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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. April 2018)

Section references are to the Internal Revenue Code 2017-41 I.R.B. 275, providing revised guidance for certain
unless otherwise noted. withholding agents to obtain and report taxpayer
identification numbers and dates of birth of their account
Future developments. For the latest information about
holders and on March 5, 2018, the Treasury Department
developments related to the Forms W-8 and their
and the IRS issued supplemental guideline in Notice
instructions for requesters, such as legislation enacted
2018-20, 2018-12 I.R.B. 444. See Foreign TINs and
after they were published, go to IRS.gov/UAC/About-
Notes for Validating Form W-8BEN-E, later, for the
Form-W8.
revised requirements for certain withholding agents to
obtain on Form W-8 an account holder’s foreign TIN and,
What's New for an individual, date of birth.

On January 6, 2017, the Treasury Department and the Purpose of Instructions
IRS finalized certain regulations under chapter 3 (TD
These instructions supplement the instructions for the
9808) and chapter 4 (TD 9809) and published temporary
forms listed below and provide notes to assist withholding
regulations under chapters 3 and 4 to supplement certain
agents and foreign financial institutions (FFIs) in validating
provisions of those final regulations. Among other things,
the forms for chapters 3 and 4 purposes. These
the final and temporary regulations under chapters 3 and
instructions also outline the due diligence requirements
4 modified certain requirements with respect to the
applicable to withholding agents for establishing a
collection of Forms W-8, the contents of the forms, their
beneficial owner’s foreign status and claim for reduced
validity periods, and the due diligence requirements of
withholding under an income tax treaty. These instructions
withholding agents. Forms W-8 (and their instructions)
are not inclusive of all requirements that may apply to a
were updated in June and July 2017, generally to reflect
withholding agent for validating Forms W-8. A withholding
the amendments to the regulations under chapters 3 and
agent should also reference the applicable regulations
4.
under chapters 3 and 4 and the instructions for each Form
On January 24, 2017, the Treasury Department and the W-8 listed below.
IRS finalized certain regulations under sections 871(m) Form W-8BEN, Certificate of Foreign Status of
and 1441 (TD 9815) and published temporary regulations Beneficial Owner for United States Tax Withholding and
under section 871(m) to supplement certain provisions of Reporting (Individuals).
those final regulations. Among other things, the final and Form W-BEN-E, Certificate of Status of Beneficial
temporary regulations under sections 871(m) and 1441 Owner for United States Tax Withholding and Reporting
modified the rules for withholding and reporting certain (Entities).
payments made to qualified derivative dealers (QDDs). Form W-8ECI, Certificate of Foreign Person's Claim
The Treasury Department and the IRS also issued Notice That Income Is Effectively Connected With the Conduct of
2017-42, 2017-34 I.R.B. 212, which announced certain a Trade or Business in the United States.
intended amendments to the regulations, such as Form W-8EXP, Certificate of Foreign Government or
delaying until 2019 withholding under chapters 3 and 4 on Other Foreign Organization for United States Tax
dividends paid to a QDD in its equity derivatives dealer Withholding and Reporting.
capacity. Form W-8IMY, Certificate of Foreign Intermediary,
The transition rules related to the Qualified Securities Foreign Flow-Through Entity, or Certain U.S. Branches for
Lender (QSL) regime described in Notice 2010-46, United States Tax Withholding and Reporting.
2010-24 I.R.B. 757, have been extended to include For definitions of terms not defined in these
payments made in calendar years 2018 and 2019. See instructions, see the Forms W-8 and their accompanying
Notice 2018-05, 2018-6 I.R.B. 341. Therefore, withholding instructions.
agents may accept and rely on a valid Form W-8IMY on
Throughout these instructions, a reference to or
which an entity represents its chapter 3 status as a QSL
TIP mention of “Form W-8” includes Forms W-8BEN,
until December 31, 2019.
W-8BEN-E, W-8ECI, W-8EXP, and W-8IMY.
In addition, on September 25, 2017, the Treasury
Department and the IRS released Notice 2017-46,

Apr 18, 2018 Cat. No. 26698G

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These instructions reflect the regulatory changes            include amounts that are not FDAP as well as other 
described earlier that are relevant to Forms W-8 and         specific items of income described in Regulations section 
certain other changes reflected on the most current          1.1441-2 (such as interest on bank deposits and short 
revisions to the Form W-8 series published as of the date    term OID).
of publication of these instructions. Thus, different rules 
may apply to withholding agents with respect to prior            For purposes of sections 1441 and 1442, if you are a 
revisions of Forms W-8 for which these regulatory            withholding agent, you must withhold 30% of any payment 
changes did not yet apply, and different requirements may    of an amount subject to chapter 3 withholding made to a 
apply to future revisions of these forms. See Requesting     payee that is a foreign person unless you can reliably 
Prior Versions of Form W-8, later, including the limitations associate the payment with documentation (for example, 
on such use.                                                 Form W-8 or Form W-9, Request for Taxpayer 
                                                             Identification Number and Certification) upon which you 
                                                             can rely to treat the payment as made to (a) a payee that 
                                                             is a U.S. person or (b) a beneficial owner that is a foreign 
Who Is a Withholding Agent?                                  person entitled to a reduced rate of, or exemption from, 
Any person, U.S. or foreign, in whatever capacity acting,    withholding. In certain circumstances, however, you may 
that has control, receipt, custody, disposal, or payment of  be allowed to associate a payment with documentary 
an amount subject to withholding for chapter 3 purposes      evidence rather than a Form W-8 for a payment made 
or a withholdable payment for chapter 4 purposes is a        outside the United States with respect to an offshore 
withholding agent. The withholding agent may be an           obligation under Regulations section 1.6049-5(c)(1). A 
individual, corporation, partnership, trust, association, or withholding agent must also withhold under section 1443 
any other entity, including (but not limited to) any foreign on certain payments to foreign tax-exempt organizations 
intermediary, foreign partnership, or U.S. branch of certain that are unrelated business taxable income or subject to 
foreign banks and insurance companies. If several            the 4% excise tax imposed by section 4948.
persons qualify as withholding agents for a single 
                                                                 However, a withholding agent making a payment to a 
payment, the tax required to be withheld must only be 
                                                             foreign person need not withhold under chapter 3 if the 
withheld once. Generally, the person who pays (or causes 
                                                             foreign person assumes responsibility for withholding on 
to be paid) an amount subject to withholding under 
                                                             the payment as a qualified intermediary (QI) (other than a 
chapter 3 or a withholdable payment to the foreign person 
                                                             QI that is acting as a QDD for payments with respect to 
(or to its agent) must withhold. See the Instructions for 
                                                             underlying securities that are subject to withholding), or if 
Form 1042, Annual Withholding Tax Return for U.S. 
                                                             the foreign person is a withholding foreign partnership 
Source Income of Foreign Persons, and Form 1042-S, 
                                                             (WP), or a withholding foreign trust (WT) that has provided 
Foreign Person's U.S. Source Income Subject to 
                                                             a valid Form W-8IMY certifying to such status. For 2017 
Withholding, for return filing and information reporting 
                                                             and 2018, however, a withholding agent is not required to 
obligations with respect to payments made to foreign 
                                                             withhold on dividends paid to a QI acting as a QDD. 
persons.
                                                             Withholding under chapter 3 is also not required if the 
For effectively connected taxable income (ECTI)              payment is made to a U.S. branch of a foreign insurance 
allocable to a foreign partner, the partnership is generally company or foreign bank or a territory financial institution 
the withholding agent and must file Form 8804, Annual        that agrees to be treated as a U.S. person under the 
Return for Partnership Withholding Tax (Section 1446);       requirements of Regulations section 1.1441-1(b)(2)(iv)(A) 
Form 8805, Foreign Partner's Information Statement of        and provides a valid Form W-8IMY certifying to such 
Section 1446 Withholding Tax; and Form 8813,                 status.
Partnership Withholding Tax Payment Voucher (Section 
1446).                                                       Chapter 4 Responsibilities
                                                             For purposes of chapter 4, if you are a withholding agent, 
                                                             you must withhold 30% of any payment that is a 
Responsibilities of a Withholding                            withholdable payment (as defined in Regulations section 
Agent To Obtain Form W-8                                     1.1473-1(a)) made to a nonparticipating FFI that is not an 
                                                             exempt beneficial owner or to a non-financial foreign 
Chapter 3 Responsibilities                                   entity (NFFE) that is not an excepted NFFE and does not 
(Other Than Section 1446)                                    disclose its substantial U.S. owners (or certify that it has 
                                                             no substantial U.S. owners). In addition, if you are a 
Generally, an amount is subject to withholding for 
                                                             withholding agent and also a participating FFI, you must 
purposes of chapter 3 if it is an amount from sources 
                                                             withhold to the extent required under Regulations section 
within the United States that is fixed or determinable 
                                                             1.1471-4(b) and the FFI agreement, which, in addition to 
annual or periodical (FDAP) income. FDAP income is all 
                                                             the requirements described in the previous sentence, 
income included in gross income, including interest (and 
                                                             require withholding on withholdable payments made to 
original issue discount (OID)), dividends, rents, royalties, 
                                                             recalcitrant account holders.
and compensation. FDAP income does not include most 
gains from the sale of property (including market discount       You must determine if a payment is a withholdable 
and option premiums) or items of income excluded from        payment without regard to any exceptions from 
gross income without regard to the U.S. or foreign status    withholding applicable under chapter 3. For each such 
of the owner of the income, such as interest under section   withholdable payment, you must obtain a Form W-8 (or 
103(a). Amounts subject to chapter 3 withholding do not      other documentation permitted under Regulations section 

                                                             -2- Inst. for the Requester of Forms W-8 (Rev. April 2018)

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1.1471-3(d)) upon which you are permitted to rely under          FFI documenting account holders. If you are an FFI 
chapter 4 to determine the chapter 4 status of a payee           maintaining a financial account, you may be required to 
that is a foreign person for purposes of whether                 perform due diligence procedures to identify and 
withholding applies under chapter 4. Thus, a                     document the account holder under the chapter 4 
determination of whether a Form W-8 is valid for purposes        regulations or an applicable intergovernmental agreement 
of providing an exemption from chapter 4 withholding is a        (IGA) even if you are not making a payment to the account 
separate determination from whether the Form W-8 may             holder that is subject to withholding. You may use Form 
be relied upon to provide an exemption from (or reduction        W-8 to document the chapter 4 status of an account 
in) withholding under chapter 3. For purposes of                 holder and to validate a claim of foreign status made by 
determining whether withholding under chapter 4 applies          the account holder, such as when the account has certain 
to a payment to a QI, WP, or WT, the exceptions in               U.S. indicia. For example, a participating FFI may treat an 
chapter 3 for QIs, WPs, and WTs will apply, provided the         individual account holder claiming foreign status that has 
entity includes its chapter 4 status on Form W-8IMY. See         U.S. indicia (as described in Regulations section 
also Notes for Validating Form W-8IMY under Form                 1.1471-4(c)(5)(iv)(B)) as a foreign person for purposes of 
W-8IMY, later, for the requirements for withholdable             the FFI’s U.S. account reporting requirements (that is, 
payments made to certain U.S. branches that act as               Form 8966) when the individual provides a Form W-8BEN 
intermediaries.                                                  and certain documentary evidence establishing foreign 
                                                                 status.
Section 1446 Responsibilities
                                                                 If you are an FFI documenting an account holder of an 
Generally, under section 1446, a partnership that 
                                                                 account that you determine is excepted as a financial 
allocates ECTI to a foreign partner must withhold at the 
                                                                 account under Regulations section 1.1471-5(b)(2), a Form 
highest tax rate applicable to that person for the type of 
                                                                 W-8 (or other permitted documentation for chapter 4 
income allocated (for example, ordinary income or capital 
                                                                 purposes) is not required unless the form is associated 
gains) in accordance with the provisions of Regulations 
                                                                 with amounts subject to withholding under chapter 3. In 
sections 1.1446-1 through 1.1446-6. Unless the 
                                                                 such a case, a valid chapter 4 status (including that the 
partnership is a publicly traded partnership, the 
                                                                 account is not a financial account) is not required to be 
partnership must withhold in the year the ECTI is allocable 
                                                                 provided on the form.
to the foreign partner, rather than the year in which the 
distribution is made. The partnership may rely on                Requesting Form W-8
documentation (for example, Form W-8 or Form W-9) to 
                                                                 Generally, if you are making a payment of an amount 
determine if the partner is foreign or domestic and the 
                                                                 subject to chapter 3 withholding or a withholdable 
type of partner (for example, individual or corporate) and 
                                                                 payment, you must withhold as required at the 30% rate 
whether the partner qualifies for certain tax preferential 
                                                                 under chapter 3 or 4 unless you can reliably associate the 
rates (for example, capital gains and collectibles). The 
                                                                 payment with a Form W-8 or other permitted 
documentation must contain a U.S. TIN for the partner. 
                                                                 documentation to permit withholding at a reduced rate or 
Generally, a foreign person that is a partner in a 
                                                                 an exemption from withholding. You can reliably associate 
partnership that submits a Form W-8 for purposes of 
                                                                 a payment with a Form W-8 if you hold a valid form that 
section 1441 or 1442 will satisfy the documentation 
                                                                 contains the information required for purposes of 
requirements under section 1446. However, a partnership 
                                                                 chapter 3 or 4 (as applicable), you can reliably determine 
that knows or has reason to know that the documentation 
                                                                 how much of the payment relates to the form, and you 
provided is incorrect or unreliable must presume the 
                                                                 may rely upon the form under the due diligence 
partner is foreign. Additionally, a partnership may rely on 
                                                                 requirements. See Due Diligence Requirements in 
other means to determine the non-foreign status of a 
                                                                 General, later.
partner, but will only be protected from liability (including 
penalties) if such determination is correct. A partnership is    You should request a Form W-8 from any person to 
in no event required to rely on other means to determine         whom you are making a payment that you believe to be a 
the non-foreign status of a partner and may demand that          foreign person. You should request the form before 
the partner provide an acceptable certificate (for example,      making a payment so that you have the form when you 
a Form W-8BEN).                                                  make the payment. See, however, Regulations sections 
                                                                 1.1441-1(b)(7)(ii) and 1.1471-3(c)(7)(ii) for when you may 
Other Uses of Form W-8                                           be able to rely on a Form W-8 obtained after the date of a 
Chapter 61 and section 3406. The Form W-8 you                    payment to support reduced withholding for chapter 3 or 4 
collect may also be used to establish a person's status for      purposes.
purposes of domestic information reporting under                 A withholding agent or payor that fails to obtain a valid 
chapter 61 and backup withholding under section 3406,            Form W-8 or Form W-9 and fails to withhold as required 
including for a payment settlement entity to determine           under the presumption rules may be assessed tax at the 
whether a participating payee is a foreign person for            30% rate under chapter 3 or 4 or the 28% backup 
purposes of section 6050W. In general, if you receive a          withholding rate under section 3406, as well as interest 
Form W-8 that you can reliably associate with the                and penalties for lack of compliance. If you are a 
payment, you are exempt from reporting the payment on a          partnership allocating income that is effectively connected 
Form 1099 and withholding under section 3406.                    with the conduct of the partnership’s U.S. trade or 
                                                                 business and you fail to withhold as required under 
                                                                 section 1446, you will be liable for the tax required to be 

Inst. for the Requester of Forms W-8 (Rev. April 2018)        -3-

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withheld. In addition, you may be liable for interest,       Requesting Prior Versions of Form W-8
penalties, and additions to the tax even if there is no 
                                                             If the IRS issues an updated version of a Form W-8, you 
underlying tax liability due from a foreign partner on its 
                                                             may accept the prior version of the form until the later of 
allocable share of the partnership’s ECTI.
                                                             six full months after the revision date shown on the form or 
If you are a withholding agent making a payment of an        the end of the calendar year the updated form is issued 
amount subject to chapter 3 withholding or a withholdable    (based on the revision date shown on the form), unless 
payment and you make the payment to an intermediary,         the IRS has issued guidance that affects the period for 
you must obtain documentation from such intermediary         acceptance of the prior version (for example, if a new 
(including the intermediary’s chapter 4 status if the        payee status is required under revised regulations that is 
payment is a withholdable payment), as well as any           not in the prior version and is relevant to the payee’s 
required documentation for the beneficial owner(s) of the    claim). You were allowed to accept a Form W-8BEN with 
payment to the extent required under the chapter 3 or 4      a revision date of February 2014 until December 31, 2017.
regulations.
                                                             Due Diligence
Do not send Forms W-8 to the IRS. Instead, keep the 
forms in your records for as long as they may be relevant    Requirements in General
to the determination of your liability under section 1461    When you receive a completed Form W-8, you must 
(for amounts subject to chapter 3 withholding), section      review it for completeness and accuracy with respect to 
1474 (for withholdable payments), or Regulations section     the claims made on the form, as well as any information 
1.1471-4(c)(2)(iv) (for an FFI documenting account           attached to the form, such as withholding statements and 
holders).                                                    beneficial owner withholding certificates associated with a 
                                                             Form W-8IMY. In general, you may rely on the information 
Form W-8 provided or signed electronically.       You may 
                                                             and certifications provided on the form unless you have 
rely on a valid Form W-8 received by facsimile or scanned 
                                                             actual knowledge or reason to know that the information is 
and furnished to you by email unless you know that the 
                                                             unreliable or incorrect. If you know or have reason to know 
person transmitting the Form W-8 is not authorized to do 
                                                             that any information is unreliable or incorrect, you must 
so.
                                                             obtain a new Form W-8 or other appropriate 
You may also rely on an otherwise valid Form W-8             documentation. You may accept a valid Form W-8 for 
received electronically from a third-party repository if the chapter 3 or 61 purposes (or for backup withholding 
form was uploaded or provided to the third-party             purposes) that does not contain a valid chapter 4 status 
repository and there are processes in place to ensure that   with respect to payments that are not withholdable 
the withholding certificate can be reliably associated with  payments.
a specific request from you and a specific authorization 
from the person providing the form (or an agent of the       Reason to know. In general, you have reason to know 
person providing the form) for you to receive the            that a Form W-8 is unreliable or incorrect if:
withholding certificate. You may also rely on a withholding      The form is incomplete with respect to any item that is 
statement received from a third-party repository if the      relevant to the claims made;
intermediary provides a Form W-8IMY and withholding              The form contains any information that is inconsistent 
statement through the repository, provides an updated        with the claims made;
withholding statement to you in the event of any change in       The form lacks information necessary to establish that 
the information previously provided, and ensures there       the beneficial owner is entitled to a reduced rate of 
are processes in place to update you when there is a new     withholding; or
withholding statement (and Forms W-8, as necessary) in           You have other account information that is inconsistent 
the event of any change that would affect the validity of    with the claims made, or you have knowledge of relevant 
the prior forms or withholding statement. For purposes of    facts or statements contained in the withholding certificate 
this paragraph, a third party repository is an entity that   or other documentation that would cause a reasonably 
maintains withholding certificates but is not an agent of    prudent person in your position to question the claims 
the applicable withholding agent or the person providing     made. For example, if you have information in your 
the certificate. See Regulations section 1.1441-1(e)(4)(iv)  records that contradicts information provided on the form, 
(E) for the complete requirements for relying on a           you may not rely on the form.
withholding certificate from a third-party repository.        
                                                             With respect to a claim for benefits under an income tax 
If you are a withholding agent that maintains a system       treaty, your reason to know requirement that the treaty 
for furnishing Forms W-8 electronically, you must satisfy    claim is unreliable or incorrect includes when the 
the requirements of Regulations section 1.1441-1(e)(4)(iv)   beneficial owner claims benefits under a treaty that does 
(B). You may otherwise accept a Form W-8 with an             not exist or is not in force. For this purpose, you may use 
electronic signature if the Form W-8 reasonably              the list maintained at IRS.gov/businesses/international-
demonstrates that the form has been electronically signed    businesses/united-states-income-tax-treaties-a-to-z to 
by a person authorized to do so (for example, with a time    check whether a treaty exists and is in force.
and date stamp and statement that the form has been 
electronically signed). You may not treat a Form W-8 with        If you are a financial institution (as defined in 
a typed name in the signature line as validly signed         Regulations section 1.1471-5(e)), insurance company, or 
without further information supporting that the signature is broker or dealer in securities maintaining an account for a 
an electronic signature.                                     direct account holder that is the beneficial owner of the 

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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 1.441-7(b)(3)(ii) for special rules 2. The form is provided with respect to an offshore
that apply to preexisting obligations (as defined for such obligation (as defined in Regulations section 1.6049-5(c)
purpose). (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 3. The Form W-8BEN is provided by an individual that
States, or, only to the extent described in Regulations is a direct account holder and is used to establish foreign
section 1.1441-7(b)(5), you have a U.S. telephone status and you have, either on accompanying
number as the sole telephone number for the account documentation or as part of your account information, an
holder. However: 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)) evidencing
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 U.S. with respect holder’s renunciation of U.S. citizenship or the reason the
to an offshore obligation (as defined in Regulations account holder did not obtain U.S. citizenship at birth.
section 1.6049-5(c)(1)), you have in your possession or 4. The Form W-8 is provided by a direct account
obtain documentary evidence establishing foreign status holder and is used to establish residence in a treaty
(as described in Regulations section 1.1471-3(c)(5)(i)) country and:
that does not contain a U.S. address;
a. The permanent residence address on the form is
iii. For a payment made with respect to an offshore not in the treaty country or the direct account holder
obligation (as defined in Regulations section 1.6049-5(c) notifies you of a new permanent residence address that is
(1)), you classify the individual as a resident of the country not in the treaty country, unless the direct account holder
where the obligation is maintained, you are required to provides a reasonable explanation for the permanent
report payments made to the individual annually on a tax residence address outside the treaty country or you have
information statement that is filed with the tax authority of in your possession, or obtain, documentary evidence
the country in which the obligation is maintained, and that (described in Regulations section 1.1471-3(c)(5)(i)) that
country has an income tax treaty or information exchange establishes residency in the treaty country.
agreement in effect with the United States; or
b. The permanent residence address is in the treaty
iv. For a case in which you have classified the account country, but the mailing address on the form is not in the
holder as a U.S. person in your account information, you treaty country or you have a current mailing address that
have in your possession or obtain documentary evidence is not in the treaty country as part of your account
(as described in Regulations section 1.1471-3(c)(5)(i)(B)) information for the direct account holder, unless:
evidencing citizenship in a country other than the United
i. You have in your possession, or obtain,
States.
documentary evidence (as described in Regulations
b. You may treat an entity that has provided you with a section 1.1471-3(c)(5)(i)) supporting the claim of
Form W-8BEN-E as a foreign person if you do not know or residence in the treaty country and the additional
have reason to know that the entity is a flow-through entity documentation does not contain an address outside the
and: treaty country;
i. You have in your possession or obtain ii. You have in your possession, or obtain,
documentation establishing foreign status that documentation that establishes that the direct account
substantiates that the entity is actually organized or holder is an entity organized in a treaty country (or an
created under the laws of a foreign country; or entity managed and controlled in a treaty country, if
ii. For a payment made with respect to an offshore required by the applicable treaty);
obligation (as defined in Regulations section 1.6049-5(c)

Inst. for the Requester of Forms W-8 (Rev. April 2018) -5-

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iii. You know that the address outside the treaty              Requirements for Obtaining and Verifying a 
country (other than a P.O. box or in-care-of address) is a     Global Intermediary Identification Number 
branch of the direct account holder that is a resident of the  (GIIN)
treaty country; or
                                                               If you receive a Form W-8BEN-E, W-8IMY, or W-8EXP 
iv. The direct account holder provides a written               from an entity payee claiming certain chapter 4 statuses, 
statement that reasonably establishes entitlement to           you must obtain and verify the entity’s GIIN against the 
treaty benefits.                                               published IRS FFI list. See Regulations section 
c. The direct account holder has standing instructions         1.1471-3(e)(3). You must obtain and verify the GIIN for the 
for you to pay amounts from the account to an address or       following chapter 4 statuses.
account outside the treaty country unless the account              Participating FFIs (including reporting Model 2 FFIs),
holder provides a reasonable explanation, in writing,              Registered deemed-compliant FFIs (including reporting 
establishing the account holder's residence in the             Model 1 FFIs),
applicable treaty country or you have in your possession           Direct reporting NFFEs,
or obtain documentary evidence (described in                       Sponsored direct reporting NFFEs, and
Regulations section 1.1471-3(c)(5)(i)) establishing the            Certain nonreporting IGA FFIs (as described below).
account holder’s residence in the applicable treaty 
country.                                                           If you receive a Form W-8BEN-E or Form W-8IMY from 
                                                               a nonreporting IGA FFI that is a trustee-documented trust 
Where required, a reasonable explanation supporting            that indicates its trustee is foreign, you must obtain a GIIN 
an individual’s claim of foreign status means a written        of the trustee on the form.
statement prepared by the individual, or, in the alternative, 
a checklist provided by you and completed by the                   If you receive a Form W-8 from a nonreporting IGA FFI 
individual stating that the individual meets one of the        that checks Model 2 IGA in Part XII of Form W-8BEN-E, 
requirements listed in Regulations section 1.1441-7(b)         Part XIX of Form W-8IMY, or Part III, line 15 of Form 
(12)(i) through (iv).                                          W-8EXP (as applicable), and identifies a category of entity 
                                                               that is a registered deemed-compliant FFI under Annex II 
Hold mail instruction. An address that is provided             of an applicable Model 2 IGA, you must obtain and verify 
subject to an instruction to hold all mail to that address is  the GIIN of the nonreporting IGA FFI against the published 
not a permanent residence address, such that you may           IRS FFI list. Additionally, if you receive a Form W-8BEN-E 
not rely upon the Form W-8. However, the address can be        or Form W-8IMY from a nonreporting IGA FFI that 
used as a permanent residence address if the person has        provides a citation to a section of the Regulations for its 
provided you with the documentary evidence that is             registered deemed-compliant status in Part XII of Form 
permitted under Regulations section 1.1441-1(c)(38)(ii). If,   W-8BEN-E or Part XIX of Form W-8IMY (as applicable) or 
after a Form W-8 is provided, a person’s permanent             the FFI identifies itself as a registered deemed-complaint 
residence address is subsequently subject to a hold mail       FFI in Part I, line 4, of Form W-8EXP, you must obtain and 
instruction, this is a change in circumstances requiring the   verify the GIIN of the nonreporting IGA FFI against the 
person to provide the documentary evidence described in        published IRS FFI list. See Regulations sections 
the preceding sentence in order to use the address as a        1.1471-1(b)(83) for the definition of nonreporting IGA FFI 
permanent residence address.                                   and 1.1471-3(d)(7)(i) for the documentation requirements 
For additional information on the standards of                 for nonreporting IGA FFIs.
knowledge for chapter 3 purposes for relying on a claim of 
                                                                   For an entity claiming status as a certified 
foreign status or a claim of residency in a treaty country, 
                                                               deemed-compliant FFI that is a sponsored, closely held 
see Regulations section 1.1441-7(b). For additional 
                                                               investment vehicle described in Regulations section 
information on the standards of knowledge for Forms W-8 
                                                               1.1471-5(f)(2)(iii) on a Form W-8BEN-E or Form W-8IMY, 
provided for chapter 4 purposes, see Regulations section 
                                                               you must obtain the GIIN for the sponsoring entity and 
1.1471-3(e).
                                                               verify it against the published IRS FFI list. For an entity 
Dual claims under a tax treaty.   If you are making            claiming status as a sponsored investment entity or 
payments to a foreign entity that is simultaneously            controlled foreign corporation described in Regulations 
claiming a reduced rate of tax under a tax treaty on its own   section 1.1471-5(f)(1)(i)(F), you must obtain and verify the 
behalf and a separate treaty claim on behalf of its interest   GIIN of the sponsored investment entity or controlled 
holders for different payments or for different portions of    foreign corporation against the published IRS FFI list, not 
the same payment, you may accept the dual claims even          the GIIN of the sponsoring entity.
though you hold different withholding certificates that 
require you to treat the entity inconsistently. Alternatively,     If you receive a Form W-8BEN-E, Form W-8IMY, or 
you may choose to apply only the claim made by the             Form W-8EXP from an entity payee that is claiming 
entity, provided that the entity may be treated as the         chapter 4 status as a participating FFI (including a 
beneficial owner of the income. If, however, inconsistent      reporting Model 2 FFI), registered deemed-compliant FFI 
claims are made for the same portion of a payment, you         (including a reporting Model 1 FFI and a sponsored FFI 
may either reject both claims and request consistent           described in the Treasury regulations under section 
claims for that portion of the payment, or you may choose      1471), direct reporting NFFE, sponsored direct reporting 
which reduction in rate to apply.                              NFFE, or nonreporting IGA FFI required to provide a GIIN 
                                                               (as described earlier) that contains “Applied for” in the box 
                                                               for the GIIN, the payee must provide its GIIN within 90 
                                                               days of providing the form. A Form W-8 from such a 

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payee that does not include a GIIN, or includes a GIIN that W-8BEN because he or she is not claiming treaty benefits.
does not appear on the published IRS FFI list, will be Later, the investor purchases U.S. stock and claims treaty
invalid for purposes of chapter 4 beginning on the date benefits on dividend income. The withholding agent must
that is 90 days after the date the form is provided. See obtain a new Form W-8BEN at that time that provides the
Regulations section 1.1471-3(e)(3)(iii) and (iv). information required in Part II to be able to withhold based
on the treaty claim and not at the 30% withholding tax
You may only accept a Form W-8BEN-E or Form rate.
W-8IMY with Part II completed if the entity shown in Part II
is an FFI that is a branch of the entity identified in Part II, Changes in circumstances for chapter 4 purposes.
line 1, and the branch is receiving a withholdable For chapter 4 purposes, a change in circumstances
payment, or if the entity shown in Part II is a disregarded generally occurs when there is a change in a person’s
entity that is identified in Part I, line 3, as receiving the chapter 4 status. You must treat a Form W-8 as invalid
payment. If you receive a Form W-8BEN-E or Form when you know or have reason to know of a change in
W-8IMY from a branch (other than a U.S. branch) or circumstances that affects the correctness of the form.
disregarded entity described in the preceding sentence However, you may continue to treat an FFI as having the
that is receiving a payment associated with the form, you same chapter 4 status that it had prior to the change in
must verify the GIIN of the branch (unless the branch is circumstances until the earlier of 90 days from the date of
treated as a nonparticipating FFI) or disregarded entity the change or the date that new documentation is
that is provided in Part II against the published IRS FFI list obtained.
and not that of the entity identified in Part I, line 1. In such You are not considered to have reason to know of a
a case, you may accept the form without a GIIN on line 9a change in circumstances if an FFI’s chapter 4 status
(for Form W-8BEN-E) or line 9 (for Form W-8IMY). If you changes solely because the jurisdiction where the FFI is
receive a Form W-8BEN-E from a U.S. branch, the branch resident, organized, or located is treated as having an IGA
may provide the GIIN of any other branch of the FFI in effect or if the jurisdiction had a Model 2 IGA in effect
(including the GIIN for the FFI’s residence country). A U.S. and is later treated as having a Model 1 IGA in effect. If
branch providing a Form W-8IMY is not required to such change in circumstances occurs, the FFI may
provide a GIIN. provide you with oral or written confirmation (including by
email) of its new chapter 4 status rather than providing a
Presumption Rules new Form W-8, and you must retain a record of this
If you do not receive a valid Form W-8 or Form W-9 that confirmation.
you may rely upon under the due diligence requirements, If an FFI is resident, organized, or located in a
or cannot otherwise determine whether a payment should jurisdiction that is treated as having an IGA in effect, and
be treated as made to a U.S. or foreign person, you must the jurisdiction’s status on the Treasury Department’s IGA
apply the presumption rules provided in the Regulations list (located at www.treasury.gov/resource-center/tax-
under sections 1441, 1446, 1471, 6045, and 6049. If the policy/treaties/pages/FATCA.aspx) is later updated to
presumption rules are applied to treat a person as a indicate that it is no longer treated as having an IGA in
foreign person, the 30% withholding rate applies and effect, you will have reason to know of a change in
cannot be reduced (for example, no treaty rate). You may circumstances with respect to the FFI’s chapter 4 status
not rely on the presumption rules if you have actual on the date that the jurisdiction ceases to be treated as
knowledge that a higher withholding rate is applicable. If having an IGA in effect. See Announcement 2016–27,
you determine that you are making a withholdable 2016-33 I.R.B. 238. If such change in circumstances
payment to an entity and cannot reliably associate the occurs, the FFI may provide you with oral or written
payment with a Form W-8 or other permitted confirmation (including by email) of its new chapter 4
documentation that is valid for chapter 4 purposes, you status rather than providing a new Form W-8, and you
are required to treat the entity payee as a nonparticipating must retain a record of this confirmation.
FFI.
When To Request a New Form W-8 Period of Validity
Request a new Form W-8: Generally, a Form W-8 is valid from the date signed until
Before the expiration of the validity period of an existing the last day of the third succeeding calendar year unless a
Form W-8 (when applicable); change in circumstances occurs that makes any
If the existing form does not support a claim of reduced information on the form incorrect. For example, a Form
rate or is incomplete with respect to any claim made on W-8BEN signed on September 30, 2018, generally
the form (such as may result, for example, from a new remains valid through December 31, 2021. However,
regulatory requirement relevant to the Form W-8); or under certain conditions a Form W-8 will be valid
If you know or have reason to know of a change in indefinitely unless there has been a change in
circumstances that makes any information on the current circumstances. For example, a Form W-8BEN and
form unreliable or incorrect for purposes of chapter 3 or 4 documentary evidence supporting an individual’s claim of
(to the extent applicable) based on the claims made on foreign status (other than the portion of the form making a
the form. claim for treaty benefits) are indefinitely valid if the form
Example. A foreign individual investor opens an and documentary evidence are provided within 30 days of
account with a broker to purchase U.S. Treasury bonds each other. A Form W-8BEN-E and documentary
and provides Form W-8BEN to obtain the portfolio interest evidence supporting an entity’s claim of foreign status
exemption. The investor does not complete Part II of Form (other than the portion of the form making a claim for

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treaty benefits) that are received by a withholding agent            The account holder is a government, international 
before the validity period of either the form or the             organization, foreign central bank of issue, or resident of a 
documentary evidence would otherwise expire are                  U.S. territory; or
indefinitely valid. A Form W-8IMY is valid indefinitely as           You obtain a reasonable explanation for why the 
described in this paragraph, but see Notes for Validating        account holder has not been issued a foreign TIN.
Form W-8IMY, later, for the validity period for a Form 
                                                                     A reasonable explanation that an account holder does 
W-8IMY provided by a QDD. For further information on 
                                                                 not have a foreign TIN must address why the account 
the period of validity for a Form W-8 for chapter 3 
                                                                 holder was not issued a foreign TIN only to the extent 
purposes, see Regulations section 1.1441-1(e)(4)(ii), and 
                                                                 provided in the instructions for the applicable Form W-8. If 
for chapter 4 purposes, see Regulations section 
                                                                 an account holder provides an explanation other than the 
1.1471-3(c)(6)(ii).
                                                                 one described in the instructions for the applicable Form 
                                                                 W-8, you must determine whether the explanation is 
Forms Received That Are Not Dated or That                        reasonable. You may accept an explanation that is written 
Contain Inconsequential Errors or Omissions                      in the line on the form for a foreign TIN, in the margins of 
If a Form W-8 is valid except that the person providing the      the form, or on a separate attached statement associated 
form has not dated the form, you may date the form from          with the form. If the account holder writes the explanation 
the day you receive it and measure the validity period           on the line for foreign TINs or in the margins of the form, 
from that date. Generally, you may treat a withholding           the account holder may shorten it to “not legally required”.
certificate as valid if it contains an error or omission that is     See Notice 2017-46 for transitional rules for withholding 
inconsequential and you have sufficient documentation on         agents to obtain foreign TINs for accounts documented 
file to supplement the missing information. However, a           with otherwise valid Forms W-8 that were signed before 
failure to establish an entity type or make a required           January 1, 2018. See also Notice 2017-46 for the 
certification is not inconsequential. For example, if an         standards of knowledge (including when there is a change 
entity receiving a withholdable payment selects a certified      in circumstances) with respect to the foreign TIN 
deemed-compliant FFI status on line 5 of Form                    requirement. See Notice 2018-20 for additional 
W-8BEN-E but does not complete the corresponding                 information on the IRS list of jurisdictions for which 
required certifications in Part V, the form is invalid for       withholding agents are not required to obtain foreign TINs.
chapter 4 purposes. On the other hand, if you receive a 
Form W-8 for which the person signing the form does not          Alternative Certifications
also print a name before the signature when required on          Under an Applicable IGA
the form, you are not required to treat the form as 
incomplete if you have documentation or information              If you are an FFI subject to a Model 1 or Model 2 IGA 
supporting the identity of the person signing the form. An       using Form W-8BEN-E or Form W-8IMY to document 
abbreviation of a country of residence on Form W-8BEN            account holders pursuant to the due diligence 
is an inconsequential error if it is an ambiguous                requirements of Annex I of an applicable IGA, you may 
abbreviation. For further information about withholding          request alternative certifications from your account 
certificates that contain inconsequential errors, see            holders in accordance with the requirements of, and 
Regulations sections 1.1441-1(b)(7)(iv) for chapter 3            definitions applicable to, the IGA instead of the 
purposes and 1.1471-3(c)(7)(i) for chapter 4 purposes.           certifications on Form W-8BEN-E or W-8IMY. You should 
                                                                 provide those certifications to account holders from whom 
Foreign TINs                                                     you request a Form W-8BEN-E or W-8IMY, and the 
If you are a U.S. office or branch of a depository               account holder should attach the completed certification 
institution, custodial institution, investment entity, or        to the Form W-8BEN-E or W-8IMY in lieu of completing a 
specified insurance company (each as defined in                  certification otherwise required. In such a case, you must 
Regulations section 1.1471-5(e)) documenting an account          provide a written statement to the account holder stating 
holder (as defined in Regulations section 1.1471-5(a)(3))        that you have provided the alternative certification to meet 
of an account that is a financial account (as defined in         your due diligence requirements under an applicable IGA 
Regulations section 1.1471-5(b)) you must obtain the             and you must associate the certification with the Form 
account holder’s TIN for its jurisdiction of tax residence       W-8BEN-E or W-8IMY.
(foreign TIN) on a Form W-8 that is a beneficial owner               If you are a withholding agent (including an FFI), you 
withholding certificate in order for the form to be valid for a  may also request and rely upon an alternative certification 
payment of U.S. source income reportable on Form                 from an entity account holder to establish that the account 
1042-S (as determined before the application of this             holder is a NFFE (rather than a financial institution) under 
requirement), unless:                                            an applicable IGA. An entity providing such a certification 
The account holder is resident of a jurisdiction that is         will still be required, however, to provide its chapter 4 
not listed in section 3 of Revenue Procedure 2017-46,            status (that is, the type of NFFE) in Part I, line 5, as 
2017-43 I.R.B. 372, which may be further updated in              determined under the regulations if you are a withholding 
future published guidance;                                       agent other than an FFI documenting an account holder 
The account holder is resident in a jurisdiction that has        under Annex 1 of an applicable IGA. For example, if you 
been identified by the IRS on a list of jurisdictions for        are a U.S. withholding agent that receives a Form 
which witholding agents are not required to obtain foreign       W-8BEN-E or W-8IMY from an entity account holder 
TINs;                                                            certifying to its status as a passive NFFE, you may 
                                                                 request a written certification that the entity is not a 

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financial institution as defined under the IGA applicable to      Line 10 (Special rates and conditions). If the 
the entity and document it under the regulations by               beneficial owner is required to explain the additional 
obtaining the NFFE's certification of its chapter 4 status in     conditions in the treaty that it meets to be eligible for the 
Part I, line 5. In the case of an FFI documenting an              rate of withholding on line 10, you may accept a brief 
account holder under Annex 1 of an applicable IGA                 explanation for this purpose. You may accept a treaty 
however, a nonprofit organization treated as an active            claim without this explanation under an interest or 
NFFE under the Annex may provide an FFI with an                   dividends (other than dividends subject to a preferential 
alternative certification that it is an NFFE that qualifies as    rate based on ownership) article of a treaty or other 
a nonprofit organization under an applicable IGA. In such         income article, unless such article requires additional 
a case, the nonprofit organization will not be required to        representations.
check a box in Part I, line 5, and the FFI may treat the 
entity as an excepted NFFE.                                       Form W–8BEN–E
 If you receive an alternative certification under an             You should request Form W-8BEN-E from any foreign 
applicable IGA described in the preceding paragraphs,             entity for the purposes described previously in these 
you may rely on such certification unless you know or             instructions for Form W-8BEN or if the payee is to 
have reason to know the certification is incorrect.               establish that certain income from notional principal 
                                                                  contracts is not effectively connected with the conduct of 
                                                                  a U.S. trade or business (for reporting on Form 1042-S). 
Rules for Specific Types of Forms W–
                                                                  See Regulations section 1.1441-4.
8
                                                                  Notes for Validating Form W-8BEN-E
Form W–8BEN
You should request Form W-8BEN from any foreign                   Part I, Line 4 (Chapter 3 status). If you receive a Form 
individual for the purposes described previously in these         W-8BEN-E from an entity that indicates in Part I, line 4, 
instructions (that is, if you are making a payment subject        that it is a disregarded entity, partnership, simple trust, or 
to chapter 3 withholding or a withholdable payment; if you        grantor trust, and the entity has checked “No” in Part I, 
are a partnership documenting a partner for purposes of           line 4 (regarding the entity’s claim of treaty benefits), you 
section 1446; if a payee claims foreign status for purposes       should not accept the Form W-8BEN-E if the form is used 
of domestic information reporting and backup withholding;         with respect to reportable amounts or withholdable 
or if you are an FFI using this form to document an               payments. In such a case, you should request the entity 
account for purposes of chapter 4).                               complete a Form W-8IMY if the entity is a partnership, 
                                                                  simple trust, or grantor trust, or have the owner of a 
                                                                  disregarded entity complete the appropriate Form W-8. If 
Notes for Validating Form W-8BEN
                                                                  you are an FFI documenting an entity account holder 
Line 6 (Foreign TIN). If you do not obtain a foreign TIN          solely for chapter 4 purposes (that is, you are not required 
(or a reasonable explanation for why the account holder           to document the payee for purposes of withholding or 
has not been issued a foreign TIN) on line 6 (or on a             domestic information reporting), the entity does not need 
separate statement) when required (see Foreign TINs,              to provide a chapter 3 status on line 4 of the form.
earlier), you must treat the form as invalid for payments of      Part I, Line 9b (Foreign TIN). If you do not obtain a 
U.S. source income reportable on Form 1042-S (as                  foreign TIN (or a reasonable explanation for why the 
determined before the application of this requirement).           account holder has not been issued a foreign TIN) on 
Line 8 (Date of birth). If you are a U.S. office or branch        line 9b (or on a separate statement) when required (see 
of a depository institution, custodial institution, investment    Foreign TINs, earlier), you must treat the form as invalid 
entity, or specified insurance company (each as defined in        for payments of U.S. source income reportable on Form 
Regulations section 1.1471-5(e)) documenting an                   1042-S (as determined before the application of this 
individual account holder (as defined in Regulations              requirement).
section 1.1471-5(a)(3)) of an account that is a financial         Part II (Disregarded Entity or Branch Receiving Pay-
account (as defined in Regulations section 1.1471-5(b)),          ment). If you are making payments to multiple branches/
you must obtain the individual account holder’s date of           disregarded entities that would be completing Part II, and 
birth on the Form W-8BEN in order for the form to not be          the Part I information for each branch/disregarded entity is 
invalid for a payment of U.S. source income reportable on         the same, instead of obtaining separate Forms W-8BEN-E 
Form 1042-S (as determined before the application of this         with respect to each branch/disregarded entity, you may 
requirement). If the individual’s date of birth is not            accept a single Form W-8BEN-E with a separate schedule 
provided on the Form W-8BEN, the form is not invalid if           attached that includes all of the information required by 
you otherwise have the date of birth in your account files        Part II for each branch/disregarded entity and you are able 
for the account holder or you obtain the date of birth on a       to allocate each payment to each branch/disregarded 
written statement (including a written statement                  entity associated with the form. See Requirements for 
transmitted by email) from the account holder and                 Obtaining and Verifying a Global Intermediary 
associate the written statement with the Form W-8BEN.             Identification Number (GIIN), earlier, for when a GIIN is 
See Notice 2017-46 for transitional rules for withholding         required when Part II is completed.
agents to obtain dates of birth for accounts documented 
with otherwise valid Forms W-8 that were signed before            Part III (Claim of Tax Treaty Benefits), Line 14(b).    For 
January 1, 2018.                                                  a Form W-8BEN-E obtained on or after January 1, 2017, 

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an entity claiming a reduced rate of withholding under an items of income identified on line 11 are effectively
income tax treaty that contains a limitation on benefits connected with the conduct of a trade or business within
article must identify the limitation on benefits provision the United States. Therefore, if a beneficial owner
that it satisfies by checking one of the boxes in line 14(b). provides you with a Form W-8ECI, you may treat all of the
In general, the entity is only required to check one box, U.S. source income identified on line 11 paid to that
even if it satisfies more than one provision. If the beneficial owner as effectively connected with the conduct
applicable treaty has no limitation on benefits article, the of a trade or business within the United States and not as
entity must check the box for “Other” and enter “N/A” in a withholdable payment for purposes of chapter 4.
the line provided. You may rely on the entity’s claim in Accordingly, a chapter 4 status is not required for a payee
line 14(b) unless you have actual knowledge that the who provides a valid Form W-8ECI unless you are an FFI
claim is incorrect. requesting a Form W-8ECI from an account holder for
purposes of your chapter 4 due diligence requirements.
Part III, Line 15 (Special rates and conditions). If the
beneficial owner is required to explain the additional If you pay items of income that are not identified on
conditions in the treaty that it meets to be eligible for the line 11 by the beneficial owner as effectively connected
rate of withholding on line 15, you may accept a brief with the conduct of a trade or business within the United
explanation. You may accept a treaty claim without this States, generally you are required to obtain another type
explanation under an interest or dividends (other than of Form W-8 from the beneficial owner.
dividends subject to a preferential rate based on
Generally, you may not treat an amount as income
ownership) article of a treaty or other income article,
effectively connected with the conduct of a trade or
unless such article requires additional representations.
business within the United States unless the beneficial
Part IX, Line 24 (Owner-documented FFI). You may owner gives you a valid Form W-8ECI. However, there are
accept this certificate and treat an entity as an exceptions (described below) for income paid on notional
owner-documented FFI only if you are a designated principal contracts and payments made to certain U.S.
withholding agent under the chapter 4 regulations. Also, branches.
an owner-documented FFI that is a nonreporting IGA FFI
Notional principal contracts reportable on Form
must check “owner-documented FFI” (and not
1042-S. Withholding at a 30% rate is not required on
“nonreporting IGA FFI”) in line 5 and complete Part X. You
amounts paid under the terms of a notional principal
may accept a Form W-8BEN-E from an entity claiming
contract whether or not a Form W-8ECI is provided
status as an owner-documented FFI that does not check
(except when a payment made under such contract is
box 24d in Part X regardless of whether you know that the
U.S. source income, such as a dividend equivalent
entity is a trust that has one or more contingent
amount under section 871(m)). However, if the income is
beneficiaries.
effectively connected with the conduct of a U.S. trade or
Form W–8ECI business, it is reportable by you on Form 1042-S
(regardless of whether the payment is U.S. source
You should request Form W-8ECI from any foreign person
income). You must treat income as effectively connected
or organization to which you are making a payment if it is
with the conduct of a U.S. trade or business, even if a
the beneficial owner of the income (or an entity engaged
Form W-8ECI has not been received, if the income is paid
in a U.S. trade or business submitting the form on behalf
to a qualified business unit of a foreign person located in
of its owners, partners, or beneficiaries) and claims that
the United States or if the income is paid to a qualified
the income is effectively connected with the conduct of a
business unit of a foreign person located outside the
trade or business in the United States. However, if you are
United States and you know, or have reason to know, that
a partnership, you should request a Form W-8BEN or
the payment is income effectively connected with the
W-8BEN-E (as applicable) from a foreign partner that is
conduct of a U.S. trade or business. However, a payment
allocated income that is effectively connected with the
is not treated as income effectively connected with the
conduct of the partnership's trade or business in the
conduct of a U.S. trade or business if the payee provides
United States. Nevertheless, a foreign partner that has
a Form W-8BEN-E representing that the payment is not
made an election under section 871(d) or section 882(d)
income effectively connected with a U.S. trade or
must provide that election to the partnership along with a
business or makes a representation in a master
Form W-8ECI.
agreement that governs the transactions in notional
If you receive a Form W-8ECI without a U.S. TIN principal contracts between the parties (for example, an
entered on line 7, you may not treat the income as International Swaps and Derivatives Association
effectively connected with a U.S. trade or business and agreement), or in the confirmation on the particular
you must apply the appropriate presumption rules. If you notional principal contract transaction, that the payee is a
receive a Form W-8ECI without a foreign TIN (or a U.S. person or a non-U.S. branch of a foreign person.
reasonable explanation for why the account holder has
Payments to certain U.S. branches treated as effec-
not been issued a foreign TIN) on line 8 (or on a separate
tively connected income. If you make a payment to a
statement) when required (see Foreign TINs, earlier), you
U.S. branch of a foreign bank or insurance company that
must treat the form as invalid for payments of U.S. source
does not provide a withholding certificate but has provided
income reportable on Form 1042-S (as determined before
an EIN, the payment is presumed to be effectively
the application of this requirement).
connected with the conduct of a trade or business within
Your receipt of Form W-8ECI serves as a the United States even if the foreign person (or its U.S.
representation by the payee or beneficial owner that the branch) does not give you a Form W-8ECI. If you do not

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obtain a Form W-8ECI or the U.S. branch’s EIN, the             If you receive a Form W-8EXP without a foreign TIN (or 
income paid cannot be treated as income effectively           a reasonable explanation for why the account holder has 
connected with a U.S. trade or business.                      not been issued a foreign TIN) on line 8b (or on a separate 
                                                              statement) when required (see Foreign TINs, earlier), you 
Form W–8EXP                                                   must treat the form as invalid for payments of U.S. source 
You should request Form W-8EXP from any foreign               income reportable on Form 1042-S (as determined before 
government, international organization, foreign central       the application of this requirement).
bank of issue, foreign tax-exempt organization, foreign 
private foundation, or government of a U.S. possession to     Form W–8IMY
which you are making a payment of an amount subject to        You should request Form W-8IMY from any entity that is a 
chapter 3 withholding if such person is claiming an           QI (including a QI acting as a QDD), nonqualified 
exemption from withholding under sections 1441, 1442,         intermediary (including certain U.S. branches and territory 
and 1443 pursuant to section 115(2), 501(c), 892, or 895,     financial institutions), a withholding foreign partnership 
or claiming a rate of withholding under section 1443(b).      (WP), a withholding foreign trust (WT), or a flow-through 
Except as provided below, you should request Form             entity to which you make a withholdable payment or pay a 
W-8EXP from a person claiming an exemption from               reportable amount. A flow-through entity includes a 
withholding under chapter 4 as an exempt beneficial           foreign partnership (other than a WP), a foreign simple or 
owner or tax-exempt organization under section 501(c) or      grantor trust (other than a WT), and, for any payments for 
that is claiming any other chapter 4 status shown on the      which a treaty benefit is claimed, any entity to the extent it 
form when also claiming a chapter 3 status described in       is treated as fiscally transparent under the laws of the 
the preceding sentence. In certain cases, a GIIN may be       treaty jurisdiction, as provided in section 894 and the 
required based on the chapter 4 status claimed on the         regulations thereunder (without regard to whether it is 
form. See the Requirements for Obtaining and Verifying a      fiscally transparent under the laws of the United States). 
Global Intermediary Identification Number (GIINs), earlier.   Before January 1, 2020, Form W-8IMY may also be 
                                                              provided by an entity to claim chapter 3 status as a 
If you are an FFI documenting an account holder that is 
                                                              qualified securities lender (QSL) with respect to payments 
a tax-exempt organization or exempt beneficial owner 
                                                              of U.S. source substitute dividends and may be relied 
(each as defined for chapter 4 purposes) to which you do 
                                                              upon regardless of whether the QSL acts as an 
not pay amounts subject to withholding under chapter 3, 
                                                              intermediary with respect to substitute dividends 
you may require that the account holder complete Form 
                                                              associated with the form. You may accept a Form W-8IMY 
W-8BEN-E (rather than Form W-8EXP) to establish its 
                                                              from an individual acting as an agent or intermediary (as 
status for chapter 4 purposes.
                                                              appropriately amended to account for individual status), 
A Form W-8EXP submitted by a foreign person that is a         but you are not required to obtain such form if you are able 
partner in a partnership for purposes of withholding under    to associate payments you make to the person(s) for 
sections 1441 through 1443 will also establish that           whom the individual acts.
partner's foreign status for purposes of section 1446. 
However, except as provided in Regulations section             You may accept multiple Forms W-8IMY from an 
1.1446-3(c)(3) (regarding certain tax-exempt                  intermediary that is acting in multiple capacities (for 
organizations described in section 501(c)), the               example, as a QI for one account but a nonqualified 
submission of Form W-8EXP will have no effect on              intermediary or QDD for another account). However, a QI 
whether the partner is subject to withholding under section   may provide you with a single Form W-8IMY that covers 
1446.                                                         more than one category of QI shown on the form provided 
                                                              that it properly identifies to you the accounts and/or 
You may treat a payee as an international organization        transactions on a withholding statement. You may accept 
without requiring a Form W-8EXP if the payee is               a single Form W-8IMY for multiple branches of the entity 
designated as an international organization by an             providing the form if the information in Part I is the same 
executive order (pursuant to 22 U.S.C. 288 through            for each branch and a separate schedule is attached that 
288(f)) and other facts surrounding the payment               includes all of the Part II information on each branch and 
reasonably indicate that the beneficial owner of the          sufficient information to associate the payments with each 
payment is an international organization. With regard to      branch.
amounts derived from bankers' acceptances for chapter 3 
purposes, you may treat a payee as a foreign central bank      The chapter 4 status of an intermediary or flow-through 
of issue without requiring a Form W-8EXP if the name of       entity is required on Part I of the form if the form is 
the payee and other facts surrounding the payment             associated with a withholdable payment. Part II must be 
reasonably indicate that the beneficial owner of the          completed when a withholdable payment is made to a 
payment is a foreign central bank of issue.                   branch or disregarded entity described in Part II of the 
                                                              form.
A U.S. TIN is required if the beneficial owner is claiming 
an exemption or reduced rate of withholding based solely       Generally, for purposes of both chapters 3 and 4, 
on a claim of tax-exempt status under section 501(c) or       except to the extent otherwise provided in the Regulations 
private foundation status. However, a U.S. TIN is not         under sections 1441 or 1471, a Form W-8IMY must be 
required from a foreign private foundation that is subject to associated with a withholding statement and withholding 
the 4% excise tax on gross investment income (under           certificates (or documentary evidence, where permitted) 
section 4948(a)) that would be exempt from withholding        for the beneficial owners. Generally, the withholding 
except for section 4948(a) (for example, portfolio interest). statement must allocate the payment to each payee (or 

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pool of payees, where permitted, as described later),          must indicate its entity classification on line 16b of the 
provide the rate of withholding for each payee (or pool of     form. If you are making such payment that is an amount 
payees), and provide certain identification information on     subject to chapter 3 withholding to a QI that is acting as a 
each payee that is not included in a pool. See Regulations     QDD and the QDD is claiming treaty benefits applicable to 
section 1.1441-1(e)(3)(iv)(C)(3) for the allowance for a       the status identified on line 16b on the payment, you may 
withholding agent to accept an alternative withholding         treat the Form W-8IMY as a beneficial owner withholding 
statement from a nonqualified intermediary (which also         certificate and provide such benefits if the QDD provides a 
applies to a flow-through entity).                             statement associated to the Form W-8IMY that includes 
                                                               the necessary information with respect to the treaty claim 
If you are a participating FFI or registered                   required in Part III of Form W-8BEN-E. In such case, the 
deemed-compliant FFI, you may also request Form                portion of the certificate making a claim for treaty benefits 
W-8IMY from an intermediary or flow-through entity that is     is valid until the end of the third calendar year following 
an account holder to establish its chapter 4 status or         the year in which the Form W-8IMY is signed (unless a 
status under an applicable IGA even when no payments           change in circumstances occurs sooner), and the 
subject to withholding or domestic information reporting       validation rules for a treaty claim apply. A QDD may 
are made to the account. In such a case, a withholding         instead provide a separate Form W-8BEN-E to make the 
statement is not required.                                     treaty claim. You may otherwise treat a Form W-8IMY 
                                                               provided by a QDD (other than a flow-through entity or 
Notes for Validating Form W-8IMY                               disregarded entity) as a beneficial owner withholding 
                                                               certificate for establishing foreign status of the QDD for a 
QIs, WPs, and WTs (in general).    A QI, WP, or WT 
                                                               payment of U.S. source FDAP income (as long as the 
acting in its capacity as such must provide the EIN that 
                                                               QDD provides its foreign TIN (when required) on a QDD 
was issued to the entity in such capacity (that is, its 
                                                               withholding statement or a separate statement). A QDD 
QI-EIN, WP-EIN, or WT-EIN) on Form W-8IMY and not 
                                                               that is receiving payments that it beneficially owns that are 
any other EIN it may have in its nonqualified intermediary, 
                                                               not covered by its QI agreement should provide the 
nonwithholding foreign partnership, or nonwithholding 
                                                               appropriate Form W-8 based on its status (and not Form 
foreign trust capacity. Because status as a QI, WP, or WT 
                                                               W-8IMY). The QDD must provide to you a withholding 
for a financial institution is limited to certain classes of 
                                                               statement to identify the home office or branch that is 
FFIs, if you are making a withholdable payment to a QI, 
                                                               treated as the owner for U.S. income tax purposes and, in 
WP, or WT that is a financial institution, you must verify 
                                                               certain circumstances (described in the instructions for 
that the QI, WP, or WT certifies its status as one of the 
                                                               Form W-8IMY), the QDD’s foreign TIN (or a reasonable 
permitted classes in Regulations sections 1.1441-1(e)(5)
                                                               explanation for why it has not been issued a foreign TIN, if 
(ii) (for a QI), 1.1441-5(c)(2)(ii) (for a WP), or 1.1441-5(e)
                                                               required). Notwithstanding the preceding sentence, you 
(5)(v) (for a WT) and provides its GIIN (except in the case 
                                                               are not required to obtain a QDD withholding statement if 
of certain foreign central banks of issue and retirement 
                                                               the branch or home office of the QDD is identified on the 
funds).
                                                               form and the form is provided only for payments 
If a QI checks line 15b of Part III of the form to certify     beneficially owned by the QDD (and a foreign TIN is 
that it assumes primary Form 1099 reporting and backup         provided when required). See Foreign TINs, earlier, for 
withholding responsibility, you may accept the form even if    when you must treat the form as invalid if a foreign TIN or 
you do not know if there are any U.S. accounts receiving       reasonable explanation is not provided.
reportable payments at the time of the certification. If a QI       QIs assuming withholding on payments of 
does not check line 15b or 15c of Part III of the form, you    substitute interest.  If a QI represents its status as a QI 
must confirm that the QI is not receiving payments for U.S.    on a Form W-8IMY with respect to payments of interest 
accounts that are reportable on Form 1099, and the QI          and substitute interest and checks line 15g of Part III of 
must provide an updated Form W-8IMY or must provide a          the form, you may treat the QI as assuming withholding for 
withholding statement if it allocates payments to such         payments of interest and substitute interest it receives 
accounts for which it does not assume primary                  from you in connection with a sale-repurchase or similar 
withholding responsibility. A QI may check line 15e of Part    agreement, a securities lending transaction, or collateral 
III of the form to indicate that it allocates a portion of the that the QI holds in connection with its activities as a 
payment to a chapter 4 withholding rate pool of U.S.           dealer in securities.
payees that includes account holders of another 
intermediary or flow-through entity even if the withholding    QSLs. If you make payment of a U.S. source substitute 
statement does not show any intermediaries or                  dividend to a QSL (prior to January 1, 2020), the QSL is 
flow-through entities at the time the certification is         required to provide its U.S. TIN. If you make a payment to 
provided. However, a QI is not required to check line 15e      a QSL (prior to January 1, 2020) that is a withholdable 
of Part III of the form until it provides a withholding        payment, you must collect a Form W-8IMY that includes 
statement identifying an intermediary or flow-through          the QSL’s chapter 4 status and GIIN (as applicable) to 
entity that receives a payment allocated to a chapter 4        avoid withholding under chapter 4. A QSL that is a QI 
withholding rate pool of U.S. payees.                          should check line 15f of Part III of the form and a QSL that 
QIs acting as QDDs.  You should only accept a Form             is a nonqualified intermediary should check line 17d of 
W-8IMY from a QI acting as a QDD to the extent you are         Part IV of the form. You may not associate a Form 
making payments with respect to potential section 871(m)       W-8IMY from a QSL with a payment of a substitute 
transactions or underlying securities to the QDD when the      dividend on or after January 1, 2020, and you should 
entity claims QDD status in Part III of the form. A QDD        obtain a revised withholding certificate.

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For information on transition rules for 2018 and 2019 requirements of (and documentation or information that is
for withholding agents to apply with respect to QSLs, see publicly available that determines the chapter 4 status of
Notice 2018-05. the payee permitted under) an applicable IGA for an
account holder, and you may rely upon such status and
U.S. branches. If you make a payment to a U.S. branch
documentation, provided that you have the information
of a foreign bank or insurance company that represents
necessary to report on Form 1042-S. Additionally, see
that it is acting as an intermediary and has agreed to be
Alternative Certifications Under an Applicable IGA, earlier,
treated as a U.S. person, you are not required to obtain
for further details on alternative certifications.
the GIIN or chapter 4 status of the entity, but you must
obtain the U.S. branch’s EIN. If you make a withholdable In general, if you make a withholdable payment to an
payment after June 30, 2017, to a U.S. branch of an FFI intermediary or flow-through entity that is a participating
that is acting as an intermediary and that does not agree FFI or registered deemed-compliant FFI, the FFI may
to be treated as a U.S. person, the branch must provide its provide an FFI withholding statement that allocates a
EIN (but does not need to provide a GIIN or chapter 4 portion of the payment to a chapter 4 withholding rate
status) and certify that the branch is applying the rules pool. If an intermediary provides with its Form W-8IMY an
described in Regulations section 1.1471-4(d)(2)(iii)(C) by FFI withholding statement that allocates a portion of the
checking the box on line 19c in Part VI of the form. If you payment to a chapter 4 withholding rate pool of U.S.
do not obtain the certification from a U.S. branch payees, the FFI must provide a chapter 4 status on line 5.
described in the preceding sentence, you must treat the If the intermediary described in the preceding sentence is
branch as a nonparticipating FFI and withhold under a nonqualified intermediary, it must provide the
chapter 4 on withholdable payments made to the branch. certification required in Part IV with respect to its
You are not required to treat as invalid a Form W-8IMY compliance with the requirements of Regulations section
from an account holder that completes Part VI of the form 1.6049-4(c)(4) (or similar requirements under chapter 61
(to the extent required) but does not complete Part II of for a payment other than interest). If the intermediary is a
the form. QI, it must certify that it meets the requirements of
Regulations section 1.6049-4(c)(4)(iii) and, to the extent
Territory financial institutions acting as intermedia- the U.S. payees are account holders of an intermediary or
ries. If you make a payment to a territory financial flow-through entity receiving a payment from the QI, the
institution acting as an intermediary, you must obtain the QI has obtained or will obtain documentation sufficient to
territory financial institution’s EIN if it agrees to be treated establish each such intermediary or flow-through entity
as a U.S. person for chapters 3 and 4. You are not status as a participating FFI, registered
required to obtain a GIIN from a territory financial deemed-compliant FFI, or FFI that is a QI. An allocation of
institution. a payment shown on a withholding statement and made
Participating FFIs and registered deemed-compliant on or after April 1, 2017, to a nonqualified intermediary,
FFIs that are flow-through entities or acting as inter- nonwithholding foreign partnership, or nonwithholding
mediaries. If a participating FFI or registered foreign trust of an amount subject to chapter 3 withholding
deemed-compliant FFI that is an intermediary or to a chapter 4 withholding rate pool of U.S. payees must
flow-through entity provides you with a withholding identify the payees consistent with the description in
statement and documentation for its account holders or Regulations section 1.1471-3(c)(3)(iii)(B)(2)(iii)
payees, you are not required to verify the information on (describing account holders of an FFI that is a non-U.S.
the account holders or payees provided in the payor that are not subject to withholding under chapter 3
documentation for chapter 4 purposes unless the or 4 or under section 3406, and that are holders of U.S.
information in the documentation is facially incorrect, and accounts reported by the FFI under its FATCA
you are not required to obtain additional documentation requirements as a participating FFI or registered
for an account holder or payee in addition to the deemed-compliant FFI).
withholding certificate unless you are obtaining the Section 1446 requirements. You should request Form
documentation for purposes of chapter 3 or 61, or unless W-8IMY for purposes of section 1446 only from a foreign
you know that the documentation review conducted by the upper-tier partnership or foreign grantor trust. Generally,
participating FFI or registered deemed-compliant FFI was for purposes of section 1446, the Form W-8IMY submitted
not adequate for purposes of chapter 4. See Regulations by these entities is used to transmit the forms of the
section 1.1441-7(b)(10) for the due diligence owners of these entities. The other forms should be
requirements for indirect account holders for purposes of accompanied with the information necessary to reliably
chapter 3 and see Regulations section 1.1471-3(e)(4)(vi) associate your effectively connected partnership items
(B) for standards that apply in such case to determine with the upper-tier partners, in the case of a foreign
whether chapter 4 withholding applies. You may rely on upper-tier partnership, and the grantor or other owner, in
documentation that does not include a chapter 4 status for the case of a foreign grantor trust. Then you must look
an account holder of an intermediary or flow-through through these entities to the beneficial owners when
entity that is an FFI when the withholding statement determining your section 1446 tax obligation. A domestic
provided by such entity indicates that the payment is upper-tier partnership may also provide you this
made to an account excluded as a financial account under information. Under those circumstances you may, but are
Regulations section 1.1471-5(b)(2). not required to, pay the section 1446 withholding tax of
An intermediary or flow-through entity that is a the foreign partners of the domestic upper-tier
participating FFI or registered deemed-compliant FFI may partnership. See Regulations section 1.1446-5.
provide a status for chapter 4 purposes found under the

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Requirements for Hybrid and Reverse Hybrid                         A form that satisfies these substitute forms 
Entities                                                      requirements may be treated as a similar agreed form for 
                                                              purposes of an applicable IGA unless the partner 
A hybrid entity is an entity that is treated as fiscally 
                                                              jurisdiction declines such treatment.
transparent under the Code but is not treated as fiscally 
transparent under the tax laws of a country with which the         A substitute form does not need to contain all of the 
United States has an income tax treaty.                       provisions contained on the official form, so long as it 
                                                              contains those provisions that are relevant to the 
If you are making a payment to a foreign hybrid entity 
                                                              transaction for which it is furnished. You may omit the 
that is making a claim for treaty benefits on its own behalf, 
                                                              chapter 4 certifications on your substitute form if such 
the hybrid entity should provide a Form W-8BEN-E to 
                                                              certifications are not required based on the payments 
claim treaty benefits. If the hybrid entity is a flow-through 
                                                              made to the payees. If you are an FFI documenting the 
entity (not a disregarded entity) claiming treaty benefits on 
                                                              chapter 4 status of your account holders under your 
its own behalf on a payment that is a withholdable 
                                                              chapter 4 requirements or an applicable IGA, however, 
payment, it should also provide you a Form W-8IMY 
                                                              you may not omit the chapter 4 certifications. If you are 
(including its chapter 4 status) along with a withholding 
                                                              making a withholdable payment, you may choose to 
statement (if required) establishing the chapter 4 status of 
                                                              provide a substitute form that does not include all of the 
each of its partners or owners to determine whether 
                                                              chapter 4 statuses provided on the Form W-8, but the 
withholding applies to any portion of the payment. 
                                                              substitute form must include any chapter 4 status for 
Allocation information is not required on this withholding 
                                                              which withholding may apply.
statement unless one or more partners or owners are 
subject to chapter 4 withholding. If the hybrid entity is a        You may incorporate a substitute Form W-8 into other 
disregarded entity claiming treaty benefits on a payment      business forms you customarily use, such as account 
that is a withholdable payment, unless the disregarded        signature cards, provided the required certifications are 
entity is treated as the payee for chapter 4 purposes and     clearly set forth. However, you may not:
has its own GIIN, the single owner should provide a Form           1. Use a substitute form that requires the payee, by 
W-8BEN-E or Form W-8BEN (as applicable) to you along          signing, to agree to provisions unrelated to the required 
with the Form W-8BEN-E for the hybrid entity. Line 10 of      certifications; or
the Form W-8BEN-E may be used by the hybrid entity to 
                                                                   2. Imply that a person may be subject to 30% 
associate the Forms W-8.
                                                              withholding or backup withholding unless that person 
A foreign reverse hybrid entity is an entity that is a        agrees to provisions on the substitute form that are 
corporation for U.S. tax purposes but is fiscally             unrelated to the required certifications.
transparent under the tax laws of a country with which the 
                                                                   A substitute Form W-8 is valid only if it contains the 
United States has an income tax treaty. If a foreign 
                                                              same penalties of perjury statement and certifications as 
reverse hybrid entity is receiving a payment for which the 
                                                              the official forms and the required signature. However, if 
entity is claiming a reduced rate of withholding for its 
                                                              the substitute form is contained in some other business 
owners, you must obtain from the entity a Form W-8IMY 
                                                              form, the words “information on this form” may be 
(including its chapter 4 status if the payment is a 
                                                              modified to refer to that portion of the business form 
withholdable payment) along with a withholding statement 
                                                              containing the substitute form information. The design of 
and documentation for each owner for which the entity 
                                                              the substitute form must be such that the information and 
claims treaty benefits. If a foreign reverse hybrid entity is 
                                                              certifications that are being attested to by the penalties of 
receiving a withholdable payment and is not claiming 
                                                              perjury statement clearly stand out from any other 
treaty benefits on behalf of any of its owners, you should 
                                                              information contained in the form.
obtain only a Form W-8BEN-E from the entity to establish 
its chapter 4 status.                                         Content of Substitute Form
Substitute Forms W-8 for                                      Substitute Form W-8BEN. The substitute Form 
                                                              W-8BEN must contain all of the information required in 
Payments of Reportable Amounts                                Part I, lines 1 through 8. The certifications in Part II must 
                                                              be included in a substitute form only if treaty benefits are 
and Withholdable Payments
                                                              claimed, and then only to the extent that the certifications 
You may develop and use your own Form W-8 (a                  are required. For example, Form W-8BEN, line 10 (special 
substitute form) for chapters 3 and 4 purposes if its         rates and conditions), is not required if the form is being 
content is substantially similar to the IRS's official Form   requested from an individual receiving a payment of U.S. 
W-8 (to the extent required by these instructions), it        source dividends from stocks that are actively traded on 
satisfies certain certification requirements, and it includes an established securities market. The substitute Form 
a signature under a penalties of perjury statement that is    W-8BEN must include a statement that if the person 
identical to the one stated on the official form. You may     providing the form is a resident in a FATCA partner 
develop and use a substitute form that is in a foreign        jurisdiction (that is, a Model 1 IGA jurisdiction with 
language provided that you make an English translation of     reciprocity), certain tax account information may be 
the form and its contents available to the IRS upon           provided to the jurisdiction of residence.
request. You may combine multiple Forms W-8 into a 
single substitute form.                                            The substitute form must contain the penalties of 
                                                              perjury statement identical to the statement on the official 
                                                              Form W-8BEN. Additionally, if the substitute form is 

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incorporated into other business forms, the following            the form. For example, if a withholding agent is 
statement must be presented in the same manner as the            documenting a beneficial owner that is a foreign 
penalties of perjury statement and must appear                   government for purposes of both chapters 3 and 4, the 
immediately above the single signature line: “The Internal       withholding agent may use a substitute Form W-8EXP 
Revenue Service does not require your consent to any             that contains the required information in Part I, plus the 
provisions of this document other than the certifications        required statements and certifications from Parts II and III 
required to establish your status as a non-U.S. individual       that are related to foreign governments, and does not 
and, if applicable, obtain a reduced rate of withholding.”       need to include the statements and certifications for other 
                                                                 types of entities that would otherwise be providing the 
Substitute Form W-8BEN-E. The substitute Form 
                                                                 Form W-8EXP.
W-8BEN-E must contain all of the information required in 
Part I, lines 1 through 6, and lines 8 and 9 if a U.S. or            If the substitute form is incorporated into other business 
foreign TIN or a GIIN is required. See however, Substitute       forms, the following statement must be presented in the 
Forms W-8 for Payments of Reportable Amounts and                 same manner as the penalties of perjury statement and 
Withholdable Payments, earlier, for when you may omit a          must appear immediately above the single signature line: 
chapter 4 certification on a substitute Form W-8. The            “The Internal Revenue Service does not require your 
certifications in Part II must be included in a substitute       consent to any provisions of this document other than the 
form if you are making a withholdable payment to a               certifications required to establish your status as a foreign 
disregarded entity or a branch that must be reported in          government, international organization, foreign central 
Part II. The certifications in Part III must be included only if bank of issue, foreign tax-exempt organization, foreign 
treaty benefits are claimed, and then only to the extent         private foundation, or government of a U.S. possession, 
that the certifications are required. See Alternative            and your chapter 4 status (if required).”
Certifications Under an Applicable IGA, earlier, in these        Substitute Form W-8IMY. The substitute Form W-8IMY 
instructions, for circumstances in which the chapter 4           must contain all of the information required in Part I, lines 
certifications may be replaced with alternative                  1 through 6, line 8 (if a U.S. TIN is required), and line 9 (if 
certifications.                                                  a GIIN is required). See however, Substitute Forms W-8 
If the substitute form is incorporated into other business       for Payments of Reportable Amounts and Withholdable 
forms, the following statement must be presented in the          Payments, earlier, for when you may omit a chapter 4 
same manner as the penalties of perjury statement and            certification on a substitute Form W-8. The information 
must appear immediately above the single signature line:         required in Part II must be included in a substitute form if 
“The Internal Revenue Service does not require your              you are making a withholdable payment to a disregarded 
consent to any provisions of this document other than the        entity that has its own GIIN or a branch (including a 
certifications required to establish your status as a            branch that is a disregarded entity that does not have its 
non-U.S. person, establish your chapter 4 status (if             own GIIN) operating in a jurisdiction other than the 
required), and, if applicable, obtain a reduced rate of          jurisdiction of residence of the entity named in Part I of the 
withholding.”                                                    form. The substitute Form W-8IMY must also contain all of 
                                                                 the statements and certifications relevant to chapter 3 
Substitute Form W-8ECI.  The substitute Form W-8ECI 
                                                                 contained in Parts III through VIII if you are making a 
must contain all of the information required in Part I other 
                                                                 payment subject to withholding under chapter 3 and the 
than line 9. The certifications in Part II of Form W-8ECI 
                                                                 statements and certifications relevant to the chapter 4 
must be included in a substitute form.
                                                                 status contained in Parts IX through XXVIII for the 
If the substitute form is incorporated into other business       intermediary or flow-through entity providing the form if 
forms, the following statement must be presented in the          you are making a withholdable payment or if you are an 
same manner as the penalties of perjury statement and            FFI documenting your account holders for purposes of 
must appear immediately above the single signature line:         chapter 4 or an applicable IGA. For example, if the only 
“The Internal Revenue Service does not require your              intermediaries to which a U.S. withholding agent makes 
consent to any provisions of this document other than the        payments are qualified intermediaries that are 
certifications required to establish your status as a            participating FFIs, the withholding agent may use a 
non-U.S. person and that the income for which this form is       substitute Form W-8IMY that contains only the required 
provided is effectively connected with the conduct of a          information from Part I (including line 9 to collect the 
trade or business within the United States.”                     intermediaries’ GIINs), plus the statements and 
Substitute Form W-8EXP.  The substitute Form W-8EXP              certifications from Part III. A substitute Form W-8IMY must 
must contain all of the information required in Part I, lines    also incorporate the same attachments as the official form 
1 through 5, line 7 (if a U.S. TIN is required), and line 8.     (such as a withholding statement and beneficial owner 
See however, Substitute Forms W-8 for Payments of                documentation, to the extent otherwise required). You 
Reportable Amounts and Withholdable Payments, earlier,           may also include any information in a substitute Form 
for when you may omit a chapter 4 certification on a             W-8IMY, or require any information to be associated with 
substitute Form W-8. The substitute Form W-8EXP must             the form, that is reasonably related to your obligation to 
also contain all of the statements and certifications            withhold and correctly report payments.
contained in Parts II and III, as applicable, with respect to        If the substitute form is incorporated into other business 
the purpose for which the form is provided, but a specific       forms, the following statement must be presented in the 
statement or certification needs to be included (in its          same manner as the penalties of perjury statement and 
entirety) only if it is relevant to the type of entity providing must appear immediately above the single signature line: 

Inst. for the Requester of Forms W-8 (Rev. April 2018)           -15-

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

“The Internal Revenue Service does not require your           birth. The form may also request other information 
consent to any provisions of this document other than the     required for purposes of tax or anti-money laundering 
certifications required to establish: (1) your status as a    (AML) due diligence in the United States or in other 
qualified intermediary, a nonqualified intermediary, a        countries. A form that satisfies these requirements may be 
specific type of U.S. branch, a withholding foreign           treated as a similar agreed form for purposes of an 
partnership, a withholding foreign trust, a nonwithholding    applicable IGA unless the partner jurisdiction declines 
foreign partnership, a nonwithholding foreign simple trust,   such treatment.
or a nonwithholding foreign grantor trust; (2) your 
                                                                   Generally, a non-IRS form for individuals must contain 
chapter 4 status; and/or (3) prior to January 1, 2020, your 
                                                              a signed and dated certification made under penalties of 
status as a qualified securities lender.”
                                                              perjury that the information provided on the form is 
Non-IRS Form for Individuals Not                              accurate and will be updated by the individual within 30 
                                                              days of a change in circumstances that causes the form to 
Receiving Reportable Amounts
                                                              become incorrect. However, the signed certification 
If you are an FFI documenting an account holder that is an    provided on a form need not be signed under penalties of 
individual and you are not making a payment of a              perjury if the form is accompanied by documentary 
reportable amount to such account holder, you may use a       evidence that supports the individual’s claim of foreign 
non-IRS form rather than a substitute Form W-8BEN. The        status. Such documentary evidence may be the same 
form must include the name and address of the individual      documentary evidence that is used to support foreign 
that is the payee or beneficial owner, all countries in which status in the case of a payee whose account has U.S. 
the individual is resident for tax purposes, the individual’s indicia as described in Regulations sections 1.1471-3(e) 
country of birth, a taxpayer identification number, if any,   and 1.1471-4(c)(4)(i)(A).
for each country of residence, and the individual’s date of 

                                                              -16- Inst. for the Requester of Forms W-8 (Rev. April 2018)

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