PDF document

- 1 -

Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print
instrx
AH XSL/XML Fileid: … ons/iw-8/202206/a/xml/cycle07/source (Init. & Date) _______

Page 1 of 19 11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Department of the Treasury
Internal Revenue Service
Instructions for

the Requester of

Forms W-8BEN,

W-8BEN-E, W-8ECI,

W-8EXP, and W-8IMY

(Rev. June 2022)

Section references are to the Internal Revenue Code make those payments in connection with their reliance on
unless otherwise noted. Forms W-8.
Future developments. For the latest information about Section 871(m) regulations and qualified securities
developments related to the Forms W-8 and their lenders (QSLs). Notice 2020-2, 2020-3 I.R.B. 327,
instructions for requesters, such as legislation enacted further extended the transition relief provided in Notice
after they were published, go to IRS.gov/UAC/About- 2018-72, 2018-40 I.R.B. 522, for certain provisions of the
Form-W8. section 871(m) regulations, generally for 2021 and 2022.
Notice 2020-2 also further extended the period that a
withholding agent may apply the transition rules to act as
What's New
a QSL described in obsoleted Notice 2010-46, 2010-24
Guidance under section 1446(f). The Tax Cuts and I.R.B. 757, Part III, for substitute dividend payments made
Jobs Act (TCJA) added section 1446(f), which generally in 2021 and 2022. As a result, the updated Form W-8IMY
requires that if any portion of a gain on any disposition of (Rev. October 2021) includes chapter 3 status
an interest in a partnership would be treated under section certifications for entities acting as QSLs (applicable to
864(c)(8) as effectively connected gain, the transferee either a QI or other entity acting as a QSL). The updated
purchasing an interest in such a partnership from a Instructions for Form W-8IMY also clarify when a QI may
non-U.S. transferor must withhold a tax equal to 10% of continue to claim status as a QSL in a case in which it is
the amount realized on the disposition unless an also a qualified derivatives dealer (QDD) (as provided in
exception to withholding applies. Section 1446(f) the QI agreement) and include certain other clarifying
generally applies to transfers occurring on or after January changes relevant to section 871(m) and QSL status.
1, 2018. T.D. 9926 (84 FR 76910), published on
FTIN not legally required. Certain Forms W-8 were
November 30, 2020, contains final regulations (section
updated (Rev. October 2021) to include a new line, “FTIN
1446(f) regulations) relating to the withholding and
not legally required,” for account holders otherwise
reporting requirements under section 1446(f), including
required to provide a foreign taxpayer identification
those that apply to brokers effecting transfers of interests
number (FTIN) on the form to indicate that they are not
in publicly traded partnerships (PTPs). The section
legally required to obtain an FTIN from their jurisdiction of
1446(f) regulations also revise certain requirements under
residence.
section 1446(a) relating to withholding and reporting on
distributions made by PTPs, and expand the entities Nonqualified intermediary (NQI) that provides an al-
permitted to act as nominees for PTP distributions to ternative withholding statement. The Form W-8IMY
include certain qualified intermediaries (QIs) and certain and its instructions were updated (Rev. October 2021) to
U.S. branches. Withholding on transfers of interests in allow an NQI that is to provide alternative withholding
PTPs and the revisions included in the section 1446(f) statements and beneficial owner withholding certificates
regulations relating to withholding on PTP distributions for payments associated with this form to represent on the
under section 1446(a) apply to transfers and distributions form that the information on the withholding certificates
that occur on or after January 1, 2023. See Notice will be verified for consistency as required under
2021-51, 2021-36 I.R.B. 361. The provisions of the Regulations section 1.1441-1(e)(3)(iv)(C)(3) (added in
section 1446(f) regulations relating to withholding and T.D. 9890). A similar allowance applies to a
reporting on transfers of interests in partnerships that are nonwithholding foreign partnership or a nonwithholding
not PTPs generally apply to transfers occurring after foreign trust that provides an alternative withholding
January 29, 2021. Forms W-8 and their accompanying statement.
instructions (excluding Form W-8EXP) were updated Electronic signature. The accompanying instructions
(Rev. October 2021) to incorporate the use of those forms for certain Forms W-8 were updated (Rev. October 2021)
by brokers and transferors of partnership interests to reference additional guidance included in final
receiving payments of amounts realized for purposes of regulations issued under chapter 3 (T.D. 9890)
section 1446(f) and by partners and brokers receiving concerning reliance on withholding certificates with
PTP distributions. These instructions address certain electronic signatures. See Regulations section
requirements of brokers and other withholding agents that 1.1441-1(e)(4)(i)(B) (added in T.D. 9890).

Jun 22, 2022 Cat. No. 26698G

- 2 -

Page 2 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Section 6050Y reporting. The accompanying
instructions for certain Forms W-8 were updated (Rev.
October 2021) to reference the use of the forms by a Who Is a Withholding Agent?
foreign person that is a seller of a life insurance contract Any person, U.S. or foreign, in whatever capacity acting,
(or interest therein) or a foreign person that is a recipient that has control, receipt, custody, disposal, or payment of
of a reportable death benefit for purposes of reporting an amount subject to withholding for chapter 3 purposes
under section 6050Y. or a withholdable payment for chapter 4 purposes is a
withholding agent. See Regulations section 1.1441-2(e)
Purpose of Instructions for what constitutes a payment, which in limited
These instructions supplement the instructions for the circumstances may include when there is no actual
forms listed below and provide notes to assist withholding transfer of cash or property (for example, dividend
agents and foreign financial institutions (FFIs) in validating equivalents). The withholding agent may be an individual,
the forms for chapters 3 and 4 purposes. These corporation, partnership, trust, association, or any other
instructions also outline the due diligence requirements entity, including (but not limited to) any foreign
applicable to withholding agents for establishing a intermediary, foreign partnership, or U.S. branch of certain
beneficial owner’s foreign status and claim for reduced foreign banks and insurance companies. If several
withholding under an income tax treaty. These instructions persons qualify as withholding agents for a single
are not inclusive of all requirements that may apply to a payment, the tax required to be withheld must only be
withholding agent for validating Forms W-8. A withholding withheld once. Generally, the person who pays (or causes
agent should also reference the applicable regulations to be paid) an amount subject to withholding under
under chapters 3 and 4 and the instructions for each Form chapter 3 or a withholdable payment to the foreign person
W-8 listed below. (or to its agent) must withhold. See the Instructions for
• Form W-8BEN, Certificate of Foreign Status of Form 1042, Annual Withholding Tax Return for U.S.
Beneficial Owner for United States Tax Withholding and Source Income of Foreign Persons, and Form 1042-S,
Reporting (Individuals). Foreign Person's U.S. Source Income Subject to
• Form W-8BEN-E, Certificate of Status of Beneficial Withholding, for return filing and information reporting
Owner for United States Tax Withholding and Reporting obligations with respect to payments made to foreign
(Entities). persons.
• Form W-8ECI, Certificate of Foreign Person's Claim For effectively connected taxable income (ECTI)
That Income Is Effectively Connected With the Conduct of allocable to a foreign partner, the partnership (other than a
a Trade or Business in the United States. PTP) is generally the withholding agent and must file Form
• Form W-8EXP, Certificate of Foreign Government or 8804, Annual Return for Partnership Withholding Tax
Other Foreign Organization for United States Tax (section 1446); Form 8805, Foreign Partner's Information
Withholding and Reporting. Statement of Section 1446 Withholding Tax; and Form
• Form W-8IMY, Certificate of Foreign Intermediary, 8813, Partnership Withholding Tax Payment Voucher
Foreign Flow-Through Entity, or Certain U.S. Branches for (section 1446). For ECTI allocable to a foreign partner in a
United States Tax Withholding and Reporting. PTP, a nominee is generally the withholding agent and
For definitions of terms not defined in these must file Form 1042 and 1042-S.
instructions, see the Forms W-8 and their accompanying On the transfer of a partnership interest (other than an
instructions. interest in a PTP) to which withholding under section
Throughout these instructions, a reference to or 1446(f) applies, the transferee is the withholding agent
and must withhold 10% of the amount realized. The
TIP mention of “Form W-8” includes Forms W-8BEN,
W-8BEN-E, W-8ECI, W-8EXP, and W-8IMY. transferee of a non-PTP interest must file Form 8288, U.S.
References to “chapter 3” in the Forms W-8 and their Withholding Tax Return for Dispositions by Foreign
accompanying instructions were generally updated to Persons of U.S. Real Property Interests; and Form
exclude sections 1445 and 1446 (which those instructions 8288-A, Statement of Withholding on Dispositions by
addressed separately as applicable). Thus, references to Foreign Persons of U.S. Real Property Interests. A broker
“chapter 3” in these instructions similarly exclude sections for a transfer of an interest in a PTP to which withholding
1445 and 1446. applies under section 1446(f) is a withholding agent for
the amount realized on the transfer and must withhold
These instructions reflect the regulatory changes 10% of the amount realized and file Forms 1042 and
described earlier and the updates to Forms W-8 and their 1042-S.
instructions and certain other changes reflected on the
most current revisions to the Form W-8 series published Responsibilities of a Withholding
as of the date of publication of these instructions. Thus,
Agent To Obtain Form W-8
different rules may apply to withholding agents with
respect to prior revisions of Forms W-8 for which these Chapter 3 Responsibilities
regulatory changes did not yet apply, and different
requirements may apply to future revisions of these forms. Generally, an amount is subject to withholding for
See Requesting Prior Versions of Form W-8, later, purposes of chapter 3 if it is an amount from sources
including the limitations on such use. within the United States that is fixed or determinable
annual or periodical (FDAP) income. FDAP income is in
general all income included in gross income, including

-2- Inst. for the Requester of Forms W-8 (Rev. June 2022)

- 3 -

Page 3 of 19      Fileid: … ons/iw-8/202206/a/xml/cycle07/source                               11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

interest (and original issue discount (OID)), dividends           no substantial U.S. owners). In addition, if you are a 
(including dividend equivalents), rents, royalties, and           withholding agent and also a participating FFI, you must 
compensation. FDAP income does not include most gains             withhold to the extent required under Regulations section 
from the sale of property (including market discount and          1.1471-4(b) and the FFI agreement, which, in addition to 
option premiums) or items of income excluded from gross           the requirements described in the previous sentence, 
income without regard to the U.S. or foreign status of the        require withholding on withholdable payments made to 
owner of the income, such as interest under section               recalcitrant account holders.
103(a). Amounts subject to chapter 3 withholding do not 
include amounts that are not FDAP income as well as               You must determine if a payment is a withholdable 
other specific items of income described in Regulations           payment without regard to any exceptions from 
section 1.1441-2 (such as interest on bank deposits and           withholding applicable under chapter 3. For each such 
short-term OID).                                                  withholdable payment, you must obtain a Form W-8 (or 
                                                                  other documentation permitted under Regulations section 
For purposes of sections 1441 and 1442, if you are a              1.1471-3(d)) upon which you are permitted to rely under 
withholding agent, you must withhold 30% of any payment           chapter 4 to determine the chapter 4 status of a payee 
of an amount subject to chapter 3 withholding made to a           that is a foreign person for purposes of whether 
payee that is a foreign person unless you can reliably            withholding applies under chapter 4. Thus, a 
associate the payment with documentation (for example,            determination of whether a Form W-8 is valid for purposes 
Form W-8 or Form W-9, Request for Taxpayer                        of providing an exemption from chapter 4 withholding is a 
Identification Number and Certification) upon which you           separate determination from whether the Form W-8 may 
can rely to treat the payment as made to (a) a payee that         be relied upon to provide an exemption from (or reduction 
is a U.S. person, or (b) a beneficial owner that is a foreign     in) withholding under chapter 3. For purposes of 
person entitled to a reduced rate of, or exemption from,          determining whether withholding under chapter 4 applies 
withholding. In certain circumstances, however, you may           to a payment to a QI, WP, or WT, the exceptions in 
be allowed to associate a payment with documentary                chapter 3 for QIs, WPs, and WTs will apply, provided the 
evidence rather than a Form W-8 for a payment made                entity includes its chapter 4 status on Form W-8IMY. See 
outside the United States with respect to an offshore             also Notes for Validating Form W-8IMY under Form 
obligation under Regulations section 1.6049-5(c)(1). A            W-8IMY, later, for the requirements for withholdable 
withholding agent must also withhold under section 1443           payments made to certain U.S. branches that act as 
on certain payments to foreign tax-exempt organizations           intermediaries.
that are unrelated business taxable income or subject to 
the 4% excise tax imposed by section 4948.                        Section 1446(a) and (f) Responsibilities
However, a withholding agent making a payment to a                Section 1446(a) requires a partnership conducting a trade 
foreign person need not withhold under chapter 3 if the           or business in the United States to withhold tax on a 
foreign person assumes responsibility for withholding on          foreign partner's allocable share of the partnership's ECTI 
the payment as a QI (other than a QI that is acting as a          at the highest tax rate applicable to that person for the 
QDD, in which case withholding is not required only for a         type of income allocated (for example, ordinary income or 
payment with respect to a section 871(m) transaction that         capital gains) in accordance with the provisions of 
is not an underlying security or a dividend equivalent), or if    Regulations sections 1.1446-1 through 1.1446-6. For a 
the foreign person is a withholding foreign partnership           partnership that is not a PTP, the partnership must 
(WP), or a withholding foreign trust (WT) that has provided       withhold in the year the ECTI is allocable to the foreign 
a valid Form W-8IMY certifying to such status. A                  partner, whether or not there is a distribution. In contrast, if 
withholding agent is not required to withhold on dividends        the partnership is a PTP, the partnership withholds in the 
paid in 2022 to a QI acting as a QDD in its equity                year in the ECTI is distributed to the foreign partner, not in 
derivatives dealer capacity. The QDD's withholding                the year the ECTI is allocable to the foreign partner.
statement should contain the information necessary for 
                                                                  Section 1446(f) generally requires a transferee of a 
determining the dividends subject to withholding. See the 
                                                                  partnership interest (or a broker in the case of a transfer of 
Instructions for Form W-8IMY for the requirements for a 
                                                                  a PTP interest) to withhold on the amount realized from 
QDD withholding statement. Withholding under chapter 3 
                                                                  the transfer by a foreign person when any portion of the 
is also not required if the payment is made to a U.S. 
                                                                  gain from the transfer would be treated as effectively 
branch of a foreign insurance company or foreign bank or 
                                                                  connected gain under section 864(c)(8).
a territory financial institution that agrees to be treated as 
a U.S. person under the requirements of Regulations               To avoid being subject to the default withholding rules 
section 1.1441-1(b)(2)(iv)(A) and provides a valid Form           under section 1446(a) or (f), a partner must provide a 
W-8IMY certifying to such status.                                 certification to the partnership or transferee, respectively. 
                                                                  A U.S. person that submits a valid Form W-9 generally will 
Chapter 4 Responsibilities                                        not be subject to withholding under section 1446(a) or (f). 
For purposes of chapter 4, if you are a withholding agent,        Generally, a foreign person that is a partner in a 
you must withhold 30% of any payment that is a                    partnership that submits a Form W-8 for purposes of 
withholdable payment (as defined in Regulations section           section 1441 or 1442 will satisfy the documentation 
1.1473-1(a)) made to a nonparticipating FFI that is not an        requirements under section 1446(a) or (f) as well. 
exempt beneficial owner or to a non-financial foreign             However, in some cases the documentation requirements 
entity (NFFE) that is not an excepted NFFE and does not           of sections 1441 and 1442 do not match the 
disclose its substantial U.S. owners (or certify that it has      documentation requirements of section 1446(a) or (f). See 

Inst. for the Requester of Forms W-8 (Rev. June 2022)          -3-

- 4 -

Page 4 of 19  Fileid: … ons/iw-8/202206/a/xml/cycle07/source                        11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Regulations sections 1.1446-1 through 1.1446-6 (for            Form 8966) when the individual provides a Form W-8BEN 
documentation requirements under section 1446(a)) and          and certain documentary evidence establishing foreign 
Regulations sections 1.1446(f)-2 and 1.1446(f)-4 (for          status.
documentation requirements under section 1446(f)). For             If you are an FFI documenting an account holder of an 
example, a Form W-8 provided by a partner (including a         account that you determine is excepted as a financial 
partner that is a partnership or trust) for section 1446(a) or account under Regulations section 1.1471-5(b)(2), a Form 
(f) purposes must include the partner's U.S. TIN to be a       W-8 (or other permitted documentation for chapter 4 
valid form to qualify for a preferential rate of withholding   purposes) is not required unless the form is associated 
(to the extent applicable), which you may also rely upon       with amounts subject to withholding under chapter 3. In 
when included on a separate statement associated with          such a case, a valid chapter 4 status (including that the 
an otherwise valid Form W-8. This statement may be             account is not a financial account) is not required to be 
provided by a partner that obtains a partnership interest      provided on the form.
after providing to you an otherwise valid Form W-8. A 
separate statement for providing a U.S. TIN must indicate      Requesting Form W-8
that it relates to the applicable Form W-8. See, however,      Generally, if you are making a payment of an amount 
Regulation section 1.1441-1(e)(4)(vii) for when a U.S. TIN     subject to chapter 3 withholding or a withholdable 
is required on a Form W-8 to be a valid form for chapter 3     payment, you must withhold as required at the 30% rate 
purposes. See also Regulations section 1.1446(f)-4(a)(5)       under chapter 3 or 4 unless you can reliably associate the 
for when you may rely on a Form W-8 or Form W-9                payment with a Form W-8 or other permitted 
furnished by a U.S. clearing organization for a member of      documentation to permit withholding at a reduced rate or 
the clearing organization for purposes of your requirement     an exemption from withholding. You can reliably associate 
(as a broker) to withhold on the transfer of a PTP interest.   a payment with a Form W-8 if you hold a valid form that 
A requirement to withhold under section 1446(f) will not       contains the information required for purposes of 
apply if you are a broker paying an amount realized on the     chapter 3 or 4 (as applicable), you can reliably determine 
sale of a PTP interest regardless of whether you obtain a      how much of the payment relates to the form, and you 
valid Form W-8 when the PTP publishes a qualified notice       may rely upon the form under the due diligence 
representing that the “10%” exception to withholding           requirements. See Due Diligence Requirements in 
under section 1446(f) applies (when applicable to the          General, later.
period in which the sale is made). See Regulations 
section 1.1446(f)-4(b)(3).                                         You should request a Form W-8 from any person to 
                                                               whom you are making a payment that you believe to be a 
Other Uses of Form W-8                                         foreign person. You should request the form before 
                                                               making a payment so that you have the form when you 
Chapter 61 and section 3406.   The Form W-8 you                make the payment. See, however, Regulations sections 
collect may also be used to establish a person's status for    1.1441-1(b)(7)(ii) and 1.1471-3(c)(7)(ii) for when you may 
purposes of domestic information reporting under               be able to rely on a Form W-8 obtained after the date of a 
chapter 61 and backup withholding under section 3406,          payment to support reduced withholding for chapter 3 or 4 
including for a payment settlement entity to determine         purposes.
whether a participating payee is a foreign person for 
                                                                   A withholding agent or payor that fails to obtain a valid 
purposes of section 6050W and whether a reportable 
                                                               Form W-8 or Form W-9 and fails to withhold as required 
policy sale recipient or reportable death benefits recipient 
                                                               under the presumption rules may be assessed tax at the 
is a foreign person for purposes of the reporting required 
                                                               30% rate under chapter 3 or 4 or the 24% backup 
under section 6050Y. In general, if you receive a Form 
                                                               withholding rate under section 3406 (as of the revision 
W-8 that you can reliably associate with the payment and 
                                                               date of these instructions), as well as interest and 
are permitted to rely upon (generally under the standards 
                                                               penalties for lack of compliance. If you are a partnership 
for foreign status claims for chapter 3 purposes), you are 
                                                               that fails to withhold on ECTI allocable to a foreign partner 
exempt from reporting the payment on a Form 1099 and 
                                                               as required under section 1446(a) or are a broker or 
withholding under section 3406.
                                                               transferee that fails to withhold as required under section 
FFI documenting account holders. If you are an FFI             1446(f), you will be liable for the tax required to be 
maintaining a financial account, you may be required to        withheld. A nominee for a PTP distribution may also be 
perform due diligence procedures to identify and               liable for failing to withhold to the extent required on the 
document the account holder under the chapter 4                distribution under Regulations section 1.1446-4. In 
regulations or an applicable intergovernmental agreement       addition under applicable regulations to section 1446(a) or 
(IGA) even if you are not making a payment to the account      (f), you may in certain cases be liable for interest, 
holder that is subject to withholding. You may use Form        penalties, and additions to the tax even if there is no 
W-8 to document the chapter 4 status of an account             underlying tax liability due from a foreign partner on its 
holder and to validate a claim of foreign status made by       allocable share of the partnership’s ECTI or from the 
the account holder, such as when the account has certain       transferor on the transfer of a partnership interest.
U.S. indicia. For example, a participating FFI may treat an 
individual account holder claiming foreign status that has         If you are a withholding agent making a payment of an 
U.S. indicia (as described in Regulations section              amount subject to chapter 3 withholding or a withholdable 
1.1471-4(c)(5)(iv)(B)) as a foreign person for purposes of     payment and you make the payment to an intermediary, 
the FFI’s U.S. account reporting requirements (that is,        you must obtain documentation from such intermediary 
                                                               (including the intermediary’s chapter 4 status if the 

                                                               -4- Inst. for the Requester of Forms W-8 (Rev. June 2022)

- 5 -

Page 5 of 19  Fileid: … ons/iw-8/202206/a/xml/cycle07/source                                  11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

payment is a withholdable payment), as well as any               signature block the name of the person authorized to sign, 
required documentation for the beneficial owner(s) of the        a time and date stamp, and a statement that the certificate 
payment to the extent required under the chapter 3 or 4          has been electronically signed. You may not treat a Form 
regulations.                                                     W-8 with a typed name in the signature line as validly 
                                                                 signed without further information supporting that the 
Do not send Forms W-8 to the IRS. Instead, keep the              signature is an electronic signature. You may also rely on 
forms in your records for as long as they may be relevant        an electronically signed withholding certificate based on 
to the determination of your liability under section 1461        additional information or documentation that you have no 
(for amounts subject to chapter 3 withholding), section          actual knowledge to be incorrect. See Regulations section 
1474 (for withholdable payments), or Regulations section         1.1441-1(e)(4)(i)(B).
1.1471-4(c)(2)(iv) (for an FFI documenting account 
holders). See, however, section 1.1446(f)-2(b)(7) for the        Requesting Prior Versions of Form W-8
requirement to furnish a certification for claiming treaty 
benefits to the IRS on the transfer of an interest in a          If the IRS issues an updated version of a Form W-8, you 
partnership (other than a PTP) subject to section 1446(f).       may accept the prior version of the form until the later of 6 
                                                                 full months after the revision date shown on the form or 
Form W-8 provided or signed electronically.       You may        the end of the calendar year the updated form is issued 
rely on a valid Form W-8 received by facsimile or scanned        (based on the revision date shown on the form), unless 
and furnished to you by email unless you know that the           the IRS has issued guidance that affects the period for 
person transmitting the Form W-8 is not authorized to do         acceptance of the prior version (for example, if a new 
so.                                                              payee status is required under revised regulations that is 
You may also rely on an otherwise valid Form W-8                 not in the prior version and is relevant to the payee’s 
received electronically from a third-party repository if the     claim).
form was uploaded or provided to the third-party 
repository and there are processes in place to ensure that       Due Diligence Requirements for 
the withholding certificate can be reliably associated with 
a specific request from you and a specific authorization         Reliance on Forms W-8
from the person providing the form (or an agent of the           When you receive a completed Form W-8, you must 
person providing the form) for you to receive the                review it for completeness and accuracy with respect to 
withholding certificate. Notwithstanding the preceding           the claims made on the form, as well as any information 
sentence, you do not need a specific authorization for           attached to the form, such as withholding statements and 
each payment to be associated with the withholding               beneficial owner withholding certificates associated with a 
certificate when you are permitted to rely on the                Form W-8IMY. In general, you may rely on the information 
withholding certificate on an obligation-by-obligation basis     and certifications provided on the form unless you have 
or as otherwise permitted under Regulations section              actual knowledge or reason to know that the information is 
1.1441-1(e)(4)(ix). You may also rely on a withholding           unreliable or incorrect. If you know or have reason to know 
statement received from a third-party repository if the          that any information is unreliable or incorrect, you must 
intermediary provides a Form W-8IMY and withholding              obtain a new Form W-8 or other appropriate 
statement through the repository, provides an updated            documentation. You may accept a valid Form W-8 for 
withholding statement to you in the event of any change in       chapter 3 or 61 purposes (or for backup withholding 
the information previously provided, and ensures there           purposes) that does not contain a valid chapter 4 status 
are processes in place to update you when there is a new         with respect to payments that are not withholdable 
withholding statement (and Forms W-8, as necessary) in           payments.
the event of any change that would affect the validity of 
the prior forms or withholding statement. For purposes of        Reason to know. In general, you have reason to know 
this paragraph, a third-party repository is an entity that       that a Form W-8 is unreliable or incorrect if:
maintains withholding certificates but is not an agent of        • The form is incomplete with respect to any item that is 
the applicable withholding agent or the person providing         relevant to the claims made;
the certificate. See Regulations section 1.1441-1(e)(4)(iv)      • The form contains any information that is inconsistent 
(E) for the complete requirements for relying on a               with the claims made;
withholding certificate from a third-party repository.           • The form lacks information necessary to establish that 
                                                                 the beneficial owner is entitled to a reduced rate of 
If you are a withholding agent that maintains a system           withholding; or
for furnishing Forms W-8 electronically, you must satisfy        • You have other account information that is inconsistent 
the requirements of Regulations section 1.1441-1(e)(4)(iv)       with the claims made, or you have knowledge of relevant 
(B). You may otherwise accept a Form W-8 with an                 facts or statements contained in the withholding certificate 
electronic signature, provided the electronic signature          or other documentation that would cause a reasonably 
meets the requirements of Regulations section                    prudent person in your position to question the claims 
1.1441-1(e)(4)(iv)(B)(3)(ii). The withholding certificate        made. For example, if you have information in your 
must reasonably demonstrate that the form has been               records that contradicts information provided on the form, 
electronically signed by the recipient identified on the form    you may not rely on the form.
(or a person authorized to sign for the recipient). For 
example, a withholding agent may treat as signed for               With respect to a claim for benefits under an income 
purposes of the requirements of a valid withholding              tax treaty, your reason-to-know requirement that the treaty 
certificate, a withholding certificate that has in the           claim is unreliable or incorrect includes when the 

Inst. for the Requester of Forms W-8 (Rev. June 2022)         -5-

- 6 -

Page 6 of 19      Fileid: … ons/iw-8/202206/a/xml/cycle07/source           11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

beneficial owner claims benefits under a treaty that does          b. You may treat an entity that has provided you with a 
not exist or is not in force. For this purpose, you may use    Form W-8BEN-E as a foreign person if you do not know or 
the list maintained at IRS.gov/businesses/international-       have reason to know that the entity is a flow-through entity 
businesses/united-states-income-tax-treaties-a-to-z to         and:
check whether a treaty exists and is in force.                     i. You have in your possession or obtain 
Limitations on reason to know for certain entities.            documentation establishing foreign status that 
If you are a financial institution (as defined in Regulations  substantiates that the entity is actually organized or 
section 1.1471-5(e)), insurance company, or broker or          created under the laws of a foreign country; or
dealer in securities maintaining an account for a direct 
                                                                   ii. For a payment made with respect to an offshore 
account holder that is the beneficial owner of the 
                                                               obligation (as defined in Regulations section 1.6049-5(c)
payment, and you make a payment of U.S. source FDAP 
                                                               (1)), you classify the entity as a resident of the country in 
income to the direct account holder, you have reason to 
                                                               which the account is maintained, you are required to 
know that a Form W-8 that is a beneficial owner 
                                                               report a payment made to the entity annually on a tax 
withholding certificate (excluding Form W-8ECI) is 
                                                               information statement that is filed with the tax authority of 
unreliable or incorrect for establishing foreign status (or 
                                                               the country in which the obligation is maintained, and that 
residency in a treaty country in item 4, directly below) only 
                                                               country has an income tax treaty or tax information 
if one or more of the following circumstances exist. See 
                                                               exchange agreement in effect with the United States.
also Regulations section 1.1441-7(b)(3)(ii) for special 
rules that apply to preexisting obligations (as defined for        2. The form is provided with respect to an offshore 
such purpose).                                                 obligation (as defined in Regulations section 1.6049-5(c)
                                                               (1)) and the direct account holder has provided standing 
1. You have classified the account holder claiming 
                                                               instructions directing you to pay amounts from its account 
foreign status as a U.S. person in your account 
                                                               to an address in, or an account maintained in, the United 
information, the Form W-8 has a current permanent 
                                                               States, unless the account holder provides either a 
residence address or a current mailing address in the 
                                                               reasonable explanation in writing that supports its foreign 
United States, you have a current residence or current         status or documentary evidence establishing its foreign 
mailing address in the United States as part of the 
                                                               status (as described in Regulations section 1.1471-3(c)(5)
account information, the direct account holder notifies you 
                                                               (i)).
of a new residence or mailing address in the United 
States, or, only to the extent described in Regulations            3. The Form W-8BEN is provided by an individual that 
section 1.1441-7(b)(5), you have a U.S. telephone              is a direct account holder and is used to establish foreign 
number as the sole telephone number for the account            status and you have, either on accompanying 
holder. However:                                               documentation or as part of your account information, an 
                                                               unambiguous indication of a place of birth for the 
a. An individual who has provided a Form W-8BEN 
                                                               individual in the United States, unless you have in your 
may be treated as a foreign person if:
                                                               possession or obtain documentary evidence (described in 
i. You have in your possession or obtain documentary           Regulations section 1.1471-3(c)(5)(i)(B)) demonstrating 
evidence establishing foreign status (as described in          citizenship in a country other than the United States and 
Regulations section 1.1471-3(c)(5)(i)) that does not           either:
contain a U.S. address, and the individual provides you 
                                                                   a. A copy of the individual’s Certificate of Loss of 
with a reasonable explanation, in writing, supporting his or 
                                                               Nationality of the United States, or
her claim of foreign status;
                                                                   b. A reasonable written explanation of the account 
ii. For a payment made outside the United States with 
                                                               holder’s renunciation of U.S. citizenship or the reason the 
respect to an offshore obligation (as defined in 
                                                               account holder did not obtain U.S. citizenship at birth.
Regulations section 1.6049-5(c)(1)), you have in your 
possession or obtain documentary evidence establishing             4. The Form W-8 is provided by a direct account 
foreign status (as described in Regulations section            holder and is used to establish residence in a treaty 
1.1471-3(c)(5)(i)) that does not contain a U.S. address;       country and:
iii. For a payment made with respect to an offshore                a. The permanent residence address on the form is 
obligation (as defined in Regulations section 1.6049-5(c)      not in the treaty country or the direct account holder 
(1)), you classify the individual as a resident of the country notifies you of a new permanent residence address that is 
where the obligation is maintained, you are required to        not in the treaty country, unless the direct account holder 
report payments made to the individual annually on a tax       provides a reasonable explanation for the permanent 
information statement that is filed with the tax authority of  residence address outside the treaty country or you have 
the country in which the obligation is maintained, and that    in your possession, or obtain, documentary evidence 
country has an income tax treaty or information exchange       (described in Regulations section 1.1471-3(c)(5)(i)) that 
agreement in effect with the United States; or                 establishes residency in the treaty country.
iv. For a case in which you have classified the account            b. The permanent residence address is in the treaty 
holder as a U.S. person in your account information, you       country, but the mailing address on the form is not in the 
have in your possession or obtain documentary evidence         treaty country or you have a current mailing address that 
(as described in Regulations section 1.1471-3(c)(5)(i)(B))     is not in the treaty country as part of your account 
demonstrating citizenship in a country other than the          information for the direct account holder, unless:
United States.                                                     i. You have in your possession, or obtain, 
                                                               documentary evidence (as described in Regulations 

                                                               -6-    Inst. for the Requester of Forms W-8 (Rev. June 2022)

- 7 -

Page 7 of 19           Fileid: … ons/iw-8/202206/a/xml/cycle07/source                         11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

section 1.1471-3(c)(5)(i)) supporting the claim of               holders for different payments or for different portions of 
residence in the treaty country and the additional               the same payment, you may accept the dual claims even 
documentation does not contain an address outside the            though you hold different withholding certificates that 
treaty country;                                                  require you to treat the entity inconsistently. Alternatively, 
ii. You have in your possession, or obtain,                      you may choose to apply only the claim made by the 
documentation that establishes that the direct account           entity, provided that the entity may be treated as the 
holder is an entity organized in a treaty country (or an         beneficial owner of the income. If, however, inconsistent 
entity managed and controlled in a treaty country, if            claims are made for the same portion of a payment, you 
required by the applicable treaty);                              may either reject both claims and request consistent 
                                                                 claims for that portion of the payment, or you may choose 
iii. You know that the address outside the treaty 
                                                                 which reduction in rate to apply.
country (other than a P.O. box or in-care-of address) is a 
branch of the direct account holder that is a resident of the    Requirements for Obtaining and Verifying a 
treaty country; or
                                                                 Global Intermediary Identification Number 
iv. The direct account holder provides a written                 (GIIN)
statement that reasonably establishes entitlement to 
treaty benefits.                                                 If you receive a Form W-8BEN-E, W-8IMY, or W-8EXP 
                                                                 from an entity payee claiming certain chapter 4 statuses, 
c. The direct account holder has standing instructions           you must obtain and verify the entity’s GIIN against the 
for you to pay amounts from the account to an address or         published IRS FFI list. See Regulations section 
account outside the treaty country unless the account            1.1471-3(e)(3). You must obtain and verify the GIIN for the 
holder provides a reasonable explanation, in writing,            following chapter 4 statuses.
establishing the account holder's residence in the               • Participating FFIs (including reporting Model 2 FFIs).
applicable treaty country or you have in your possession         • Registered deemed-compliant FFIs (including reporting 
or obtain documentary evidence (described in                     Model 1 FFIs).
Regulations section 1.1471-3(c)(5)(i)) establishing the          • Direct reporting NFFEs.
account holder’s residence in the applicable treaty              • Sponsored direct reporting NFFEs.
country.                                                         • Certain nonreporting IGA FFIs (as described below).
Where required, a reasonable explanation supporting                If you receive a Form W-8BEN-E or Form W-8IMY from 
an individual’s claim of foreign status means a written          a nonreporting IGA FFI that is a trustee-documented trust 
statement prepared by the individual, or, in the alternative,    that indicates its trustee is foreign, you must obtain a GIIN 
a checklist provided by you and completed by the                 of the trustee on the form.
individual stating that the individual meets one of the 
requirements listed in Regulations section 1.1441-7(b)             If you receive a Form W-8 from a nonreporting IGA FFI 
(12)(i) through (iv).                                            that checks Model 2 IGA in Part XII of Form W-8BEN-E, 
                                                                 Part XIX of Form W-8IMY, or Part III, line 15, of Form 
For additional information on the standards of 
                                                                 W-8EXP (as applicable), and identifies a category of entity 
knowledge for chapter 3 purposes for relying on a claim of 
                                                                 that is a registered deemed-compliant FFI under Annex II 
foreign status or a claim of residency in a treaty country 
                                                                 of an applicable Model 2 IGA, you must obtain and verify 
and limitations on reason to know, see Regulations 
                                                                 the GIIN of the nonreporting IGA FFI against the published 
sections 1.1441-6(b)(1) and 1.1441-7(b). For additional 
                                                                 IRS FFI list. Additionally, if you receive a Form W-8BEN-E 
information on the standards of knowledge for Forms W-8 
                                                                 or Form W-8IMY from a nonreporting IGA FFI that 
provided for chapter 4 purposes, see Regulations section 
                                                                 provides a citation to a section of the Regulations for its 
1.1471-3(e).
                                                                 registered deemed-compliant status in Part XII of Form 
Hold mail instruction. An address that is provided               W-8BEN-E or Part XIX of Form W-8IMY (as applicable) or 
subject to an instruction to hold all mail to that address is    the FFI identifies itself as a registered deemed-complaint 
not a permanent residence address, such that you may             FFI in Part I, line 4, of Form W-8EXP, you must obtain and 
not rely upon the Form W-8. However, the address can be          verify the GIIN of the nonreporting IGA FFI against the 
used as a permanent residence address if the person has          published IRS FFI list. See Regulations section 
provided you with the documentary evidence required for          1.1471-1(b)(83) for the definition of nonreporting IGA FFI 
this purpose, which differs depending on whether the             and Regulations section 1.1471-3(d)(7)(i) for the 
Form W-8 includes a treaty claim but which need not              documentation requirements for nonreporting IGA FFIs.
include a permanent residence address. See Regulations 
                                                                   For an entity claiming status as a certified 
section 1.1441-1(c)(38)(ii). If, after a Form W-8 is 
                                                                 deemed-compliant FFI that is a sponsored, closely held 
provided, a person’s permanent residence address is 
                                                                 investment vehicle described in Regulations section 
subsequently subject to a hold mail instruction, this is a 
                                                                 1.1471-5(f)(2)(iii) on a Form W-8BEN-E or Form W-8IMY, 
change in circumstances requiring the person to provide 
                                                                 you must obtain the GIIN for the sponsoring entity and 
the documentary evidence described in the preceding 
                                                                 verify it against the published IRS FFI list. For an entity 
sentence in order to use the address as a permanent 
                                                                 claiming status as a sponsored investment entity or 
residence address.
                                                                 controlled foreign corporation described in Regulations 
Dual claims under a tax treaty.     If you are making            section 1.1471-5(f)(1)(i)(F), you must obtain and verify the 
payments to a foreign entity that is simultaneously              GIIN of the sponsored investment entity or controlled 
claiming a reduced rate of tax under a tax treaty on its own     foreign corporation against the published IRS FFI list, not 
behalf and a separate treaty claim on behalf of its interest     the GIIN of the sponsoring entity.

Inst. for the Requester of Forms W-8 (Rev. June 2022)         -7-

- 8 -

Page 8 of 19     Fileid: … ons/iw-8/202206/a/xml/cycle07/source                             11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

If you receive a Form W-8BEN-E, Form W-8IMY, or                  received and the partnership does not use other means to 
Form W-8EXP from an entity payee that is claiming                determine a partner's non-foreign status (only for section 
chapter 4 status as a participating FFI (including a             1446(a) withholding), the amount is treated as made to a 
reporting Model 2 FFI), registered deemed-compliant FFI          foreign person and, unless an exception applies, 
(including a reporting Model 1 FFI and a sponsored FFI           withholding applies as required under the regulations to 
described in the Treasury regulations under section              section 1446(a) or 1446(f) (as applicable).
1471), direct reporting NFFE, sponsored direct reporting 
NFFE, or nonreporting IGA FFI required to provide a GIIN         When To Request a New Form W-8
(as described earlier) that contains “Applied for” in the box    Request a new Form W-8:
for the GIIN, the payee must provide its GIIN within 90              • Before the expiration of the validity period of an existing 
days of providing the form. A Form W-8 from such a               Form W-8 (when applicable);
payee that does not include a GIIN, or includes a GIIN that          • If the existing form does not support a claim for a 
does not appear on the published IRS FFI list, will be           reduced rate of withholding or is incomplete with respect 
invalid for purposes of chapter 4 beginning on the date          to any claim made on the form (such as may result, for 
that is 90 days after the date the form is provided. See         example, from a new regulatory requirement relevant to 
Regulations section 1.1471-3(e)(3)(iii) and (iv).                the Form W-8); or
                                                                     • If you know or have reason to know of a change in 
You may only accept a Form W-8BEN-E or Form                      circumstances that makes any information on the current 
W-8IMY with Part II completed if the entity shown in Part II     form unreliable or incorrect for purposes of chapter 3 or 4 
is an FFI that is a branch of the entity identified in Part II,  (to the extent applicable) based on the claims made on 
line 1, and the branch is receiving a withholdable               the form.
payment, or if the entity shown in Part II is a disregarded            Example. A foreign individual investor opens an 
entity that is identified in Part I, line 3, as receiving the    account with a broker to purchase U.S. Treasury bonds 
payment. If you receive a Form W-8BEN-E or Form                  and provides Form W-8BEN to obtain the portfolio interest 
W-8IMY from a branch (other than a U.S. branch) or               exemption. The investor does not complete Part II of Form 
disregarded entity described in the preceding sentence           W-8BEN because he or she is not claiming treaty benefits. 
that is receiving a payment associated with the form, you        Later, the investor purchases U.S. stock and claims treaty 
must verify the GIIN of the branch (unless the branch is         benefits on dividend income. The withholding agent must 
treated as a nonparticipating FFI) or disregarded entity         obtain a new Form W-8BEN at that time that provides the 
that is provided in Part II against the published IRS FFI list   information required in Part II to be able to withhold based 
and not that of the entity identified in Part I, line 1. In such on the treaty claim and not at the 30% withholding tax 
a case, you may accept the form without a GIIN on line 9a        rate.
(for Form W-8BEN-E) or line 9 (for Form W-8IMY). If you 
receive a Form W-8BEN-E from a U.S. branch, the branch           Changes in circumstances for chapter 4 purposes. 
may provide the GIIN of any other branch of the FFI              For chapter 4 purposes, a change in circumstances 
(including the GIIN for the FFI’s residence country). A U.S.     generally occurs when there is a change in a person’s 
branch providing a Form W-8IMY is not required to                chapter 4 status. You must treat a Form W-8 as invalid 
provide a GIIN.                                                  when you know or have reason to know of a change in 
                                                                 circumstances that affects the correctness of the form. 
Presumption Rules                                                However, you may continue to treat an FFI as having the 
If you do not receive a valid Form W-8 or Form W-9 that          same chapter 4 status that it had prior to the change in 
you may rely upon under the due diligence requirements,          circumstances until the earlier of 90 days from the date of 
or cannot otherwise determine whether a payment should           the change or the date that new documentation is 
be treated as made to a U.S. or foreign person, you must         obtained.
apply the presumption rules provided in the regulations. If            You are not considered to have reason to know of a 
the payment is an amount subject to withholding under            change in circumstances if an FFI’s chapter 4 status 
chapter 3 or 4 or a reportable payment under one of those        changes solely because the jurisdiction where the FFI is 
sections or another relevant section under chapter 61 of         resident, organized, or located is treated as having an IGA 
the Code, you must apply the presumption rules provided          in effect or if the jurisdiction had a Model 2 IGA in effect 
in the Regulations under sections 1441, 1471, 6045, and          and is later treated as having a Model 1 IGA in effect. If 
6049 (as applicable). If the presumption rules are applied       such change in circumstances occurs, the FFI may 
to treat a person as a foreign person, the statutory 30%         provide you with oral or written confirmation (including by 
withholding rate applies to a payment subject to                 email) of its new chapter 4 status rather than providing a 
withholding under chapter 3 and cannot be reduced (for           new Form W-8, and you must retain a record of this 
example, no treaty rate). You may not rely on the                confirmation.
presumption rules if you have actual knowledge that a                  If an FFI is resident, organized, or located in a 
higher withholding rate is applicable. If you determine that     jurisdiction that is treated as having an IGA in effect, and 
you are making a withholdable payment to an entity and           the jurisdiction’s status on the Treasury Department’s IGA 
cannot reliably associate the payment with a Form W-8 or         list (located at Treasury.gov/resource-center/tax-policy/
other permitted documentation that is valid for chapter 4        treaties/pages/FATCA.aspx) is later updated to indicate 
purposes, you are required to treat the entity payee as a        that it is no longer treated as having an IGA in effect, you 
nonparticipating FFI. If the payment is an amount subject        will have reason to know of a change in circumstances 
to withholding under section 1446(a) or section 1446(f) for      with respect to the FFI’s chapter 4 status on the date that 
which a valid Form W-9 (or acceptable substitute) is not 

                                                                 -8-   Inst. for the Requester of Forms W-8 (Rev. June 2022)

- 9 -

Page 9 of 19   Fileid: … ons/iw-8/202206/a/xml/cycle07/source                                  11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

the jurisdiction ceases to be treated as having an IGA in             Example 2. An abbreviation of a country of residence 
effect. See Regulations section 1.1471-3(c)(6)(ii)(E)(3). If        on Form W-8BEN is an inconsequential error if it is an 
such change in circumstances occurs, the FFI may                    ambiguous abbreviation and you have documentary 
provide you with oral or written confirmation (including by         evidence supporting the beneficial owner's country of 
email) of its new chapter 4 status rather than providing a          residence. For further information about withholding 
new Form W-8, and you must retain a record of this                  certificates that contain inconsequential errors, see 
confirmation.                                                       Regulations section 1.1441-1(b)(7)(iv) for chapter 3 
                                                                    purposes and Regulations section 1.1471-3(c)(7)(i) for 
Period of Validity                                                  chapter 4 purposes.

Generally, a Form W-8 is valid from the date signed until           Foreign TINs
the last day of the third succeeding calendar year unless a 
                                                                    If you are a U.S. office or branch of a depository 
change in circumstances occurs that makes any 
                                                                    institution, custodial institution, investment entity, or 
information on the form incorrect. For example, a Form 
                                                                    specified insurance company (each as defined in 
W-8BEN signed on September 30, 2022, generally 
                                                                    Regulations section 1.1471-5(e)) documenting an account 
remains valid through December 31, 2025. However, 
                                                                    holder (as defined in Regulations section 1.1471-5(a)(3)) 
under certain conditions, a Form W-8 will be valid 
                                                                    of an account that is a financial account (as defined in 
indefinitely unless there has been a change in 
                                                                    Regulations section 1.1471-5(b)), you must obtain the 
circumstances. For example, a Form W-8BEN and 
                                                                    account holder’s TIN for its jurisdiction of tax residence 
documentary evidence supporting an individual’s claim of 
                                                                    (FTIN) on a Form W-8 that is a beneficial owner 
foreign status (other than the portion of the form making a 
                                                                    withholding certificate in order for the form to be valid for a 
claim for treaty benefits) are indefinitely valid if the form 
                                                                    payment of U.S. source income reportable on Form 
and documentary evidence are provided within 30 days of 
                                                                    1042-S (as determined before the application of this 
each other. A Form W-8BEN-E and documentary 
                                                                    requirement), unless:
evidence supporting an entity’s claim of foreign status 
(other than the portion of the form making a claim for              • The account holder is resident of a jurisdiction that is 
                                                                    not listed in section 3 of Rev. Proc. 2020-15, 2020-23 
treaty benefits) that are received by a withholding agent 
                                                                    I.R.B. 905, which may be further updated in future 
before the validity period of either the form or the 
                                                                    published guidance;
documentary evidence would otherwise expire are 
indefinitely valid. A Form W-8IMY is valid indefinitely as          • The account holder is resident in a jurisdiction that has 
                                                                    been identified on the IRS's List of Jurisdictions That Do 
described in this paragraph, but see Notes for Validating 
                                                                    Not Issue Foreign TINs, available at IRS.gov/businesses/
Form W-8IMY, later, for the validity period for a Form 
                                                                    corporations/list-of-jurisdictions-that-do-not-issue-foreign-
W-8IMY provided by a QDD. For further information on 
                                                                    tins;
the period of validity for a Form W-8 for chapter 3 
purposes, see Regulations section 1.1441-1(e)(4)(ii), and           • The account holder is a government (including a 
                                                                    controlled entity that is a foreign government under 
for chapter 4 purposes, see Regulations section 
                                                                    section 892), international organization, foreign central 
1.1471-3(c)(6)(ii). The validity period for a Form W-8 
                                                                    bank of issue, or resident of a U.S. territory; or
associated with an amount subject to withholding under 
section 1446(a) or an amount realized under section                 • You obtain a reasonable explanation for why the 
                                                                    account holder has not been issued an FTIN (generally by 
1446(f) is determined under the chapter 3 requirements 
                                                                    the account holder checking an applicable box on the 
referenced in the preceding sentence.
                                                                    form).
Forms Received That Are Not Dated or That                             A reasonable explanation that an account holder does 
Contain Inconsequential Errors or Omissions                         not have an FTIN must address why the account holder 
                                                                    was not issued an FTIN only to the extent provided in the 
If a Form W-8 is valid except that the person providing the         instructions for the applicable Form W-8. A reasonable 
form has not dated the form, you may date the form from             explanation for not providing an FTIN includes checking 
the day you receive it and measure the validity period              the applicable box signaling that you are not legally 
from that date. Generally, you may treat a withholding              required to obtain an FTIN from your jurisdiction of 
certificate as valid if it contains an error or omission that is    residence (including if the jurisdiction does not issue 
inconsequential and you have sufficient documentation on            FTINs). If an account holder provides an explanation other 
file to supplement the missing information. However, a              than or in furtherance of the one described in the 
failure to establish an entity type or make a required              Instructions for the applicable Form W-8, you must 
certification is not inconsequential.                               determine whether the explanation is reasonable. In such 
Example 1.    If an entity receiving a withholdable                 a case, you may accept this further (or other) explanation 
payment selects a certified deemed-compliant FFI status             if it is written in the line on the form for an FTIN, in the 
on line 5 of Form W-8BEN-E but does not complete the                margins of the form, or on a separate attached statement 
corresponding required certifications in Part V, the form is        associated with the form.
invalid for chapter 4 purposes. On the other hand, if you 
receive a Form W-8 for which the person signing the form              You may rely on an FTIN provided on a Form W-8 
does not also print a name before the signature when                unless you know or have reason to know it is incorrect. 
required on the form, you are not required to treat the form        You may also accept the FTIN on a separate statement as 
as incomplete if you have documentation or information              provided in Regulations section 1.1441-1(e)(2)(ii)(B)(1).
supporting the identity of the person signing the form.

Inst. for the Requester of Forms W-8 (Rev. June 2022)            -9-

- 10 -

Page 10 of 19  Fileid: … ons/iw-8/202206/a/xml/cycle07/source                           11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Alternative Certifications Under an Applicable                  of section 1446(a), or are a broker or transferee 
IGA                                                             documenting a transferor paid an amount realized under 
                                                                section 1446(f); if a payee claims foreign status for 
If you are an FFI subject to a Model 1 or Model 2 IGA 
                                                                purposes of domestic information reporting and backup 
using Form W-8BEN-E or Form W-8IMY to document 
                                                                withholding; or if you are an FFI using this form to 
account holders pursuant to the due diligence 
                                                                document an account for purposes of chapter 4.
requirements of Annex I of an applicable IGA, you may 
request alternative certifications from your account 
holders in accordance with the requirements of, and             Notes for Validating Form W-8BEN
definitions applicable to, the IGA instead of the               Line 6a and 6b (Foreign TIN). If you do not obtain an 
certifications on Form W-8BEN-E or W-8IMY. You should           FTIN on line 6a (when required) and the account holder 
provide those certifications to account holders from whom       has not checked line 6b, or provided a further (or other) 
you request a Form W-8BEN-E or W-8IMY, and the                  explanation for why the account holder has not been 
account holder should attach the completed certification        issued an FTIN on a separate statement (see Foreign 
to the Form W-8BEN-E or W-8IMY in lieu of completing a          TINs, earlier), you must treat the form as invalid for 
certification otherwise required. In such a case, you must      payments of U.S. source income reportable on Form 
provide a written statement to the account holder stating       1042-S (as determined before the application of this 
that you have provided the alternative certification to meet    requirement).
your due diligence requirements under an applicable IGA 
and you must associate the certification with the Form          Line 8 (Date of birth). If you are a U.S. office or branch 
W-8BEN-E or W-8IMY.                                             of a depository institution, custodial institution, investment 
                                                                entity, or specified insurance company (each as defined in 
If you are a withholding agent (including an FFI), you          Regulations section 1.1471-5(e)) documenting an 
may also request and rely upon an alternative certification     individual account holder (as defined in Regulations 
from an entity account holder to establish that the account     section 1.1471-5(a)(3)) of an account that is a financial 
holder is an NFFE (rather than a financial institution)         account (as defined in Regulations section 1.1471-5(b)), 
under an applicable IGA. An entity providing such a             you must obtain the individual account holder’s date of 
certification will still be required, however, to provide its   birth on the Form W-8BEN in order for the form to not be 
chapter 4 status (that is, the type of NFFE) in Part I, line 5, invalid for a payment of U.S. source income reportable on 
as determined under the regulations if you are a                Form 1042-S (as determined before the application of this 
withholding agent other than an FFI documenting an              requirement). If the individual’s date of birth is not 
account holder under Annex I of an applicable IGA. For          provided on the Form W-8BEN, the form is not invalid if 
example, if you are a U.S. withholding agent that receives      you otherwise have the date of birth in your account files 
a Form W-8BEN-E or W-8IMY from an entity account                for the account holder or you obtain the date of birth on a 
holder certifying to its status as a passive NFFE, you may      written statement (including a written statement 
request a written certification that the entity is not a        transmitted by email) from the account holder and 
financial institution as defined under the IGA applicable to    associate the written statement with the Form W-8BEN. 
the entity and document it under the regulations by             You may rely on the date of birth provided by an account 
obtaining the NFFE's certification of its chapter 4 status in   holder unless you know or have reason to know it is 
Part I, line 5. In the case of an FFI documenting an            incorrect.
account holder under Annex I of an applicable IGA, 
                                                                Line 10 (Special rates and conditions). If the 
however, a nonprofit organization treated as an active 
                                                                beneficial owner is required to explain the additional 
NFFE under the Annex may provide an FFI with an 
                                                                conditions in the treaty that it meets to be eligible for the 
alternative certification that it is an NFFE that qualifies as 
                                                                rate of withholding on line 10, you may accept a brief 
a nonprofit organization under an applicable IGA. In such 
                                                                explanation for this purpose. You may accept a treaty 
a case, the nonprofit organization will not be required to 
                                                                claim without this explanation under an interest or 
check a box in Part I, line 5, and the FFI may treat the 
                                                                dividends (other than dividends subject to a preferential 
entity as an excepted NFFE.
                                                                rate based on ownership) article of a treaty or other 
If you receive an alternative certification under an            income article, unless such article requires additional 
applicable IGA described in the preceding paragraphs,           representations.
you may rely on such certification unless you know or                See the Instructions for Form W-8BEN for further 
have reason to know the certification is incorrect.             information for when a beneficial owner is required to 
                                                                complete line 10. For a beneficial owner that is claiming 
Rules for Specific Types of Forms                               treaty benefits for gain or income with respect to a PTP 
                                                                and that is subject to section 1446, the name of each PTP 
W-8                                                             to which the claim relates must be identified. If the 
                                                                beneficial owner receives gain or income with respect to 
Form W-8BEN                                                     multiple PTPs, it may attach a separate statement to the 
You should request Form W-8BEN from any foreign                 form that identifies each PTP. If the beneficial owner 
individual for any of the purposes described previously in      provides the separate statement after it has provided the 
these instructions. These purposes include if you are           Form W-8BEN, it must indicate that the statement relates 
making a payment subject to chapter 3 withholding or a          to the applicable form.
withholdable payment; if you are a partnership (or 
nominee for a PTP) documenting a partner for purposes 

                                                                -10- Inst. for the Requester of Forms W-8 (Rev. June 2022)

- 11 -

Page 11 of 19        Fileid: … ons/iw-8/202206/a/xml/cycle07/source                        11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

A beneficial owner that is taxed on a remittance basis         attached that includes all of the information required by 
and that is claiming treaty benefits with respect to a         Part II for each branch/disregarded entity and you are able 
payment under a treaty must state this on line 10 and          to allocate each payment to each branch/disregarded 
include the amount of income that was remitted to, and is      entity associated with the form. See Requirements for 
taxable in, the treaty country. You may generally rely on      Obtaining and Verifying a Global Intermediary 
the claim if you are remitting the payment to the treaty       Identification Number (GIIN), earlier, for when a GIIN is 
country (or you know that another withholding agent is         required when Part II is completed.
doing so) or if you maintain the account for the claimant in 
                                                               Part III (Claim of Tax Treaty Benefits), line 14b.        An 
the treaty country, subject to any due diligence 
                                                               entity claiming a reduced rate of withholding under an 
requirements applicable to validating a claim of residency 
                                                               income tax treaty that contains a limitation on benefits 
in a treaty jurisdiction (see Limitations on reason to know 
                                                               (LOB) article must identify the LOB provision that it 
for certain entities, earlier). In certain cases, you may also 
                                                               satisfies by checking one of the boxes on line 14b. In 
be able to use the adjustment to overwithholding 
                                                               general, the entity is only required to check one box, even 
procedures in Regulations section 1.1461-2(a) to repay a 
                                                               if it satisfies more than one provision. If the applicable 
beneficial owner that establishes remittance of the 
                                                               treaty has no LOB article, the entity must check the box 
payment to the treaty country after you make the payment.
                                                               indicating no LOB article in the treaty. You may rely on the 
Form W-8BEN-E                                                  entity’s claim on line 14b unless you have actual 
                                                               knowledge that the claim is incorrect.
You should request Form W-8BEN-E from any foreign 
entity for the purposes described previously in these          Part III, line 15 (Special rates and conditions).         If the 
Instructions for Form W-8BEN or if the payee is to             beneficial owner is required to explain the additional 
establish that certain income from notional principal          conditions in the treaty that it meets to be eligible for the 
contracts is not effectively connected with the conduct of     rate of withholding on line 15, you may accept a brief 
a U.S. trade or business (for reporting on Form 1042-S).       explanation. You may accept a treaty claim without this 
See Regulations section 1.1441-4, and Notional principal       explanation under an interest or dividends (other than 
contracts reportable on Form 1042-S, later.                    dividends subject to a preferential rate based on 
                                                               ownership) article of a treaty or other income article, 
Notes for Validating Form W-8BEN-E                             unless such article requires additional representations.
                                                                   See the Instructions for Form W-8BEN-E for further 
Part I, line 4 (Chapter 3 Status). If you receive a Form       information for when a beneficial owner is required to 
W-8BEN-E from an entity that indicates in Part I, line 4,      complete line 15. For a beneficial owner that is claiming 
that it is a disregarded entity, partnership, simple trust, or treaty benefits for gain or income with respect to a PTP 
grantor trust, and the entity has checked “No” in Part I,      that is subject to withholding under section 1446(a) or (f), 
line 4 (regarding the entity’s claim of treaty benefits), you  the name of each PTP to which the claim relates must be 
should not accept the Form W-8BEN-E if the form is used        identified. If the beneficial owner receives gain or income 
only with respect to reportable amounts or withholdable        with respect to multiple PTPs, it may attach a separate 
payments. In such a case, you should request the entity        statement to the form that identifies each PTP. If the 
complete a Form W-8IMY if the entity is a partnership,         beneficial owner provides the separate statement after it 
simple trust, or grantor trust, or have the owner of a         has provided the Form W-8BEN-E, it must indicate that 
disregarded entity complete the appropriate Form W-8. If       the statement relates to the applicable form.
you are an FFI documenting an entity account holder 
solely for chapter 4 purposes (that is, you are not required   Part X (Owner-Documented FFI), line 24.      You may 
to document the payee for purposes of withholding or           accept this certificate and treat an entity as an 
domestic information reporting), the entity does not need      owner-documented FFI only if you are a designated 
to provide a chapter 3 status on line 4 of the form. For       withholding agent under the chapter 4 regulations. Also, 
purposes of section 1446, however, you may accept a            an owner-documented FFI that is a nonreporting IGA FFI 
Form W-8BEN-E from a simple trust.                             must check “Owner-Documented FFI” (and not 
                                                               “Nonreporting IGA FFI”) on line 5 and complete Part X. 
Part I, lines 9b, and 9c (Foreign TIN). If you do not          You may accept a Form W-8BEN-E from an entity 
obtain an FTIN on line 9b (when required) and the              claiming status as an Owner-Documented FFI that does 
account holder has not checked line 9c, provided a further     not check box 24d in Part X regardless of whether you 
(or other) explanation for why the account holder has not      know that the entity is a trust that has one or more 
been issued an FTIN on a separate statement (see               contingent beneficiaries.
Foreign TINs, earlier), you must treat the form as invalid 
for payments of U.S. source income reportable on Form          Form W-8ECI
1042-S (as determined before the application of this           You should request Form W-8ECI from any foreign person 
requirement).                                                  or organization to which you are making a payment 
Part II (Disregarded Entity or Branch Receiving Pay-           subject to withholding under chapter 3 or 4 if it is the 
ment). If you are making payments to multiple branches/        beneficial owner of the income (or an entity engaged in a 
disregarded entities that would be completing Part II, and     U.S. trade or business submitting the form on behalf of its 
the Part I information for each branch/disregarded entity is   owners, partners, or beneficiaries) and claims that the 
the same, instead of obtaining separate Forms W-8BEN-E         income is effectively connected with the conduct of a 
with respect to each branch/disregarded entity, you may        trade or business in the United States. However, if you are 
accept a single Form W-8BEN-E with a separate schedule         a partnership (or nominee for a PTP interest), you should 

Inst. for the Requester of Forms W-8 (Rev. June 2022)          -11-

- 12 -

Page 12 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

request a Form W-8BEN or W-8BEN-E (as applicable) amount under section 871(m)). However, if the income is
from a foreign partner that is allocated income that is ECTI effectively connected with the conduct of a U.S. trade or
for purposes of withholding under section 1446(a). business, it is reportable by you on Form 1042-S
Nevertheless, a foreign partner that has made an election (regardless of whether the payment is U.S. source
under section 871(d) or section 882(d) must provide that income). You must treat income as effectively connected
election to the partnership along with a Form W-8ECI. with the conduct of a U.S. trade or business, even if a
Form W-8ECI has not been received, if the income is paid
An exception from section 1446(f) withholding applies
to a qualified business unit of a foreign person located in
to a foreign dealer that transfers a PTP interest if the
the United States or if the income is paid to a qualified
foreign dealer provides Form W-8ECI and makes the
business unit of a foreign person located outside the
certifications set forth on line 12 of such form. See
United States and you know, or have reason to know, that
Regulations section 1.1446(f)-4(b)(6). You may rely on the
the payment is income effectively connected with the
certifications made by the dealer for this purpose unless
conduct of a U.S. trade or business. However, a payment
you have actual knowledge they are unreliable or
is not treated as income effectively connected with the
incorrect.
conduct of a U.S. trade or business if the payee provides
If you receive a Form W-8ECI without a U.S. TIN a Form W-8BEN-E representing that the payment is not
entered on line 7, you may not rely on Form W-8ECI to income effectively connected with a U.S. trade or
treat the income as effectively connected with a U.S. trade business or makes a representation in a master
or business and you must apply the appropriate agreement that governs the transactions in notional
presumption rules or obtain another Form W-8 for the principal contracts between the parties (for example, an
payee that you may rely upon. If you receive a Form International Swaps and Derivatives Association
W-8ECI without an FTIN on line 8a when required and the agreement), or in the confirmation on the particular
account holder has not checked line 8b, or provided a notional principal contract transaction, that the payee is a
reasonable (or other) explanation for why the account U.S. person or a non-U.S. branch of a foreign person.
holder has not been issued an FTIN on a separate
Payments to certain U.S. branches treated as effec-
statement when required (see Foreign TINs, earlier), you
tively connected income. If you make a payment to a
must treat the form as invalid for payments of U.S. source
U.S. branch of a foreign bank or insurance company that
income reportable on Form 1042-S (as determined before
does not provide a withholding certificate but has provided
the application of this requirement).
an employer identification number (EIN), the payment is
Your receipt of Form W-8ECI serves as a presumed to be effectively connected with the conduct of
representation by the payee or beneficial owner that the a trade or business within the United States even if the
items of income identified on line 11 are effectively foreign person (or its U.S. branch) does not give you a
connected with the conduct of a trade or business within Form W-8ECI. If you do not obtain a Form W-8ECI or the
the United States. Therefore, if a beneficial owner U.S. branch’s EIN, the income paid cannot be treated as
provides you with a Form W-8ECI, you may treat all of the income effectively connected with a U.S. trade or
U.S. source income identified on line 11 paid to that business.
beneficial owner as effectively connected with the conduct
of a trade or business within the United States and not as Form W-8EXP
a withholdable payment for purposes of chapter 4. You should request Form W-8EXP from any foreign
Accordingly, a chapter 4 status is not required for a payee government, international organization, foreign central
who provides a valid Form W-8ECI unless you are an FFI bank of issue, foreign tax-exempt organization, foreign
requesting a Form W-8ECI from an account holder for private foundation, or government of a U.S. possession to
purposes of your chapter 4 due diligence requirements. which you are making a payment of an amount subject to
If you pay items of income that are not identified on chapter 3 withholding if such person is claiming an
line 11 by the beneficial owner as effectively connected exemption from withholding under sections 1441, 1442,
with the conduct of a trade or business within the United and 1443 pursuant to section 115(2), 501(c), 892, or 895,
States, you are generally required to obtain another type or claiming a rate of withholding under section 1443(b).
of Form W-8 from the beneficial owner. Except as provided below, you should request Form
W-8EXP from a person claiming an exemption from
Generally, you may not treat an amount otherwise withholding under chapter 4 as an exempt beneficial
subject to withholding under chapter 3 or 4 as income owner or tax-exempt organization under section 501(c) or
effectively connected with the conduct of a trade or that is claiming any other chapter 4 status shown on the
business within the United States unless the beneficial form when also claiming a chapter 3 status described in
owner gives you a valid Form W-8ECI. However, there are the preceding sentence. In certain cases, a GIIN may be
exceptions (described below) for income paid on notional required based on the chapter 4 status claimed on the
principal contracts and payments made to certain U.S. form. See Requirements for Obtaining and Verifying a
branches. Global Intermediary Identification Number (GIINs), earlier.
Notional principal contracts reportable on Form If you are an FFI documenting an account holder that is
1042-S. Withholding at a 30% rate is not required on a tax-exempt organization or exempt beneficial owner
amounts paid under the terms of a notional principal (each as defined for chapter 4 purposes) to which you do
contract whether or not a Form W-8ECI is provided not pay amounts subject to withholding under chapter 3,
(except when a payment made under such contract is you may require that the account holder complete Form
U.S. source income, such as a dividend equivalent

-12- Inst. for the Requester of Forms W-8 (Rev. June 2022)

- 13 -

Page 13 of 19  Fileid: … ons/iw-8/202206/a/xml/cycle07/source                 11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

W-8BEN-E (rather than Form W-8EXP) to establish its           with respect to payments of U.S. source substitute 
status for chapter 4 purposes.                                dividends made in 2022 and may be relied upon 
                                                              regardless of whether the QSL acts as an intermediary 
A Form W-8EXP submitted by a foreign person that is a 
                                                              with respect to substitute dividends associated with the 
partner in a partnership for purposes of withholding under 
                                                              form. You may accept a Form W-8IMY from an individual 
sections 1441 through 1443 will also establish that 
                                                              acting as an agent or intermediary (as appropriately 
partner's foreign status for purposes of section 1446. 
                                                              amended to account for individual status), but you are not 
However, except as provided in Regulations section 
                                                              required to obtain such form if you are able to associate 
1.1446-3(c)(3) (regarding certain tax-exempt 
                                                              payments you make to the person(s) for whom the 
organizations described in section 501(c)), the 
                                                              individual acts.
submission of Form W-8EXP will have no effect on 
whether the partner is subject to withholding under section      You may accept multiple Forms W-8IMY from an 
1446(a).                                                      intermediary that is acting in multiple capacities (for 
You may treat a payee as an international organization        example, as a QI for one account but an NQI or QDD for 
without requiring a Form W-8EXP if the payee is               another account). However, a QI may provide you with a 
designated as an international organization by an             single Form W-8IMY that covers more than one category 
executive order (pursuant to 22 U.S.C. 288 through            of QI shown on the form, provided that it properly 
288(f)) and other facts surrounding the payment               identifies to you the accounts and/or transactions on a 
reasonably indicate that the beneficial owner of the          withholding statement. Thus, for example, a QI may 
payment is an international organization. With regard to      provide a single Form W-8IMY when acting as both an 
amounts derived from bankers' acceptances for chapter 3       intermediary and as a QDD with respect to payments you 
purposes, you may treat a payee as a foreign central bank     make to the QI (by checking each applicable box in Part III 
of issue without requiring a Form W-8EXP if the name of       of the form). You may accept a single Form W-8IMY, 
the payee and other facts surrounding the payment             including a withholding statement with the required 
reasonably indicate that the beneficial owner of the          information. For multiple branches of the entity providing 
payment is a foreign central bank of issue.                   the form if the information in Part I is the same for each 
                                                              branch and a separate schedule is attached that includes 
A U.S. TIN is required if the beneficial owner is claiming    all of the Part II information on each branch and sufficient 
an exemption or reduced rate of withholding based solely      information to associate the payments with each branch 
on a claim of tax-exempt status under section 501(c) or       and any other required information.
private foundation status. However, a U.S. TIN is not 
required from a foreign private foundation that is subject to    The chapter 4 status of an intermediary or flow-through 
the 4% excise tax on gross investment income (under           entity is required on Part I of the form if the form is 
section 4948(a)) that would be exempt from withholding        associated with a withholdable payment. Part II must be 
except for section 4948(a) (for example, portfolio interest). completed when a withholdable payment is made to a 
If you receive a Form W-8EXP without an FTIN (or a            branch or disregarded entity described in Part II of the 
reasonable explanation for why the account holder has         form.
not been issued an FTIN) on line 8b (or on a separate            Generally, for purposes of both chapters 3 and 4, 
statement) when required (see Foreign TINs, earlier), you     except to the extent otherwise provided in the Regulations 
must treat the form as invalid for payments of U.S. source    under section 1441 or 1471, a Form W-8IMY must be 
income reportable on Form 1042-S (as determined before        associated with a withholding statement and withholding 
the application of this requirement).                         certificates (or documentary evidence, where permitted) 
                                                              for the beneficial owners. Generally, the withholding 
Form W-8IMY
                                                              statement must allocate the payment to each payee (or 
For purposes of chapter 3 and 4, you should request Form      pool of payees, where permitted, as described later), 
W-8IMY from any entity that is a QI (including a QI acting    provide the rate of withholding for each payee (or pool of 
as a QDD), an NQI (including certain U.S. branches and        payees), and provide certain identification information on 
territory financial institutions), a withholding foreign      each payee that is not included in a pool. See, however, 
partnership (WP), a withholding foreign trust (WT), or a      Regulations section 1.1441-1(e)(3)(iv)(C)(3) for the 
flow-through entity to which you make a withholdable          allowance for a withholding agent to accept an alternative 
payment or pay a reportable amount. A flow-through entity     withholding statement from an NQI (which also applies to 
for purposes of chapters 3 and 4 includes a foreign           a flow-through entity) for purposes of chapter 3 or 4. Also 
partnership (other than a WP), a foreign simple or grantor    see the Instructions for Form W-8IMY for information on 
trust (other than a WT), and, for any payments for which a    the box that an NQI may check on the form when 
treaty benefit is claimed, any entity to the extent it is     providing an alternative withholding statement.
treated as fiscally transparent under the laws of the treaty 
jurisdiction, as provided in section 894 and the regulations     If you are a participating FFI or registered 
thereunder (without regard to whether it is fiscally          deemed-compliant FFI, you may also request Form 
transparent under the laws of the United States). See         W-8IMY from an intermediary or flow-through entity that is 
Section 1446 Requirements, later, for when an                 an account holder to establish its chapter 4 status or 
intermediary, partnership or trust is required to provide a   status under an applicable IGA even when no payments 
Form W-8IMY for purposes of sections 1446(a) and (f). As      subject to withholding or domestic information reporting 
provided in Notice 2020-2, Form W-8IMY may also be            under chapter 61 are made to the account. In such a case, 
provided by an entity to claim chapter 3 status as a QSL      a withholding statement is not required.

Inst. for the Requester of Forms W-8 (Rev. June 2022)        -13-

- 14 -

Page 14 of 19  Fileid: … ons/iw-8/202206/a/xml/cycle07/source                         11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Notes for Validating Form W-8IMY                                the necessary information with respect to the treaty claim 
                                                                required in Part III of Form W-8BEN-E and its FTIN (when 
In addition to the validation requirements for Forms 
                                                                otherwise required) on a QDD withholding statement or 
W-8IMY described directly below with respect to QIs 
                                                                separate statement. In such case, the portion of the 
(including QDDs), flow-through entities, NQIs, U.S. 
                                                                certificate making a claim for treaty benefits is valid until 
branches, territory financial institutions, and QSLs 
                                                                the end of the third calendar year following the year in 
providing the form (requirements that apply for chapters 3 
                                                                which the Form W-8IMY is signed (unless a change in 
and 4 and Form 1099 reporting), see Section 1446 
                                                                circumstances occurs sooner), and the validation rules for 
Requirements, later, if you pay an amount realized or an 
                                                                a treaty claim apply. A QDD may instead provide a 
amount distributed by a PTP (PTP distribution) to any of 
                                                                separate Form W-8BEN-E to make the treaty claim. You 
these entities, or are otherwise a partnership determining 
                                                                may otherwise treat a Form W-8IMY provided by a QDD 
its withholding under section 1446(a).
                                                                (other than a flow-through entity or disregarded entity) as 
QIs, WPs, and WTs (in general). A QI, WP, or WT                 a beneficial owner withholding certificate for establishing 
acting in its capacity as such must provide the EIN that        foreign status of the QDD for a payment of U.S. source 
was issued to the entity in such capacity (that is, its         FDAP income (as long as the QDD provides its FTIN 
QI-EIN, WP-EIN, or WT-EIN) on Form W-8IMY and not               (when otherwise required) on a QDD withholding 
any other EIN it may have in its NQI, nonwithholding            statement or a separate statement). A QDD that is 
foreign partnership, or nonwithholding foreign trust            receiving payments that it beneficially owns that are not 
capacity. Because status as a QI, WP, or WT for a               covered by its QI agreement should provide the 
financial institution is limited to certain classes of FFIs, if appropriate Form W-8 based on its status (and not Form 
you are making a withholdable payment to a QI, WP, or           W-8IMY). The QDD must provide to you a withholding 
WT that is a financial institution, you must verify that the    statement to identify the home office or branch that is 
QI, WP, or WT certifies its status as one of the permitted      treated as the owner for U.S. income tax purposes and, in 
classes in Regulations sections 1.1441-1(e)(5)(ii) (for a       certain circumstances (described in the Instructions for 
QI), 1.1441-5(c)(2)(ii) (for a WP), or 1.1441-5(e)(5)(v) (for   Form W-8IMY), the QDD’s FTIN (or a reasonable 
a WT) and provides its GIIN (except in the case of certain      explanation for why it has not been issued an FTIN, if 
foreign central banks of issue and retirement funds).           required). Notwithstanding the preceding sentence, a 
If a QI checks line 15f of Part III of the form to certify      QDD withholding statement need not identify the branch 
that it assumes primary Form 1099 reporting and backup          or home office of the QDD if the form is provided only for 
withholding responsibility, you may accept the form even if     payments beneficially owned by the QDD (and an FTIN is 
you do not know if there are any U.S. accounts receiving        provided when required). See Foreign TINs, earlier, for 
reportable payments at the time of the certification. If a QI   when you must treat the form as invalid if an FTIN or 
does not check line 15f or 15g of Part III of the form, you     reasonable explanation is not provided.
must confirm that the QI is not receiving payments for U.S.          QIs assuming withholding on payments of 
accounts that are reportable on Form 1099, and the QI           substitute interest.  If a QI represents its status as a QI 
must provide an updated Form W-8IMY or must provide a           on a Form W-8IMY with respect to payments of interest 
withholding statement if it allocates payments to such          and substitute interest and checks line 15e of Part III of 
accounts for which it does not assume primary                   the form, you may treat the QI as assuming withholding for 
withholding responsibility. A QI may check line 15i of Part     payments of interest and substitute interest it receives 
III of the form to indicate that it allocates a portion of the  from you in connection with a sale-repurchase or similar 
payment to a chapter 4 withholding rate pool of U.S.            agreement, a securities lending transaction, or collateral 
payees that includes account holders of another                 that the QI holds in connection with its activities as a 
intermediary or flow-through entity even if the withholding     dealer in securities. You may accept this representation 
statement does not show any intermediaries or                   regardless of whether the QI represents it acts as a QDD 
flow-through entities at the time the certification is          (by checking line 16a in Part III). The representation on 
provided. However, a QI is not required to check line 15i       Line 15e does not apply to payments made to a QI when 
of Part III of the form until it provides a withholding         acting as a QDD.
statement identifying an intermediary or flow-through           QSLs. If you make payment of a U.S. source substitute 
entity that receives a payment allocated to a chapter 4         dividend to a QSL (prior to January 1, 2023), the QSL is 
withholding rate pool of U.S. payees.                           required to provide its U.S. TIN. If you make a payment to 
QIs acting as QDDs.  You should only accept a Form              a QSL (prior to January 1, 2023) that is a withholdable 
W-8IMY from a QI acting as a QDD to the extent you are          payment, you must collect a Form W-8IMY that includes 
making payments with respect to potential section 871(m)        the QSL’s chapter 4 status and GIIN (as applicable) to 
transactions or underlying securities to the QDD when the       avoid withholding under chapter 4. A QSL that is a QI 
entity claims QDD status in Part III of the form. A QDD         should check line 15d of Part III of the form and a QSL that 
must indicate its entity classification on line 16b of the      is an NQI should check line 17d of Part IV of the form 
form. If you are making such payment that is an amount          regardless of whether the QSL acts as an intermediary. 
subject to chapter 3 withholding to a QI that is acting as a    You may not associate a Form W-8IMY from a QSL with a 
QDD and the QDD is claiming treaty benefits applicable to       payment of a substitute dividend on or after January 1, 
the status identified on line 16b on the payment, you may       2023, and you should obtain a revised withholding 
treat the Form W-8IMY as a beneficial owner withholding         certificate.
certificate and provide such benefits if the QDD provides a 
statement associated to the Form W-8IMY that includes 

                                                                -14- Inst. for the Requester of Forms W-8 (Rev. June 2022)

- 15 -

Page 15 of 19    Fileid: … ons/iw-8/202206/a/xml/cycle07/source      11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

For information on transition rules that apply until 2023            An intermediary or flow-through entity that is a 
for withholding agents to apply with respect to QSLs, see        participating FFI or registered deemed-compliant FFI may 
Notice 2020-2.                                                   provide a status for chapter 4 purposes found under the 
                                                                 requirements of (and documentation or information that is 
U.S. branches.  If you make a payment to a U.S. branch 
                                                                 publicly available that determines the chapter 4 status of 
of a foreign bank or insurance company that represents 
                                                                 the payee permitted under) an applicable IGA for an 
that it is acting as an intermediary and has agreed to be 
                                                                 account holder, and you may rely upon such status and 
treated as a U.S. person, for chapter 3 and 4 for payments 
                                                                 documentation, provided that you have the information 
associated with this form (by checking line 19a in Part VI 
                                                                 necessary to report on Form 1042-S. Additionally, see 
of this form) you are not required to obtain the GIIN or 
                                                                 Alternative Certifications Under an Applicable IGA, earlier, 
chapter 4 status of the entity, but you must obtain the U.S. 
                                                                 for further details on alternative certifications.
branch’s EIN. If you make a withholdable payment to a 
U.S. branch of an FFI that is acting as an intermediary and          In general, if you make a withholdable payment to an 
that does not agree to be treated as a U.S. person, the          intermediary or flow-through entity that is a participating 
branch must provide its EIN (but does not need to provide        FFI or registered deemed-compliant FFI, the FFI may 
a GIIN or chapter 4 status) and certify that the branch is       provide an FFI withholding statement that allocates a 
applying the rules described in Regulations section              portion of the payment to a chapter 4 withholding rate 
1.1471-4(d)(2)(iii)(C) by checking the box on line 19c in        pool. If an intermediary provides with its Form W-8IMY an 
Part VI of the form. If you do not obtain the certification      FFI withholding statement that allocates a portion of the 
from a U.S. branch described in the preceding sentence,          payment to a chapter 4 withholding rate pool of U.S. 
you must treat the branch as a nonparticipating FFI and          payees, the FFI must provide a chapter 4 status on line 5. 
withhold under chapter 4 on withholdable payments made           If the intermediary described in the preceding sentence is 
to the branch. You are not required to treat as invalid a        an NQI, it must provide the certification required in Part IV 
Form W-8IMY from an account holder that completes Part           with respect to its compliance with the requirements of 
VI of the form (to the extent required) but does not             Regulations section 1.6049-4(c)(4) (or similar 
complete Part II of the form.                                    requirements under chapter 61 for a payment other than 
                                                                 interest). If the intermediary is a QI, it must certify that it 
Territory financial institutions acting as intermedia-           meets the requirements of Regulations section 
ries. If you make a payment to a territory financial             1.6049-4(c)(4)(iii) and, to the extent the U.S. payees are 
institution acting as an intermediary, you must obtain the       account holders of an intermediary or flow-through entity 
territory financial institution’s EIN if it agrees to be treated receiving a payment from the QI, the QI has obtained or 
as a U.S. person for chapters 3 and 4 for payments               will obtain documentation sufficient to establish each such 
associated with this form (by checking line 18b of Part V of     intermediary or flow-through entity status as a 
the form). You are not required to obtain a GIIN from a          participating FFI, registered deemed-compliant FFI, or FFI 
territory financial institution.                                 that is a QI. An allocation of a payment shown on a 
Participating FFIs and registered deemed-compliant               withholding statement and made on or after April 1, 2017, 
FFIs that are flow-through entities or acting as inter-          to an NQI, nonwithholding foreign partnership, or 
mediaries. If a participating FFI or registered                  nonwithholding foreign trust of an amount subject to 
deemed-compliant FFI that is an intermediary or                  chapter 3 withholding to a chapter 4 withholding rate pool 
flow-through entity provides you with a withholding              of U.S. payees must identify the payees consistent with 
statement and documentation for its account holders or           the description in Regulations section 1.1471-3(c)(3)(iii)
payees, you are not required to verify the information on        (B)(2)(iii) (describing account holders of an FFI that is a 
the account holders or payees provided in the                    non-U.S. payor that are not subject to withholding under 
documentation for chapter 4 purposes unless the                  chapter 3 or 4 or under section 3406, and that are holders 
information in the documentation is facially incorrect, and      of U.S. accounts reported by the FFI under its Foreign 
you are not required to obtain additional documentation          Account Tax Compliance Act (FATCA) requirements as a 
for an account holder or payee in addition to the                participating FFI or registered deemed-compliant FFI).
withholding certificate unless you are obtaining the 
documentation for purposes of chapter 3 or 61, or unless         Section 1446 Requirements
you know that the documentation review conducted by the 
                                                                     Section 1446(a) requirements in general.      You 
participating FFI or registered deemed-compliant FFI was 
                                                                 should request Form W-8IMY for purposes of section 
not adequate for purposes of chapter 4. See Regulations 
                                                                 1446(a) only from a foreign upper-tier partnership or 
section 1.1441-7(b)(10) for the due diligence 
                                                                 foreign grantor trust or from a simple trust if you do not 
requirements for indirect account holders for purposes of 
                                                                 obtain a Form W-8BEN-E from the trust. You may also 
chapter 3 and see Regulations section 1.1471-3(e)(4)(vi)
                                                                 accept a Form W-8IMY from a foreign intermediary 
(B) for standards that apply in such case to determine 
                                                                 holding a partnership interest for a partner (including a 
whether chapter 4 withholding applies. You may rely on 
                                                                 partner that is an upper-tier partnership or trust) for 
documentation that does not include a chapter 4 status for 
                                                                 determining your withholding under section 1446(a). 
an account holder of an intermediary or flow-through 
                                                                 Generally, for purposes of section 1446(a), the Form 
entity that is an FFI when the withholding statement 
                                                                 W-8IMY submitted by these entities is used to transmit the 
provided by such entity indicates that the payment is 
                                                                 forms of the owners of these entities (excluding a 
made to an account excluded as a financial account under 
                                                                 partnership that is a PTP and a simple trust when a Form 
Regulations section 1.1471-5(b)(2).
                                                                 W-8IMY is provided). The other forms should be 
                                                                 accompanied with the information necessary to reliably 

Inst. for the Requester of Forms W-8 (Rev. June 2022)            -15-

- 16 -

Page 16 of 19      Fileid: … ons/iw-8/202206/a/xml/cycle07/source        11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

associate your effectively connected partnership items       purposes of withholding on an amount realized on the 
with the upper-tier partners, in the case of a foreign       distribution (that is, you must withhold at the 10% rate on 
upper-tier partnership, and the grantor or other owner, in   an amount to which section 1446(f) applies without regard 
the case of a foreign grantor trust. Then you must look      to underlying payee information).
through these entities to the beneficial owners when              You may also accept a Form W-8IMY that is associated 
determining your section 1446(a) tax obligation. A           with a PTP distribution from a U.S. branch that acts as 
domestic upper-tier partnership may also provide you this    nominee for a PTP distribution by checking line 19e. If the 
information by attaching it to a Form W-9 with a statement   U.S. branch does not act as a nominee for the distribution 
that it is electing to apply these look through rules. Under by checking line 19f, you may rely on specific payee 
those circumstances you may, but are not required to, pay    documentation provided by the U.S. branch with the form 
the section 1446(a) withholding tax of the foreign partners  to the same extent described in the preceding paragraph 
of the domestic upper-tier partnership. See Regulations      with respect to an NQI to which you pay a PTP 
section 1.1446-5.                                            distribution. You must apply similar rules in the case of a 
Section 1446(a) (PTP Distributions).                         Form W-8IMY associated with the distribution that is 
Notwithstanding the preceding paragraph, for an amount       provided by a territory financial institution.
subject to section 1446(a) withholding on a PTP 
                                                                  Although you may accept a Form W-8IMY that is 
distribution, you may accept a Form W-8IMY from a QI 
                                                             associated from a PTP distribution from an entity that 
that acts as a nominee for the distribution by checking 
                                                             represents its status as a WP or WT, you may not treat the 
lines 14 and 15c. In such a case, you must treat the QI as 
                                                             entity as a WP or WT except for the amount of the 
assuming all withholding on the distribution (that is, 
                                                             distribution subject to withholding under chapter 3 or 4. 
amounts subject to chapters 3 and 4 withholding on the 
                                                             For a nonwithholding partnership or trust to which you pay 
distribution in addition to amounts subject to sections 
                                                             a PTP distribution that checks line 21b, see Section 1446 
1446(a) and (f) withholding on the distribution). You may 
                                                             Requirements, earlier. See the requirements of chapters 
accept this representation regardless of whether the QI 
                                                             3, 4 and section 1446(f) for when you can rely on partner, 
assumes primary withholding for other payments subject 
                                                             owner or beneficiary information for amounts subject to 
to chapters 3 and 4 withholding by checking line 15a. You 
                                                             withholding under those provisions on a PTP distribution.
may also accept a Form W-8IMY that is associated with a 
                                                                  Section 1446(f) (PTP interest transfer). For 
PTP distribution from any entity that represents its status 
                                                             purposes of section 1446(f), you should request a Form 
as a QI on line 14 but that does not check line 15c for 
                                                             W-8IMY from a partner that is a foreign partnership that 
purposes of your relying on chapters 3 and 4 withholding 
                                                             transfers an interest in a partnership if you are either the 
rate pool information provided by the QI (similar to a case 
                                                             transferee of the interest (for a partnership other than a 
in which a QI does not assume primary withholding for 
                                                             PTP) or a broker for the partner that sells a PTP interest. 
chapters 3 and 4 purposes except that each U.S. partner 
                                                             You should request the Form W-8IMY from the foreign 
must be disclosed). A QI that represents its status as a QI 
                                                             partnership regardless of whether the partnership 
on line 14 of a Form W-8IMY that is associated with a PTP 
                                                             provides with the form the partner information for allowing 
distribution may instead, however, act as a disclosing QI 
                                                             withholding on a modified amount realized under 
for the distribution by not acting as a nominee and 
                                                             Regulations section 1.1446(f)-2(c) or 1.1446(f)-4(c). See 
providing specific payee information to you with its 
                                                             the Instructions for Form W-8IMY for requirements 
withholding statement with respect to its account holders 
                                                             regarding a withholding statement for purposes of the 
that are partners in the PTP (and may only provide 
                                                             modified amount realized procedures (which requires a 
chapter 4 withholding rate pool information when 
                                                             withholding statement allocating gain from the transfer). 
permitted under chapter 4 for a withholdable payment). 
                                                             For a partner that is a foreign grantor trust, you should 
You may not, however, rely on an allocation of a PTP 
                                                             request a Form W-8IMY from the trust and either a Form 
distribution made to a chapter 4 withholding rate pool of 
                                                             W-8 or W-9 with respect to each grantor or owner of the 
U.S. payees (that is, each U.S. partner must be 
                                                             trust (as the grantor/owner is the transferor). Alternatively, 
disclosed). Regardless of whether the QI acts as a 
                                                             you may request the Form W-8 or W-9 directly from each 
disclosing QI, you must determine each amount subject to 
                                                             grantor or owner. For a partner that is a foreign simple 
withholding on the PTP distribution by reference to the 
                                                             trust, you may request either a Form W-8IMY or 
qualified notice issued for the distribution (or, if you 
                                                             W-8BEN-E from the trust; you do not need to request a 
receive the distribution from a nominee, the nominee's 
                                                             withholding statement or underlying documentation for the 
determination) rather than relying on a determination of 
                                                             trust beneficiaries, however, as the simple trust is the 
those amounts by the QI (to avoid withholding under the 
                                                             transferor and may not use the modified amount realized 
default rule in Regulations section 1.1446-4).
                                                             procedures described earlier in this paragraph.
If the entity checks its status as an NQI in box 17a of 
                                                                  If you are a broker paying an amount realized from the 
Part IV, you must treat the entity as an NQI for a PTP 
                                                             sale of a PTP interest to a broker that is a foreign person, 
distribution that is associated with the form. For 
                                                             you should request a Form W-8IMY from the broker when 
determining your withholding on the distribution, you may 
                                                             withholding under section 1446(f) may apply (or otherwise 
rely on specific payee information provided by the NQI 
                                                             obtain a Form W-9 from a U.S. broker when required). If 
with respect to the partners allocated the distribution on a 
                                                             the foreign broker is a QI (by checking line 14), you may 
withholding statement provided with the form and 
                                                             accept a Form W-8IMY when the QI represents that it 
chapter 4 withholding rate pool information to the extent 
                                                             assumes primary withholding for the amount realized by 
permitted for a QI (as described directly above), but may 
                                                             checking line 15b. You may also accept a Form W-8IMY 
not rely on that information and withholding statement for 

                                                             -16- Inst. for the Requester of Forms W-8 (Rev. June 2022)

- 17 -

Page 17 of 19  Fileid: … ons/iw-8/202206/a/xml/cycle07/source                             11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

that is associated with an amount realized from the sale of   with the Form W-8BEN-E for the hybrid entity. Line 10 of 
a PTP interest from any entity that represents its status as  the Form W-8BEN-E may be used by the hybrid entity to 
a QI on line 14 that does not check line 15c for purposes     associate the Forms W-8.
of relying on chapter 3 withholding rate pool information 
provided by the QI (similar to a case in which a QI does          A foreign reverse hybrid entity is an entity that is a 
not assume primary withholding for a PTP distribution).       corporation for U.S. tax purposes but is fiscally 
You may instead rely on specific payee information            transparent under the tax laws of a country with which the 
provided by a QI that acts as a disclosing QI for an          United States has an income tax treaty. If a foreign 
amount realized (or a chapter 4 withholding rate pool         reverse hybrid entity is receiving a payment for which the 
when permitted for chapter 4). If the foreign broker is an    entity is claiming a reduced rate of withholding for its 
NQI, you may accept a Form W-8IMY associated with an          owners, you must obtain from the entity a Form W-8IMY 
amount realized when the NQI checks box 17a, although         (including its chapter 4 status if the payment is a 
you must determine your withholding under section             withholdable payment) along with a withholding statement 
1446(f) without regard to whether the NQI provides            and documentation for each owner for which the entity 
specific payee information with respect to the partners       claims treaty benefits. If a foreign reverse hybrid entity is 
allocated the amount. See the Instructions for Form           receiving a withholdable payment and is not claiming 
W-8IMY for when you may rely on payee information             treaty benefits on behalf of any of its owners, you should 
provided by an NQI solely for purposes of reporting on the    obtain only a Form W-8BEN-E from the entity to establish 
payees on Form 1042-S. This same withholding                  its chapter 4 status.
requirement (and reporting allowance) applies to a broker 
that is a U.S. branch or territory financial institution that Substitute Forms W-8 for Payments 
provides a Form W-8IMY for an amount realized from the 
sale of a PTP interest and does not act as a U.S. person      of Reportable Amounts and 
for the amount by checking line 19d (for a U.S. branch) or    Withholdable Payments
line 18d (for a territory financial institution).             You may develop and use your own Form W-8 (a 
    In the case of a PTP distribution, you need not           substitute form) for chapters 3 and 4 purposes and for 
TIP withhold under section 1446(f) in any case                section 1446(a) and (f) purposes if its content is 
    described in Section 1446(a) (PTP distributions)          substantially similar to the IRS's official Form W-8 (to the 
above (or on any other transferor) when the PTP does not      extent required by these instructions), it satisfies certain 
indicate on the qualified notice for the distribution an      certification requirements, and it includes a signature 
amount that is in excess of its cumulative net income. See    under a penalties of perjury statement that is identical to 
Regulations section 1.1446(f)-4(c)(2). See, however,          the one stated on the official form. You may develop and 
Regulations section 1.1446-4(d)(1) for withholding            use a substitute form that is in a foreign language, 
requirements when a nominee does not receive a                provided that you make an English translation of the form 
qualified notice or the notice does not specify an amount     and its contents available to the IRS upon request. You 
included in a distribution.                                   may combine multiple Forms W-8 into a single substitute 
                                                              form.
Requirements for Hybrid and Reverse Hybrid 
                                                                  A form that satisfies these substitute forms 
Entities                                                      requirements may be treated as a similar agreed form for 
A hybrid entity is an entity that is treated as fiscally      purposes of an applicable IGA unless the partner 
transparent under the Code but is not treated as fiscally     jurisdiction declines such treatment.
transparent under the tax laws of a country with which the 
United States has an income tax treaty.                           A substitute form does not need to contain all of the 
                                                              provisions contained on the official form, so long as it 
If you are making a payment to a foreign hybrid entity        contains those provisions that are relevant to the 
that is making a claim for treaty benefits on its own behalf, transaction for which it is furnished. You may omit the 
the hybrid entity should provide a Form W-8BEN-E to           chapter 4 certifications on your substitute form if such 
claim treaty benefits. If the hybrid entity is a flow-through certifications are not required based on the payments 
entity (not a disregarded entity) claiming treaty benefits on made to the payees. If you are an FFI documenting the 
its own behalf on a payment that is a withholdable            chapter 4 status of your account holders under your 
payment, it should also provide you a Form W-8IMY             chapter 4 requirements or an applicable IGA, however, 
(including its chapter 4 status) along with a withholding     you may not omit the chapter 4 certifications. If you are 
statement (if required) establishing the chapter 4 status of  making a withholdable payment, you may choose to 
each of its partners or owners to determine whether           provide a substitute form that does not include all of the 
withholding applies to any portion of the payment.            chapter 4 statuses provided on the Form W-8, but the 
Allocation information is not required on this withholding    substitute form must include any chapter 4 status for 
statement unless one or more partners or owners are           which withholding may apply.
subject to chapter 4 withholding. If the hybrid entity is a 
disregarded entity claiming treaty benefits on a payment          You may incorporate a substitute Form W-8 into other 
that is a withholdable payment, unless the disregarded        business forms you customarily use, such as account 
entity is treated as the payee for chapter 4 purposes and     signature cards, provided the required certifications are 
has its own GIIN, the single owner should provide a Form      clearly set forth. However, you may not:
W-8BEN-E or Form W-8BEN (as applicable) to you along 

Inst. for the Requester of Forms W-8 (Rev. June 2022)         -17-

- 18 -

Page 18 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

1. Use a substitute form that requires the payee, by If the substitute form is incorporated into other business
signing, to agree to provisions unrelated to the required forms, the following statement must be presented in the
certifications; or same manner as the penalties of perjury statement and
2. Imply that a person may be subject to 30% must appear immediately above the single signature line:
withholding or backup withholding unless that person “The Internal Revenue Service does not require your
agrees to provisions on the substitute form that are consent to any provisions of this document other than the
unrelated to the required certifications. certifications required to establish your status as a
non-U.S. person, establish your chapter 4 status (if
A substitute Form W-8 is valid only if it contains the required), and, if applicable, obtain a reduced rate of
same penalties of perjury statement and certifications as withholding.”
the official forms and the required signature. However, if
the substitute form is contained in some other business Substitute Form W-8ECI. The substitute Form W-8ECI
form, the words “information on this form” may be must contain all of the information required in Part I other
modified to refer to that portion of the business form than line 9. The certifications in Part II of Form W-8ECI
containing the substitute form information. The design of must be included in a substitute form.
the substitute form must be such that the information and If the substitute form is incorporated into other business
certifications that are being attested to by the penalties of forms, the following statement must be presented in the
perjury statement clearly stand out from any other same manner as the penalties of perjury statement and
information contained in the form. must appear immediately above the single signature line:
“The Internal Revenue Service does not require your
Content of Substitute Form consent to any provisions of this document other than the
Substitute Form W-8BEN. The substitute Form certifications required to establish your status as a
W-8BEN must contain all of the information required in non-U.S. person and that the income for which this form is
Part I, lines 1 through 8. The certifications in Part II must provided is effectively connected with the conduct of a
be included in a substitute form only if treaty benefits are trade or business within the United States.”
claimed, and then only to the extent that the certifications Substitute Form W-8EXP. The substitute Form W-8EXP
are required. For example, Form W-8BEN, line 10 must contain all of the information required in Part I, lines
(Special rates and conditions), is not required if the form is 1 through 5, line 7 (if a U.S. TIN is required), and line 8.
being requested from an individual receiving a payment of See, however, Substitute Forms W-8 for Payments of
U.S. source dividends from stocks that are actively traded Reportable Amounts and Withholdable Payments, earlier,
on an established securities market. The substitute Form for when you may omit a chapter 4 certification on a
W-8BEN must include a statement that if the person substitute Form W-8. The substitute Form W-8EXP must
providing the form is a resident in a FATCA partner also contain all of the statements and certifications
jurisdiction (that is, a Model 1 IGA jurisdiction with contained in Parts II and III, as applicable, with respect to
reciprocity), certain tax account information may be the purpose for which the form is provided, but a specific
provided to the jurisdiction of residence. statement or certification needs to be included (in its
The substitute form must contain the penalties of entirety) only if it is relevant to the type of entity providing
perjury statement identical to the statement on the official the form. For example, if a withholding agent is
Form W-8BEN. Additionally, if the substitute form is documenting a beneficial owner that is a foreign
incorporated into other business forms, the following government for purposes of both chapters 3 and 4, the
statement must be presented in the same manner as the withholding agent may use a substitute Form W-8EXP
penalties of perjury statement and must appear that contains the required information in Part I, plus the
immediately above the single signature line: “The Internal required statements and certifications from Parts II and III
Revenue Service does not require your consent to any that are related to foreign governments, and does not
provisions of this document other than the certifications need to include the statements and certifications for other
required to establish your status as a non-U.S. individual types of entities that would otherwise be providing the
and, if applicable, obtain a reduced rate of withholding.” Form W-8EXP.
Substitute Form W-8BEN-E. The substitute Form If the substitute form is incorporated into other business
W-8BEN-E must contain all of the information required in forms, the following statement must be presented in the
Part I, lines 1 through 6, and lines 8 and 9 if a U.S. or an same manner as the penalties of perjury statement and
FTIN or a GIIN is required. See, however, Substitute must appear immediately above the single signature line:
Forms W-8 for Payments of Reportable Amounts and “The Internal Revenue Service does not require your
Withholdable Payments, earlier, for when you may omit a consent to any provisions of this document other than the
chapter 4 certification on a substitute Form W-8. The certifications required to establish your status as a foreign
certifications in Part II must be included in a substitute government, international organization, foreign central
form if you are making a withholdable payment to a bank of issue, foreign tax-exempt organization, foreign
disregarded entity or a branch that must be reported in private foundation, or government of a U.S. possession,
Part II. The certifications in Part III must be included only if and your chapter 4 status (if required).”
treaty benefits are claimed, and then only to the extent Substitute Form W-8IMY. The substitute Form W-8IMY
that the certifications are required. See Alternative must contain all of the information required in Part I, lines
Certifications Under an Applicable IGA, earlier, for 1 through 6, line 8 (if a U.S. TIN is required), and line 9 (if
circumstances in which the chapter 4 certifications may a GIIN is required). See, however, Substitute Forms W-8
be replaced with alternative certifications.

-18- Inst. for the Requester of Forms W-8 (Rev. June 2022)

- 19 -

Page 19 of 19  Fileid: … ons/iw-8/202206/a/xml/cycle07/source                           11:24 - 22-Jun-2022

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

for Payments of Reportable Amounts and Withholdable            an NQI, a specific type of U.S. branch, a withholding 
Payments, earlier, for when you may omit a chapter 4           foreign partnership, a withholding foreign trust, a 
certification on a substitute Form W-8. The information        nonwithholding foreign partnership, a nonwithholding 
required in Part II must be included in a substitute form if   foreign simple trust, or a nonwithholding foreign grantor 
you are making a withholdable payment to a disregarded         trust; (2) your chapter 4 status; and/or (3) your status as a 
entity that has its own GIIN or a branch (including a          QSL (for the period such status is permitted).”
branch that is a disregarded entity that does not have its 
own GIIN) operating in a jurisdiction other than the           Non-IRS Form for Individuals Not Receiving 
jurisdiction of residence of the entity named in Part I of the Reportable Amounts
form. The substitute Form W-8IMY must also contain all of      If you are an FFI documenting an account holder that is an 
the statements and certifications relevant to chapter 3        individual and you are not making a payment of a 
contained in Parts III through VIII if you are making a        reportable amount to such account holder, you may use a 
payment subject to withholding under chapter 3 and the         non-IRS form rather than a substitute Form W-8BEN. The 
statements and certifications relevant to the chapter 4        form must include the name and address of the individual 
status contained in Parts IX through XXVIII for the            that is the payee or beneficial owner; all countries in which 
intermediary or flow-through entity providing the form if      the individual is resident for tax purposes; the individual’s 
you are making a withholdable payment or if you are an         country of birth; a TIN, if any, for each country of 
FFI documenting your account holders for purposes of           residence; and the individual’s date of birth. The form may 
chapter 4 or an applicable IGA. For example, if the only       also request other information required for purposes of tax 
intermediaries to which a U.S. withholding agent makes         or anti-money laundering (AML) due diligence in the 
payments are QIs that are participating FFIs, the              United States or in other countries. A form that satisfies 
withholding agent may use a substitute Form W-8IMY that        these requirements may be treated as a similar agreed 
contains only the required information from Part I             form for purposes of an applicable IGA unless the partner 
(including line 9 to collect the intermediaries’ GIINs), plus  jurisdiction declines such treatment.
the statements and certifications from Part III. A substitute 
Form W-8IMY must also incorporate the same                         Generally, a non-IRS form for individuals must contain 
attachments as the official form (such as a withholding        a signed and dated certification made under penalties of 
statement and beneficial owner documentation, to the           perjury that the information provided on the form is 
extent otherwise required). You may also include any           accurate and will be updated by the individual within 30 
information on a substitute Form W-8IMY, or require any        days of a change in circumstances that causes the form to 
information to be associated with the form, that is            become incorrect. However, the signed certification 
reasonably related to your obligation to withhold and          provided on a form need not be signed under penalties of 
correctly report payments.                                     perjury if the form is accompanied by documentary 
                                                               evidence that supports the individual’s claim of foreign 
If the substitute form is incorporated into other business 
                                                               status. Such documentary evidence may be the same 
forms, the following statement must be presented in the 
                                                               documentary evidence that is used to support foreign 
same manner as the penalties of perjury statement and 
                                                               status in the case of a payee whose account has U.S. 
must appear immediately above the single signature line: 
                                                               indicia as described in Regulations sections 1.1471-3(e) 
“The Internal Revenue Service does not require your 
                                                               and 1.1471-4(c)(4)(i)(A).
consent to any provisions of this document other than the 
certifications required to establish: (1) your status as a QI, 

Inst. for the Requester of Forms W-8 (Rev. June 2022)          -19-

PDF file checksum: 1848873993

(Plugin #1/9.12/13.0)