FFI, or participating FFI, you must enter the GIIN
W-8BEN-E with a particular Form W-8IMY may want to on line 13 of your branch that receives the payment. If you
use line 10 for a referencing number or code that will are a disregarded entity that completed Part I, line 3 of this
make the association clear. You may also want to use form and are receiving payments associated with this
line 10 to include the number of the account for which you form, enter your GIIN. Do not enter your GIIN on line 9. If
are providing the form. If you are a single owner of a you are a U.S. branch, enter a GIIN applicable to any
disregarded entity you may use line 10 to inform the other branch of the FFI (including in its residence country).
withholding agent that the account to which a payment is
If you are in the process of registering your branch
made or credited is held in the name of the disregarded
TIP with the IRS but have not received a GIIN, you
entity (unless the name of the disregarded entity is
may complete this line by writing “applied for.”
required to be provided on line 3).
However, the person requesting this form from you must
You may also use line 10 to identify income from a receive and verify your GIIN within 90 days.
notional principal contract that is not effectively connected
with the conduct of a trade or business in the United Part III – Claim of Tax Treaty Benefits
States.
Line 14a. If you are claiming a reduced rate of, or
Part II – Disregarded Entity exemption from, withholding under an income tax treaty
or Branch Receiving Payment you must enter the country where you are a resident for
income tax treaty purposes and check the box to certify
Complete Part II for a disregarded entity that has its own
that you are a resident of that country.
GIIN and is receiving a withholdable payment, or for a
branch (including a branch that is a disregarded entity that Line 14b. If you are claiming a reduced rate of, or
does not have a GIIN) operating in a jurisdiction other than exemption from, withholding under an income tax treaty
the country of residence identified on line 2. For example, you must check the box to certify that you:
assume ABC Co., which is a participating FFI resident in • Derive the item of income for which the treaty benefit is
Country A, operates through a branch in Country B (which claimed, and
is a Model 1 IGA jurisdiction) and the branch is treated as • Meet the limitation on benefits provision contained in
a reporting Model 1 FFI under the terms of the Country B the treaty, if any.
Model 1 IGA. ABC Co. should not enter its GIIN on line 9, An item of income may be derived by either the entity
and the Country B branch should complete this Part II by receiving the item of income or by the interest holders in
identifying itself as a reporting Model 1 IGA FFI and the entity or, in certain circumstances, both. An item of
providing its GIIN on line 13. If the Country B branch income paid to an entity is considered to be derived by the
receiving the payment is a disregarded entity you may be entity only if the entity is not fiscally transparent under the
required to provide its legal name on line 3. laws of the entity’s jurisdiction with respect to the item of
If the disregarded entity receiving a withholdable income. An item of income paid to an entity shall be
TIP payment has its own GIIN, Part II should be considered to be derived by the interest holder in the
completed regardless of whether it is in the same entity only if:
country as the single owner identified in Part I. • The interest holder is not fiscally transparent in its
jurisdiction with respect to the item of income, and

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• The entity is considered to be fiscally transparent under      indirectly, by five or fewer companies that are 
the laws of the interest holder’s jurisdiction with respect to   publicly-traded corporations and that themselves meet the 
the item of income. An item of income paid directly to a         publicly-traded corporation test, as long as all companies 
type of entity specifically identified in a treaty as a resident in the chain of ownership are resident in either the United 
of a treaty jurisdiction is treated as derived by a resident of  States or the same country of residence as the subsidiary.
that treaty jurisdiction.                                           • Company that meets the ownership and base erosion 
  Limitation on benefits treaty provisions.        If you are a  test—this test generally requires that more than 50% of 
resident of a foreign country that has entered into an           the vote and value of the company's shares be owned, 
income tax treaty with the United States that contains a         directly or indirectly, by individuals, governments, 
limitation on benefits (LOB) article, you must complete          tax-exempt entities, and publicly-traded corporations 
one of the checkboxes on line 14b. You must also                 resident in the same country as the company, as long as 
complete the applicable checkbox on line 14b if you are a        all companies in the chain of ownership are resident in the 
resident of a foreign country that has entered into an           same country of residence, and less than 50% of the 
income tax treaty with the United States that does not           company's gross income is accrued or paid, directly or 
contain an LOB article. You may only check a box if the          indirectly, to persons who would not be good 
LOB article in that treaty includes a provision that             shareholders for purposes of the ownership test.
corresponds to the checkbox on which you are relying to             • Company that meets the derivative benefits test—this 
claim treaty benefits. A particular treaty might not include     test is generally limited to USMCA, EU, and EEA country 
every type of test for which a checkbox is provided. For         treaties, and may apply to all benefits or only to certain 
example, “Company that meets the derivative benefits             items of income (interest, dividends, and royalties). It 
test” is generally not available to a company resident in a      generally requires that more than 95% of the aggregate 
treaty country that is not a member of the EU, EEA, or           vote and value of the company's shares be owned, 
USMCA. In addition, each treaty LOB article that contains        directly or indirectly, by seven or fewer equivalent 
a specific test listed below may have particular                 beneficiaries (ultimate owners who are resident in an EU, 
requirements that must be met that differ from the               EEA, or USMCA country and are entitled to identical 
requirements in another treaty with regard to the same           benefits under their own treaty with the United States 
test. Accordingly, you must check the relevant treaty LOB        under one of the ownership tests included within the LOB 
article for the particular requirements associated with          article (other than the stock ownership and base erosion 
each test. In general, only one LOB checkbox is required         test)). In addition, this test requires that less than 50% of 
to claim a treaty exemption even if more than one                the company's gross income be paid or accrued, directly 
checkbox would suffice to claim the benefits of the treaty       or indirectly, to persons who would not be equivalent 
for that item of income.                                         beneficiaries.
  Each of the tests is summarized below for your general            • Company with an item of income that meets the active 
convenience but may not be relied upon for making a final        trade or business test—this test generally requires that the 
determination that you meet an LOB test. Rather you must         company be engaged in an active trade or business in its 
check the text of the LOB article itself to determine which      country of residence, that its activities in that country be 
tests are available under that treaty and the particular         substantial in relation to its U.S. activities, if the payer is a 
requirements of those tests. See Table 4, Limitation on          related party, and the income be derived in connection to 
Benefits, at IRS.gov/Individuals/International-Taxpayers/        or incidental to that trade or business.
Tax-Treaty-Tables, for a summary of the major tests                 • No LOB article in treaty—this generally requires that the 
within the Limitation on Benefits article that are relevant      entity is a resident in a foreign country that has entered 
for documenting any entity's claim for treaty benefits.          into an income tax treaty with the United States that does 
• Government—this test is met if the entity is the               not contain an LOB article.
Contracting State, political subdivision, or local authority.       • Other—for other LOB tests that are not listed above (for 
• Tax-exempt pension trust or pension fund—this test             example, a headquarters test). Identify the other test 
generally requires that more than half the beneficiaries or      relied upon. For example, if you meet the headquarters 
participants in the trust or fund be residents of the country    test under the United States-Netherlands income tax 
of residence of the trust or fund itself.                        treaty, you should write “Headquarters test, Article 26(5)” 
• Other tax-exempt organization—this test generally              in the space provided.
requires that more than half the beneficiaries, members,            • Favorable discretionary determination received—this 
or participants of religious, charitable, scientific, artistic,  test requires that the company obtain a favorable 
cultural, or educational organizations be residents of the       determination granting benefits from the U.S. competent 
country of residence of the organization.                        authority that, despite the company's failure to meet a 
• Publicly-traded corporation—this test generally requires       specific objective LOB test in the applicable treaty, it may 
the corporation's principal class of shares to be primarily      nonetheless claim the requested benefits. Unless a treaty 
and regularly traded on a recognized stock exchange in           or technical explanation specifically provides otherwise, 
its country of residence, while other treaties may permit        you may not claim discretionary benefits while your claim 
trading in either the United States or the treaty country, or    for discretionary benefits is pending.
in certain third countries if the primary place of                    If an entity is claiming treaty benefits on its own behalf, 
management is the country of residence.                          it should complete Form W-8BEN-E. If an interest holder 
• Subsidiary of publicly-traded corporation—this test            in an entity that is considered fiscally transparent in the 
generally requires that more than 50% of the vote and            interest holder’s jurisdiction is claiming a treaty benefit, 
value of the company's shares be owned, directly or              the interest holder should complete Form W-8BEN (if an 

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individual) or Form W-8BEN-E (if an entity) on its own should also use this space to set out the requirements you
behalf as the appropriate treaty resident, and the fiscally meet under the identified treaty article.
transparent entity should associate the interest holder’s The following are examples of persons who should
Form W-8BEN or Form W-8BEN-E with a Form W-8IMY complete this line:
completed by the fiscally transparent entity (see Hybrid • Exempt organizations claiming treaty benefits under the
Entity Making a Claim of Treaty Benefits under Special exempt organization articles of the treaties with Canada,
Instructions, later). Mexico, Germany, and the Netherlands.
An income tax treaty may not apply to reduce the • Foreign corporations that are claiming a preferential
rate applicable to dividends based on ownership of a
CAUTION by an entity that is treated as a domestic
! amount of any tax on an item of income received specific percentage of stock in the entity paying the
corporation for U.S. tax purposes. Therefore, neither the dividend and owning the stock for a specified period of
domestic corporation nor its shareholders are entitled to time. Such persons should provide the percentage of
the benefits of a reduction of U.S. income tax on an item ownership and the period of time they owned the stock.
of income received from U.S. sources by the corporation. For example, under the United States-Italy treaty, to claim
the 5% dividend rate, the Italian corporation must own
If you are an entity that derives the income as a 25% of the voting stock for a 12-month period.
TIP resident of a treaty country, you must check the In addition, for example, if you qualify for and are
box “No LOB article in treaty” if the applicable claiming a zero rate on dividend payments under Article
income tax treaty does not contain a “limitation on 10(3) of the United States-Germany income tax treaty,
benefits” provision. you should fill out line 15 with “Article 10(3),” “0,” and
“dividends” in the spaces provided. In the space provided
Line 14c. If you are a foreign corporation claiming treaty for an explanation, you may write that you are the
benefits under an income tax treaty that entered into force beneficial owner of the dividends, you are a resident of
before January 1, 1987 (and has not been renegotiated) Germany, you have directly owned shares representing
on (1) U.S. source dividends paid to you by another 80% or more of the voting power of the company paying
foreign corporation or (2) U.S. source interest paid to you the dividends for the 12-month period ending on the date
by a U.S. trade or business of another foreign corporation, the entitlement to the dividend is determined, and that you
you must generally be a “qualified resident” of a treaty satisfy the conditions of Article 28(2)(f)(aa) and (bb) and
country. See section 884 for the definition of interest paid Article 28(4) of the treaty with respect to the dividends.
by a U.S. trade or business of a foreign corporation • Persons claiming treaty benefits on royalties if the treaty
(“branch interest”) and other applicable rules. contains different withholding rates for different types of
In general, a foreign corporation is a qualified resident royalties.
of a country if any of the following apply: • Persons claiming treaty benefits on interest other than
• It meets a 50% ownership and base erosion test. the generally applicable rate. For example, under the
• It is primarily and regularly traded on an established United States-Australia treaty, the generally applicable
securities market in its country of residence or the United interest rate is 10% under Article 11(2). However, interest
States. may be exempt from withholding if the specific conditions
• It carries on an active trade or business in its country of under Article 11(3) are met.
residence. • Persons claiming treaty benefits on business profits not
• It gets a ruling from the IRS that it is a qualified resident. attributable to a permanent establishment or on gains
See Regulations section 1.884-5 for the requirements that arising from the alienation of property (other than real
must be met to satisfy each of these tests. property) that does not form all or part of a permanent
If you are claiming treaty benefits under an establishment (including gains that do not arise from the
alienation of a permanent establishment). For example, a
! income tax treaty entered into force after foreign partner that derives gains subject to tax under
CAUTION December 31, 1986, do not check the line on
box 14c. Instead, check the boxes for line 14b. section 864(c)(8) upon the transfer of an interest in a
partnership that conducts a trade or business within the
Line 15. Line 15 must be used only if you are claiming United States may claim treaty benefits on this form with
treaty benefits that require that you meet conditions not respect to the withholding required under section 1446(f)
covered by the representations you make on line 14 (or by stating that the gains are not attributable to a
other certifications on the form). This line is generally not permanent establishment and by including the relevant
applicable to claiming treaty benefits under an interest or gains article of the treaty. Additionally, for a claim that gain
dividends (other than dividends subject to a preferential or income with respect to a PTP interest is not attributable
rate based on ownership) article of a treaty or other to a permanent establishment in the United States, you
income article, unless such article requires additional must identify the name of each PTP to which the claim
representations. For example, certain treaties allow for a relates. See, however, Regulations section 1.864(c)
zero rate on dividends for certain qualified residents (8)-1(f) (providing that gain or loss on the alienation of a
provided that additional requirements are met, such as partnership interest is gain or loss attributable to the
ownership percentage, ownership period, and that the alienation of assets forming part of a permanent
resident meet a combination of tests under an applicable establishment to the extent that the assets deemed sold
LOB article. You should indicate the specific treaty article under section 864(c)(8) form part of a permanent
and paragraph or subparagraph, as applicable. You establishment of the partnership).

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Parts IV Through XXVIII – Line 21. If you are a sponsored, closely held investment
vehicle, you must check the box to certify that you meet all
Certification of Chapter 4 Status of the requirements for this certified deemed-compliant
You should complete only one part of Parts IV through status.
XXVIII certifying to your chapter 4 status (if required). You
are not required to complete a chapter 4 status Part VIII – Certified
certification if you are not the payee of withholdable
Deemed-Compliant
payment or you do not hold an account with an FFI
requesting this form. Identify which part (if any) you should Limited Life Debt
complete by reference to the box you checked on line 5.
Investment Company
An entity that selects nonparticipating FFI, participating
FFI, registered deemed-compliant FFI (other than a Line 22. If you are a limited life debt investment entity,
sponsored FFI), reporting Model 1 FFI, reporting Model 2 you must check the box to certify that you meet all of the
FFI, or direct reporting NFFE (other than a sponsored requirements for this certified deemed-compliant status.
direct reporting NFFE) on line 5 is not required to
complete any of the certifications in Parts IV through Part IX – Certain Investment Entities
XXVIII. That Do Not Maintain Financial
IGA. In lieu of the certifications contained in Parts IV Accounts
through XXVIII of Form W-8BEN-E, in certain cases you
may provide an alternate certification to a withholding Line 23. If you are an FFI that is a financial institution
agent. See Entities Providing Certifications Under an solely because you are described in Regulations section
Applicable IGA under Special Instructions, later. 1.1471-5(e)(4)(i)(A) and you do not maintain financial
accounts, you must check the box to certify that you meet
all of the requirements for this certified deemed-compliant
Part IV – Sponsored FFI status.

Line 16. If you are a sponsored FFI described in Part X – Owner-Documented FFI
Regulations section 1.1471-5(f)(1)(i)(F), enter the name of
the sponsoring entity that has agreed to fulfill the due Line 24a. If you are an owner-documented FFI, you must
diligence, reporting, and withholding obligations (as check the box to certify that you meet all of the
applicable) on behalf of the sponsored FFI identified on requirements for this status and are providing this form to
line 1. You must provide your GIIN on line 9. a U.S. financial institution, participating FFI, reporting
Model 1 FFI, or reporting Model 2 FFI that agrees to act as
Line 17. You must check the applicable box to certify that
a designated withholding agent with respect to you. See
you are either a sponsored investment entity or sponsored
Regulations section 1.1471-5(f)(3) for more information
controlled foreign corporation (within the meaning of
about an owner-documented FFI, including with respect to
section 957(a)) and that you satisfy the other relevant
a designated withholding agent.
requirements for this status.
Line 24b. Check the box to certify that you have provided
Part V – Certified Deemed-Compliant or will provide the documentation set forth in the
Nonregistering Local Bank certifications, including the FFI owner reporting statement
and the valid documentation for each person identified on
Line 18. If you are a certified deemed-compliant the FFI owner reporting statement described on line 24b.
nonregistering local bank, you must check the box to
Line 24c. Check the box to certify that you have provided
certify that you meet all of the requirements for this
or will provide the auditor’s letter (in lieu of the information
certified deemed-compliant status.
required by line 24b) that satisfies the requirements
Part VI – Certified Deemed-Compliant reflected on this line.
FFI With Only Low-Value Accounts Check either line 24b or line 24c. Do not check
TIP both boxes.
Line 19. If you are a certified deemed-compliant FFI with
only low-value accounts, you must check the box to certify
that you meet all of the requirements for this certified Line 24d. Check the box if you do not have any
deemed-compliant classification. contingent beneficiaries or designated classes with
unidentified beneficiaries. While this certification is not
Part VII – Certified Deemed-Compliant required, an owner reporting statement provided by an
owner-documented FFI will remain valid indefinitely for
Sponsored, Closely chapter 4 purposes absent a change in circumstances
Held Investment Vehicle with respect to offshore obligations (as defined in
Regulations section 1.6049-5(c)(1)) only if this
Line 20. Enter the name of your sponsoring entity that certification is provided and the account balance of all
has agreed to fulfill the due diligence, reporting, and accounts held by the owner-documented FFI with the
withholding obligations of the entity identified on line 1 as withholding agent does not exceed $1,000,000 on the
if the entity on line 1 were a participating FFI. You must later of June 30, 2014, or the last day of the calendar year
also enter the GIIN of your sponsoring entity on line 9a. in which the account was opened, and the last day of

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each subsequent calendar year preceding the payment, If you are a foreign government or political
applying the account aggregation rules of Regulations TIP subdivision of a foreign government (including
section 1.1471-5(b)(4)(iii). wholly owned agencies and instrumentalities
thereof), government of a U.S. possession, or foreign
Part XI – Restricted Distributor central bank of issue, you should only complete Form
Line 25a. If you are a restricted distributor you must W-8BEN-E for payments for which you are not claiming
check the box to certify that you meet all of the the applicability of section(s) 115(2), 892, or 895;
requirements for this status. otherwise you should use Form W-8EXP.
Lines 25b and 25c. Check the appropriate box to certify
Part XIV – International Organization
your status. Do not check both boxes.
Line 28a. Check this box to certify that you are an
A restricted distributor may certify only with
international organization described in section 7701(a)
! respect to an account it maintains in connection (18).
CAUTION with a distribution agreement with a restricted
fund. A restricted distributor that, in connection with such If you are an entity that has been designated as
a distribution agreement, receives a payment subject to TIP an international organization by executive order
chapter 3 withholding or a withholdable payment should (pursuant to 22 U.S.C. 288 through 288f), check
complete Form W-8IMY and not this form except to the box 28a. If you are claiming an exemption from
extent it holds interests in connection with such an withholding for purposes of chapter 3, however, use Form
agreement as a beneficial owner. W-8EXP.

Part XII – Nonreporting IGA FFI Line 28b. If you are an international organization other
than an international organization described on line 28a,
Line 26. Check the box to indicate that you are treated as you must check the box to certify that you satisfy all of the
a nonreporting IGA FFI. You must identify the IGA by requirements for this status.
entering the name of the jurisdiction that has the IGA
treated as in effect with the United States, and indicate Part XV – Exempt Retirement Plans
whether it is a Model 1 or Model 2 IGA. You must also
Lines 29a, b, c, d, e, and f. ,
provide the withholding agent with the specific category of
FFI described in Annex II of the IGA. In providing the If you are an exempt retirement plan you must check
specific category of FFI described in Annex II, you should the appropriate box to certify that you meet all of the
use the language from Annex II that best and most requirements for this status.
specifically describes your status. For example, indicate
Part XVI – Entity Wholly Owned
“investment entity wholly owned by exempt beneficial
owners” rather than “exempt beneficial owner.” If you are by Exempt Beneficial Owners
a nonreporting IGA FFI claiming a deemed-compliant
Line 30. If you are an entity wholly owned by exempt
status under the regulations, you must instead indicate on
beneficial owners you must check the box to certify that
this line which section of the regulations you qualify under.
you meet all of the requirements for this status. You must
If you are a nonreporting financial institution under an also provide the owner documentation described in this
applicable IGA because you qualify as an line establishing that each of your direct owners or debt
owner-documented FFI under the regulations, do not holders is an exempt beneficial owner described in
check “Nonreporting IGA FFI.” Instead, you must check Regulations section 1.1471-6(b).
“Owner-documented FFI” and complete Part X rather than
this Part XII. Part XVII – Territory
See instructions for Line 9a for when a GIIN is required Financial Institution
for a nonreporting IGA FFI (including a trustee of a
trustee-documented trust that is a foreign person). Line 31. If you are a territory financial institution you must
check the box to certify that you meet all of the
Part XIII – Foreign Government, requirements for this status.

Government of a U.S. Possession, or Part XVIII – Excepted
Foreign Central Bank of Issue Nonfinancial Group Entity
Line 27. If you are a foreign government or political Line 32. If you are an excepted nonfinancial group entity
subdivision of a foreign government (including wholly you must check the box to certify that you meet all of the
owned agencies and instrumentalities thereof), requirements for this status.
government of a U.S. possession, or foreign central bank
of issue (each as defined in Regulations section 1.1471-6) Part XIX – Excepted Nonfinancial
you must check the box and certify that you meet all of the
requirements for this status (including that you do not Start-Up Company
engage in the type of commercial financial activities Line 33. If you are an excepted nonfinancial start-up
described on this line except to the extent permitted under company you must check the box to certify that you meet
Regulations section 1.1471-6(h)(2)). all of the requirements for this status. You must also

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provide the date you were formed or your board passed a Part XXIV – Excepted Territory NFFE
resolution (or equivalent measure) approving a new line of
business (which cannot be that of a financial institution or Line 38. If you are an excepted territory NFFE you must
passive NFFE). check the box to certify that you meet all of the
requirements for this classification. See Regulations
Part XX – Excepted Nonfinancial section 1.1472-1(c)(1)(iii) for the definition of an excepted
Entity in Liquidation or Bankruptcy territory NFFE.

Line 34. If you are an excepted nonfinancial group entity Part XXV – Active NFFE
in liquidation or bankruptcy you must check the box to
Line 39. If you are an active NFFE you must check the
certify that you meet all of the requirements for this status.
box to certify that you meet all of the requirements for this
You must also provide the date that you filed a plan of
status, including the assets and passive income test
liquidation, plan of reorganization, or bankruptcy petition.
described in the certification for this part. For purposes of
Part XXI – 501(c) Organization applying this test, passive income includes dividends,
interest, rents, royalties, annuities, and certain other forms
Line 35. If you are an entity claiming chapter 4 status as of passive income. See Regulations section 1.1472-1(c)
a section 501(c) organization pursuant to Regulations (1)(iv)(A) for additional detail for the definition of passive
section 1.1471-5(e)(5)(v) you must check the box and income. Also see Regulations section 1.1472-1(c)(1)(iv)
provide the date that the IRS issued you a determination (B) for exceptions from the definition of passive income for
letter or provide a copy of an opinion from U.S. counsel certain types of income.
certifying that you qualify as a section 501(c) organization
(without regard to whether you are a foreign private Part XXVI – Passive NFFE
foundation).
Line 40a. If you are a passive NFFE you must check the
If you are a section 501(c) organization claiming box to certify that you are not a financial institution and are
TIP an exemption from withholding for purposes of not certifying your status as a publicly-traded NFFE, NFFE
chapter 3, however, use Form W-8EXP. affiliate of a publicly-traded company, excepted territory
NFFE, active NFFE, direct reporting NFFE, or sponsored
Part XXII – Nonprofit Organization direct reporting NFFE.

Line 36. If you are a nonprofit organization (other than an Note. If you would be a passive NFFE but for the fact that
entity claiming chapter 4 status as a section 501(c) you are managed by certain types of financial institutions
organization pursuant to Regulations section 1.1471-5(e) (see Regulations section 1.1471-5(e)(4)(i)(B)), you should
(5)(v)) you must check the box to certify that you meet all not complete line 40a as you would be considered a
of the requirements for this status. financial institution and not a passive NFFE.
Nonprofit organization under an IGA. If you are an If you are an NFFE that may qualify as an active
entity that is established and maintained in a jurisdiction TIP NFFE (or other NFFE described in another part of
that is treated as having in effect an IGA and you are this form), you may still check line 40a and
described in Annex I as a nonprofit organization that is an disclose your substantial U.S. owners or certify that you
Active NFFE, see Entities Providing Certifications Under have no substantial U.S. owners.
an Applicable IGA under Special Instructions, later.
Line 40b. Check this box to certify that you have no
Part XXIII – Publicly-Traded substantial U.S. owners.
NFFE or NFFE Affiliate of Line 40c. If you do not check the box and make the
a Publicly-Traded Corporation certification on line 40b, you must check this box 40c and
complete Part XXIX to identify and provide the name,
Line 37a. If you are a publicly-traded NFFE you must address, and TIN of each of your substantial U.S. owners.
check the box to certify that you are not a financial
institution and provide the name of a securities exchange Note. If you are an NFFE that is providing Form
on which your stock is publicly traded. W-8BEN-E to an FFI treated as a reporting Model 1 FFI or
reporting Model 2 FFI, you may also use Part XXIX to
Line 37b. If you are an NFFE that is a member of the
report controlling U.S. persons (as defined in an
same expanded affiliated group as a publicly-traded U.S.
applicable IGA). The references to “controlling U.S.
or foreign entity you must check this box, provide the
persons” in this part and Part XXIX apply only if the form is
name of the publicly-traded entity, and identify the
being provided to an FFI treated as a reporting Model 1
securities market on which the stock of the publicly-
FFI or reporting Model 2 FFI.
traded entity is traded. See Regulations section
1.1472-1(c)(1)(i) to determine if the stock of an entity is Part XXVII – Excepted
regularly traded on an established securities market
(substituting the term “U.S. entity” for “NFFE,” as Inter-Affiliate FFI
appropriate, for purposes of testing whether an entity is Line 41. If you are an excepted inter-affiliate FFI you
publicly traded). must check the box to certify that you meet all of the
requirements of this classification. This classification will
only apply for an excepted inter-affiliate FFI that holds

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deposit accounts described in the certification for this part date stamp and statement that the form has been
and that is documenting itself to the financial institution electronically signed). Simply typing your name into the
that maintains the deposit account. You are not eligible for signature line is not an electronic signature. A withholding
this classification if you receive or make withholdable agent may also rely on an electronically signed
payments to or from any person other than a member of withholding certificate if you provide any additional
your expanded affiliated group, other than the depository information or documentation requested by the
institution described in the previous sentence. See withholding agent to support that the form was signed by
Regulations section 1.1471-5(e)(5)(iv) for all the you or other person authorized to do so. See Regulations
requirements of this status. section 1.1441-1(e)(4)(i)(B).
Part XXVIII – Sponsored Broker transactions or barter exchanges. Income
from transactions with a broker or a barter exchange is
Direct Reporting NFFEs subject to reporting rules and backup withholding unless
Lines 42 and 43. If you are a sponsored direct reporting Form W-8BEN-E or a substitute form is filed to notify the
NFFE you must enter the name of the sponsoring entity broker or barter exchange that you are an exempt foreign
on line 42 and check the box to certify that you meet all of person.
the requirements for this classification. You must also You are an exempt foreign person for a calendar year
provide your GIIN on line 9a. in which:
• You are a foreign corporation, partnership, estate, or
Part XXIX – Substantial U.S. trust; and
Owners of Passive NFFE • You are neither engaged, nor plan to be engaged
during the year, in a U.S. trade or business that has
If you identified yourself as a passive NFFE (including an effectively connected gains from transactions with a
investment entity that is a territory NFFE but is not an broker or barter exchange.
excepted territory NFFE under Regulations section
1.1472-1(c)) with one or more substantial U.S. owners in
Part XXVI, you must identify each substantial U.S. owner. Special Instructions
Provide the name, address, and TIN of each substantial
U.S. owner in the relevant column. You may attach this Hybrid Entity Making a Claim of Treaty Benefits
information on a separate statement, which remains If you are a hybrid entity making a claim for treaty benefits
subject to the same perjury statement and other as a resident on your own behalf, you may do so as
certifications made in Part XXX. If you are reporting permitted under an applicable tax treaty. You should
controlling U.S. persons (as defined in an applicable IGA) complete this Form W-8BEN-E to claim treaty benefits in
to a Model 1 FFI or reporting Model 2 FFI with which you the manner described in the instructions for Part III and
maintain an account that requests such ownership complete Part I to the extent indicated below. Note that
information with this form, you may use this space or you should not complete line 5 indicating your chapter 4
attach a separate statement to report such persons. status unless you are a disregarded entity that is treated
as the payee for chapter 4 purposes.
Part XXX – Certification
If you are a flow-through entity claiming treaty benefits
Form W-8BEN-E must be signed and dated by an
on a payment that is a withholdable payment, you should
authorized representative or officer of the beneficial
also provide Form W-8IMY along with a withholding
owner, participating payee (for purposes of section
statement (if required) establishing the chapter 4 status of
6050W), or account holder of an FFI requesting this form.
each of your partners or owners. Allocation information is
You must check the box to certify that you have the legal
not required on this withholding statement unless one or
capacity to sign for the entity identified on line 1 that is the
more partners or owners are subject to chapter 4
beneficial owner of the income. If Form W-8BEN-E is
withholding (such as a nonparticipating FFI). If you are a
completed by an agent acting under a duly authorized
disregarded entity claiming treaty benefits on a payment
power of attorney, the form must be accompanied by the
that is a withholdable payment, unless you are treated as
power of attorney in proper form or a copy thereof
the payee for chapter 4 purposes and have your own
specifically authorizing the agent to represent the principal
GIIN, your single owner should provide Form W-8BEN-E
in making, executing, and presenting the form. Form
or Form W-8BEN (as applicable) to the withholding agent
2848, Power of Attorney and Declaration of
along with this form. You or the withholding agent may use
Representative, may be used for this purpose. The agent,
line 10 to inform the withholding agent to associate the
as well as the beneficial owner, payee, or account holder
two forms.
(as applicable), may incur liability for the penalties
provided for an erroneous, false, or fraudulent form. By Line 1. Enter your legal name (determined by reference
signing Form W-8BEN-E, the authorized representative, to your legal identity in your country of incorporation or
officer, or agent of the entity also agrees to provide a new organization).
form within 30 days following a change in circumstances Line 2. Enter the country under whose laws you are
affecting the correctness of the form. created, organized, or governed.
A withholding agent may allow you to provide this form Line 3. Leave this line blank. For purposes of completing
with an electronic signature. The electronic signature must this form as a hybrid entity making a treaty claim
indicate that the form was electronically signed by a
person authorized to do so (for example, with a time and

-16- Instructions for Form W-8BEN-E (Rev. 10-2021)

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(including a disregarded entity), you are treated as the of the Country B IGA in order to fulfil its due diligence and
beneficial owner and should be identified on line 1. documentation requirements under the Country B IGA.
Line 4. Check the box that applies among disregarded You may also provide with this form an applicable IGA
entity, partnership, grantor trust, or simple trust. You must certification if you are determining your chapter 4 status
also check the box indicating that you are a hybrid making under the definitions provided in an applicable IGA and
a treaty claim and complete Part III. your certification identifies the jurisdiction that is treated
Line 5. Leave this line blank, except in the circumstances as having an IGA in effect and describes your status as an
described above. NFFE or FFI in accordance with the applicable IGA.
However, if you determine your status under an applicable
Lines 6, 7, and 8. Complete lines 6, 7, and 8 as provided IGA as an NFFE, you must still determine if you are an
in the specific instructions, earlier. excepted NFFE under the Regulations in order to
Line 9b. If your country of residence for tax purposes has complete this form unless you are provided an alternative
issued you a tax identifying number, enter it here. Do not certification by an FFI described in the preceding
enter the tax identifying number of your owner(s). paragraph that covers your certification as an NFFE (such
as “active NFFE”) as defined in an applicable IGA.
Line 10. This reference line is used to associate this Additionally, you are required to comply with the
Form W-8BEN-E with another applicable withholding conditions of your status under the law of the IGA
certificate or other documentation provided for purposes jurisdiction to which you are subject if you are determining
of chapter 4. For example, if you are a partnership making your status under that IGA. If you cannot provide the
a treaty claim, you may want to provide information for the certifications in Parts IV through XXVIII, or if you are a
withholding agent to associate this Form W-8BEN-E with nonprofit entity that meets the definition of “active NFFE”
the Form W-8IMY and owner documentation you provide under the applicable IGA, do not check a box on line 5.
for purposes of establishing the chapter 4 status of your However, if you determine your status under the
owner(s). definitions of the IGA and can certify to a chapter 4 status
You must complete Parts III and XXX in accordance included on this form, you do not need to provide the
with the specific instructions above. Complete Part II if certifications described in this paragraph unless required
applicable. by the FFI to whom you are providing this form.
Foreign Reverse Hybrid Entities Any certifications provided under an applicable IGA
remain subject to the penalty of perjury statement and
A foreign reverse hybrid entity should only file a Form
other certifications made in Part XXX.
W-8BEN-E for payments for which it is not claiming treaty
benefits on behalf of its owners and must provide a Entities Providing Alternate or Additional
chapter 4 status when it is receiving a withholdable
Certifications Under Regulations
payment. A foreign reverse hybrid entity claiming treaty
benefits on behalf of its owners should provide the If you qualify for a status that is not shown on this form,
withholding agent with Form W-8IMY (including its you may attach applicable certifications for such status
chapter 4 status when receiving a withholdable payment) from any other Form W-8 on which the relevant
along with a withholding statement and Forms W-8BEN or certifications appear. If the applicable certifications do not
W-8BEN-E (or documentary evidence to the extent appear on any Form W-8 (if, for example, new regulations
permitted) on behalf of each of its owners claiming treaty provide for an additional status and this form has not been
benefits. See Form W-8IMY and accompanying updated to incorporate the status) then you may provide
instructions for more information. an attachment certifying that you qualify for the applicable
status described in a particular Regulations section.
Entities Providing Certifications Include a citation to the applicable provision in the
Under an Applicable IGA Regulations. Any such attached certification becomes an
integral part of this Form W-8BEN-E and is subject to the
An FFI in an IGA jurisdiction with which you have an
penalty of perjury statement and other certifications made
account may provide you with a chapter 4 status
in Part XXX.
certification other than as shown in Parts IV through XXVIII
in order to satisfy its due diligence requirements under the Paperwork Reduction Act Notice. We ask for the
applicable IGA. In such a case, you may attach the information on this form to carry out the Internal Revenue
alternative certification to this Form W-8BEN-E in lieu of laws of the United States. You are required to provide the
completing a certification otherwise required in Parts IV information. We need it to ensure that you are complying
through XXVIII provided that you: (1) determine that the with these laws and to allow us to figure and collect the
certification accurately reflects your status for chapter 4 right amount of tax.
purposes or under an applicable IGA; and (2) the
withholding agent provides a written statement to you that You are not required to provide the information
it has provided the certification to meet its due diligence requested on a form that is subject to the Paperwork
requirements as a participating FFI or registered Reduction Act unless the form displays a valid OMB
deemed-compliant FFI under an applicable IGA. For control number. Books or records relating to a form or its
example, Entity A organized in Country A holds an instructions must be retained as long as their contents
account with an FFI in Country B. Country B has a Model may become material in the administration of any Internal
1 IGA in effect. The FFI in Country B may ask Entity A to Revenue law. Generally, tax returns and return
provide a chapter 4 status certification based on the terms information are confidential, as required by section 6103.

Instructions for Form W-8BEN-E (Rev. 10-2021) -17-

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The time needed to complete and file this form will vary simpler, we would be happy to hear from you. You can 
depending on individual circumstances. The estimated     send us comments from IRS.gov/FormComments. You 
average time is: Recordkeeping, 12 hr., 40 min.;         can write to the Internal Revenue Service, Tax Forms and 
Learning about the law or the form, 4 hr., 17 min.;      Publications, 1111 Constitution Ave. NW, IR-6526, 
Preparing and sending the form, 8 hr., 16 min.           Washington, DC 20224. Do not send Form W-8IMY to this 
If you have comments concerning the accuracy of          office. Instead, give it to your withholding agent.
these time estimates or suggestions for making this form 

                                                         -18-    Instructions for Form W-8BEN-E (Rev. 10-2021)

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Index
 
                                          Withholding agent  7                 Part III – Claim of Tax Treaty 
A                                                                              Benefits 10
Account That Is Not a Financial                                                Limitation on benefits treaty 
  Account   8                           E                                      provisions   11
  Line 10 10                            Entities Providing Alternate or        Line 14a 10
  Line 6 9                                Additional                           Line 14b 10
  Line 7 9                                Certifications Under                 Line 14c 12
  Line 8 9                                Regulations 17                       Line 15 12
  Line 9a 9                             Entities Providing Certifications      Part IV – Sponsored FFI  13
  Line 9b 9                               Under an Applicable IGA   17         Line 16 13
  Line 9c 10                                                                   Line 17 13
                                        F                                      Part IX – Certain Investment Entities
B                                       FFIs Covered by an IGA and Related     That Do Not Maintain Financial
Broker transactions or barter             Entities 8                           Accounts  13
  exchanges   16                        Foreign Reverse Hybrid Entities     17 Line 23 13
                                                                               Parts IV Through XXVIII –
                                                                               Certification of Chapter 4 
D                                       G                                      Status 13
Definitions 4                           General Instructions 1                 IGA 13
  Account holder  4                       Purpose of Form    1                 Part V – Certified Deemed-Compliant 
  Amount realized   4                                                          Nonregistering Local Bank                 13
                                                                               Line 18 13
  Beneficial owner  4                   H                                      Part VI – Certified 
  Chapter 3   5                         Hybrid Entity Making a Claim of        Deemed-Compliant FFI With Only 
  Chapter 4   5                           Treaty Benefits:                     Low-Value Accounts       13
  Chapter 4 status  5                     Line 1 16                            Line 19 13
  Deemed-compliant FFI    5               Line 10  17                          Part VII – Certified 
  Disregarded entity  5                   Line 2 16                            Deemed-Compliant Sponsored, 
  Financial account 5                     Line 3 16                            Closely
  Financial institution 5                 Line 4 17                            Held Investment Vehicle                   13
  Fiscally transparent entity 5           Line 5 17                            Line 20 13
  Flow-through entity   6                 Line 9b  17                          Line 21 13
  Foreign financial institution (FFI) 5   Lines 6, 7, and 8  17                Part VIII – Certified 
  Foreign person  6
  GIIN 6                                                                       Deemed-Compliant
  Hybrid entity 6                       N                                      Limited Life Debt
  Intergovernmental agreement           Non-Profit Organizations Covered by    Investment Company       13
  (IGA)     6                             an IGA  8                            Line 22 13
  Nonparticipating FFI  6                                                      Part XIII – Foreign Government, 
  Nonreporting IGA FFI    6                                                    Government of a U.S. Possession, 
                                        P
  Participating FFI 6                                                          or Foreign Central Bank of 
                                        Paperwork Reduction Act Notice.     17
  Participating payee   6                                                      Issue 14
                                        Part I Identification
  Payee  6                                                                     Line 27 14
                                          of Beneficial Owner  7
  Payment settlement entity                                                    Part XII – Nonreporting IGA FFI             14
                                        Part I Identification of Beneficial 
  (PSE)     6                                                                  Line 26 14
                                          Owner:
  PTP interest  6                                                              Part XI – Restricted Distributor            14
                                          Line 1 7
  Publicly Traded Partnership                                                  Line 25a 14
                                          Line 2 7
  (PTP)     6                                                                  Lines 25b and 25c     14
                                          Line 3 8
  Qualified intermediary (QI) 6                                                Part XIV – International 
                                          Line 4 8
  Recalcitrant account holder.  6                                              Organization 14
                                          Line 5 8
  Reverse hybrid entity   7                                                    Line 28a 14
                                        Part II – Disregarded Entity
  Specified U.S. person   7                                                    Line 28b. 14
                                          or Branch Receiving Payment       10
  Substantial U.S. owner  7                                                    Part XIX – Excepted Nonfinancial 
                                          Line 12  10
  Transfer  7                                                                  Start-Up Company      14
                                          Line 13  10
  Transferee  7                                                                Line 33 14
  Transferor  7                                                                Part X – Owner-Documented FFI               13
  U.S. person   7                                                              Line 24a 13
  Withholdable payment    7                                                    Line 24b. 13

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Part X – Owner-Documented FFI (Cont.)
Line 24c 13                          Part XXIV – Excepted Territory 
Line 24d. 13                           NFFE 15                        S
Part XV – Exempt Retirement            Line 38 15                     Special Instructions 16
Plans 14                             Part XXIX – Substantial U.S.      Hybrid Entity Making a Claim of 
Lines 29a, b, c, d, e, and f. 14       Owners of Passive NFFE     16   Treaty Benefits     16
Part XVI – Entity Wholly Owned       Part XXV – Active NFFE   15
by Exempt Beneficial Owners     14     Line 39 15
Line 30 14                           Part XXVII – Excepted            W
Part XVIII – Excepted                  Inter-Affiliate FFI 15         What's New 1
Nonfinancial Group Entity    14        Line 41 15                      Electronic signature  1
Line 32 14                           Part XXVIII – Sponsored           Guidance under section 1446(f)                        1
Part XVII – Territory                  Direct Reporting NFFEs    16    Line 14, claim of tax treaty 
Financial Institution 14               Lines 42 and 43 16              benefits   1
Line 31 14                           Part XXVI – Passive NFFE 15       Line 15, special rates and 
Part XX – Excepted Nonfinancial        Line 40a 15                     conditions  1
Entity in Liquidation or               Note    15                      New Line 9c 1
Bankruptcy 15                          Line 40b 15                     Section 6050Y reporting                           1
Line 34 15                             Line 40c 15                    Who Must Provide Form 
Part XXI – 501(c) Organization 15      Note    15                      W-8BEN-E   2
Line 35 15                           Part XXX – Certification 16       Change in circumstances                           4
Part XXIII – Publicly-Traded         Purpose of Form:                  Do not use Form W-8BEN-E                            3
NFFE or NFFE Affiliate of              Additional information 2        Expiration of Form W-8BEN-E                          4
a Publicly-Traded Corporation    15                                    Giving Form W-8BEN-E to the 
Line 37a 15                                                            withholding agent     3
Line 37b 15                          R                                 When to provide Form W-8BEN-E 
Part XXII – Nonprofit                Reminder  1                       to the withholding agent                           3
Organization 15                                                        Note 4
Line 36 15

                                                   -20-

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