BACKUP WITHHOLDING FOR MISSING AND INCORRECT NAME/TIN(S) (Including instructions for reading tape cartridges and CD/DVD Formats) Publication 1281 (Rev. 12-2023) Catalog Number 63327A Department of the Treasury Internal Revenue Service www.irs.gov |
Table of Contents Part 1 Introduction................................................................................................ 1 Backup Withholding Rate .......................................................................................... 2 Part 2 Frequently Asked Questions ...................................................................... 3 Part 3 Where to Call for Help ................................................................................ 11 Part 4 Actions for Missing TINs and Incorrect Name/TIN Combinations .............. 13 CP2100 Notice ............................................................................................................ 14 Missing TIN(s) ............................................................................................................. 14 Incorrect Name/TIN Combinations ........................................................................... 14 First “B” Notice ........................................................................................................... 15 Second “B” Notice...................................................................................................... 15 Third and Subsequent Notices .................................................................................. 16 Part 5 The IRS Matching Process/ Name Controls ............................................... 17 Part 6 Flow Charts ................................................................................................ 25 Flowcharting for Incorrect Name/TINSs .................................................................. 26 Flowcharting for Missing TINSs ................................................................................ 27 Part 7 Name Compression Specifications for “B” Notice Tape Cartridges ........... 28 Part 8 Instructions for Reading Tape Cartridges .................................................. 30 Part 9 Instructions for Reading CD/DVD media .................................................... 35 Section 10 Other Forms ........................................................................................ 43 Instructions for the Requester of Form W-9 Form W-9 Form W-8 Series and Instructions Backup Withholding For Missing and Incorrect Name/Tin(S) ii |
Part 1 |
Part 1 Introduction This publication contains information about the backup withholding (BWH-B) requirements that apply to the information returns that you filed. The law provides that you may be required to withhold a specified percentage (see BWH-B Rate) of certain reportable payments made to recipients (payees) for whom you filed an information return that had a missing or an incorrect Taxpayer Identification Number (TIN). If you are a new filer of information returns or want an answer to a specific question, you may find it helpful to begin by reading Part 2, Frequently Asked Questions. More detailed information begins in Part 4. We have included copies of the First and Second “B” Notices, Form W-9, Forms and W-8 series, and SSA (see Part 10) for your convenience. E- Services provide various electronic and interactive applications. See the IRS web site at, https://la.www4.irs. gov/e-services/Registration/index.htm to review the on-line tutorial. Payers of income reported on Forms 1099 B, DIV, INT, K, MISC, NEC, OID, G and/or PATR may be eligible to participate in the TIN Matching program. You can download the TIN Matching Publication, 2108A, at www.IRS.gov. Backup Withholding (BWH-B) Rate Rate/Percentage is 24%, effective for all subject payments after December 31, 2017. Backup Withholding For Missing and Incorrect Name/Tin(S) 2 |
Part 2 |
Part 2 FREQUENTLY ASKED QUESTIONS 1. Q… What is backup withholding? A... Persons (payers) making certain payments to payees must withhold and pay to the IRS a specified percentage (see “BWH Rate” on page 3) of those payments under certain conditions. Payments that may be subject to backup withholding include interest, dividends, rents, royalties, commissions, non-employee compensation, and other payments including broker proceeds and barter exchange transactions, reportable gross proceeds paid to attorneys, and certain payments made by fishing boat operators. Payments that are excluded from backup withholding are real estate transactions, foreclosures and abandonments, cancelled debts, distributions from Archer Medical Savings Accounts (MSAs), long-term care benefits, distributions from any retirement account, distributions from an employee stock ownership plan (ESOP), fish purchases for cash, unemployment compensation, state or local income tax refunds, and qualified tuition program earnings. 2. Q… What is a Taxpayer Identification Number (TIN)? A... A TIN is a Social Security Number (SSN) issued by the Social Security Administration (SSA) or an Employer Identification Number (EIN) issued by the IRS. A TIN can have only nine (9) numbers. It cannot have more or less than nine numbers nor can it have letters. See Question #3 for information on ITINs and ATINs. 3. Q… What is an Individual Taxpayer Identification Number (ITIN)/Adoption Taxpayer Identification Number (ATIN)? A... An ITIN is an individual Taxpayer Identification Number (ITIN) issued by the IRS and may be used as a TIN to meet federal tax obligations only. Resident aliens and nonresident aliens, who are not eligible for SSNs, use ITINs. An ITIN has nine numbers in the same format as an SSN and always begins with the number 9. The fourth and fifth digits are always within the range of 70 through 88. An ATIN is an Adoption Taxpayer Identification Number issued by the IRS and can be used as a TIN. An ATIN is only a temporary taxpayer identification number issued for a child born, and adopted, in the United States. An ATIN contains nine numbers in the same format as an SSN. An ATIN should be requested when an SSN cannot be obtained in time to file your tax return. Once the adoptive parent obtains an SSN for the adopted child, the ATIN becomes obsolete. 4. Q… What payments are subject to backup withholding? a) Rents and commissions, non-employee compensation for services, royalties, reportable gross proceeds paid to attorneys and other fixed or determinable gains, profits, or income payments reportable on Form 1099-MISC, Miscellaneous Income. b) Commissions, fees, or other payments for work performed as an independent contractor on Form 1099-NEC, Nonemployee Compensation. c) Interest reportable on Form 1099-INT, Interest Income. d) Dividends reportable on Form 1099-DIV, Dividends and Distributions. e) Patronage dividends paid in money or qualified check reportable on Form 1099-PATR, Taxable Distributions Received From Cooperatives. f) Original issue discount reportable on Form 1099-OID, Original Issue Discount, if the payment is in cash. g) Gross proceeds reportable on Form 1099-B, Proceeds From Broker and Barter Exchange Transactions. h) Gambling winnings reportable on Form W-2G, Certain Gambling Winnings, unless subject to regular gambling withholding. If not subject to regular gambling withholding, backup withholding only applies if, and only if, the payee does not furnish a taxpayer identification number to the payor. Backup Withholding For Missing and Incorrect Name/Tin(S) 4 |
FREQUENTLY ASKED QUESTIONS i) Gross payments reportable on Form 1099-K, Payment Card and Third Party Network Transactions. j) Form 1099-G payments that are subject to backup withholding under IRC 6041 and 3406(b)(3)(A) which include taxable grants and agricultural payments (1099-G Box 6 or 7) 5. Q… Can a payee claim he or she is exempt from backup withholding? A... Yes. Payees who may be exempt are listed in the “Instructions for the Requester of Form W-9”. They include tax-exempt organizations, government agencies, corporations (For certain payments), and other listed entities. 6. Q… Is a payee an exempt corporation if it uses the term “Company” or “Co.” in its name? A... A payer cannot treat a payee as an exempt organization merely because the business name contains the word “Company” or “Co.” A payer may treat a payee as exempt if: ■ the name contains the term insurance company, indemnity company, reinsurance company or assurance company. Requirement one is also met if the entities name indicates that it is an entity listed as a corporation under IRS Regulations, section 301.7701-2(b)(8)(i), ■ the payer has on file a corporate resolution or similar document clearly indicating corporate status, ■ the payer receives a Form W-9 which includes an EIN and a statement from the payee that it is a domestic corporation or, ■ the payer receives a withholding certificate described in Section 1.1441-1(e) (2)(i), that includes a certification that the person whose name is on the certificate is a foreign corporation. 7. Q… When is a TIN considered missing or incorrect? A... Missing TIN - We consider a TIN to be missing if it is not provided, has more or less than nine numbers, or it has an alpha character as one of the nine positions. Example: Missing SSN: 123-45-678 Example: Missing SSN: 123-45-67899 Example: Missing EIN: 12- 345678P Incorrect TIN - We consider a TIN incorrect if it is in the proper format but the Name/TIN combination does not match or cannot be found on IRS or SSA files. Examples of Proper Format: Correct SSN:123-45-6789 Correct EIN: 12-3456789 8. Q… What files do the IRS use in the matching process? A... The DM-1 File -- A file containing all SSNs ever issued by the SSA The EIN-Name Control File -- A file containing all the IRS-assigned EINs The ITIN File -- A file containing all the IRS-assigned ITINs (On DM-1) The ATIN File -- A file containing all the IRS-assigned ATINs (On DM-1) 9. Q… What should I do if a payee refuses or neglects to provide a TIN? A... Begin backup withholding immediately on any reportable payments. Do the required annual solicitation (request) for the TIN. Question 19 has information about the solicitation requirements for missing and incorrect TINs. Backup withhold until you receive a TIN. Backup Withholding For Missing and Incorrect Name/Tin(S) 5 |
FREQUENTLY ASKED QUESTIONS 10. Q… How do I know if a TIN on my account is incorrect? A... After the submission of Form 1099 information returns, the IRS will send you a CP2100 or a CP2100A Notice and a listing of incorrect Name/TIN(s) reported on those forms. 11. Q… What is a CP2100 or CP2100A Notice? A... It is a notice that tells a payer that he or she may be responsible for backup withholding. It is accompanied by a listing of missing, incorrect, and/or not currently issued payee TINs. Large volume filers will receive a CD or DVD data file CP2100, mid-size filers receive a paper CP2100, and small filers receive a paper CP2100A. Large Filer …………. 250 or more error documents; Mid Size Filer ……… Between 50 and 249 documents. Small Filer …............ Less than 50 error documents. 12. Q… What should I do if I receive a CP2100 or CP2100A Notice? A... Compare the listing(s) with your records. For missing TINs: If you have not started backup withholding, begin to do so immediately and continue until you receive a TIN. You must make up to three solicitations for the TIN (initial, first annual, second annual), as described in Question 19, to avoid a penalty for failing to include a TIN on the information return. For incorrect TINs: Compare the accounts on the listing with your business records. See Question 19 for the solicitation requirements in order to avoid a penalty for failure to include the correct TIN on an Information Return. If they agree, send the appropriate “B” Notice to the payee. If an account does not agree, this could be the result of a recent update to SSA records, an error in the information you submitted, or an IRS processing error. If this type of error occurred, the only thing you should do is correct or update your records, if necessary. Remember: You do not have to call or write to the IRS to say that you made the correction or update to your records. 13. Q… What should I do if I receive a CP2100, CP2100A, or 972CG and do not recognize a TCC provided on the notice? A... The TCC belongs to the business who transmitted the information returns listed on the notice. The TCC may belong to the payer; however, the TCC may belong to a third-party hired to transmit the information returns for the payer. Contact any third-parties you used to transmit your information returns on your behalf. For example, an accountant, payroll provider, etc. 14. Q… What is a “B” Notice? A... A “B” Notice is a backup withholding notice. There are two “B” Notices -- the First “B” Notice and the Second “B” Notice. You must send the First “B” Notice and a Form W-9 to a payee after you receive the first CP2100 or CP2100A Notice with respect to this account for soliciting a correct Name/TIN combination. You must send the second “B” Notice to a payee after you receive a second CP2100 or CP2100A Notice within a 3 calendar year period. The text of the Second “B” Notice is different from that of the First “B” Notice. The Second “B” Notice tells the payee to contact IRS or SSA to obtain the correct Name/TIN combination. The mailing of the second notice should not include a Form W-9. The payor must receive validation of the payee’s Name/TIN combination from SSA or IRS after sending the second “B” Notice. Payees should be instructed regarding how to request validation of their name/TIN combinations in accordance with the procedures described in Part 4. Generally, you do not have to send a “B” Notice more than two times within three calendar years to the same account. Backup Withholding For Missing and Incorrect Name/Tin(S) 6 |
FREQUENTLY ASKED QUESTIONS 15. Q… When do I send a “B” Notice to a payee? A... You have 15 business days from the date of the CP2100A or CP2100 Notice, or the date you received it (whichever is later), to send a “B” Notice to a payee. For incorrect TINS you only have to send a “B” Notice to a payee whose Name/TIN combination and account number on your records agrees with the combination that IRS identified as incorrect. 16. Q… How do I know which “B” Notice to send? A... If this is the first CP2100 or CP2100A Notice you have received with respect to this account, you must provide the payee with (1) the First “B” Notice and (2) a copy of Form W-9 (or acceptable substitute). You may also provide an optional reply envelope. Your outside mailing envelope must be clearly marked “IMPORTANT TAX INFORMATION ENCLOSED” or “IMPORTANT TAX RETURN DOCUMENT ENCLOSED.” If this is the second CP2100 or CP2100A Notice you have received within three calendar years with respect to this account, you must provide the payee with the Second “B” Notice. Do not include a Form W-9. You may also provide an optional reply envelope. Your outside mailing envelope must be clearly marked “IMPORTANT TAX INFORMATION ENCLOSED” or “IMPORTANT TAX RETURN DOCUMENT ENCLOSED.” 17. Q… Do I have to mail a Second “B” Notice if I receive the second CP2100 or CP2100A Notice in the same calendar year as the first notice? A... No. You may disregard the second CP2100 or CP2100A notice, even if it relates to a different tax year than the first notice. You also have no obligation to mail a second ‘B’ Notice if you receive the second CP2100 or CP2100A Notice in a different calendar year than the first, but both of the CP notices relate to the same payee’s account for the same calendar year. 18. Q… What should I do if a “B” Notice is returned as “undeliverable”? A... You must begin backup withholding. However, try to get the correct address for the payee and remail the notice. If you cannot find the correct address, keep the undelivered notice with your records for a period of three years, in order to track the “two-in-three-year” rule (see Question 13) or, until you have obtained a valid address. 19. Q… After I receive a CP2100 or CP2100A Notice, when do I start and stop backup withholding? A... You must begin backup withholding on all reportable payments to the payee no later than 30 business days after you have received the CP2100 or CP2100A Notice. You must stop backup withholding on payments within 30 calendar days after you have received the required certification (Form W-9) from the payee or TIN validation from the SSA or the IRS, if it was a second notification. At your option, you may start and stop backup withholding at any time during these 30-day periods. 20. Q… What are the first and second annual solicitation requirements? A... A solicitation is a request for a payee’s correct TIN. You must make the request to satisfy the backup withholding requirements and to avoid a penalty for filing another information return with a missing or an incorrect TIN. The payee must furnish a certified TIN (initial solicitation) on Form W-9 with respect to payments of interest, dividends, and amounts subject to broker reporting. For other payments, the payee may furnish/provide the TIN in any manner. Backup Withholding For Missing and Incorrect Name/Tin(S) 7 |
FREQUENTLY ASKED QUESTIONS For missing TINs: For all payees you must make the initial solicitation when the payee opens the account or when the transaction occurs. If the payee does not provide a TIN when you initially ask for it, you must begin backup withholding. In addition, to avoid a penalty for filing an incorrect information return, you must make a first annual solicitation by December 31 of the year in which the account is opened (for accounts opened before December) or January 31 of the following year (for accounts opened during the preceding December). If the payee does not provide a TIN after the first annual solicitation, you must make the second annual solicitation by December 31 of the year following the calendar year in which the account was opened. For incorrect TINs: You must make up to two annual solicitations in response to the CP2100 or CP2100A Notice. You must send a B Notice within 15 business days after you receive a CP2100 or CP2100A Notice. If you receive a Proposed Penalty Notice (972CG) but not a CP2100 or CP2100A Notice, your annual solicitation must be made by December 31st of the year you received the Proposed Penalty Notice (972CG). However, if you already sent a B Notice in the calendar year in response to a CP2100 or CP2100A Notice, you do not have to send another solicitation in response to the proposed penalty notice. If the IRS notifies you in the next calendar year that a TIN is still incorrect, you must make a second annual solicitation within 15 business days after you receive the second CP2100 or CP2100A Notice. 21. Q… Does a CP2100 or CP2100A Notice indicate whether it is the first or second notification of an incorrect TIN for a specific account? A... No. The backup withholding regulations require that payers be responsible for tracking the status of the notices they receive. 22. Q… What is the relationship between the requirements to make an annual solicitation for a payee’s TIN and the requirements to send a “B” Notice? A... Sending a “B” Notice to a payee in response to a CP2100A or CP2100 Notice satisfies the annual solicitation requirement in order to avoid a penalty for filing an information return with an incorrect TIN. 23. Q… Why are accounts I corrected still on the listing of missing or incorrect TIN(s)? A... Due to processing cut-off points, a listing may or may not reflect your latest corrections. If you know that an account was corrected, do not send a “B” Notice to the payee. 24. Q… What should I do if a TIN was actually on file but was omitted from the Form 1099 or reported incorrectly? A... Make any required change to your records and use the correct information on future filings. Do not send a “B” Notice to the payee. 25. Q… What should I do if this is the first notification and the Form W-9 is returned with the same incorrect information? A... Keep the Form W-9 on file to show that the payee certified the Name/TIN combination. Do not backup withhold. Backup Withholding For Missing and Incorrect Name/Tin(S) 8 |
FREQUENTLY ASKED QUESTIONS 26. Q… If I don’t do business anymore with a payee, or if it was only a one-time transaction, what should I do with the “B” Notice? A... Send it and try to get the correct TIN. Also, note your records to track the notice for the “two-in-three year” rule. You will need this information if you should renew business with the payee. We require that you track these accounts for three years after the date of the first CP2100A or CP2100 Notice. Note: A “B” Notice is not required if no payments have been made to an account and no return is required for the account for one year. 27. Q… Can a sole proprietor have an SSN or does he or she need an EIN? A... A sole proprietor may have an SSN or an EIN. However, he or she must always furnish his or her individual name (on Name Line 1), regardless of whether he or she uses a SSN or an EIN. A sole proprietor may also provide a business name or Doing Business As (DBA) (on Name Line 2), but he or she must list his or her individual name first on the account with you. 28. Q… Should I backup withhold on a payee who is a nonresident alien? A... Yes. A nonresident alien is subject to backup withholding unless you have a signed Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding, on file for him or her. 29. Q… Can a Form W-9 for one account be used to correct all accounts? A... Yes, if the payer required a payee to file only one Form W-9 for all accounts or instruments of the payee. 30. Q… Can a payee be subject to backup withholding for more than one reason? A... Yes. However, backup withhold for only one reason at a time. 31. Q… How do I get an EIN? A... Complete Form SS-4, Application for Employer Identification Number. Follow “How to Apply” in the instructions for Form SS-4 to obtain an EIN by mail, telephone, or facsimile (fax). 32. Q… What form do I use to report backup withholding? A... Report backup withholding on Form 945, Annual Return of Withheld Federal Income Tax. For more information, including the deposit requirements for Form 945, see the instructions for Form 945, or Pub. 15, (Circular E), Employer’s Tax Guide. 33. Q… How is a Name/TIN mismatch identified? A... A Name/TIN combination is incorrect if it does not match, or cannot be found, on IRS or SSA files. For example, a Name/TIN mismatch occurs when an individual name is submitted with a TIN not associated with the individual name provided. A TIN is not interchangeable with different names. A business EIN must be used for a partnership, corporation, or non-disregarded Limited Liability Company (LLC). An SSN must be used with an individual name (In first name line). A Sole Proprietor must always provide his/her individual name. A Sole Proprietor may provide his/her Doing Business As (DBA) name (in second name line) in addition to the required individual name together with the matching SSN. Backup Withholding For Missing and Incorrect Name/Tin(S) 9 |
FREQUENTLY ASKED QUESTIONS 34. Q… What amount is subject to backup withholding with respect to security sales made through margin accounts? A... The amount subject to backup withholding in the case of a security sale made through a margin account is limited to the amount of cash available for withdrawal by the customer immediately after the settlement of the sale. The amount available for withdrawal by the customer does not include amounts required to satisfy margin account maintenance. If a margin call forces a customer into a sell - off, such proceeds are not subject to backup withholding. 35. Q… In what manner should a payer treat erroneously withheld tax? A... If a payer withholds from a payee in error or withholds more than the correct amount of tax, the payer may refund the amount improperly withheld. The refund must be made prior to the end of the calendar year and prior to the time the payer issues a Form 1099. If the payer has not deposited the amount of the tax prior to the time that the refund is made to the payee, the payer should not deposit the improperly withheld tax. If the improperly withheld tax has been deposited prior to the time the refund is made to the payee, the payer may adjust any subsequent deposit of tax collected, which the payer is required to make, by the amount of the tax which has been refunded to the payee. Payers may use refund alternatives only when backup withholding is the result of an error by the payer. The timely submission of requested TIN information including any verifications and/or certifications by the payee does not establish an error by the payer. Backup Withholding For Missing and Incorrect Name/Tin(S) 10 |
Part 3 |
Part 3 WHERE TO CALL FOR HELP If you have any questions about backup withholding, information reporting, Forms 1099, or the CP2100 or CP2100A Notice(s) and listing(s), you may call: Technical Services Operation Customer Service Section Telephone (866) 455-7438 (TOLL FREE) / (304) 263-8700 (not toll free) Hours 8:30 am to 4:30 pm Monday through Friday, ET Access this publication on-line at www.irs.gov/pub/irs-pdf/p1281.pdf. Backup Withholding For Missing and Incorrect Name/Tin(S) 12 |
Part 4 |
Part 4 ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS The CP2100 or CP2100A Notice includes a listing(s) of the information returns you filed that had missing, incorrect, and/or not currently issued TIN(s). You should compare the listing(s) to your records to determine which of the following required actions you must take. Missing TIN(s) We consider a TIN to be missing if it is not provided or if it is obviously incorrect. Examples are a TIN with more or less than nine digits, or with a mixture of digits and letters. For accounts with missing TIN(s), make sure backup withholding has begun and continue backup withholding until you receive a TIN. If you have not begun backup withholding, generally you must: 1. Begin backup withholding on any reportable payment you make and continue backup withholding until you receive a TIN. Remember that in some cases, the TIN must be certified. 2. Do not send a first or second “B” Notice in response to the CP2100 or CP2100A Notice. However, in order to avoid a penalty for filing an information return that omitted the payee’s TIN, you must make a first annual solicitation for the TIN (generally by December 31 of the year in which the account is opened) and if a TIN is still not received make a second annual solicitation by December 31 of the following year. No annual solici- tations are required in the years in which no reported payments are made. 3. Report amounts withheld on Form 945, Annual Return of Withheld Federal Income Tax, and make the required deposits. Note: Generally, you must obtain a TIN from a payee even for a “one-time” transaction. If you do not, the law allows us to charge a penalty. Publication 1586, Reasonable Cause Regulations and Requirements for Missing and Incorrect Name/TIN(s), has information on removing or reducing penalties due to reasonable cause. Note: If you inadvertently did not include the TIN on the information return, do not contact the payee. Include the TIN on any future information returns filed. Incorrect Name/TIN Combinations (including not currently issued TINs) A Name/TIN combination is incorrect if it does not match or cannot be found on IRS or SSA files. You must follow different procedures depending on whether information on the listing(s) agrees or disagrees with you business records. Compare the listing(s) with your records and take the following actions: For account information that does not agree, check to see if you put the incorrect information on the return, if the information changed after you filed the return, or if the IRS misprinted the information when processing the return. In these situations, do not write to the IRS. However: 1. If you reported the incorrect information on the return, correct your records and include that information on any future information returns you file. Do not send a “B” Notice to the payee. Do not send the correction to the IRS. 2. If the information changed after you filed the return, include that information on any future information returns you file. Do not send a “B” Notice to the payee. Do not send the correction to the IRS. 3. If the IRS misprinted your information, make a note of it in your records and do not take any action. Do not send the correction to the IRS. Backup Withholding For Missing and Incorrect Name/Tin(S) 14 |
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS For account information that agrees with your records, determine whether this is the first or second time, within three calendar years, that we have notified you about an incorrect Name/TIN combination. Your first notification of an incorrect Name/TIN combination occurs when the payee TIN appears for the first time on the listing we send you. The second notification of an incorrect Name/TIN combination is when the same payee TIN appears for the second time within three calendar years on the listing. Note: The 60-day exemption from backup withholding on presentation of an awaiting - TIN certificate applies only to interest and dividend payments, and certain payments made with respect to readily tradable instruments. Any other reportable payment, such as non-employee compensation, is subject to backup withholding immediately, even if the payee has applied for and is awaiting a TIN. Upon presentation of an awaiting TIN certificate, the payee must certify under penalties of perjury that he/she is not currently subject to backup withholding. First “B” Notice 1. Send the First “B” Notice, Form W-9, and an optional reply envelope to the payee within 15 business days from the date of the CP2100/CP2100A Notice or the date you received it (whichever is later). Date the “B” Notice no later than 30 business days after the date of the CP2100/CP2100A Notice or the date you received it (whichever is later). The outer mailing envelope must be clearly marked “IMPORTANT TAX INFORMATION ENCLOSED” or “IMPORTANT TAX RETURN DOCUMENT ENCLOSED.” 2. Make sure that necessary information such as the date, account number, and BWH rate are on the “B” Notice before mailing it to the payee. If you do not include the optional reply envelope be sure to provide return address information in your mailing. 3. Update your records with the corrected information you receive from the payee and include it on any future information returns you file. Do not send the signed Form W-9 to the IRS. 4. Begin backup withholding on payments made to payees who do not return a signed Form W-9 in response to the First “B” Notice, no later than 30 business days after the date of the CP2100/CP2100A Notice or the date you received it (whichever is later). However, you may begin backup withholding the day after the date you receive the CP2100 Notice. Stop backup withholding no later than 30 calendar days after you receive the signed Form W-9 from the payee. You may stop backup withholding any time within that 30 calendar day period. Note: Do not file a corrected Information Return unless you are also making a change to the dollar amount reported on a Form 1099. Note: It is your responsibility to send the appropriate “B” Notice to the payee, when required, to obtain the correct Name/TIN. This information may not be solicited by telephone. You need a TIN that the payee certifies as correct on Form W-9 in order to stop current backup withholding or prevent backup withholding from starting. Second “B” Notice 1. Send the Second “B” Notice and an optional reply envelope to the payee within 15 business days after the date of the CP2100/CP2100A Notice or the date you received it (whichever is later). Date the “B” notice no later than 30 business days after the date of the CP2100/CP2100A Notice or the date you received it (whichever is later). Do not send a Form W-9. The outer mailing envelope must be clearly marked “IMPORTANT TAX INFORMATION ENCLOSED” or “IMPORTANT TAX RETURN DOCUMENT ENCLOSED.” Backup Withholding For Missing and Incorrect Name/Tin(S) 15 |
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS 2. An individual payee must provide the payor with a copy of a Social Security card with his or her correct name and SSN. Payors may rely upon a Social Security card as being correct only if the name and SSN combination appearing on the card differ from the name and SSN combination appearing on the second B notice, or if there is a date appearing on the Social Security card that is no earlier than six months prior to the date of the second B notice. If the TIN is an EIN, the payee must contact the IRS to get his or her employer identification number validated on the IRS Letter 147C. A “Letter 685C” is requested from the IRS by the payee to validate an ITIN. The payee then sends a copy of the “Letter 685C” received from the IRS to the Payer. A “Letter 096C” is requested by the payee from the IRS to validate an ATIN. The payee then sends a copy of the “Letter 096C” received from the IRS to the payer. 3. Allow 30 business days after the date of the Second “B” Notice to receive a copy of a Social Security card described in paragraph 2 or Letter 147C from the payee. Begin backup withholding on payments made to the payee if you do not receive a copy of a Social Security card or Letter 147C by the 30th business day. You may, at your option, begin backup withholding anytime during the 30 business day period. You must continue to backup withhold until you receive the validation. Stop backup withholding no later than 30 days after you receive the required validation. You may stop backup withholding anytime within the 30 calendar day period after receiving validation. Note: You are not required to file a corrected Information Return unless you are also making a change to the dollar amount reported on Form 1099. Note: It is your responsibility to send the appropriate “B” notice to the payee, when required, to solicit the correct Name/TIN. This information may not be solicited by telephone. You need a TIN validation (IRS Letter 147C or a copy of a Social Security cardas appropriate) in order to stop current backup withholding or prevent backup withholding from starting. Third and Subsequent Notices Generally, you may ignore a third or subsequent notice of missing or incorrect TIN(s) if you completed the actions for the First and Second “B” Notices and the incorrect payee name and TIN combination and account number remain the same. However, if the CP2100/CP2100A Notice and listing(s) relate to the same payee, but with a different Name/TIN combination than on the “first” and “second” notice, you must treat the notice as a “first” notice. Backup Withholding For Missing and Incorrect Name/Tin(S) 16 |
Part 5 |
Part 5 ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS This section provides an overview of the IRS matching process and the development of name controls. The information returns you file must include a correct Name/TIN combination to allow us to match the information reported against the income included on the payee’s income tax return. We check whether a Name/ TIN combination is correct by matching it against a file containing all social security numbers (SSNs) issued by SSA or against a file containing all employer identification numbers (EINs) issued by IRS. Then we compare the name control on the payee document (if provided) to the name control on file. If a name control is not provided, we develop it from the name(s) provided on the first two name lines (up to 40 characters for each name line including spaces) of the information return. If we can match a provided name or a developed name control to the name control in our records, we consider it correct. If no match is found using this process, we consider the Name/TIN combination to be incorrect. The chart on the back of Form W-9 has information for payees about “What Name and Number to Give the Requester” of Form W-9. Name Controls A name control consists of up to four characters. To help ensure that the Name/TIN combination for an account matches the Name/TIN combination on IRS and SSA files, use the following information when you open an account for a payee. Individuals We develop a name control for an individual from the last name on the information return. For example: Ralph Teak; Dorothy Willow; Joe McCedar If an individual has a hyphenated last name, we develop the name control from the first of the two last names. For example: Joan Cedar-Hawthorn; Victoria Windsor-Maple For joint accounts, regardless of whether the payees use the same or different last names, we develop the name control from the primary payee’s last name. For example: Joseph Ash & Linda Birch; Edward & Joan Maple Reminder: If a payee has changed his or her last name, for instance, due to marriage, he or she needs to inform the Social Security Administration (SSA) of the name change. Hint: On name line one of the Form 1099, a payer should enter the payee’s first name and new last name (if the change has been made with SSA), or the payee’s first name, former last name, and new last name (if the change has not been made with SSA). Sole Proprietors We generally develop the name control (first name line) from the last name on the information return. For example: Mark Hemlock; The Sunshine Cafe; Karen Birch; Ace Computer Co. Backup Withholding For Missing and Incorrect Name/Tin(S) 18 |
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS Hint: Payers may enter a sole proprietor’s business, trade, or “doing business as” name on the second name line of the information return. However, the individual name must be provided on the first name line. When individual name is provided on the first name line as shown above, the Sole Proprietor can provide either SSN or EIN (TIN) information. Estates We develop the name control for a decedent’s estate from the decedent’s name on the first name line on the information return. The decedent’s name may be followed by the word “Estate.” (The TIN should be the one that was assigned to the estate.) For example: Frank White Estate Alan Greene, Exec Estate of Frank White John Black, Exec Trusts and Fiduciaries We generally develop the name control for a trust or fiduciary account from the name of the person in whose name the trust or fiduciary account was established. For example: Jonathan Periwinkle Irrevocable Trust FBO Patrick Redwood Chestnut Bank, Trustee Memory Church Endowment Trust John Waxbean, Trustee Partnerships We develop the name control for a partnership from the trade or business name of the partnership; if there is not any, we develop the name control from the last name of the first partner listed on the original Form SS-4 (which was used to apply for the EIN). For example: (The) Oak Tree A.S. Greene, K.L. Black & O.H. Brown, Ptrs. Bob Orange & Carol Black, et al Ptrs. d.b.a. The Merry Go Round E.F. Brown, M.S. White & T.J. Green, Ptrs. The Brown & White Company Other Organizations We develop the name control for other organizations from the entity’s name on the original Form SS-4 (which was used to apply for the EIN). St Bernard’s Methodist Church Building Fund for St. Bernard’s Church ABC Company Main Street Store NOTE: Extraneous words, titles, and special characters (i.e., Mr., Mrs., Dr., and apostrophes, etc.), may be dropped during the development of name controls. For example, we dropped the period in St. Bernard’s Methodist Church. Backup Withholding For Missing and Incorrect Name/Tin(S) 19 |
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS First B Notice IMPORTANT TAX NOTICE ACTION IS REQUIRED Backup Withholding Warning! WE NEED A FORM W-9 FROM YOU BEFORE: _______________________. Otherwise; backup withholding will begin on Account Number Current Name on Account Current TIN on Account The Internal Revenue Service (IRS) has notified us that the taxpayer identification number (TIN) on your account with us does not match its records. The IRS considers a TIN as incorrect if either the name or number shown on an account does not match a name and number combination in their files or the files of the Social Security Administration (SSA). If you do not take appropriate action to help us correct this problem before the date shown above, the law requires us to backup withhold on interest, dividends, and certain other payments that we make to your account. The backup withholding rate is: __ [set forth rates/dates] In addition to backup withholding, you may be subject to a $50 penalty by the IRS for failing to give us your correct Name/ TIN combination. This notice tells you how to help us make your account records accurate and how to avoid backup withholding and the penalty. Why Your TIN May Be Considered As Incorrect. An individual’s TIN is his or her social security number (SSN). Often a TIN does not match IRS records because a name has changed through marriage, divorce, adoption, etc., and the change has not been reported to SSA, so it has not been recorded in SSA’s files. Sometimes an account or transaction may not contain the correct SSN of the actual owner. For example, an account in a child’s name may reflect a parent’s SSN. (An account should be in the name and SSN of the actual owner.) What You Need To Do for Individuals If you have never been assigned a social security number (or if you lost your social security card and do not know your SSN), call your local SSA office and find out how to obtain an original (or a replacement) social security card. Then apply for it. If you already have a social security number: Compare the name and SSN on your account with us (shown at the beginning of this notice) with the name and SSN shown on your social security card. Then use the chart on the next page to decide what action to take. IF THEN 1. The last name and SSN on your account 1. Contact your local SSA office to ascertain agree with the last name and SSN on whether the information on SSA’s your social security card records is different from that on your social security card, and to resolve any problem. Also, put your name and SSN on the enclosed Form W-9 following the instructions on the form. Sign the Form W-9 and send it to us. Backup Withholding For Missing and Incorrect Name/Tin(S) 20 |
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS IF THEN 2. The SSN on your account is different from 2. Put your name and SSN, as shown on the SSN on your social security card, but your social security card, on the enclosed the last name is the same Form W-9, following the instructions on the form, sign it, and send it to us. You do not need to contact SSA. 3. The last name on your account is different 3. Take one of the following steps (but not from the last name on your social security both): card, but the SSN is the same on both a) If the last name on your account is correct, contact SSA to correct the name on your social security card. Put your SSN and name shown on your account on the enclosed Form W-9 following the instructions on the form, sign it, and send it to us. However, if you are not able to contact SSA at this time, you can provide us with both last names. Put your SSN and the name shown on your social security card plus the last name shown on your account (in that order) on the enclosed Form W-9 following the instructions on the form, sign it, and return it to us. For example, if your social security card lists your maiden name, give us your SSN and your name in the following order: First/ maiden/married name. Please note, however, that you should contact SSA as soon as possible so they can correct their records. b) If the last name on your social security card is correct, put that name and your SSN on the enclosed Form W-9 following the instructions on the form. Sign it, and return it to us. You do not need to contact SSA. Backup Withholding For Missing and Incorrect Name/Tin(S) 21 |
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS IF THEN 4. Both the last name and SSN on your 4. Take one of the following steps (but not account are different from the last name both): and SSN on your social security card a) If the last name and SSN on your social security card are correct, put that name and SSN on the enclosed Form W-9 following the instructions on the form. Sign it, and send it to us. You do not need to contact SSA. b) If the last name on your account and the SSN on your social security card are correct, follow the procedure in section 3(a) above. Be sure to put the name shown on your account and the name on your social security card on the Form W-9. Once you have resolved what your correct name and TIN combination is, you must provide this information to us (and all your other payors) for all of your accounts to avoid a problem in the future. If you are required to visit an SSA office, take this notice, your social security card, and any other related documents with you. Information regarding what documentation is needed to update information with the Social Security Administration is available at ssa.gov. Instructions for Non-individuals and Certain Sole Proprietors For most non-individuals (such as trusts, estates, partnerships, and similar entities), the TIN is the employer identification number (EIN). The EIN on your account may be incorrect because it does not contain the number of the actual owner of the account. For example, an account of an investment club or bowling league should reflect the organization’s own EIN and name, rather than the SSN of a member. Please put the name and EIN on the enclosed Form W-9, sign it, and send it to us. A sole proprietor must furnish his or her individual name and either his or her SSN or the EIN for his or her sole proprietorship. In addition to his or her individual name, the sole proprietor may also furnish the business name for the sole proprietorship, provided his or her individual name is listed before the business name. A sole proprietor must not furnish only the business name. Please put the individual name and SSN or EIN on the enclosed Form W-9, sign it, and send it to us. Important Reminder! You must send us a signed IRS Form W-9 before the due date of this notice even if the name and number (SSN or EIN) on your account with us match the name and number (SSN or EIN) on your social security card or the document issuing you an EIN. If we do not receive your Form W-9, and any other documents that we need to change the name or TIN (or both) on your account before the date of this notice, we are required by law to backup withhold on any reportable payment that we pay to your account until we receive the necessary documents. A Form W-9 is enclosed for your convenience, as well as any additional documents allowing us to change the Name/TIN combination on your account. Backup Withholding For Missing and Incorrect Name/Tin(S) 22 |
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS Second B Notice IMPORTANT TAX NOTICE ACTION IS REQUIRED Second Backup Withholding Warning! YOU MUST HAVE THE IRS OR SSA VALIDATE YOUR TAXPAYER IDENTIFICATION NUMBER AND RETURN IT TO US BY: ________________________________. Otherwise, backup withholding will begin. Account Number Current Name on Account Current TIN on Account We have received notice from the Internal Revenue Service (IRS) twice within 3 years stating that the combination of the name and taxpayer identification number (Name/TIN combination) on your account with us is incorrect. (Your account number, current name on the account, and current taxpayer identification number (TIN) on the account are shown above.) A Name/TIN combination is incorrect if it does not match a Name/TIN combination shown on the records of the Social Security Administration (SSA) or the IRS. You should follow the instructions below to correct this problem and send the corrected information to us before the date shown above. If we do not have the correct information before that date, the law requires us to backup withhold on interest, dividends, and certain other payments that we make to your account. The backup withholding rate is: __ [set forth rates/dates] Section 3406 of the Internal Revenue Code requires that we withhold a predetermined percent in tax, called backup withholding, when you do not give us your correct Name/TIN combination. Because of the notices we received from the IRS, we are now required to disregard any future Name/TIN combinations you furnish us for your account (whether or not you certify your TIN under penalties of perjury) unless SSA (or, in the case of an incorrect employer identification number, the IRS) validates your Name/TIN combination. Also, the IRS may charge you a $50 penalty for failing to provide us with your correct Name/TIN combination. What You Need To Do Follow the instructions below to correct your account record to avoid backup withholding on your account (or to stop it once it has begun) and to avoid the penalty. Individuals Instructions for Incorrect Social Security Numbers If the incorrect TIN you furnished us is a social security number, you must: 1. Provide us with a copy of your Social Security card. The social security card must show your correct name/SSN combination that differs from the name and SSN combination appearing on this notice or it must show a date of issuance that is no earlier than six months prior to the date on this notice. Send the copy directly to us with a copy of this notice attached. 2. If you do not have a card meeting the requirement in item 1, you must apply for a Social Security card by submitting SSA Form SS-5 to the SSA in person or by mail. That form and further information regarding application for a Social Security card is available at ssa.gov. 3. In addition to the required identifying information for obtaining a Social Security card, give a copy of this notice to the SSA. 4. Allow 7-10 business days for receipt of your Social Security card. 5. Once you receive your Social Security card, make a copy of the card and send the copy directly to us with a copy of this notice attached. Backup Withholding For Missing and Incorrect Name/Tin(S) 23 |
ACTIONS FOR MISSING TIN(S) AND INCORRECT NAME/TIN COMBINATIONS Non- individuals or Certain Sole Proprietors Instructions for Incorrect Employer Identification Numbers If the incorrect TIN you furnished is an employer identification number, you must: 1. Write the Internal Revenue Service Center where you file your income tax return, and ask the IRS to send you a Letter 147C; 2. Enclose a copy of this notice in your letter to the Internal Revenue Service Center; and 3. When the IRS sends you the Letter 147C, send it to us with a copy of this notice attached. Note: Internal Revenue Service Center address information can be found at www.irs.gov. Backup Withholding For Missing and Incorrect Name/Tin(S) 24 |
Part 6 |
Part 6 FLOW CHART PART 6. FLOWFLOWCHARTINGCHARTPart 6. FLOWCHARTSFOR INCORRECT NAME/TINs FLOWCHARTING FOR INCORRECT NAMES/TINs FLOWCHARTING for INCORRECT NAME/TINs Does the This is the Name/TIN and the second Incorrect account number on YES Is this the rst NO noti cation Name/TIN the notice match noti cation? within a three your records? year period. NO YES Send the rst Send the Is the mismatch due YES No action B-Notice with second to IRS processing? required. Form W-9 to B-Notice to the payee. the payee. NO Mismatch due to record Did the Did the payee payee return Is the mismatch update. return a certi ed a copy of his or her due to an error in NO W-9 within 30 Social Security card OR a 147C within 30 your submission? No action business days? business required. days? YES NO YES NO YES Correct your records if necessary. Update your Begin backup Begin backup records with withholdiing Update your withholdiing the certi ed within/by 30 records within/by 30 Name/TIN. business days. business days. Stop backup withholding if already begun. 20 Backup Withholding For Missing and Incorrect Name/Tin(S) 26 |
FLOW CHART FLOWCHARTING FOR MISSING TINs FLOWCHARTINGFLOWCHARTINGfor MISSINGFOR MISSINGTINsTINs Continue to Is the missing TIN Are you backup backup Missing TIN due to an error in NO withholding on the YES withhold until your submission? account? a TIN is received. YES NO Correct your records if Begin backup necessary. withholding. Annual solicitation Remit backup request for TIN, withholding on remit backup Form 945. withholding on NO Have you YES Did you receive a NO Continue to Form 945. requested a TIN? response? backup Continue to withhold until backup withhold a TIN is until a TIN is received. received. YES Make annual Update your solicitations records and for TIN as STOP backup required to withholding. avoid penalty. Note -The EIN of the filer of forms W-2G, 1099-B, 1099-DIV, 1099-G, 1099-INT, 1099-K, 1099-MISC, 1099-NEC, 1099-OID, or 1099-PATR must match the EIN of the filer of Form 945, Annual Return of Withheld Federal Income Tax. Note: The EIN of the filer of forms W-2G, 1099-B, 1099-DIV, 1099-G, 1099-INT, 1099-K, 1099-MISC, 1099-NEC, 1099-OID, or 1099-PATR must match the EIN of the filer of Form 945, Annual Return of Withheld Federal Income Tax. 21 Backup Withholding For Missing and Incorrect Name/Tin(S) 27 |
Part 7 |
Part 7 NAME COMPRESSION SPECIFICATIONS FOR “B” NOTICE TAPE CARTRIDGES Use the following information to standardize the entity information on your computer program/system so that it is the same as the entity information on the “B” Notice cartridges we send to you: Payee Name Line 1 ■ Blank out or eliminate all special characters on this line except ampersands (&), dashes (-) and commas (,). ■ For each position on this line, if a character is not an alpha, numeric, blank, ampersand, dash, or comma, change it to a blank. Exception: apostrophes (‘) should be eliminated (instead of being changed to a blank) i.e. O’Hanlon should be OHanlon Payee Name Line 2 ■ Blank out or eliminate all special characters on this line except ampersands, dashes, and percentage symbols (%). ■ For each position on this line, if a character is not an alpha, numeric, blank, ampersand, dash, or percentage symbol, change it to a blank. Exception: apostrophes should be eliminated (instead of being changed to a blank). Street Address ■ Blank out all special characters on this line except ampersands, dashes, and percentage symbols. ■ For each position on this line, if a character is not an alpha, numeric, blank, ampersand, dash, or percentage symbol, change it to a blank. City ■ Blank out all special characters on this line except ampersands and dashes. ■ For each position on this line, if a character is not an alpha, numeric, blank, ampersand or dash, change it to a blank. Squeeze-and-Left Justify We use this command to search for groups of leading blanks and intervening blanks in each payee entity line (payee name lines 1, 2, street address, and city) and remove them. It also left-justifies each line. Therefore, For each entity line: 1. eliminate all leading blanks, 2) if two or more blanks in a row are followed by significant data, eliminate all but one blank and 3) blank fill trailing positions left on the line. Foreign Addresses Forms 1099 filed on tape cartridge, or electronically, undergo the following processing. If the FOREIGN-COUNTRY-INDICATOR is equal to “1” THEN: ■ set the STATE CODE to “.” (Note: this code has two positions, the first is a period and the second is a blank) and ■ set the ZIP code to “00000”. Backup Withholding For Missing and Incorrect Name/Tin(S) 29 |
Part 8 |
Part 8 INSTRUCTIONS FOR READING TAPE CARTRIDGES General A tape cartridge file will have the following characteristics: a) 18 channel Standard Label/EBCDIC with: (a) odd parity and (b) a density of 1600 BPI. b) Tape cartridges will be ½ -inch tape contained in plastic cartridges which are approximately 4-inches by 5 -inches by 1 -inch in dimension. Magnetic tape will be chromium dioxide particle based ½ -inch tape. c) Tape cartridges are 3480 compatible (a) Contain 37,871 CPI d) Tape thickness - 1.0 or 1.5 mils Record Length A tape will be blocked in groups of 20 records, subject to the following: a) a record will be 208 tape positions, b) all records except the Header and Trailer Labels will be blocked, c) a block will be 4,160 tape positions, and d) in the event of a short block (less than 20 records), all remaining positions will be filled in with 9s. Tape Marking Conventions Header Label: a) Standard headers will be used. They will be marked VOL1, HDR1, HDR2. 2. The HDR1 record will contain the Data Set Name “O4061211.” 3. This record will be 80 positions long. Trailer Label: a) Standard trailer labels will be used. They will begin with EOR1, EOR2, EOF1 or EOF2. b) This label will be 80 positions long. Tape Marks: a) Tape marks are used to signify the physical end of the recording on the tape. b) They follow the header label, and precede and follow the trailer label. External Label: A label marked with the Data Set Name “O4061211” will be put on the cartridge(s). Backup Withholding For Missing and Incorrect Name/Tin(S) 31 |
INSTRUCTIONS FOR READING TAPE CARTRIDGES PAYER “A” RECORD TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS 1 RECORD TYPE 1 An “a” will be entered Number used by the irs to group a payer’s 2-16 ACCESS KEY 15 information return transmittals. Two digit service center codes: Brookhaven 19 Cincinnati 17 17-18 SERVICE CENTER 2 Memphis 49 Ogden 29 Philadelphia 28 19-27 PAYER’S EIN 9 The nine digit number assigned by the irs. 28-67 PAYER’S NAME 40 Self-explanatory. The number of information returns with NUMBER OF 68-75 8 missing and incorrect tins associated with this DOCUMENTS payer. It will be right justified and zero filled. The number of documents sent to the payer with a bwh-tin-status-indequal to “1” (see 76-83 BWH TIN STATUS 1 CNT 8 payer “b” record). It will be right justified and zero filled. The number of documents sent to the payer with a bwh-tin-status-ind equal to “2” (see 84-91 BWH TIN STATUS 2 CNT 8 payer “b” record). It will be right justified and zero filled. The number of documents sent to the payer with a bwh-tin-status-ind equal to “3” (see 92-99 BWH TIN STATUS 3 CNT 8 payer “b” record). It will be right justified and zero filled. 100 FILLER 1 Blank filled 101-104 TAX YEAR 4 Tax year documents were submitted 105-208 FILLER 104 Blank filled Backup Withholding For Missing and Incorrect Name/Tin(S) 32 |
INSTRUCTIONS FOR READING TAPE CARTRIDGES PAYER “B” RECORD TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS 1 RECORD TYPE 1 A “b” will be entered 2-10 TIN 9 The payee’s tin “1” Missing tin “2” not currently issued tin “3” 11 BWH TIN STATUS 1 incorrect name/tin 12-16 TCC 5 Transmitter control code “10” = Form 1099-k “79” = form 1099-b “91” = form 1099-g “86” = form 1099-div “92” = 17-18 DOC TYPE 2 form 1099-int “95” = form 1099-misc “96” = form 1099-oid “97” = form 1099-patr “71” = form 1099-nec 19-38 ACCOUNT NUMBER 20 Payee’s account number from payer 39-78 NAME LINE 1 40 Payee’s name line 1 79-118 NAME LINE 2 40 Payee’s name line 2 119-158 STREET ADDRESS 40 Payee’s street address 159-188 CITY 30 Payee’s city 189-190 STATE CODE 2 Payee’s state code 191-195 ZIP CODE 5 Payee’s zip code “1” = Payer indicated ein 196 TIN INDICATOR 1 “2” = Payer indicated ssn “0” = No tin indicated 197-200 PAYER OFFICE CODE 4 Alphanumeric 201-208 SEQUENCE NUMBER 8 Sequence number within payer Backup Withholding For Missing and Incorrect Name/Tin(S) 33 |
INSTRUCTIONS FOR READING TAPE CARTRIDGES PAYER “C” RECORD TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS 1 RECORD TYPE 1 A “c” will be entered Counts as described in positions 68-99 of the 2-33 RECORD COUNTS 32 payer “a” record 34-208 FILLER 175 Blank filled Backup Withholding For Missing and Incorrect Name/Tin(S) 34 |
Part 9 |
Part 9 CD/DVD Information CD/DVD Information If you have 250 to 100,000 incorrect payee “B” records, your data will be on a CD. If you have over 100,000 payee “B” records then your data will be delivered on a DVD. Please make sure you have the correct type of reader. Many older readers only read CDs. The enclosed CD/DVD is encrypted. You should be able to read it by putting it into a CD/DVD reader on your computer. If you have the “Auto-Run” feature turned on, the system should bring up a pop-up window asking you to: Please contact the IRS at 1-866-455-7438 to receive your encryption key. International callers may dial 304-263-8700. Have the following information available when calling: TIN, company name, primary or secondary contact and self assigned PIN number. This encryption key will be needed to unlock your CD/DVD. If you do not have “Auto-Run” turned on, you won’t see the pop-up window. Contact the IRS at 1-866-455- 7438 to receive your encryption key. International callers may dial 304-263-8700. Please have the following information available when calling: TIN, company name, primary or secondary contact and self assigned PIN number. You should have filled out Form 10301 and returned it to the IRS. This form tells the IRS the self selected PIN that you would like to use. When you view the CD/DVD there should be one file named “UDnnnn”**. This file will be an .exe file. When you double-click on the file a box will open asking for your encryption key. Put in your encryption key, click “OK” the next screen will ask you to browse the folder tree and select to where you want to extract the files. Click on “OK” and the files are extracted. Please make sure to keep tax data secure. On the CD/DVD please find the files described below: I40642.UAnnnn ** is the Payer A-Record file. 114 Characters. I40642.UBnnnn ** is all the Incorrect Payee B-Records. Each 222 Characters. I40642.UCnnnn ** is the Payer C-Record file. 37 Characters. A Copy of Publication 1281. ** nnnn is the CD/DVD transmittal number. Each file record layout is described below. These files are .txt files; So if you read them with Note Pad, word processing software, etc. you will see the Pipe Codes “|” as separate characters between each field. If you open the file with Excel, you can read it as a delimited file set the delimiters as pipes “|”. You then will see the file laid out without the Pipe Codes “|”, just like Cartridges of past years. Be careful to set or convert fields to text so that leading zeros are not truncated or blanked out. The IRS hopes this new delivery method meets most of your requests to move away from the tape cartridges. Backup Withholding For Missing and Incorrect Name/Tin(S) 36 |
CD/DVD INFORMATION PAYER “A” RECORD POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS 1 RECORD TYPE 1 An “a” will be entered 2 PIPE CODE 1 “|” Number used by the irs to group a payer’s 3-17 ACCESS KEY 15 information return transmittal 18 PIPE CODE 1 “|” Two digit service campus code Brookhaven=19 Cincinnati = 17 19-20 SERVICE CAMPUS 2 Memphis = 49 Ogden = 29 Philadelphia = 28 21 PIPE CODE 1 “|” 22-30 PAYER’S TIN 9 The nine digit number assigned by the irs 31 PIPE CODE 1 “|” 32-71 PAYER’S NAME 40 Self-explanatory 72 PIPE CODE 1 “|” The number of information returns with NUMBER OF 73-80 8 missing and incorrect tins associated with this DOCUMENTS payer. It will be right justified and zero filled 81 PIPE CODE 1 “|” The number of documents sent to the payer with a bwh-tin-status-ind equal to “1” (see 82-89 BWH TIN STATUS 1 CNT 8 payer “b” record). It will be right justified and zero filled 90 PIPE CODE 1 “|” The number of documents sent to the payer with a bwh-tin-status-ind equal to “2” (see 91-98 BWH TIN STATUS 2 CNT 8 payer “b” record) it will be right justified and zero filled. Backup Withholding For Missing and Incorrect Name/Tin(S) 37 |
CD/DVD INFORMATION POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS 99 PIPE CODE 1 “|” The number of documents sent to the payer with a bwh-tin-status-ind equal to “3” (see 100-107 BWH TIN STATUS 3 CNT 8 payer “b” record) it will be right justified and zero filled. 108 PIPE CODE 1 “|” 109 FILLER 1 BLANK FILLED 110 PIPE CODE 1 “|” 111-114 TAX YEAR 4 TAX YEAR DOCUMENTS WERE SUBMITTED Backup Withholding For Missing and Incorrect Name/Tin(S) 38 |
CD/DVD INFORMATION PAYER “B” RECORD TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS 1 RECORD TYPE 1 A “b” will be entered 2 PIPE CODE 1 “|” 3-11 TIN 9 The payee’s tin 12 PIPE CODE 1 “|” “1” Missing tin “2” not currently issued “3” 13 BWH TIN STATUS 1 incorrect name/tin 14 PIPE CODE 1 “|” 15-19 TCC 5 Transmitter control code 20 PIPE CODE 1 “|” Backup Withholding For Missing and Incorrect Name/Tin(S) 39 |
CD/DVD INFORMATION TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS “02” = Form 1042-s “10” = Form 1099-k “21” = Form w-2 “27” = Form 5498s “28” = Form 5498s “31” = Form 1099-q “32” = Form w2-g “71” = Form 1099-h (through tax year 2019) “71” = Form 1099-nec (tax year 2020 and later) “72” = Form 5498-esa “73” = Form 1099-cap “75” = Form 1099-s “79” = Form 1099-b 21-22 DOC TYPE 2 “80” = Form 1099-a “81” = Form 1098 “83” = Form 1098-t “84” = Form 1098-e “85” = Form 1099-c “86” = Form 1099-g “91” = Form 1099-div “92” = Form 1099-int “93” = Form 1099-ltc “94” = Form 1099-sa “95” = Form 1099-misc “96” = Form 1099-oid “97” = Form 1099-patr “98” = Form 1099-r 23 PIPE CODE 1 “|” 24-43 ACCOUNT NUMBER 20 Payee’s account number from payer 44 PIPE CODE 1 “|” 45-84 NAME LINE 40 Payee’s name line 1 85 PIPE CODE 1 “|” 86-125 NAME LINE 40 Payee’s name line 2 Backup Withholding For Missing and Incorrect Name/Tin(S) 40 |
CD/DVD INFORMATION TAPE POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS 126 PIPE CODE 1 “|” 127-166 STR. ADDRESS 40 Payee’s street address 167 PIPE CODE 1 “|” 168-197 CITY 30 Payee’s city 198 PIPE CODE 1 “|” 199-200 STATE CODE 2 Payee’s state code 201 PIPE CODE 1 “|” 202-206 ZIP CODE 5 Payee’s zip code 207 PIPE CODE 1 “|” “1” = Payer indicated ein “2” = payer 208 TIN INDICATOR 1 indicated ssn “0” = no tin indicated 209 PIPE CODE 1 “|” 210-213 PAYER OFFICE CODE 4 Blank filled 214 PIPE CODE 1 “|” Number of the record as it appeared in your 215-222 SEQUENCE 8 file Backup Withholding For Missing and Incorrect Name/Tin(S) 41 |
CD/DVD INFORMATION PAYER “C” RECORD POSITION FIELD TITLE LENGTH DESCRIPTION AND REMARKS 1 RECORD TYPE 1 A “c” will be entered 2 PIPE CODE 1 “|” The number of information returns with NUMBER OF 3-10 8 missing and incorrect tins associated with this DOCUMENTS payer. It will be right justified and zero filled 11 PIPE CODE 1 “|” The number of documents sent to the payer with a bwh-tin-status-ind equal to “1” (see 12-19 BWH TIN STATUS 1 CNT 8 payer “b” record). It will be right justified and zero filled 20 PIPE CODE 1 “|” The number of documents sent to the payer with a bwh-tin-status-ind equal to “2” (see 21-28 BWH TIN STATUS 2 CNT 8 payer “b” record) it will be right justified and zero filled 29 PIPE CODE 1 “|” The number of documents sent to the payer with a bwh-tin-status-ind equal to “3” (see 30-37 BWH TIN STATUS 3 CNT 8 payer “b” record) it will be right justified and zero filled. Backup Withholding For Missing and Incorrect Name/Tin(S) 42 |
Part 10 |
Part 10 OTHER FORMS Instructions for the Requester of Form W-9 ■ Form W-9, Request for Taxpayer Identification Number and Certification Instructions for the Requester of Forms W-8BEN,W-8BEN-E,W-8ECI W-8EXP, and W-8IMY ■ Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding ■ Form W-8BEN-E, Certificate of Entities Status of Beneficial Owner for United States Tax Withholding (Entities) ■ Form W-8ECI, Certificate of Foreign Person’s Claim for Exemption From Withholding on Income Effectively Connected With the Conduct of a Trade or Business in the United States ■ Form W-8EXP, Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding ■ Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding Backup Withholding For Missing and Incorrect Name/Tin(S) 44 |
Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ons/IW-9/201810/A/XML/Cycle04/source (Init. & Date) _______ Page 1 of 4 10:45 - 25-Sep-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for the Requester of Form W-9 (Rev. October 2018) Request for Taxpayer Identification Number and Certification Section references are to the Internal Revenue Code unless partnership's effectively connected income. For more otherwise noted. information, see Regulations section 1.1446-1. A participating foreign financial institution (PFFI) should Future Developments request Form W-9 from an account holder that is a U.S. person. If an account is jointly held, the PFFI should request a Form W-9 For the latest developments related to Form W-9 and its from each holder that is a U.S. person. instructions, such as legislation enacted after they were published, go to IRS.gov/FormW9. Advise foreign persons to use the appropriate Form W-8 or Form 8233, Exemption From Withholding on Compensation for What’s New Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual. See Pub. 515, Withholding of Tax Backup withholding rate. The backup withholding rate is 24% on Nonresident Aliens and Foreign Entities, for more information for reportable payments. and a list of the W-8 forms. Reminders Electronic Submission of Forms W-9 Requesters may establish a system for payees and payees' FATCA and backup withholding exemptions. FATCA agents to submit Forms W-9 electronically, including by fax. A requires a participating foreign financial institution to report all requester is anyone required to file an information return. A U.S. account holders that are specified U.S. persons. Form W-9 payee is anyone required to provide a taxpayer identification has an Exemptions box on the front of the form that includes number (TIN) to the requester. entry for the Exempt payee code (if any) and Exemption from FATCA Reporting Code (if any). The references for the Payee's agent. A payee's agent can be an investment advisor appropriate codes are in the Exemptions section of Form W-9, (corporation, partnership, or individual) or an introducing broker. and in the Payees Exempt From Backup Withholding and An investment advisor must be registered with the Securities Payees and Account Holders Exempt From FATCA Reporting and Exchange Commission (SEC) under the Investment sections of these instructions. Advisers Act of 1940. The introducing broker is a broker-dealer that is regulated by the SEC and the National Association of The Certification section in Part II of Form W-9 includes Securities Dealers, Inc., and that is not a payer. Except for a certification relating to FATCA reporting. broker who acts as a payee's agent for “readily tradable Backup withholding liability. If you do not collect backup instruments,” the advisor or broker must show in writing to the withholding from affected payees as required, you may become payer that the payee authorized the advisor or broker to transmit liable for any uncollected amount. the Form W-9 to the payer. TIN matching e-services. The IRS website offers TIN Electronic system. Generally, the electronic system must: Matching e-services for certain payers to validate name and TIN • Ensure the information received is the information sent, and combinations. See Taxpayer Identification Number (TIN) document all occasions of user access that result in the Matching, later. submission; • Make reasonably certain that the person accessing the How Do I Know When To Use system and submitting the form is the person identified on Form W-9, the investment advisor, or the introducing broker; Form W-9? • Provide the same information as the paper Form W-9; Use Form W-9 to request the taxpayer identification number • Be able to supply a hard copy of the electronic Form W-9 if (TIN) of a U.S. person (including a resident alien) and to request the Internal Revenue Service requests it; and certain certifications and claims for exemption. (See Purpose of • Require as the final entry in the submission an electronic Form on Form W-9.) Withholding agents may require signed signature by the payee whose name is on Form W-9 that Forms W-9 from U.S. exempt recipients to overcome a authenticates and verifies the submission. The electronic presumption of foreign status. For federal tax purposes, a U.S. signature must be under penalties of perjury and the perjury person includes but is not limited to: statement must contain the language of the paper Form W-9. • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created For Forms W-9 that are not required to be signed, the or organized in the United States or under the laws of the United TIP electronic system need not provide for an electronic States; signature or a perjury statement. • Any estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section For more details, see the following. 301.7701-7). • Announcement 98-27, which is on page 30 of Internal Revenue Bulletin 1998-15 at IRS.gov/pub/irs-irbs/irb98-15.pdf. A partnership may require a signed Form W-9 from its U.S. • Announcement 2001-91, which is on page 221 of Internal partners to overcome a presumption of foreign status and to Revenue Bulletin 2001-36 at IRS.gov/pub/irs-irbs/irb01-36.pdf. avoid withholding on the partner's allocable share of the Sep 25, 2018 Cat. No. 20479P |
Page 2 of 4 Fileid: … ons/IW-9/201810/A/XML/Cycle04/source 10:45 - 25-Sep-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. “The Internal Revenue Service does not require your consent Individual Taxpayer Identification to any provision of this document other than the certifications Number (ITIN) required to avoid backup withholding.” Form W-9 (or an acceptable substitute) is used by persons If you use a substitute form, you are required to provide the required to file information returns with the IRS to get the payee's Form W-9 instructions to the payee only if he or she requests (or other person's) correct name and TIN. For individuals, the them. However, if the IRS has notified the payee that backup TIN is generally a social security number (SSN). withholding applies, then you must instruct the payee to strike However, in some cases, individuals who become U.S. out the language in the certification that relates to resident aliens for federal tax purposes are not eligible to obtain underreporting. This instruction can be given orally or in writing. an SSN. This includes certain resident aliens who must receive See item 2 of the Certification on Form W-9. You can replace information returns but who cannot obtain an SSN. “defined below” with “defined in the instructions” in item 3 of the Certification on Form W-9 when the instructions will not be These individuals must apply for an ITIN on Form W-7, provided to the payee except upon request. For more Application for IRS Individual Taxpayer Identification Number, information, see Rev. Proc. 83-89,1983-2 C.B. 613; amplified by unless they have an application pending for an SSN. Individuals Rev. Proc. 96-26, which is on page 22 of Internal Revenue who have an ITIN must provide it on Form W-9. Bulletin 1996-8 at IRS.gov/pub/irs-irbs/irb96-08.pdf. Note. ITINs that haven’t been included on a U.S. federal tax TIN Applied For return at least once in the last 3 consecutive tax years will expire. For interest and dividend payments and certain payments with Expired ITINs must be renewed in order to avoid delays in respect to readily tradable instruments, the payee may return a processing the ITIN holder’s tax return. If the IRS deactivates the properly completed, signed Form W-9 to you with “Applied For” ITIN because it has expired, the ITIN may still be used on Form written in Part I. This is an “awaiting-TIN” certificate. The payee W-9. However, the ITIN holder will have to apply to renew the has 60 calendar days, from the date you receive this certificate, deactivated ITIN if there is a need to file a tax return. For more to provide a TIN. If you do not receive the payee's TIN at that information, see the Instructions for Form W-7. time, you must begin backup withholding on payments. Substitute Form W-9 Reserve rule. You must backup withhold on any reportable You may develop and use your own Form W-9 (a substitute payments made during the 60-day period if a payee withdraws Form W-9) if its content is substantially similar to the official IRS more than $500 at one time, unless the payee reserves an Form W-9 and it satisfies certain certification requirements. amount equal to the current year's backup withholding rate on all reportable payments made to the account. You may incorporate a substitute Form W-9 into other business forms you customarily use, such as account signature Alternative rule. You also may elect to backup withhold during cards. However, the certifications on the substitute Form W-9 this 60-day period, after a 7-day grace period, under one of the must clearly state (as shown on the official Form W-9) that under two alternative rules discussed below. penalties of perjury: Option 1. Backup withhold on any reportable payments if the 1. The payee's TIN is correct, payee makes a withdrawal from the account after the close of 7 business days after you receive the awaiting-TIN certificate. 2. The payee is not subject to backup withholding due to Treat as reportable payments all cash withdrawals in an amount failure to report interest and dividend income, up to the reportable payments made from the day after you 3. The payee is a U.S. person, and receive the awaiting-TIN certificate to the day of withdrawal. 4. The FATCA code entered on this form (if any) indicating Option 2. Backup withhold on any reportable payments that the payee is exempt from FATCA reporting is correct. made to the payee's account, regardless of whether the payee makes any withdrawals, beginning no later than 7 business days You may provide certification instructions on a substitute after you receive the awaiting-TIN certificate. Form W-9 in a manner similar to the official form. If you are not collecting a FATCA exemption code by omitting that field from The 60-day exemption from backup withholding does the substitute Form W-9 (see Payees and Account Holders ! not apply to any payment other than interest, dividends, Exempt From FATCA Reporting, later), you may notify the payee CAUTION and certain payments relating to readily tradable that item 4 does not apply. instruments. Any other reportable payment, such as nonemployee compensation, is subject to backup withholding You may not: immediately, even if the payee has applied for and is awaiting a 1. Use a substitute Form W-9 that requires the payee, by TIN. signing, to agree to provisions unrelated to the required certifications, or Even if the payee gives you an awaiting-TIN certificate, you must 2. Imply that a payee may be subject to backup withholding backup withhold on reportable interest and dividend payments if unless the payee agrees to provisions on the substitute form that the payee does not certify, under penalties of perjury, that the are unrelated to the required certifications. payee is not subject to backup withholding. A substitute Form W-9 that contains a separate signature line If you do not collect backup withholding from affected payees as just for the certifications satisfies the requirement that the required, you may become liable for any uncollected amount. certifications be clearly stated. Payees Exempt From Backup If a single signature line is used for the required certifications and other provisions, the certifications must be highlighted, Withholding boxed, printed in bold-face type, or presented in some other The following payees are exempt from backup withholding with manner that causes the language to stand out from all other respect to the payments below, and should enter the information contained on the substitute form. Additionally, the corresponding exempt payee code on Form W-9. You may rely following statement must be presented to stand out in the same on the payee’s claim of exemption unless you have actual manner as described above and must appear immediately knowledge that the exempt payee code and/or classification above the single signature line: selected are not valid, or if they are inconsistent with each other. -2- Instr. for Req. of Form W-9 (Rev. 10-2018) |
Page 3 of 4 Fileid: … ons/IW-9/201810/A/XML/Cycle04/source 10:45 - 25-Sep-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. In that case, you may rely on the Form W-9 for purposes of obtaining the payee’s TIN, but you must treat the payee as Payments Exempt From Backup non-exempt. If the payee failed to enter an exempt payee code, Withholding but the classification selected indicates that the payee is Payments that are not subject to information reporting also are exempt, you may accept the classification and treat the payee as not subject to backup withholding. For details, see sections exempt unless you have actual knowledge that the classification 6041, 6041A, 6042, 6044, 6045, 6049, 6050A, 6050N, and is not valid. 6050W and their regulations. The following payments generally If the payee is not exempt, you are required to backup are exempt from backup withholding. withhold on reportable payments if the payee does not provide a Dividends and patronage dividends. TIN in the manner required or does not sign the certification, if • Payments to nonresident aliens subject to withholding under required. section 1441. 1. An organization exempt from tax under • Payments to partnerships not engaged in a trade or business section 501(a), any IRA, or a custodial account under section in the United States and that have at least one nonresident alien 403(b)(7) if the account satisfies the requirements of section partner. 401(f)(2); • Payments of patronage dividends not paid in money. 2. The United States or any of its agencies or • Payments made by certain foreign organizations. instrumentalities; • Section 404(k) distributions made by an ESOP. 3. A state, the District of Columbia, a U.S. commonwealth or Interest payments. possession, or any of their political subdivisions, agencies, or • Payments of interest on obligations issued by individuals. instrumentalities; However, if you pay $600 or more of interest in the course of 4. A foreign government or any of its political subdivisions, your trade or business to a payee, you must report the payment. agencies, or instrumentalities; Backup withholding applies to the reportable payment if the payee has not provided a TIN or has provided an incorrect TIN. 5. A corporation; • Payments described in section 6049(b)(5) to nonresident 6. A dealer in securities or commodities required to register aliens. in the United States, the District of Columbia, or a U.S. • Payments on tax-free covenant bonds under commonwealth or possession; section 1451. 7. A futures commission merchant registered with the • Payments made by certain foreign organizations. Commodity Futures Trading Commission; • Mortgage or student loan interest paid to you. 8. A real estate investment trust; Other types of payment. 9. An entity registered at all times during the tax year under • Wages. the Investment Company Act of 1940; • Distributions from a pension, annuity, profit-sharing or stock bonus plan, any IRA, an owner-employee plan, or other deferred 10. A common trust fund operated by a bank under compensation plan. section 584(a); • Distributions from a medical or health savings account and 11. A financial institution; long-term care benefits. 12. A middleman known in the investment community as a • Certain surrenders of life insurance contracts. nominee or custodian; or • Distribution from qualified tuition programs or Coverdell ESAs. 13. A trust exempt from tax under section 664 or described in Gambling winnings if regular gambling winnings withholding is section 4947. • required under section 3402(q). However, if regular gambling The following types of payments are exempt from backup winnings withholding is not required under section 3402(q), withholding as indicated for payees listed in 1 through 13 above. backup withholding applies if the payee fails to furnish a TIN. • Real estate transactions reportable under Interest and dividend payments. All listed payees are exempt section 6045(e). except the payee in item 7. • Cancelled debts reportable under section 6050P. Broker transactions. All payees listed in items 1 through 4 and • Fish purchases for cash reportable under 6 through 11 are exempt. Also, C corporations are exempt. A section 6050R. person registered under the Investment Advisers Act of 1940 who regularly acts as a broker also is exempt. Payees and Account Holders Exempt Barter exchange transactions and patronage dividends. From FATCA Reporting Only payees listed in items 1 through 4 are exempt. Reporting under chapter 4 (FATCA) with respect to U.S. persons Payments reportable under sections 6041 and 6041A. generally applies only to foreign financial institutions (FFI) Payees listed in items 1 through 5 generally are exempt. (including a branch of a U.S. financial institution that is treated as an FFI under an applicable intergovernmental agreement (IGA)). However, the following payments made to a corporation and Thus, for example, a U.S. financial institution maintaining an reportable on Form 1099-MISC, Miscellaneous Income, are not account in the United States does not need to collect an exempt from backup withholding. exemption code for FATCA reporting. If you are providing a • Medical and health care payments. Form W-9, you may pre-populate the FATCA exemption code • Attorneys' fees (also gross proceeds paid to an attorney, with "Not Applicable," "N/A," or a similar indication that an reportable under section 6045(f)). exemption from FATCA reporting does not apply. Any payee that • Payments for services paid by a federal executive agency. provides such a form, however, cannot be treated as exempt (See Rev. Rul. 2003-66, which is on page 1115 of Internal from FATCA reporting. For details on the FATCA reporting Revenue Bulletin 2003-26 at IRS.gov/pub/irs-irbs/irb03-26.pdf.) requirements, including specific information regarding which Payments made in settlement of payment card or third par- financial institutions are required to report, see sections 1471 to ty network transactions. Only payees listed in items 1 through 1474 and related regulations. See Regulations section 4 are exempt. 1.1471-3(d)(2) for when an FFI may rely on documentary Instr. for Req. of Form W-9 (Rev. 10-2018) -3- |
Page 4 of 4 Fileid: … ons/IW-9/201810/A/XML/Cycle04/source 10:45 - 25-Sep-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. evidence to treat a U.S. person as other than a specified U.S. If any one of the joint payees who has not established foreign person and see Regulations section 1.1471-3(f)(3) for when an status gives you a TIN, use that number for purposes of backup FFI may presume a U.S. person as other than a specified U.S. withholding and information reporting. person. For more information on foreign payees, see the Instructions If you receive a Form W-9 with a FATCA exemption code and for the Requester of Forms W-8BEN, W-8BEN-E, W-8ECI, you know or have reason to know the person is a specified U.S. W-8EXP, and W-8IMY. person, you may not rely on the Form W-9 to treat the person as exempt from FATCA reporting. However, you may still rely on an Names and TINs To Use otherwise completed Form W-9 to treat a person as a specified U.S. person. An exemption from FATCA reporting (or lack for Information Reporting thereof) does not affect backup withholding as described earlier Show the full name and address as provided on Form W-9 on in these instructions. The following are not specified U.S. the information return filed with the IRS and on the copy persons and are thus exempt from FATCA reporting. furnished to the payee. If the payee has marked their address “NEW”, you should update your records. If you made payments A. An organization exempt from tax under section 501(a), or to more than one payee or the account is in more than one any individual retirement plan as defined in section 7701(a)(37); name, enter on the first name line of the information return only B. The United States or any of its agencies or the name of the payee whose TIN is shown on Form W-9. You instrumentalities; may show the names of any other individual payees in the area below the first name line on the information return. Forms W-9 C. A state, the District of Columbia, a U.S. commonwealth or showing an ITIN must have the name exactly as shown on possession, or any of their political subdivisions, agencies, or line 1a of the Form W-7 application. If you are a PFFI reporting a instrumentalities; U.S. account on Form 8966, FATCA Report, and the account is D. A corporation the stock of which is regularly traded on one jointly held by U.S. persons, file a separate Form 8966 for each or more established securities markets, as described in holder. Regulations 1.1472-1(c)(1)(i); For more information on the names and TINs to use for E. A corporation that is a member of the same expanded TIP information reporting, see section J of the General affiliated group as a corporation described in Regulations Instructions for Certain Information Returns. 1.1472-1(c)(1)(i); F. A dealer in securities, commodities, or derivative financial Notices From the IRS instruments (including notional principal contracts, futures, The IRS will send you a notice if the payee's name and TIN on forwards, and options) that is registered as such under the laws the information return you filed do not match the IRS's records. of the United States or any State; (See Taxpayer Identification Number (TIN) Matching, next.) If you receive a backup withholding notice, you may have to send G. A real estate investment trust; a “B” notice to the payee to solicit another TIN. Pub. 1281, H. A regulated investment company as defined in section Backup Withholding for Missing and Incorrect Name/TIN(s), 851 or an entity registered at all times during the tax year under contains copies of the two types of “B” notices. If you receive a the Investment Company Act of 1940; penalty notice, you also may have to send a solicitation to the payee. See Pub. 1586, Reasonable Cause Regulations and I. A common trust fund as defined in section 584(a); Requirements for Missing and Incorrect Name/TINs. J. A bank as defined in section 581; Taxpayer Identification Number (TIN) K. A broker; Matching L. A trust exempt from tax under section 664 or described in section 4947; or TIN Matching allows a payer or authorized agent who is required to file Forms 1099-B, DIV, INT, K, MISC, OID, and/or PATR to M. A tax-exempt trust under a section 403(b) plan or section match TIN and name combinations with IRS records before 457(g) plan. submitting the forms to the IRS. TIN Matching is one of the e-services products that is offered and is accessible through the Joint Foreign Payees IRS website. Go to IRS.gov and enter “e-services” in the search If the first payee listed on an account gives you a box. It is anticipated that payers who validate the TIN and name Form W-8 or a similar statement signed under penalties of combinations before filing information returns will receive fewer perjury, backup withholding applies unless: backup withholding (CP2100) notices and penalty notices. 1. Every joint payee provides the statement regarding foreign status, or Additional Information For more information on backup withholding, see Pub. 1281. 2. Any one of the joint payees who has not established foreign status gives you a TIN. -4- Instr. for Req. of Form W-9 (Rev. 10-2018) |
Request for Taxpayer Give Form to the Form W-9 requester. Do not (Rev. October 2018) Identification Number and Certification Department of the Treasury send to the IRS. Internal Revenue Service ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see instructions on page 3): on page 3. Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate single-member LLC Exempt payee code (if any) Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is Print or type. another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ (Applies to accounts maintained outside the U.S.) Specific Instructions 5 Address (number, street, and apt. or suite no.) See instructions. Requester’s name and address (optional) See 6 City, state, and ZIP code 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other – – entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here U.S. person ▶ Date ▶ • Form 1099-DIV (dividends, including those from stocks or mutual General Instructions funds) Section references are to the Internal Revenue Code unless otherwise • Form 1099-MISC (various types of income, prizes, awards, or gross noted. proceeds) Future developments. For the latest information about developments • Form 1099-B (stock or mutual fund sales and certain other related to Form W-9 and its instructions, such as legislation enacted transactions by brokers) after they were published, go to www.irs.gov/FormW9. • Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An individual or entity (Form W-9 requester) who is required to file an • Form 1098 (home mortgage interest), 1098-E (student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T (tuition) identification number (TIN) which may be your social security number • Form 1099-C (canceled debt) (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number • Form 1099-A (acquisition or abandonment of secured property) (EIN), to report on an information return the amount paid to you, or other Use Form W-9 only if you are a U.S. person (including a resident amount reportable on an information return. Examples of information alien), to provide your correct TIN. returns include, but are not limited to, the following. If you do not return Form W-9 to the requester with a TIN, you might • Form 1099-INT (interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) |
Form W-9 (Rev. 10-2018) Page 2 By signing the filled-out form, you: Example. Article 20 of the U.S.-China income tax treaty allows an 1. Certify that the TIN you are giving is correct (or you are waiting for a exemption from tax for scholarship income received by a Chinese number to be issued), student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in 2. Certify that you are not subject to backup withholding, or the United States exceeds 5 calendar years. However, paragraph 2 of 3. Claim exemption from backup withholding if you are a U.S. exempt the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows payee. If applicable, you are also certifying that as a U.S. person, your the provisions of Article 20 to continue to apply even after the Chinese allocable share of any partnership income from a U.S. trade or business student becomes a resident alien of the United States. A Chinese is not subject to the withholding tax on foreign partners' share of student who qualifies for this exception (under paragraph 2 of the first effectively connected income, and protocol) and is relying on this exception to claim an exemption from tax 4. Certify that FATCA code(s) entered on this form (if any) indicating on his or her scholarship or fellowship income would attach to Form that you are exempt from the FATCA reporting, is correct. See What is W-9 a statement that includes the information described above to FATCA reporting, later, for further information. support that exemption. Note: If you are a U.S. person and a requester gives you a form other If you are a nonresident alien or a foreign entity, give the requester the than Form W-9 to request your TIN, you must use the requester’s form if appropriate completed Form W-8 or Form 8233. it is substantially similar to this Form W-9. Backup Withholding Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such • An individual who is a U.S. citizen or U.S. resident alien; payments. This is called “backup withholding.” Payments that may be • A partnership, corporation, company, or association created or subject to backup withholding include interest, tax-exempt interest, organized in the United States or under the laws of the United States; dividends, broker and barter exchange transactions, rents, royalties, • An estate (other than a foreign estate); or nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat • A domestic trust (as defined in Regulations section 301.7701-7). operators. Real estate transactions are not subject to backup Special rules for partnerships. Partnerships that conduct a trade or withholding. business in the United States are generally required to pay a withholding You will not be subject to backup withholding on payments you tax under section 1446 on any foreign partners’ share of effectively receive if you give the requester your correct TIN, make the proper connected taxable income from such business. Further, in certain cases certifications, and report all your taxable interest and dividends on your where a Form W-9 has not been received, the rules under section 1446 tax return. require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person Payments you receive will be subject to backup withholding if: that is a partner in a partnership conducting a trade or business in the 1. You do not furnish your TIN to the requester, United States, provide Form W-9 to the partnership to establish your 2. You do not certify your TIN when required (see the instructions for U.S. status and avoid section 1446 withholding on your share of Part II for details), partnership income. 3. The IRS tells the requester that you furnished an incorrect TIN, In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding 4. The IRS tells you that you are subject to backup withholding withholding on its allocable share of net income from the partnership because you did not report all your interest and dividends on your tax conducting a trade or business in the United States. return (for reportable interest and dividends only), or • In the case of a disregarded entity with a U.S. owner, the U.S. owner 5. You do not certify to the requester that you are not subject to of the disregarded entity and not the entity; backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and Certain payees and payments are exempt from backup withholding. not the trust; and See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Also see Special rules for partnerships, earlier. Foreign person. If you are a foreign person or the U.S. branch of a What is FATCA Reporting? foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see The Foreign Account Tax Compliance Act (FATCA) requires a Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign participating foreign financial institution to report all United States Entities). account holders that are specified United States persons. Certain Nonresident alien who becomes a resident alien. Generally, only a payees are exempt from FATCA reporting. SeeExemption from FATCA nonresident alien individual may use the terms of a tax treaty to reduce reporting code, later, and the Instructions for the Requester of Form or eliminate U.S. tax on certain types of income. However, most tax W-9 for more information. treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to Updating Your Information continue for certain types of income even after the payee has otherwise You must provide updated information to any person to whom you become a U.S. resident alien for tax purposes. claimed to be an exempt payee if you are no longer an exempt payee If you are a U.S. resident alien who is relying on an exception and anticipate receiving reportable payments in the future from this contained in the saving clause of a tax treaty to claim an exemption person. For example, you may need to provide updated information if from U.S. tax on certain types of income, you must attach a statement you are a C corporation that elects to be an S corporation, or if you no to Form W-9 that specifies the following five items. longer are tax exempt. In addition, you must furnish a new Form W-9 if 1. The treaty country. Generally, this must be the same treaty under the name or TIN changes for the account; for example, if the grantor of a which you claimed exemption from tax as a nonresident alien. grantor trust dies. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the Penalties saving clause and its exceptions. Failure to furnish TIN. If you fail to furnish your correct TIN to a 4. The type and amount of income that qualifies for the exemption requester, you are subject to a penalty of $50 for each such failure from tax. unless your failure is due to reasonable cause and not to willful neglect. 5. Sufficient facts to justify the exemption from tax under the terms of Civil penalty for false information with respect to withholding. If you the treaty article. make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. |
Form W-9 (Rev. 10-2018) Page 3 Criminal penalty for falsifying information. Willfully falsifying IF the entity/person on line 1 is THEN check the box for . . . certifications or affirmations may subject you to criminal penalties a(n) . . . including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of • Corporation Corporation federal law, the requester may be subject to civil and criminal penalties. • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC Specific Instructions • Single-member limited liability company (LLC) owned by an Line 1 individual and disregarded for U.S. You must enter one of the following on this line; do not leave this line federal tax purposes. blank. The name should match the name on your tax return. • LLC treated as a partnership for Limited liability company and enter If this Form W-9 is for a joint account (other than an account U.S. federal tax purposes, the appropriate tax classification. maintained by a foreign financial institution (FFI)), list first, and then • LLC that has filed Form 8832 or (P= Partnership; C= C corporation; circle, the name of the person or entity whose number you entered in 2553 to be taxed as a corporation, or S= S corporation) Part I of Form W-9. If you are providing Form W-9 to an FFI to document or a joint account, each holder of the account that is a U.S. person must provide a Form W-9. • LLC that is disregarded as an entity separate from its owner but a. Individual. Generally, enter the name shown on your tax return. If the owner is another LLC that is you have changed your last name without informing the Social Security not disregarded for U.S. federal tax Administration (SSA) of the name change, enter your first name, the last purposes. name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on • Partnership Partnership your Form W-7 application, line 1a. This should also be the same as the • Trust/estate Trust/estate name you entered on the Form 1040/1040A/1040EZ you filed with your application. Line 4, Exemptions b. Sole proprietor or single-member LLC. Enter your individual If you are exempt from backup withholding and/or FATCA reporting, name as shown on your 1040/1040A/1040EZ on line 1. You may enter enter in the appropriate space on line 4 any code(s) that may apply to your business, trade, or “doing business as” (DBA) name on line 2. you. c. Partnership, LLC that is not a single-member LLC, C Exempt payee code. corporation, or S corporation. Enter the entity's name as shown on the • Generally, individuals (including sole proprietors) are not exempt from entity's tax return on line 1 and any business, trade, or DBA name on backup withholding. line 2. • Except as provided below, corporations are exempt from backup d. Other entities. Enter your name as shown on required U.S. federal withholding for certain payments, including interest and dividends. tax documents on line 1. This name should match the name shown on the • Corporations are not exempt from backup withholding for payments charter or other legal document creating the entity. You may enter any made in settlement of payment card or third party network transactions. business, trade, or DBA name on line 2. • Corporations are not exempt from backup withholding with respect to e. Disregarded entity. For U.S. federal tax purposes, an entity that is attorneys’ fees or gross proceeds paid to attorneys, and corporations disregarded as an entity separate from its owner is treated as a that provide medical or health care services are not exempt with respect “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter to payments reportable on Form 1099-MISC. the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the The following codes identify payees that are exempt from backup name shown on the income tax return on which the income should be withholding. Enter the appropriate code in the space in line 4. reported. For example, if a foreign LLC that is treated as a disregarded 1—An organization exempt from tax under section 501(a), any IRA, or entity for U.S. federal tax purposes has a single owner that is a U.S. a custodial account under section 403(b)(7) if the account satisfies the person, the U.S. owner's name is required to be provided on line 1. If requirements of section 401(f)(2) the direct owner of the entity is also a disregarded entity, enter the first 2—The United States or any of its agencies or instrumentalities owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity 3—A state, the District of Columbia, a U.S. commonwealth or name.” If the owner of the disregarded entity is a foreign person, the possession, or any of their political subdivisions or instrumentalities owner must complete an appropriate Form W-8 instead of a Form W-9. 4—A foreign government or any of its political subdivisions, agencies, This is the case even if the foreign person has a U.S. TIN. or instrumentalities Line 2 5—A corporation If you have a business name, trade name, DBA name, or disregarded 6—A dealer in securities or commodities required to register in the entity name, you may enter it on line 2. United States, the District of Columbia, or a U.S. commonwealth or possession Line 3 7—A futures commission merchant registered with the Commodity Check the appropriate box on line 3 for the U.S. federal tax Futures Trading Commission classification of the person whose name is entered on line 1. Check only 8—A real estate investment trust one box on line 3. 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 |
Form W-9 (Rev. 10-2018) Page 4 The following chart shows types of payments that may be exempt M—A tax exempt trust under a section 403(b) plan or section 457(g) from backup withholding. The chart applies to the exempt payees listed plan above, 1 through 13. Note: You may wish to consult with the financial institution requesting IF the payment is for . . . THEN the payment is exempt this form to determine whether the FATCA code and/or exempt payee for . . . code should be completed. Interest and dividend payments All exempt payees except Line 5 for 7 Enter your address (number, street, and apartment or suite number). Broker transactions Exempt payees 1 through 4 and 6 This is where the requester of this Form W-9 will mail your information through 11 and all C corporations. returns. If this address differs from the one the requester already has on S corporations must not enter an file, write NEW at the top. If a new address is provided, there is still a exempt payee code because they chance the old address will be used until the payor changes your are exempt only for sales of address in their records. noncovered securities acquired Line 6 prior to 2012. Enter your city, state, and ZIP code. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Part I. Taxpayer Identification Number (TIN) Payments over $600 required to be Generally, exempt payees Enter your TIN in the appropriate box. If you are a resident alien and reported and direct sales over 1 through 5 2 you do not have and are not eligible to get an SSN, your TIN is your IRS $5,0001 individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN Payments made in settlement of Exempt payees 1 through 4 below. payment card or third party network If you are a sole proprietor and you have an EIN, you may enter either transactions your SSN or EIN. 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has 2 However, the following payments made to a corporation and one). Do not enter the disregarded entity’s EIN. If the LLC is classified as reportable on Form 1099-MISC are not exempt from backup a corporation or partnership, enter the entity’s EIN. withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and Note: See What Name and Number To Give the Requester, later, for payments for services paid by a federal executive agency. further clarification of name and TIN combinations. Exemption from FATCA reporting code. The following codes identify How to get a TIN. If you do not have a TIN, apply for one immediately. payees that are exempt from reporting under FATCA. These codes To apply for an SSN, get Form SS-5, Application for a Social Security apply to persons submitting this form for accounts maintained outside Card, from your local SSA office or get this form online at of the United States by certain foreign financial institutions. Therefore, if www.SSA.gov. You may also get this form by calling 1-800-772-1213. you are only submitting this form for an account you hold in the United Use Form W-7, Application for IRS Individual Taxpayer Identification States, you may leave this field blank. Consult with the person Number, to apply for an ITIN, or Form SS-4, Application for Employer requesting this form if you are uncertain if the financial institution is Identification Number, to apply for an EIN. You can apply for an EIN subject to these requirements. A requester may indicate that a code is online by accessing the IRS website at www.irs.gov/Businesses and not required by providing you with a Form W-9 with “Not Applicable” (or clicking on Employer Identification Number (EIN) under Starting a any similar indication) written or printed on the line for a FATCA Business. Go to www.irs.gov/Forms to view, download, or print Form exemption code. W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 A—An organization exempt from tax under section 501(a) or any business days. individual retirement plan as defined in section 7701(a)(37) If you are asked to complete Form W-9 but do not have a TIN, apply B—The United States or any of its agencies or instrumentalities for a TIN and write “Applied For” in the space for the TIN, sign and date C—A state, the District of Columbia, a U.S. commonwealth or the form, and give it to the requester. For interest and dividend possession, or any of their political subdivisions or instrumentalities payments, and certain payments made with respect to readily tradable D—A corporation the stock of which is regularly traded on one or instruments, generally you will have 60 days to get a TIN and give it to more established securities markets, as described in Regulations the requester before you are subject to backup withholding on section 1.1472-1(c)(1)(i) payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until E—A corporation that is a member of the same expanded affiliated you provide your TIN to the requester. group as a corporation described in Regulations section 1.1472-1(c)(1)(i) Note: Entering “Applied For” means that you have already applied for a F—A dealer in securities, commodities, or derivative financial TIN or that you intend to apply for one soon. instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United Caution: A disregarded U.S. entity that has a foreign owner must use States or any state the appropriate Form W-8. G—A real estate investment trust Part II. Certification H—A regulated investment company as defined in section 851 or an To establish to the withholding agent that you are a U.S. person, or entity registered at all times during the tax year under the Investment resident alien, sign Form W-9. You may be requested to sign by the Company Act of 1940 withholding agent even if item 1, 4, or 5 below indicates otherwise. I—A common trust fund as defined in section 584(a) For a joint account, only the person whose TIN is shown in Part I J—A bank as defined in section 581 should sign (when required). In the case of a disregarded entity, the K—A broker person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. L—A trust exempt from tax under section 664 or described in section 4947(a)(1) Signature requirements. Complete the certification as indicated in items 1 through 5 below. |
Form W-9 (Rev. 10-2018) Page 5 1. Interest, dividend, and barter exchange accounts opened For this type of account: Give name and EIN of: before 1984 and broker accounts considered active during 1983. 14. Account with the Department of The public entity You must give your correct TIN, but you do not have to sign the Agriculture in the name of a public certification. entity (such as a state or local 2. Interest, dividend, broker, and barter exchange accounts government, school district, or opened after 1983 and broker accounts considered inactive during prison) that receives agricultural 1983. You must sign the certification or backup withholding will apply. If program payments you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the 15. Grantor trust filing under the Form The trust certification before signing the form. 1041 Filing Method or the Optional 3. Real estate transactions. You must sign the certification. You may Form 1099 Filing Method 2 (see cross out item 2 of the certification. Regulations section 1.671-4(b)(2)(i)(B)) 4. Other payments.You must give your correct TIN, but you do not 1 List first and circle the name of the person whose number you furnish. have to sign the certification unless you have been notified that you If only one person on a joint account has an SSN, that person’s number have previously given an incorrect TIN. “Other payments” include must be furnished. payments made in the course of the requester’s trade or business for 2 Circle the minor’s name and furnish the minor’s SSN. rents, royalties, goods (other than bills for merchandise), medical and 3 You must show your individual name and you may also enter your health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment business or DBA name on the “Business name/disregarded entity” card and third party network transactions, payments to certain fishing name line. You may use either your SSN or EIN (if you have one), but the boat crew members and fishermen, and gross proceeds paid to IRS encourages you to use your SSN. attorneys (including payments to corporations). 4 List first and circle the name of the trust, estate, or pension trust. (Do 5. Mortgage interest paid by you, acquisition or abandonment of not furnish the TIN of the personal representative or trustee unless the secured property, cancellation of debt, qualified tuition program legal entity itself is not designated in the account title.) Also see Special payments (under section 529), ABLE accounts (under section 529A), rules for partnerships, earlier. IRA, Coverdell ESA, Archer MSA or HSA contributions or *Note: The grantor also must provide a Form W-9 to trustee of trust. distributions, and pension distributions. You must give your correct Note: If no name is circled when more than one name is listed, the TIN, but you do not have to sign the certification. number will be considered to be that of the first name listed. What Name and Number To Give the Requester Secure Your Tax Records From Identity Theft For this type of account: Give name and SSN of: Identity theft occurs when someone uses your personal information 1. Individual The individual such as your name, SSN, or other identifying information, without your 2. Two or more individuals (joint The actual owner of the account or, if permission, to commit fraud or other crimes. An identity thief may use account) other than an account combined funds, the first individual on your SSN to get a job or may file a tax return using your SSN to receive maintained by an FFI the account1 a refund. 3. Two or more U.S. persons Each holder of the account To reduce your risk: (joint account maintained by an FFI) • Protect your SSN, 4. Custodial account of a minor The minor 2 • Ensure your employer is protecting your SSN, and (Uniform Gift to Minors Act) • Be careful when choosing a tax preparer. 5. a. The usual revocable savings trust The grantor-trustee1 (grantor is also trustee) If your tax records are affected by identity theft and you receive a b. So-called trust account that is not The actual owner1 notice from the IRS, respond right away to the name and phone number a legal or valid trust under state law printed on the IRS notice or letter. 6. Sole proprietorship or disregarded The owner3 If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable entity owned by an individual credit card activity or credit report, contact the IRS Identity Theft Hotline 7. Grantor trust filing under Optional The grantor* at 1-800-908-4490 or submit Form 14039. Form 1099 Filing Method 1 (see For more information, see Pub. 5027, Identity Theft Information for Regulations section 1.671-4(b)(2)(i) Taxpayers. (A)) Victims of identity theft who are experiencing economic harm or a For this type of account: Give name and EIN of: systemic problem, or are seeking help in resolving tax problems that 8. Disregarded entity not owned by an The owner have not been resolved through normal channels, may be eligible for individual Taxpayer Advocate Service (TAS) assistance. You can reach TAS by 9. A valid trust, estate, or pension trust Legal entity4 calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. 10. Corporation or LLC electing The corporation Protect yourself from suspicious emails or phishing schemes. corporate status on Form 8832 or Phishing is the creation and use of email and websites designed to Form 2553 mimic legitimate business emails and websites. The most common act 11. Association, club, religious, The organization is sending an email to a user falsely claiming to be an established charitable, educational, or other tax- legitimate enterprise in an attempt to scam the user into surrendering exempt organization private information that will be used for identity theft. 12. Partnership or multi-member LLC The partnership 13. A broker or registered nominee The broker or nominee |
Form W-9 (Rev. 10-2018) Page 6 The IRS does not initiate contacts with taxpayers via emails. Also, the Privacy Act Notice IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Section 6109 of the Internal Revenue Code requires you to provide your information for their credit card, bank, or other financial accounts. correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or If you receive an unsolicited email claiming to be from the IRS, certain other income paid to you; mortgage interest you paid; the forward this message to phishing@irs.gov. You may also report misuse acquisition or abandonment of secured property; the cancellation of of the IRS name, logo, or other IRS property to the Treasury Inspector debt; or contributions you made to an IRA, Archer MSA, or HSA. The General for Tax Administration (TIGTA) at 1-800-366-4484. You can person collecting this form uses the information on the form to file forward suspicious emails to the Federal Trade Commission at information returns with the IRS, reporting the above information. spam@uce.gov or report them at www.ftc.gov/complaint. You can Routine uses of this information include giving it to the Department of contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). Justice for civil and criminal litigation and to cities, states, the District of If you have been the victim of identity theft, see www.IdentityTheft.gov Columbia, and U.S. commonwealths and possessions for use in and Pub. 5027. administering their laws. The information also may be disclosed to other Visit www.irs.gov/IdentityTheft to learn more about identity theft and countries under a treaty, to federal and state agencies to enforce civil how to reduce your risk. and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. |
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Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ons/iw-8/202206/a/xml/cycle07/source (Init. & Date) _______ Page 1 of 19 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for the Requester of Forms W-8BEN, W-8BEN-E, W-8ECI, W-8EXP, and W-8IMY (Rev. June 2022) Section references are to the Internal Revenue Code make those payments in connection with their reliance on unless otherwise noted. Forms W-8. Future developments. For the latest information about Section 871(m) regulations and qualified securities developments related to the Forms W-8 and their lenders (QSLs). Notice 2020-2, 2020-3 I.R.B. 327, instructions for requesters, such as legislation enacted further extended the transition relief provided in Notice after they were published, go to IRS.gov/UAC/About- 2018-72, 2018-40 I.R.B. 522, for certain provisions of the Form-W8. section 871(m) regulations, generally for 2021 and 2022. Notice 2020-2 also further extended the period that a withholding agent may apply the transition rules to act as What's New a QSL described in obsoleted Notice 2010-46, 2010-24 Guidance under section 1446(f). The Tax Cuts and I.R.B. 757, Part III, for substitute dividend payments made Jobs Act (TCJA) added section 1446(f), which generally in 2021 and 2022. As a result, the updated Form W-8IMY requires that if any portion of a gain on any disposition of (Rev. October 2021) includes chapter 3 status an interest in a partnership would be treated under section certifications for entities acting as QSLs (applicable to 864(c)(8) as effectively connected gain, the transferee either a QI or other entity acting as a QSL). The updated purchasing an interest in such a partnership from a Instructions for Form W-8IMY also clarify when a QI may non-U.S. transferor must withhold a tax equal to 10% of continue to claim status as a QSL in a case in which it is the amount realized on the disposition unless an also a qualified derivatives dealer (QDD) (as provided in exception to withholding applies. Section 1446(f) the QI agreement) and include certain other clarifying generally applies to transfers occurring on or after January changes relevant to section 871(m) and QSL status. 1, 2018. T.D. 9926 (84 FR 76910), published on FTIN not legally required. Certain Forms W-8 were November 30, 2020, contains final regulations (section updated (Rev. October 2021) to include a new line, “FTIN 1446(f) regulations) relating to the withholding and not legally required,” for account holders otherwise reporting requirements under section 1446(f), including required to provide a foreign taxpayer identification those that apply to brokers effecting transfers of interests number (FTIN) on the form to indicate that they are not in publicly traded partnerships (PTPs). The section legally required to obtain an FTIN from their jurisdiction of 1446(f) regulations also revise certain requirements under residence. section 1446(a) relating to withholding and reporting on distributions made by PTPs, and expand the entities Nonqualified intermediary (NQI) that provides an al- permitted to act as nominees for PTP distributions to ternative withholding statement. The Form W-8IMY include certain qualified intermediaries (QIs) and certain and its instructions were updated (Rev. October 2021) to U.S. branches. Withholding on transfers of interests in allow an NQI that is to provide alternative withholding PTPs and the revisions included in the section 1446(f) statements and beneficial owner withholding certificates regulations relating to withholding on PTP distributions for payments associated with this form to represent on the under section 1446(a) apply to transfers and distributions form that the information on the withholding certificates that occur on or after January 1, 2023. See Notice will be verified for consistency as required under 2021-51, 2021-36 I.R.B. 361. The provisions of the Regulations section 1.1441-1(e)(3)(iv)(C)(3) (added in section 1446(f) regulations relating to withholding and T.D. 9890). A similar allowance applies to a reporting on transfers of interests in partnerships that are nonwithholding foreign partnership or a nonwithholding not PTPs generally apply to transfers occurring after foreign trust that provides an alternative withholding January 29, 2021. Forms W-8 and their accompanying statement. instructions (excluding Form W-8EXP) were updated Electronic signature. The accompanying instructions (Rev. October 2021) to incorporate the use of those forms for certain Forms W-8 were updated (Rev. October 2021) by brokers and transferors of partnership interests to reference additional guidance included in final receiving payments of amounts realized for purposes of regulations issued under chapter 3 (T.D. 9890) section 1446(f) and by partners and brokers receiving concerning reliance on withholding certificates with PTP distributions. These instructions address certain electronic signatures. See Regulations section requirements of brokers and other withholding agents that 1.1441-1(e)(4)(i)(B) (added in T.D. 9890). Jun 22, 2022 Cat. No. 26698G |
Page 2 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Section 6050Y reporting. The accompanying instructions for certain Forms W-8 were updated (Rev. October 2021) to reference the use of the forms by a Who Is a Withholding Agent? foreign person that is a seller of a life insurance contract Any person, U.S. or foreign, in whatever capacity acting, (or interest therein) or a foreign person that is a recipient that has control, receipt, custody, disposal, or payment of of a reportable death benefit for purposes of reporting an amount subject to withholding for chapter 3 purposes under section 6050Y. or a withholdable payment for chapter 4 purposes is a withholding agent. See Regulations section 1.1441-2(e) Purpose of Instructions for what constitutes a payment, which in limited These instructions supplement the instructions for the circumstances may include when there is no actual forms listed below and provide notes to assist withholding transfer of cash or property (for example, dividend agents and foreign financial institutions (FFIs) in validating equivalents). The withholding agent may be an individual, the forms for chapters 3 and 4 purposes. These corporation, partnership, trust, association, or any other instructions also outline the due diligence requirements entity, including (but not limited to) any foreign applicable to withholding agents for establishing a intermediary, foreign partnership, or U.S. branch of certain beneficial owner’s foreign status and claim for reduced foreign banks and insurance companies. If several withholding under an income tax treaty. These instructions persons qualify as withholding agents for a single are not inclusive of all requirements that may apply to a payment, the tax required to be withheld must only be withholding agent for validating Forms W-8. A withholding withheld once. Generally, the person who pays (or causes agent should also reference the applicable regulations to be paid) an amount subject to withholding under under chapters 3 and 4 and the instructions for each Form chapter 3 or a withholdable payment to the foreign person W-8 listed below. (or to its agent) must withhold. See the Instructions for • Form W-8BEN, Certificate of Foreign Status of Form 1042, Annual Withholding Tax Return for U.S. Beneficial Owner for United States Tax Withholding and Source Income of Foreign Persons, and Form 1042-S, Reporting (Individuals). Foreign Person's U.S. Source Income Subject to • Form W-8BEN-E, Certificate of Status of Beneficial Withholding, for return filing and information reporting Owner for United States Tax Withholding and Reporting obligations with respect to payments made to foreign (Entities). persons. • Form W-8ECI, Certificate of Foreign Person's Claim For effectively connected taxable income (ECTI) That Income Is Effectively Connected With the Conduct of allocable to a foreign partner, the partnership (other than a a Trade or Business in the United States. PTP) is generally the withholding agent and must file Form • Form W-8EXP, Certificate of Foreign Government or 8804, Annual Return for Partnership Withholding Tax Other Foreign Organization for United States Tax (section 1446); Form 8805, Foreign Partner's Information Withholding and Reporting. Statement of Section 1446 Withholding Tax; and Form • Form W-8IMY, Certificate of Foreign Intermediary, 8813, Partnership Withholding Tax Payment Voucher Foreign Flow-Through Entity, or Certain U.S. Branches for (section 1446). For ECTI allocable to a foreign partner in a United States Tax Withholding and Reporting. PTP, a nominee is generally the withholding agent and For definitions of terms not defined in these must file Form 1042 and 1042-S. instructions, see the Forms W-8 and their accompanying On the transfer of a partnership interest (other than an instructions. interest in a PTP) to which withholding under section 1446(f) applies, the transferee is the withholding agent Throughout these instructions, a reference to or TIP mention of “Form W-8” includes Forms W-8BEN, and must withhold 10% of the amount realized. The transferee of a non-PTP interest must file Form 8288, U.S. W-8BEN-E, W-8ECI, W-8EXP, and W-8IMY. Withholding Tax Return for Dispositions by Foreign References to “chapter 3” in the Forms W-8 and their Persons of U.S. Real Property Interests; and Form accompanying instructions were generally updated to 8288-A, Statement of Withholding on Dispositions by exclude sections 1445 and 1446 (which those instructions Foreign Persons of U.S. Real Property Interests. A broker addressed separately as applicable). Thus, references to for a transfer of an interest in a PTP to which withholding “chapter 3” in these instructions similarly exclude sections applies under section 1446(f) is a withholding agent for 1445 and 1446. the amount realized on the transfer and must withhold These instructions reflect the regulatory changes 10% of the amount realized and file Forms 1042 and described earlier and the updates to Forms W-8 and their 1042-S. instructions and certain other changes reflected on the most current revisions to the Form W-8 series published Responsibilities of a Withholding as of the date of publication of these instructions. Thus, different rules may apply to withholding agents with Agent To Obtain Form W-8 respect to prior revisions of Forms W-8 for which these Chapter 3 Responsibilities regulatory changes did not yet apply, and different requirements may apply to future revisions of these forms. Generally, an amount is subject to withholding for See Requesting Prior Versions of Form W-8, later, purposes of chapter 3 if it is an amount from sources including the limitations on such use. within the United States that is fixed or determinable annual or periodical (FDAP) income. FDAP income is in general all income included in gross income, including -2- Inst. for the Requester of Forms W-8 (Rev. June 2022) |
Page 3 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. interest (and original issue discount (OID)), dividends no substantial U.S. owners). In addition, if you are a (including dividend equivalents), rents, royalties, and withholding agent and also a participating FFI, you must compensation. FDAP income does not include most gains withhold to the extent required under Regulations section from the sale of property (including market discount and 1.1471-4(b) and the FFI agreement, which, in addition to option premiums) or items of income excluded from gross the requirements described in the previous sentence, income without regard to the U.S. or foreign status of the require withholding on withholdable payments made to owner of the income, such as interest under section recalcitrant account holders. 103(a). Amounts subject to chapter 3 withholding do not include amounts that are not FDAP income as well as You must determine if a payment is a withholdable other specific items of income described in Regulations payment without regard to any exceptions from section 1.1441-2 (such as interest on bank deposits and withholding applicable under chapter 3. For each such short-term OID). withholdable payment, you must obtain a Form W-8 (or other documentation permitted under Regulations section For purposes of sections 1441 and 1442, if you are a 1.1471-3(d)) upon which you are permitted to rely under withholding agent, you must withhold 30% of any payment chapter 4 to determine the chapter 4 status of a payee of an amount subject to chapter 3 withholding made to a that is a foreign person for purposes of whether payee that is a foreign person unless you can reliably withholding applies under chapter 4. Thus, a associate the payment with documentation (for example, determination of whether a Form W-8 is valid for purposes Form W-8 or Form W-9, Request for Taxpayer of providing an exemption from chapter 4 withholding is a Identification Number and Certification) upon which you separate determination from whether the Form W-8 may can rely to treat the payment as made to (a) a payee that be relied upon to provide an exemption from (or reduction is a U.S. person, or (b) a beneficial owner that is a foreign in) withholding under chapter 3. For purposes of person entitled to a reduced rate of, or exemption from, determining whether withholding under chapter 4 applies withholding. In certain circumstances, however, you may to a payment to a QI, WP, or WT, the exceptions in be allowed to associate a payment with documentary chapter 3 for QIs, WPs, and WTs will apply, provided the evidence rather than a Form W-8 for a payment made entity includes its chapter 4 status on Form W-8IMY. See outside the United States with respect to an offshore also Notes for Validating Form W-8IMY under Form obligation under Regulations section 1.6049-5(c)(1). A W-8IMY, later, for the requirements for withholdable withholding agent must also withhold under section 1443 payments made to certain U.S. branches that act as on certain payments to foreign tax-exempt organizations intermediaries. that are unrelated business taxable income or subject to the 4% excise tax imposed by section 4948. Section 1446(a) and (f) Responsibilities However, a withholding agent making a payment to a Section 1446(a) requires a partnership conducting a trade foreign person need not withhold under chapter 3 if the or business in the United States to withhold tax on a foreign person assumes responsibility for withholding on foreign partner's allocable share of the partnership's ECTI the payment as a QI (other than a QI that is acting as a at the highest tax rate applicable to that person for the QDD, in which case withholding is not required only for a type of income allocated (for example, ordinary income or payment with respect to a section 871(m) transaction that capital gains) in accordance with the provisions of is not an underlying security or a dividend equivalent), or if Regulations sections 1.1446-1 through 1.1446-6. For a the foreign person is a withholding foreign partnership partnership that is not a PTP, the partnership must (WP), or a withholding foreign trust (WT) that has provided withhold in the year the ECTI is allocable to the foreign a valid Form W-8IMY certifying to such status. A partner, whether or not there is a distribution. In contrast, if withholding agent is not required to withhold on dividends the partnership is a PTP, the partnership withholds in the paid in 2022 to a QI acting as a QDD in its equity year in the ECTI is distributed to the foreign partner, not in derivatives dealer capacity. The QDD's withholding the year the ECTI is allocable to the foreign partner. statement should contain the information necessary for Section 1446(f) generally requires a transferee of a determining the dividends subject to withholding. See the partnership interest (or a broker in the case of a transfer of Instructions for Form W-8IMY for the requirements for a a PTP interest) to withhold on the amount realized from QDD withholding statement. Withholding under chapter 3 the transfer by a foreign person when any portion of the is also not required if the payment is made to a U.S. gain from the transfer would be treated as effectively branch of a foreign insurance company or foreign bank or connected gain under section 864(c)(8). a territory financial institution that agrees to be treated as a U.S. person under the requirements of Regulations To avoid being subject to the default withholding rules section 1.1441-1(b)(2)(iv)(A) and provides a valid Form under section 1446(a) or (f), a partner must provide a W-8IMY certifying to such status. certification to the partnership or transferee, respectively. A U.S. person that submits a valid Form W-9 generally will Chapter 4 Responsibilities not be subject to withholding under section 1446(a) or (f). For purposes of chapter 4, if you are a withholding agent, Generally, a foreign person that is a partner in a you must withhold 30% of any payment that is a partnership that submits a Form W-8 for purposes of withholdable payment (as defined in Regulations section section 1441 or 1442 will satisfy the documentation 1.1473-1(a)) made to a nonparticipating FFI that is not an requirements under section 1446(a) or (f) as well. exempt beneficial owner or to a non-financial foreign However, in some cases the documentation requirements entity (NFFE) that is not an excepted NFFE and does not of sections 1441 and 1442 do not match the disclose its substantial U.S. owners (or certify that it has documentation requirements of section 1446(a) or (f). See Inst. for the Requester of Forms W-8 (Rev. June 2022) -3- |
Page 4 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Regulations sections 1.1446-1 through 1.1446-6 (for Form 8966) when the individual provides a Form W-8BEN documentation requirements under section 1446(a)) and and certain documentary evidence establishing foreign Regulations sections 1.1446(f)-2 and 1.1446(f)-4 (for status. documentation requirements under section 1446(f)). For If you are an FFI documenting an account holder of an example, a Form W-8 provided by a partner (including a account that you determine is excepted as a financial partner that is a partnership or trust) for section 1446(a) or account under Regulations section 1.1471-5(b)(2), a Form (f) purposes must include the partner's U.S. TIN to be a W-8 (or other permitted documentation for chapter 4 valid form to qualify for a preferential rate of withholding purposes) is not required unless the form is associated (to the extent applicable), which you may also rely upon with amounts subject to withholding under chapter 3. In when included on a separate statement associated with such a case, a valid chapter 4 status (including that the an otherwise valid Form W-8. This statement may be account is not a financial account) is not required to be provided by a partner that obtains a partnership interest provided on the form. after providing to you an otherwise valid Form W-8. A separate statement for providing a U.S. TIN must indicate Requesting Form W-8 that it relates to the applicable Form W-8. See, however, Generally, if you are making a payment of an amount Regulation section 1.1441-1(e)(4)(vii) for when a U.S. TIN subject to chapter 3 withholding or a withholdable is required on a Form W-8 to be a valid form for chapter 3 payment, you must withhold as required at the 30% rate purposes. See also Regulations section 1.1446(f)-4(a)(5) under chapter 3 or 4 unless you can reliably associate the for when you may rely on a Form W-8 or Form W-9 payment with a Form W-8 or other permitted furnished by a U.S. clearing organization for a member of documentation to permit withholding at a reduced rate or the clearing organization for purposes of your requirement an exemption from withholding. You can reliably associate (as a broker) to withhold on the transfer of a PTP interest. a payment with a Form W-8 if you hold a valid form that A requirement to withhold under section 1446(f) will not contains the information required for purposes of apply if you are a broker paying an amount realized on the chapter 3 or 4 (as applicable), you can reliably determine sale of a PTP interest regardless of whether you obtain a how much of the payment relates to the form, and you valid Form W-8 when the PTP publishes a qualified notice may rely upon the form under the due diligence representing that the “10%” exception to withholding requirements. See Due Diligence Requirements in under section 1446(f) applies (when applicable to the General, later. period in which the sale is made). See Regulations section 1.1446(f)-4(b)(3). You should request a Form W-8 from any person to whom you are making a payment that you believe to be a Other Uses of Form W-8 foreign person. You should request the form before making a payment so that you have the form when you Chapter 61 and section 3406. The Form W-8 you make the payment. See, however, Regulations sections collect may also be used to establish a person's status for 1.1441-1(b)(7)(ii) and 1.1471-3(c)(7)(ii) for when you may purposes of domestic information reporting under be able to rely on a Form W-8 obtained after the date of a chapter 61 and backup withholding under section 3406, payment to support reduced withholding for chapter 3 or 4 including for a payment settlement entity to determine purposes. whether a participating payee is a foreign person for A withholding agent or payor that fails to obtain a valid purposes of section 6050W and whether a reportable Form W-8 or Form W-9 and fails to withhold as required policy sale recipient or reportable death benefits recipient under the presumption rules may be assessed tax at the is a foreign person for purposes of the reporting required 30% rate under chapter 3 or 4 or the 24% backup under section 6050Y. In general, if you receive a Form withholding rate under section 3406 (as of the revision W-8 that you can reliably associate with the payment and date of these instructions), as well as interest and are permitted to rely upon (generally under the standards penalties for lack of compliance. If you are a partnership for foreign status claims for chapter 3 purposes), you are that fails to withhold on ECTI allocable to a foreign partner exempt from reporting the payment on a Form 1099 and as required under section 1446(a) or are a broker or withholding under section 3406. transferee that fails to withhold as required under section FFI documenting account holders. If you are an FFI 1446(f), you will be liable for the tax required to be maintaining a financial account, you may be required to withheld. A nominee for a PTP distribution may also be perform due diligence procedures to identify and liable for failing to withhold to the extent required on the document the account holder under the chapter 4 distribution under Regulations section 1.1446-4. In regulations or an applicable intergovernmental agreement addition under applicable regulations to section 1446(a) or (IGA) even if you are not making a payment to the account (f), you may in certain cases be liable for interest, holder that is subject to withholding. You may use Form penalties, and additions to the tax even if there is no W-8 to document the chapter 4 status of an account underlying tax liability due from a foreign partner on its holder and to validate a claim of foreign status made by allocable share of the partnership’s ECTI or from the the account holder, such as when the account has certain transferor on the transfer of a partnership interest. U.S. indicia. For example, a participating FFI may treat an individual account holder claiming foreign status that has If you are a withholding agent making a payment of an U.S. indicia (as described in Regulations section amount subject to chapter 3 withholding or a withholdable 1.1471-4(c)(5)(iv)(B)) as a foreign person for purposes of payment and you make the payment to an intermediary, the FFI’s U.S. account reporting requirements (that is, you must obtain documentation from such intermediary (including the intermediary’s chapter 4 status if the -4- Inst. for the Requester of Forms W-8 (Rev. June 2022) |
Page 5 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. payment is a withholdable payment), as well as any signature block the name of the person authorized to sign, required documentation for the beneficial owner(s) of the a time and date stamp, and a statement that the certificate payment to the extent required under the chapter 3 or 4 has been electronically signed. You may not treat a Form regulations. W-8 with a typed name in the signature line as validly signed without further information supporting that the Do not send Forms W-8 to the IRS. Instead, keep the signature is an electronic signature. You may also rely on forms in your records for as long as they may be relevant an electronically signed withholding certificate based on to the determination of your liability under section 1461 additional information or documentation that you have no (for amounts subject to chapter 3 withholding), section actual knowledge to be incorrect. See Regulations section 1474 (for withholdable payments), or Regulations section 1.1441-1(e)(4)(i)(B). 1.1471-4(c)(2)(iv) (for an FFI documenting account holders). See, however, section 1.1446(f)-2(b)(7) for the Requesting Prior Versions of Form W-8 requirement to furnish a certification for claiming treaty benefits to the IRS on the transfer of an interest in a If the IRS issues an updated version of a Form W-8, you partnership (other than a PTP) subject to section 1446(f). may accept the prior version of the form until the later of 6 full months after the revision date shown on the form or Form W-8 provided or signed electronically. You may the end of the calendar year the updated form is issued rely on a valid Form W-8 received by facsimile or scanned (based on the revision date shown on the form), unless and furnished to you by email unless you know that the the IRS has issued guidance that affects the period for person transmitting the Form W-8 is not authorized to do acceptance of the prior version (for example, if a new so. payee status is required under revised regulations that is You may also rely on an otherwise valid Form W-8 not in the prior version and is relevant to the payee’s received electronically from a third-party repository if the claim). form was uploaded or provided to the third-party repository and there are processes in place to ensure that Due Diligence Requirements for the withholding certificate can be reliably associated with a specific request from you and a specific authorization Reliance on Forms W-8 from the person providing the form (or an agent of the When you receive a completed Form W-8, you must person providing the form) for you to receive the review it for completeness and accuracy with respect to withholding certificate. Notwithstanding the preceding the claims made on the form, as well as any information sentence, you do not need a specific authorization for attached to the form, such as withholding statements and each payment to be associated with the withholding beneficial owner withholding certificates associated with a certificate when you are permitted to rely on the Form W-8IMY. In general, you may rely on the information withholding certificate on an obligation-by-obligation basis and certifications provided on the form unless you have or as otherwise permitted under Regulations section actual knowledge or reason to know that the information is 1.1441-1(e)(4)(ix). You may also rely on a withholding unreliable or incorrect. If you know or have reason to know statement received from a third-party repository if the that any information is unreliable or incorrect, you must intermediary provides a Form W-8IMY and withholding obtain a new Form W-8 or other appropriate statement through the repository, provides an updated documentation. You may accept a valid Form W-8 for withholding statement to you in the event of any change in chapter 3 or 61 purposes (or for backup withholding the information previously provided, and ensures there purposes) that does not contain a valid chapter 4 status are processes in place to update you when there is a new with respect to payments that are not withholdable withholding statement (and Forms W-8, as necessary) in payments. the event of any change that would affect the validity of the prior forms or withholding statement. For purposes of Reason to know. In general, you have reason to know this paragraph, a third-party repository is an entity that that a Form W-8 is unreliable or incorrect if: maintains withholding certificates but is not an agent of • The form is incomplete with respect to any item that is the applicable withholding agent or the person providing relevant to the claims made; the certificate. See Regulations section 1.1441-1(e)(4)(iv) • The form contains any information that is inconsistent (E) for the complete requirements for relying on a with the claims made; withholding certificate from a third-party repository. • The form lacks information necessary to establish that the beneficial owner is entitled to a reduced rate of If you are a withholding agent that maintains a system withholding; or for furnishing Forms W-8 electronically, you must satisfy • You have other account information that is inconsistent the requirements of Regulations section 1.1441-1(e)(4)(iv) with the claims made, or you have knowledge of relevant (B). You may otherwise accept a Form W-8 with an facts or statements contained in the withholding certificate electronic signature, provided the electronic signature or other documentation that would cause a reasonably meets the requirements of Regulations section prudent person in your position to question the claims 1.1441-1(e)(4)(iv)(B)(3)(ii). The withholding certificate made. For example, if you have information in your must reasonably demonstrate that the form has been records that contradicts information provided on the form, electronically signed by the recipient identified on the form you may not rely on the form. (or a person authorized to sign for the recipient). For example, a withholding agent may treat as signed for With respect to a claim for benefits under an income purposes of the requirements of a valid withholding tax treaty, your reason-to-know requirement that the treaty certificate, a withholding certificate that has in the claim is unreliable or incorrect includes when the Inst. for the Requester of Forms W-8 (Rev. June 2022) -5- |
Page 6 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. beneficial owner claims benefits under a treaty that does b. You may treat an entity that has provided you with a not exist or is not in force. For this purpose, you may use Form W-8BEN-E as a foreign person if you do not know or the list maintained at IRS.gov/businesses/international- have reason to know that the entity is a flow-through entity businesses/united-states-income-tax-treaties-a-to-z to and: check whether a treaty exists and is in force. i. You have in your possession or obtain Limitations on reason to know for certain entities. documentation establishing foreign status that If you are a financial institution (as defined in Regulations substantiates that the entity is actually organized or section 1.1471-5(e)), insurance company, or broker or created under the laws of a foreign country; or dealer in securities maintaining an account for a direct ii. For a payment made with respect to an offshore account holder that is the beneficial owner of the obligation (as defined in Regulations section 1.6049-5(c) payment, and you make a payment of U.S. source FDAP (1)), you classify the entity as a resident of the country in income to the direct account holder, you have reason to which the account is maintained, you are required to know that a Form W-8 that is a beneficial owner report a payment made to the entity annually on a tax withholding certificate (excluding Form W-8ECI) is information statement that is filed with the tax authority of unreliable or incorrect for establishing foreign status (or the country in which the obligation is maintained, and that residency in a treaty country in item 4, directly below) only country has an income tax treaty or tax information if one or more of the following circumstances exist. See exchange agreement in effect with the United States. also Regulations section 1.1441-7(b)(3)(ii) for special rules that apply to preexisting obligations (as defined for 2. The form is provided with respect to an offshore such purpose). obligation (as defined in Regulations section 1.6049-5(c) (1)) and the direct account holder has provided standing 1. You have classified the account holder claiming instructions directing you to pay amounts from its account foreign status as a U.S. person in your account to an address in, or an account maintained in, the United information, the Form W-8 has a current permanent States, unless the account holder provides either a residence address or a current mailing address in the reasonable explanation in writing that supports its foreign United States, you have a current residence or current status or documentary evidence establishing its foreign mailing address in the United States as part of the status (as described in Regulations section 1.1471-3(c)(5) account information, the direct account holder notifies you (i)). of a new residence or mailing address in the United States, or, only to the extent described in Regulations 3. The Form W-8BEN is provided by an individual that section 1.1441-7(b)(5), you have a U.S. telephone is a direct account holder and is used to establish foreign number as the sole telephone number for the account status and you have, either on accompanying holder. However: documentation or as part of your account information, an unambiguous indication of a place of birth for the a. An individual who has provided a Form W-8BEN individual in the United States, unless you have in your may be treated as a foreign person if: possession or obtain documentary evidence (described in i. You have in your possession or obtain documentary Regulations section 1.1471-3(c)(5)(i)(B)) demonstrating evidence establishing foreign status (as described in citizenship in a country other than the United States and Regulations section 1.1471-3(c)(5)(i)) that does not either: contain a U.S. address, and the individual provides you a. A copy of the individual’s Certificate of Loss of with a reasonable explanation, in writing, supporting his or Nationality of the United States, or her claim of foreign status; b. A reasonable written explanation of the account ii. For a payment made outside the United States with holder’s renunciation of U.S. citizenship or the reason the respect to an offshore obligation (as defined in account holder did not obtain U.S. citizenship at birth. Regulations section 1.6049-5(c)(1)), you have in your possession or obtain documentary evidence establishing 4. The Form W-8 is provided by a direct account foreign status (as described in Regulations section holder and is used to establish residence in a treaty 1.1471-3(c)(5)(i)) that does not contain a U.S. address; country and: iii. For a payment made with respect to an offshore a. The permanent residence address on the form is obligation (as defined in Regulations section 1.6049-5(c) not in the treaty country or the direct account holder (1)), you classify the individual as a resident of the country notifies you of a new permanent residence address that is where the obligation is maintained, you are required to not in the treaty country, unless the direct account holder report payments made to the individual annually on a tax provides a reasonable explanation for the permanent information statement that is filed with the tax authority of residence address outside the treaty country or you have the country in which the obligation is maintained, and that in your possession, or obtain, documentary evidence country has an income tax treaty or information exchange (described in Regulations section 1.1471-3(c)(5)(i)) that agreement in effect with the United States; or establishes residency in the treaty country. iv. For a case in which you have classified the account b. The permanent residence address is in the treaty holder as a U.S. person in your account information, you country, but the mailing address on the form is not in the have in your possession or obtain documentary evidence treaty country or you have a current mailing address that (as described in Regulations section 1.1471-3(c)(5)(i)(B)) is not in the treaty country as part of your account demonstrating citizenship in a country other than the information for the direct account holder, unless: United States. i. You have in your possession, or obtain, documentary evidence (as described in Regulations -6- Inst. for the Requester of Forms W-8 (Rev. June 2022) |
Page 7 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. section 1.1471-3(c)(5)(i)) supporting the claim of holders for different payments or for different portions of residence in the treaty country and the additional the same payment, you may accept the dual claims even documentation does not contain an address outside the though you hold different withholding certificates that treaty country; require you to treat the entity inconsistently. Alternatively, ii. You have in your possession, or obtain, you may choose to apply only the claim made by the documentation that establishes that the direct account entity, provided that the entity may be treated as the holder is an entity organized in a treaty country (or an beneficial owner of the income. If, however, inconsistent entity managed and controlled in a treaty country, if claims are made for the same portion of a payment, you required by the applicable treaty); may either reject both claims and request consistent claims for that portion of the payment, or you may choose iii. You know that the address outside the treaty which reduction in rate to apply. country (other than a P.O. box or in-care-of address) is a branch of the direct account holder that is a resident of the Requirements for Obtaining and Verifying a treaty country; or Global Intermediary Identification Number iv. The direct account holder provides a written (GIIN) statement that reasonably establishes entitlement to treaty benefits. If you receive a Form W-8BEN-E, W-8IMY, or W-8EXP from an entity payee claiming certain chapter 4 statuses, c. The direct account holder has standing instructions you must obtain and verify the entity’s GIIN against the for you to pay amounts from the account to an address or published IRS FFI list. See Regulations section account outside the treaty country unless the account 1.1471-3(e)(3). You must obtain and verify the GIIN for the holder provides a reasonable explanation, in writing, following chapter 4 statuses. establishing the account holder's residence in the • Participating FFIs (including reporting Model 2 FFIs). applicable treaty country or you have in your possession • Registered deemed-compliant FFIs (including reporting or obtain documentary evidence (described in Model 1 FFIs). Regulations section 1.1471-3(c)(5)(i)) establishing the • Direct reporting NFFEs. account holder’s residence in the applicable treaty • Sponsored direct reporting NFFEs. country. • Certain nonreporting IGA FFIs (as described below). Where required, a reasonable explanation supporting If you receive a Form W-8BEN-E or Form W-8IMY from an individual’s claim of foreign status means a written a nonreporting IGA FFI that is a trustee-documented trust statement prepared by the individual, or, in the alternative, that indicates its trustee is foreign, you must obtain a GIIN a checklist provided by you and completed by the of the trustee on the form. individual stating that the individual meets one of the requirements listed in Regulations section 1.1441-7(b) If you receive a Form W-8 from a nonreporting IGA FFI (12)(i) through (iv). that checks Model 2 IGA in Part XII of Form W-8BEN-E, Part XIX of Form W-8IMY, or Part III, line 15, of Form For additional information on the standards of W-8EXP (as applicable), and identifies a category of entity knowledge for chapter 3 purposes for relying on a claim of that is a registered deemed-compliant FFI under Annex II foreign status or a claim of residency in a treaty country of an applicable Model 2 IGA, you must obtain and verify and limitations on reason to know, see Regulations the GIIN of the nonreporting IGA FFI against the published sections 1.1441-6(b)(1) and 1.1441-7(b). For additional IRS FFI list. Additionally, if you receive a Form W-8BEN-E information on the standards of knowledge for Forms W-8 or Form W-8IMY from a nonreporting IGA FFI that provided for chapter 4 purposes, see Regulations section provides a citation to a section of the Regulations for its 1.1471-3(e). registered deemed-compliant status in Part XII of Form Hold mail instruction. An address that is provided W-8BEN-E or Part XIX of Form W-8IMY (as applicable) or subject to an instruction to hold all mail to that address is the FFI identifies itself as a registered deemed-complaint not a permanent residence address, such that you may FFI in Part I, line 4, of Form W-8EXP, you must obtain and not rely upon the Form W-8. However, the address can be verify the GIIN of the nonreporting IGA FFI against the used as a permanent residence address if the person has published IRS FFI list. See Regulations section provided you with the documentary evidence required for 1.1471-1(b)(83) for the definition of nonreporting IGA FFI this purpose, which differs depending on whether the and Regulations section 1.1471-3(d)(7)(i) for the Form W-8 includes a treaty claim but which need not documentation requirements for nonreporting IGA FFIs. include a permanent residence address. See Regulations For an entity claiming status as a certified section 1.1441-1(c)(38)(ii). If, after a Form W-8 is deemed-compliant FFI that is a sponsored, closely held provided, a person’s permanent residence address is investment vehicle described in Regulations section subsequently subject to a hold mail instruction, this is a 1.1471-5(f)(2)(iii) on a Form W-8BEN-E or Form W-8IMY, change in circumstances requiring the person to provide you must obtain the GIIN for the sponsoring entity and the documentary evidence described in the preceding verify it against the published IRS FFI list. For an entity sentence in order to use the address as a permanent claiming status as a sponsored investment entity or residence address. controlled foreign corporation described in Regulations Dual claims under a tax treaty. If you are making section 1.1471-5(f)(1)(i)(F), you must obtain and verify the payments to a foreign entity that is simultaneously GIIN of the sponsored investment entity or controlled claiming a reduced rate of tax under a tax treaty on its own foreign corporation against the published IRS FFI list, not behalf and a separate treaty claim on behalf of its interest the GIIN of the sponsoring entity. Inst. for the Requester of Forms W-8 (Rev. June 2022) -7- |
Page 8 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If you receive a Form W-8BEN-E, Form W-8IMY, or received and the partnership does not use other means to Form W-8EXP from an entity payee that is claiming determine a partner's non-foreign status (only for section chapter 4 status as a participating FFI (including a 1446(a) withholding), the amount is treated as made to a reporting Model 2 FFI), registered deemed-compliant FFI foreign person and, unless an exception applies, (including a reporting Model 1 FFI and a sponsored FFI withholding applies as required under the regulations to described in the Treasury regulations under section section 1446(a) or 1446(f) (as applicable). 1471), direct reporting NFFE, sponsored direct reporting NFFE, or nonreporting IGA FFI required to provide a GIIN When To Request a New Form W-8 (as described earlier) that contains “Applied for” in the box Request a new Form W-8: for the GIIN, the payee must provide its GIIN within 90 • Before the expiration of the validity period of an existing days of providing the form. A Form W-8 from such a Form W-8 (when applicable); payee that does not include a GIIN, or includes a GIIN that • If the existing form does not support a claim for a does not appear on the published IRS FFI list, will be reduced rate of withholding or is incomplete with respect invalid for purposes of chapter 4 beginning on the date to any claim made on the form (such as may result, for that is 90 days after the date the form is provided. See example, from a new regulatory requirement relevant to Regulations section 1.1471-3(e)(3)(iii) and (iv). the Form W-8); or • If you know or have reason to know of a change in You may only accept a Form W-8BEN-E or Form circumstances that makes any information on the current W-8IMY with Part II completed if the entity shown in Part II form unreliable or incorrect for purposes of chapter 3 or 4 is an FFI that is a branch of the entity identified in Part II, (to the extent applicable) based on the claims made on line 1, and the branch is receiving a withholdable the form. payment, or if the entity shown in Part II is a disregarded Example. A foreign individual investor opens an entity that is identified in Part I, line 3, as receiving the account with a broker to purchase U.S. Treasury bonds payment. If you receive a Form W-8BEN-E or Form and provides Form W-8BEN to obtain the portfolio interest W-8IMY from a branch (other than a U.S. branch) or exemption. The investor does not complete Part II of Form disregarded entity described in the preceding sentence W-8BEN because he or she is not claiming treaty benefits. that is receiving a payment associated with the form, you Later, the investor purchases U.S. stock and claims treaty must verify the GIIN of the branch (unless the branch is benefits on dividend income. The withholding agent must treated as a nonparticipating FFI) or disregarded entity obtain a new Form W-8BEN at that time that provides the that is provided in Part II against the published IRS FFI list information required in Part II to be able to withhold based and not that of the entity identified in Part I, line 1. In such on the treaty claim and not at the 30% withholding tax a case, you may accept the form without a GIIN on line 9a rate. (for Form W-8BEN-E) or line 9 (for Form W-8IMY). If you receive a Form W-8BEN-E from a U.S. branch, the branch Changes in circumstances for chapter 4 purposes. may provide the GIIN of any other branch of the FFI For chapter 4 purposes, a change in circumstances (including the GIIN for the FFI’s residence country). A U.S. generally occurs when there is a change in a person’s branch providing a Form W-8IMY is not required to chapter 4 status. You must treat a Form W-8 as invalid provide a GIIN. when you know or have reason to know of a change in circumstances that affects the correctness of the form. Presumption Rules However, you may continue to treat an FFI as having the If you do not receive a valid Form W-8 or Form W-9 that same chapter 4 status that it had prior to the change in you may rely upon under the due diligence requirements, circumstances until the earlier of 90 days from the date of or cannot otherwise determine whether a payment should the change or the date that new documentation is be treated as made to a U.S. or foreign person, you must obtained. apply the presumption rules provided in the regulations. If You are not considered to have reason to know of a the payment is an amount subject to withholding under change in circumstances if an FFI’s chapter 4 status chapter 3 or 4 or a reportable payment under one of those changes solely because the jurisdiction where the FFI is sections or another relevant section under chapter 61 of resident, organized, or located is treated as having an IGA the Code, you must apply the presumption rules provided in effect or if the jurisdiction had a Model 2 IGA in effect in the Regulations under sections 1441, 1471, 6045, and and is later treated as having a Model 1 IGA in effect. If 6049 (as applicable). If the presumption rules are applied such change in circumstances occurs, the FFI may to treat a person as a foreign person, the statutory 30% provide you with oral or written confirmation (including by withholding rate applies to a payment subject to email) of its new chapter 4 status rather than providing a withholding under chapter 3 and cannot be reduced (for new Form W-8, and you must retain a record of this example, no treaty rate). You may not rely on the confirmation. presumption rules if you have actual knowledge that a If an FFI is resident, organized, or located in a higher withholding rate is applicable. If you determine that jurisdiction that is treated as having an IGA in effect, and you are making a withholdable payment to an entity and the jurisdiction’s status on the Treasury Department’s IGA cannot reliably associate the payment with a Form W-8 or list (located at Treasury.gov/resource-center/tax-policy/ other permitted documentation that is valid for chapter 4 treaties/pages/FATCA.aspx) is later updated to indicate purposes, you are required to treat the entity payee as a that it is no longer treated as having an IGA in effect, you nonparticipating FFI. If the payment is an amount subject will have reason to know of a change in circumstances to withholding under section 1446(a) or section 1446(f) for with respect to the FFI’s chapter 4 status on the date that which a valid Form W-9 (or acceptable substitute) is not -8- Inst. for the Requester of Forms W-8 (Rev. June 2022) |
Page 9 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the jurisdiction ceases to be treated as having an IGA in Example 2. An abbreviation of a country of residence effect. See Regulations section 1.1471-3(c)(6)(ii)(E)(3). If on Form W-8BEN is an inconsequential error if it is an such change in circumstances occurs, the FFI may ambiguous abbreviation and you have documentary provide you with oral or written confirmation (including by evidence supporting the beneficial owner's country of email) of its new chapter 4 status rather than providing a residence. For further information about withholding new Form W-8, and you must retain a record of this certificates that contain inconsequential errors, see confirmation. Regulations section 1.1441-1(b)(7)(iv) for chapter 3 purposes and Regulations section 1.1471-3(c)(7)(i) for Period of Validity chapter 4 purposes. Generally, a Form W-8 is valid from the date signed until Foreign TINs the last day of the third succeeding calendar year unless a If you are a U.S. office or branch of a depository change in circumstances occurs that makes any institution, custodial institution, investment entity, or information on the form incorrect. For example, a Form specified insurance company (each as defined in W-8BEN signed on September 30, 2022, generally Regulations section 1.1471-5(e)) documenting an account remains valid through December 31, 2025. However, holder (as defined in Regulations section 1.1471-5(a)(3)) under certain conditions, a Form W-8 will be valid of an account that is a financial account (as defined in indefinitely unless there has been a change in Regulations section 1.1471-5(b)), you must obtain the circumstances. For example, a Form W-8BEN and account holder’s TIN for its jurisdiction of tax residence documentary evidence supporting an individual’s claim of (FTIN) on a Form W-8 that is a beneficial owner foreign status (other than the portion of the form making a withholding certificate in order for the form to be valid for a claim for treaty benefits) are indefinitely valid if the form payment of U.S. source income reportable on Form and documentary evidence are provided within 30 days of 1042-S (as determined before the application of this each other. A Form W-8BEN-E and documentary requirement), unless: evidence supporting an entity’s claim of foreign status (other than the portion of the form making a claim for • The account holder is resident of a jurisdiction that is not listed in section 3 of Rev. Proc. 2020-15, 2020-23 treaty benefits) that are received by a withholding agent I.R.B. 905, which may be further updated in future before the validity period of either the form or the published guidance; documentary evidence would otherwise expire are indefinitely valid. A Form W-8IMY is valid indefinitely as • The account holder is resident in a jurisdiction that has been identified on the IRS's List of Jurisdictions That Do described in this paragraph, but see Notes for Validating Not Issue Foreign TINs, available at IRS.gov/businesses/ Form W-8IMY, later, for the validity period for a Form corporations/list-of-jurisdictions-that-do-not-issue-foreign- W-8IMY provided by a QDD. For further information on tins; the period of validity for a Form W-8 for chapter 3 purposes, see Regulations section 1.1441-1(e)(4)(ii), and • The account holder is a government (including a controlled entity that is a foreign government under for chapter 4 purposes, see Regulations section section 892), international organization, foreign central 1.1471-3(c)(6)(ii). The validity period for a Form W-8 bank of issue, or resident of a U.S. territory; or associated with an amount subject to withholding under section 1446(a) or an amount realized under section • You obtain a reasonable explanation for why the account holder has not been issued an FTIN (generally by 1446(f) is determined under the chapter 3 requirements the account holder checking an applicable box on the referenced in the preceding sentence. form). Forms Received That Are Not Dated or That A reasonable explanation that an account holder does Contain Inconsequential Errors or Omissions not have an FTIN must address why the account holder was not issued an FTIN only to the extent provided in the If a Form W-8 is valid except that the person providing the instructions for the applicable Form W-8. A reasonable form has not dated the form, you may date the form from explanation for not providing an FTIN includes checking the day you receive it and measure the validity period the applicable box signaling that you are not legally from that date. Generally, you may treat a withholding required to obtain an FTIN from your jurisdiction of certificate as valid if it contains an error or omission that is residence (including if the jurisdiction does not issue inconsequential and you have sufficient documentation on FTINs). If an account holder provides an explanation other file to supplement the missing information. However, a than or in furtherance of the one described in the failure to establish an entity type or make a required Instructions for the applicable Form W-8, you must certification is not inconsequential. determine whether the explanation is reasonable. In such Example 1. If an entity receiving a withholdable a case, you may accept this further (or other) explanation payment selects a certified deemed-compliant FFI status if it is written in the line on the form for an FTIN, in the on line 5 of Form W-8BEN-E but does not complete the margins of the form, or on a separate attached statement corresponding required certifications in Part V, the form is associated with the form. invalid for chapter 4 purposes. On the other hand, if you receive a Form W-8 for which the person signing the form You may rely on an FTIN provided on a Form W-8 does not also print a name before the signature when unless you know or have reason to know it is incorrect. required on the form, you are not required to treat the form You may also accept the FTIN on a separate statement as as incomplete if you have documentation or information provided in Regulations section 1.1441-1(e)(2)(ii)(B)(1). supporting the identity of the person signing the form. Inst. for the Requester of Forms W-8 (Rev. June 2022) -9- |
Page 10 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Alternative Certifications Under an Applicable of section 1446(a), or are a broker or transferee IGA documenting a transferor paid an amount realized under section 1446(f); if a payee claims foreign status for If you are an FFI subject to a Model 1 or Model 2 IGA purposes of domestic information reporting and backup using Form W-8BEN-E or Form W-8IMY to document withholding; or if you are an FFI using this form to account holders pursuant to the due diligence document an account for purposes of chapter 4. requirements of Annex I of an applicable IGA, you may request alternative certifications from your account holders in accordance with the requirements of, and Notes for Validating Form W-8BEN definitions applicable to, the IGA instead of the Line 6a and 6b (Foreign TIN). If you do not obtain an certifications on Form W-8BEN-E or W-8IMY. You should FTIN on line 6a (when required) and the account holder provide those certifications to account holders from whom has not checked line 6b, or provided a further (or other) you request a Form W-8BEN-E or W-8IMY, and the explanation for why the account holder has not been account holder should attach the completed certification issued an FTIN on a separate statement (see Foreign to the Form W-8BEN-E or W-8IMY in lieu of completing a TINs, earlier), you must treat the form as invalid for certification otherwise required. In such a case, you must payments of U.S. source income reportable on Form provide a written statement to the account holder stating 1042-S (as determined before the application of this that you have provided the alternative certification to meet requirement). your due diligence requirements under an applicable IGA and you must associate the certification with the Form Line 8 (Date of birth). If you are a U.S. office or branch W-8BEN-E or W-8IMY. of a depository institution, custodial institution, investment entity, or specified insurance company (each as defined in If you are a withholding agent (including an FFI), you Regulations section 1.1471-5(e)) documenting an may also request and rely upon an alternative certification individual account holder (as defined in Regulations from an entity account holder to establish that the account section 1.1471-5(a)(3)) of an account that is a financial holder is an NFFE (rather than a financial institution) account (as defined in Regulations section 1.1471-5(b)), under an applicable IGA. An entity providing such a you must obtain the individual account holder’s date of certification will still be required, however, to provide its birth on the Form W-8BEN in order for the form to not be chapter 4 status (that is, the type of NFFE) in Part I, line 5, invalid for a payment of U.S. source income reportable on as determined under the regulations if you are a Form 1042-S (as determined before the application of this withholding agent other than an FFI documenting an requirement). If the individual’s date of birth is not account holder under Annex I of an applicable IGA. For provided on the Form W-8BEN, the form is not invalid if example, if you are a U.S. withholding agent that receives you otherwise have the date of birth in your account files a Form W-8BEN-E or W-8IMY from an entity account for the account holder or you obtain the date of birth on a holder certifying to its status as a passive NFFE, you may written statement (including a written statement request a written certification that the entity is not a transmitted by email) from the account holder and financial institution as defined under the IGA applicable to associate the written statement with the Form W-8BEN. the entity and document it under the regulations by You may rely on the date of birth provided by an account obtaining the NFFE's certification of its chapter 4 status in holder unless you know or have reason to know it is Part I, line 5. In the case of an FFI documenting an incorrect. account holder under Annex I of an applicable IGA, however, a nonprofit organization treated as an active Line 10 (Special rates and conditions). If the beneficial owner is required to explain the additional NFFE under the Annex may provide an FFI with an conditions in the treaty that it meets to be eligible for the alternative certification that it is an NFFE that qualifies as rate of withholding on line 10, you may accept a brief a nonprofit organization under an applicable IGA. In such explanation for this purpose. You may accept a treaty a case, the nonprofit organization will not be required to claim without this explanation under an interest or check a box in Part I, line 5, and the FFI may treat the dividends (other than dividends subject to a preferential entity as an excepted NFFE. rate based on ownership) article of a treaty or other If you receive an alternative certification under an income article, unless such article requires additional applicable IGA described in the preceding paragraphs, representations. you may rely on such certification unless you know or See the Instructions for Form W-8BEN for further have reason to know the certification is incorrect. information for when a beneficial owner is required to complete line 10. For a beneficial owner that is claiming Rules for Specific Types of Forms treaty benefits for gain or income with respect to a PTP and that is subject to section 1446, the name of each PTP W-8 to which the claim relates must be identified. If the beneficial owner receives gain or income with respect to Form W-8BEN multiple PTPs, it may attach a separate statement to the You should request Form W-8BEN from any foreign form that identifies each PTP. If the beneficial owner individual for any of the purposes described previously in provides the separate statement after it has provided the these instructions. These purposes include if you are Form W-8BEN, it must indicate that the statement relates making a payment subject to chapter 3 withholding or a to the applicable form. withholdable payment; if you are a partnership (or nominee for a PTP) documenting a partner for purposes -10- Inst. for the Requester of Forms W-8 (Rev. June 2022) |
Page 11 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. A beneficial owner that is taxed on a remittance basis attached that includes all of the information required by and that is claiming treaty benefits with respect to a Part II for each branch/disregarded entity and you are able payment under a treaty must state this on line 10 and to allocate each payment to each branch/disregarded include the amount of income that was remitted to, and is entity associated with the form. See Requirements for taxable in, the treaty country. You may generally rely on Obtaining and Verifying a Global Intermediary the claim if you are remitting the payment to the treaty Identification Number (GIIN), earlier, for when a GIIN is country (or you know that another withholding agent is required when Part II is completed. doing so) or if you maintain the account for the claimant in Part III (Claim of Tax Treaty Benefits), line 14b. An the treaty country, subject to any due diligence entity claiming a reduced rate of withholding under an requirements applicable to validating a claim of residency income tax treaty that contains a limitation on benefits in a treaty jurisdiction (see Limitations on reason to know (LOB) article must identify the LOB provision that it for certain entities, earlier). In certain cases, you may also satisfies by checking one of the boxes on line 14b. In be able to use the adjustment to overwithholding general, the entity is only required to check one box, even procedures in Regulations section 1.1461-2(a) to repay a if it satisfies more than one provision. If the applicable beneficial owner that establishes remittance of the treaty has no LOB article, the entity must check the box payment to the treaty country after you make the payment. indicating no LOB article in the treaty. You may rely on the Form W-8BEN-E entity’s claim on line 14b unless you have actual knowledge that the claim is incorrect. You should request Form W-8BEN-E from any foreign entity for the purposes described previously in these Part III, line 15 (Special rates and conditions). If the Instructions for Form W-8BEN or if the payee is to beneficial owner is required to explain the additional establish that certain income from notional principal conditions in the treaty that it meets to be eligible for the contracts is not effectively connected with the conduct of rate of withholding on line 15, you may accept a brief a U.S. trade or business (for reporting on Form 1042-S). explanation. You may accept a treaty claim without this See Regulations section 1.1441-4, and Notional principal explanation under an interest or dividends (other than contracts reportable on Form 1042-S, later. dividends subject to a preferential rate based on ownership) article of a treaty or other income article, Notes for Validating Form W-8BEN-E unless such article requires additional representations. See the Instructions for Form W-8BEN-E for further Part I, line 4 (Chapter 3 Status). If you receive a Form information for when a beneficial owner is required to W-8BEN-E from an entity that indicates in Part I, line 4, complete line 15. For a beneficial owner that is claiming that it is a disregarded entity, partnership, simple trust, or treaty benefits for gain or income with respect to a PTP grantor trust, and the entity has checked “No” in Part I, that is subject to withholding under section 1446(a) or (f), line 4 (regarding the entity’s claim of treaty benefits), you the name of each PTP to which the claim relates must be should not accept the Form W-8BEN-E if the form is used identified. If the beneficial owner receives gain or income only with respect to reportable amounts or withholdable with respect to multiple PTPs, it may attach a separate payments. In such a case, you should request the entity statement to the form that identifies each PTP. If the complete a Form W-8IMY if the entity is a partnership, beneficial owner provides the separate statement after it simple trust, or grantor trust, or have the owner of a has provided the Form W-8BEN-E, it must indicate that disregarded entity complete the appropriate Form W-8. If the statement relates to the applicable form. you are an FFI documenting an entity account holder solely for chapter 4 purposes (that is, you are not required Part X (Owner-Documented FFI), line 24. You may to document the payee for purposes of withholding or accept this certificate and treat an entity as an domestic information reporting), the entity does not need owner-documented FFI only if you are a designated to provide a chapter 3 status on line 4 of the form. For withholding agent under the chapter 4 regulations. Also, purposes of section 1446, however, you may accept a an owner-documented FFI that is a nonreporting IGA FFI Form W-8BEN-E from a simple trust. must check “Owner-Documented FFI” (and not “Nonreporting IGA FFI”) on line 5 and complete Part X. Part I, lines 9b, and 9c (Foreign TIN). If you do not You may accept a Form W-8BEN-E from an entity obtain an FTIN on line 9b (when required) and the claiming status as an Owner-Documented FFI that does account holder has not checked line 9c, provided a further not check box 24d in Part X regardless of whether you (or other) explanation for why the account holder has not know that the entity is a trust that has one or more been issued an FTIN on a separate statement (see contingent beneficiaries. Foreign TINs, earlier), you must treat the form as invalid for payments of U.S. source income reportable on Form Form W-8ECI 1042-S (as determined before the application of this You should request Form W-8ECI from any foreign person requirement). or organization to which you are making a payment Part II (Disregarded Entity or Branch Receiving Pay- subject to withholding under chapter 3 or 4 if it is the ment). If you are making payments to multiple branches/ beneficial owner of the income (or an entity engaged in a disregarded entities that would be completing Part II, and U.S. trade or business submitting the form on behalf of its the Part I information for each branch/disregarded entity is owners, partners, or beneficiaries) and claims that the the same, instead of obtaining separate Forms W-8BEN-E income is effectively connected with the conduct of a with respect to each branch/disregarded entity, you may trade or business in the United States. However, if you are accept a single Form W-8BEN-E with a separate schedule a partnership (or nominee for a PTP interest), you should Inst. for the Requester of Forms W-8 (Rev. June 2022) -11- |
Page 12 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. request a Form W-8BEN or W-8BEN-E (as applicable) amount under section 871(m)). However, if the income is from a foreign partner that is allocated income that is ECTI effectively connected with the conduct of a U.S. trade or for purposes of withholding under section 1446(a). business, it is reportable by you on Form 1042-S Nevertheless, a foreign partner that has made an election (regardless of whether the payment is U.S. source under section 871(d) or section 882(d) must provide that income). You must treat income as effectively connected election to the partnership along with a Form W-8ECI. with the conduct of a U.S. trade or business, even if a Form W-8ECI has not been received, if the income is paid An exception from section 1446(f) withholding applies to a qualified business unit of a foreign person located in to a foreign dealer that transfers a PTP interest if the the United States or if the income is paid to a qualified foreign dealer provides Form W-8ECI and makes the business unit of a foreign person located outside the certifications set forth on line 12 of such form. See United States and you know, or have reason to know, that Regulations section 1.1446(f)-4(b)(6). You may rely on the the payment is income effectively connected with the certifications made by the dealer for this purpose unless conduct of a U.S. trade or business. However, a payment you have actual knowledge they are unreliable or is not treated as income effectively connected with the incorrect. conduct of a U.S. trade or business if the payee provides If you receive a Form W-8ECI without a U.S. TIN a Form W-8BEN-E representing that the payment is not entered on line 7, you may not rely on Form W-8ECI to income effectively connected with a U.S. trade or treat the income as effectively connected with a U.S. trade business or makes a representation in a master or business and you must apply the appropriate agreement that governs the transactions in notional presumption rules or obtain another Form W-8 for the principal contracts between the parties (for example, an payee that you may rely upon. If you receive a Form International Swaps and Derivatives Association W-8ECI without an FTIN on line 8a when required and the agreement), or in the confirmation on the particular account holder has not checked line 8b, or provided a notional principal contract transaction, that the payee is a reasonable (or other) explanation for why the account U.S. person or a non-U.S. branch of a foreign person. holder has not been issued an FTIN on a separate Payments to certain U.S. branches treated as effec- statement when required (see Foreign TINs, earlier), you tively connected income. If you make a payment to a must treat the form as invalid for payments of U.S. source U.S. branch of a foreign bank or insurance company that income reportable on Form 1042-S (as determined before does not provide a withholding certificate but has provided the application of this requirement). an employer identification number (EIN), the payment is Your receipt of Form W-8ECI serves as a presumed to be effectively connected with the conduct of representation by the payee or beneficial owner that the a trade or business within the United States even if the items of income identified on line 11 are effectively foreign person (or its U.S. branch) does not give you a connected with the conduct of a trade or business within Form W-8ECI. If you do not obtain a Form W-8ECI or the the United States. Therefore, if a beneficial owner U.S. branch’s EIN, the income paid cannot be treated as provides you with a Form W-8ECI, you may treat all of the income effectively connected with a U.S. trade or U.S. source income identified on line 11 paid to that business. beneficial owner as effectively connected with the conduct of a trade or business within the United States and not as Form W-8EXP a withholdable payment for purposes of chapter 4. You should request Form W-8EXP from any foreign Accordingly, a chapter 4 status is not required for a payee government, international organization, foreign central who provides a valid Form W-8ECI unless you are an FFI bank of issue, foreign tax-exempt organization, foreign requesting a Form W-8ECI from an account holder for private foundation, or government of a U.S. possession to purposes of your chapter 4 due diligence requirements. which you are making a payment of an amount subject to If you pay items of income that are not identified on chapter 3 withholding if such person is claiming an line 11 by the beneficial owner as effectively connected exemption from withholding under sections 1441, 1442, with the conduct of a trade or business within the United and 1443 pursuant to section 115(2), 501(c), 892, or 895, States, you are generally required to obtain another type or claiming a rate of withholding under section 1443(b). of Form W-8 from the beneficial owner. Except as provided below, you should request Form W-8EXP from a person claiming an exemption from Generally, you may not treat an amount otherwise withholding under chapter 4 as an exempt beneficial subject to withholding under chapter 3 or 4 as income owner or tax-exempt organization under section 501(c) or effectively connected with the conduct of a trade or that is claiming any other chapter 4 status shown on the business within the United States unless the beneficial form when also claiming a chapter 3 status described in owner gives you a valid Form W-8ECI. However, there are the preceding sentence. In certain cases, a GIIN may be exceptions (described below) for income paid on notional required based on the chapter 4 status claimed on the principal contracts and payments made to certain U.S. form. See Requirements for Obtaining and Verifying a branches. Global Intermediary Identification Number (GIINs), earlier. Notional principal contracts reportable on Form If you are an FFI documenting an account holder that is 1042-S. Withholding at a 30% rate is not required on a tax-exempt organization or exempt beneficial owner amounts paid under the terms of a notional principal (each as defined for chapter 4 purposes) to which you do contract whether or not a Form W-8ECI is provided not pay amounts subject to withholding under chapter 3, (except when a payment made under such contract is you may require that the account holder complete Form U.S. source income, such as a dividend equivalent -12- Inst. for the Requester of Forms W-8 (Rev. June 2022) |
Page 13 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. W-8BEN-E (rather than Form W-8EXP) to establish its with respect to payments of U.S. source substitute status for chapter 4 purposes. dividends made in 2022 and may be relied upon A Form W-8EXP submitted by a foreign person that is a regardless of whether the QSL acts as an intermediary partner in a partnership for purposes of withholding under with respect to substitute dividends associated with the sections 1441 through 1443 will also establish that form. You may accept a Form W-8IMY from an individual partner's foreign status for purposes of section 1446. acting as an agent or intermediary (as appropriately However, except as provided in Regulations section amended to account for individual status), but you are not 1.1446-3(c)(3) (regarding certain tax-exempt required to obtain such form if you are able to associate organizations described in section 501(c)), the payments you make to the person(s) for whom the submission of Form W-8EXP will have no effect on individual acts. whether the partner is subject to withholding under section You may accept multiple Forms W-8IMY from an 1446(a). intermediary that is acting in multiple capacities (for You may treat a payee as an international organization example, as a QI for one account but an NQI or QDD for without requiring a Form W-8EXP if the payee is another account). However, a QI may provide you with a designated as an international organization by an single Form W-8IMY that covers more than one category executive order (pursuant to 22 U.S.C. 288 through of QI shown on the form, provided that it properly 288(f)) and other facts surrounding the payment identifies to you the accounts and/or transactions on a reasonably indicate that the beneficial owner of the withholding statement. Thus, for example, a QI may payment is an international organization. With regard to provide a single Form W-8IMY when acting as both an amounts derived from bankers' acceptances for chapter 3 intermediary and as a QDD with respect to payments you purposes, you may treat a payee as a foreign central bank make to the QI (by checking each applicable box in Part III of issue without requiring a Form W-8EXP if the name of of the form). You may accept a single Form W-8IMY, the payee and other facts surrounding the payment including a withholding statement with the required reasonably indicate that the beneficial owner of the information. For multiple branches of the entity providing payment is a foreign central bank of issue. the form if the information in Part I is the same for each branch and a separate schedule is attached that includes A U.S. TIN is required if the beneficial owner is claiming all of the Part II information on each branch and sufficient an exemption or reduced rate of withholding based solely information to associate the payments with each branch on a claim of tax-exempt status under section 501(c) or and any other required information. private foundation status. However, a U.S. TIN is not required from a foreign private foundation that is subject to The chapter 4 status of an intermediary or flow-through the 4% excise tax on gross investment income (under entity is required on Part I of the form if the form is section 4948(a)) that would be exempt from withholding associated with a withholdable payment. Part II must be except for section 4948(a) (for example, portfolio interest). completed when a withholdable payment is made to a If you receive a Form W-8EXP without an FTIN (or a branch or disregarded entity described in Part II of the reasonable explanation for why the account holder has form. not been issued an FTIN) on line 8b (or on a separate Generally, for purposes of both chapters 3 and 4, statement) when required (see Foreign TINs, earlier), you except to the extent otherwise provided in the Regulations must treat the form as invalid for payments of U.S. source under section 1441 or 1471, a Form W-8IMY must be income reportable on Form 1042-S (as determined before associated with a withholding statement and withholding the application of this requirement). certificates (or documentary evidence, where permitted) for the beneficial owners. Generally, the withholding Form W-8IMY statement must allocate the payment to each payee (or For purposes of chapter 3 and 4, you should request Form pool of payees, where permitted, as described later), W-8IMY from any entity that is a QI (including a QI acting provide the rate of withholding for each payee (or pool of as a QDD), an NQI (including certain U.S. branches and payees), and provide certain identification information on territory financial institutions), a withholding foreign each payee that is not included in a pool. See, however, partnership (WP), a withholding foreign trust (WT), or a Regulations section 1.1441-1(e)(3)(iv)(C)(3) for the flow-through entity to which you make a withholdable allowance for a withholding agent to accept an alternative payment or pay a reportable amount. A flow-through entity withholding statement from an NQI (which also applies to for purposes of chapters 3 and 4 includes a foreign a flow-through entity) for purposes of chapter 3 or 4. Also partnership (other than a WP), a foreign simple or grantor see the Instructions for Form W-8IMY for information on trust (other than a WT), and, for any payments for which a the box that an NQI may check on the form when treaty benefit is claimed, any entity to the extent it is providing an alternative withholding statement. treated as fiscally transparent under the laws of the treaty jurisdiction, as provided in section 894 and the regulations If you are a participating FFI or registered thereunder (without regard to whether it is fiscally deemed-compliant FFI, you may also request Form transparent under the laws of the United States). See W-8IMY from an intermediary or flow-through entity that is Section 1446 Requirements, later, for when an an account holder to establish its chapter 4 status or intermediary, partnership or trust is required to provide a status under an applicable IGA even when no payments Form W-8IMY for purposes of sections 1446(a) and (f). As subject to withholding or domestic information reporting provided in Notice 2020-2, Form W-8IMY may also be under chapter 61 are made to the account. In such a case, provided by an entity to claim chapter 3 status as a QSL a withholding statement is not required. Inst. for the Requester of Forms W-8 (Rev. June 2022) -13- |
Page 14 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Notes for Validating Form W-8IMY the necessary information with respect to the treaty claim required in Part III of Form W-8BEN-E and its FTIN (when In addition to the validation requirements for Forms otherwise required) on a QDD withholding statement or W-8IMY described directly below with respect to QIs separate statement. In such case, the portion of the (including QDDs), flow-through entities, NQIs, U.S. certificate making a claim for treaty benefits is valid until branches, territory financial institutions, and QSLs the end of the third calendar year following the year in providing the form (requirements that apply for chapters 3 which the Form W-8IMY is signed (unless a change in and 4 and Form 1099 reporting), see Section 1446 circumstances occurs sooner), and the validation rules for Requirements, later, if you pay an amount realized or an a treaty claim apply. A QDD may instead provide a amount distributed by a PTP (PTP distribution) to any of separate Form W-8BEN-E to make the treaty claim. You these entities, or are otherwise a partnership determining may otherwise treat a Form W-8IMY provided by a QDD its withholding under section 1446(a). (other than a flow-through entity or disregarded entity) as QIs, WPs, and WTs (in general). A QI, WP, or WT a beneficial owner withholding certificate for establishing acting in its capacity as such must provide the EIN that foreign status of the QDD for a payment of U.S. source was issued to the entity in such capacity (that is, its FDAP income (as long as the QDD provides its FTIN QI-EIN, WP-EIN, or WT-EIN) on Form W-8IMY and not (when otherwise required) on a QDD withholding any other EIN it may have in its NQI, nonwithholding statement or a separate statement). A QDD that is foreign partnership, or nonwithholding foreign trust receiving payments that it beneficially owns that are not capacity. Because status as a QI, WP, or WT for a covered by its QI agreement should provide the financial institution is limited to certain classes of FFIs, if appropriate Form W-8 based on its status (and not Form you are making a withholdable payment to a QI, WP, or W-8IMY). The QDD must provide to you a withholding WT that is a financial institution, you must verify that the statement to identify the home office or branch that is QI, WP, or WT certifies its status as one of the permitted treated as the owner for U.S. income tax purposes and, in classes in Regulations sections 1.1441-1(e)(5)(ii) (for a certain circumstances (described in the Instructions for QI), 1.1441-5(c)(2)(ii) (for a WP), or 1.1441-5(e)(5)(v) (for Form W-8IMY), the QDD’s FTIN (or a reasonable a WT) and provides its GIIN (except in the case of certain explanation for why it has not been issued an FTIN, if foreign central banks of issue and retirement funds). required). Notwithstanding the preceding sentence, a If a QI checks line 15f of Part III of the form to certify QDD withholding statement need not identify the branch that it assumes primary Form 1099 reporting and backup or home office of the QDD if the form is provided only for withholding responsibility, you may accept the form even if payments beneficially owned by the QDD (and an FTIN is you do not know if there are any U.S. accounts receiving provided when required). See Foreign TINs, earlier, for reportable payments at the time of the certification. If a QI when you must treat the form as invalid if an FTIN or does not check line 15f or 15g of Part III of the form, you reasonable explanation is not provided. must confirm that the QI is not receiving payments for U.S. QIs assuming withholding on payments of accounts that are reportable on Form 1099, and the QI substitute interest. If a QI represents its status as a QI must provide an updated Form W-8IMY or must provide a on a Form W-8IMY with respect to payments of interest withholding statement if it allocates payments to such and substitute interest and checks line 15e of Part III of accounts for which it does not assume primary the form, you may treat the QI as assuming withholding for withholding responsibility. A QI may check line 15i of Part payments of interest and substitute interest it receives III of the form to indicate that it allocates a portion of the from you in connection with a sale-repurchase or similar payment to a chapter 4 withholding rate pool of U.S. agreement, a securities lending transaction, or collateral payees that includes account holders of another that the QI holds in connection with its activities as a intermediary or flow-through entity even if the withholding dealer in securities. You may accept this representation statement does not show any intermediaries or regardless of whether the QI represents it acts as a QDD flow-through entities at the time the certification is (by checking line 16a in Part III). The representation on provided. However, a QI is not required to check line 15i Line 15e does not apply to payments made to a QI when of Part III of the form until it provides a withholding acting as a QDD. statement identifying an intermediary or flow-through QSLs. If you make payment of a U.S. source substitute entity that receives a payment allocated to a chapter 4 dividend to a QSL (prior to January 1, 2023), the QSL is withholding rate pool of U.S. payees. required to provide its U.S. TIN. If you make a payment to QIs acting as QDDs. You should only accept a Form a QSL (prior to January 1, 2023) that is a withholdable W-8IMY from a QI acting as a QDD to the extent you are payment, you must collect a Form W-8IMY that includes making payments with respect to potential section 871(m) the QSL’s chapter 4 status and GIIN (as applicable) to transactions or underlying securities to the QDD when the avoid withholding under chapter 4. A QSL that is a QI entity claims QDD status in Part III of the form. A QDD should check line 15d of Part III of the form and a QSL that must indicate its entity classification on line 16b of the is an NQI should check line 17d of Part IV of the form form. If you are making such payment that is an amount regardless of whether the QSL acts as an intermediary. subject to chapter 3 withholding to a QI that is acting as a You may not associate a Form W-8IMY from a QSL with a QDD and the QDD is claiming treaty benefits applicable to payment of a substitute dividend on or after January 1, the status identified on line 16b on the payment, you may 2023, and you should obtain a revised withholding treat the Form W-8IMY as a beneficial owner withholding certificate. certificate and provide such benefits if the QDD provides a statement associated to the Form W-8IMY that includes -14- Inst. for the Requester of Forms W-8 (Rev. June 2022) |
Page 15 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For information on transition rules that apply until 2023 An intermediary or flow-through entity that is a for withholding agents to apply with respect to QSLs, see participating FFI or registered deemed-compliant FFI may Notice 2020-2. provide a status for chapter 4 purposes found under the requirements of (and documentation or information that is U.S. branches. If you make a payment to a U.S. branch publicly available that determines the chapter 4 status of of a foreign bank or insurance company that represents the payee permitted under) an applicable IGA for an that it is acting as an intermediary and has agreed to be account holder, and you may rely upon such status and treated as a U.S. person, for chapter 3 and 4 for payments documentation, provided that you have the information associated with this form (by checking line 19a in Part VI necessary to report on Form 1042-S. Additionally, see of this form) you are not required to obtain the GIIN or Alternative Certifications Under an Applicable IGA, earlier, chapter 4 status of the entity, but you must obtain the U.S. for further details on alternative certifications. branch’s EIN. If you make a withholdable payment to a U.S. branch of an FFI that is acting as an intermediary and In general, if you make a withholdable payment to an that does not agree to be treated as a U.S. person, the intermediary or flow-through entity that is a participating branch must provide its EIN (but does not need to provide FFI or registered deemed-compliant FFI, the FFI may a GIIN or chapter 4 status) and certify that the branch is provide an FFI withholding statement that allocates a applying the rules described in Regulations section portion of the payment to a chapter 4 withholding rate 1.1471-4(d)(2)(iii)(C) by checking the box on line 19c in pool. If an intermediary provides with its Form W-8IMY an Part VI of the form. If you do not obtain the certification FFI withholding statement that allocates a portion of the from a U.S. branch described in the preceding sentence, payment to a chapter 4 withholding rate pool of U.S. you must treat the branch as a nonparticipating FFI and payees, the FFI must provide a chapter 4 status on line 5. withhold under chapter 4 on withholdable payments made If the intermediary described in the preceding sentence is to the branch. You are not required to treat as invalid a an NQI, it must provide the certification required in Part IV Form W-8IMY from an account holder that completes Part with respect to its compliance with the requirements of VI of the form (to the extent required) but does not Regulations section 1.6049-4(c)(4) (or similar complete Part II of the form. requirements under chapter 61 for a payment other than interest). If the intermediary is a QI, it must certify that it Territory financial institutions acting as intermedia- meets the requirements of Regulations section ries. If you make a payment to a territory financial 1.6049-4(c)(4)(iii) and, to the extent the U.S. payees are institution acting as an intermediary, you must obtain the account holders of an intermediary or flow-through entity territory financial institution’s EIN if it agrees to be treated receiving a payment from the QI, the QI has obtained or as a U.S. person for chapters 3 and 4 for payments will obtain documentation sufficient to establish each such associated with this form (by checking line 18b of Part V of intermediary or flow-through entity status as a the form). You are not required to obtain a GIIN from a participating FFI, registered deemed-compliant FFI, or FFI territory financial institution. that is a QI. An allocation of a payment shown on a Participating FFIs and registered deemed-compliant withholding statement and made on or after April 1, 2017, FFIs that are flow-through entities or acting as inter- to an NQI, nonwithholding foreign partnership, or mediaries. If a participating FFI or registered nonwithholding foreign trust of an amount subject to deemed-compliant FFI that is an intermediary or chapter 3 withholding to a chapter 4 withholding rate pool flow-through entity provides you with a withholding of U.S. payees must identify the payees consistent with statement and documentation for its account holders or the description in Regulations section 1.1471-3(c)(3)(iii) payees, you are not required to verify the information on (B)(2)(iii) (describing account holders of an FFI that is a the account holders or payees provided in the non-U.S. payor that are not subject to withholding under documentation for chapter 4 purposes unless the chapter 3 or 4 or under section 3406, and that are holders information in the documentation is facially incorrect, and of U.S. accounts reported by the FFI under its Foreign you are not required to obtain additional documentation Account Tax Compliance Act (FATCA) requirements as a for an account holder or payee in addition to the participating FFI or registered deemed-compliant FFI). withholding certificate unless you are obtaining the documentation for purposes of chapter 3 or 61, or unless Section 1446 Requirements you know that the documentation review conducted by the Section 1446(a) requirements in general. You participating FFI or registered deemed-compliant FFI was should request Form W-8IMY for purposes of section not adequate for purposes of chapter 4. See Regulations 1446(a) only from a foreign upper-tier partnership or section 1.1441-7(b)(10) for the due diligence foreign grantor trust or from a simple trust if you do not requirements for indirect account holders for purposes of obtain a Form W-8BEN-E from the trust. You may also chapter 3 and see Regulations section 1.1471-3(e)(4)(vi) accept a Form W-8IMY from a foreign intermediary (B) for standards that apply in such case to determine holding a partnership interest for a partner (including a whether chapter 4 withholding applies. You may rely on partner that is an upper-tier partnership or trust) for documentation that does not include a chapter 4 status for determining your withholding under section 1446(a). an account holder of an intermediary or flow-through Generally, for purposes of section 1446(a), the Form entity that is an FFI when the withholding statement W-8IMY submitted by these entities is used to transmit the provided by such entity indicates that the payment is forms of the owners of these entities (excluding a made to an account excluded as a financial account under partnership that is a PTP and a simple trust when a Form Regulations section 1.1471-5(b)(2). W-8IMY is provided). The other forms should be accompanied with the information necessary to reliably Inst. for the Requester of Forms W-8 (Rev. June 2022) -15- |
Page 16 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. associate your effectively connected partnership items purposes of withholding on an amount realized on the with the upper-tier partners, in the case of a foreign distribution (that is, you must withhold at the 10% rate on upper-tier partnership, and the grantor or other owner, in an amount to which section 1446(f) applies without regard the case of a foreign grantor trust. Then you must look to underlying payee information). through these entities to the beneficial owners when You may also accept a Form W-8IMY that is associated determining your section 1446(a) tax obligation. A with a PTP distribution from a U.S. branch that acts as domestic upper-tier partnership may also provide you this nominee for a PTP distribution by checking line 19e. If the information by attaching it to a Form W-9 with a statement U.S. branch does not act as a nominee for the distribution that it is electing to apply these look through rules. Under by checking line 19f, you may rely on specific payee those circumstances you may, but are not required to, pay documentation provided by the U.S. branch with the form the section 1446(a) withholding tax of the foreign partners to the same extent described in the preceding paragraph of the domestic upper-tier partnership. See Regulations with respect to an NQI to which you pay a PTP section 1.1446-5. distribution. You must apply similar rules in the case of a Section 1446(a) (PTP Distributions). Form W-8IMY associated with the distribution that is Notwithstanding the preceding paragraph, for an amount provided by a territory financial institution. subject to section 1446(a) withholding on a PTP Although you may accept a Form W-8IMY that is distribution, you may accept a Form W-8IMY from a QI associated from a PTP distribution from an entity that that acts as a nominee for the distribution by checking represents its status as a WP or WT, you may not treat the lines 14 and 15c. In such a case, you must treat the QI as entity as a WP or WT except for the amount of the assuming all withholding on the distribution (that is, distribution subject to withholding under chapter 3 or 4. amounts subject to chapters 3 and 4 withholding on the For a nonwithholding partnership or trust to which you pay distribution in addition to amounts subject to sections a PTP distribution that checks line 21b, see Section 1446 1446(a) and (f) withholding on the distribution). You may Requirements, earlier. See the requirements of chapters accept this representation regardless of whether the QI 3, 4 and section 1446(f) for when you can rely on partner, assumes primary withholding for other payments subject owner or beneficiary information for amounts subject to to chapters 3 and 4 withholding by checking line 15a. You withholding under those provisions on a PTP distribution. may also accept a Form W-8IMY that is associated with a Section 1446(f) (PTP interest transfer). For PTP distribution from any entity that represents its status purposes of section 1446(f), you should request a Form as a QI on line 14 but that does not check line 15c for W-8IMY from a partner that is a foreign partnership that purposes of your relying on chapters 3 and 4 withholding transfers an interest in a partnership if you are either the rate pool information provided by the QI (similar to a case transferee of the interest (for a partnership other than a in which a QI does not assume primary withholding for PTP) or a broker for the partner that sells a PTP interest. chapters 3 and 4 purposes except that each U.S. partner You should request the Form W-8IMY from the foreign must be disclosed). A QI that represents its status as a QI partnership regardless of whether the partnership on line 14 of a Form W-8IMY that is associated with a PTP provides with the form the partner information for allowing distribution may instead, however, act as a disclosing QI withholding on a modified amount realized under for the distribution by not acting as a nominee and Regulations section 1.1446(f)-2(c) or 1.1446(f)-4(c). See providing specific payee information to you with its the Instructions for Form W-8IMY for requirements withholding statement with respect to its account holders regarding a withholding statement for purposes of the that are partners in the PTP (and may only provide modified amount realized procedures (which requires a chapter 4 withholding rate pool information when withholding statement allocating gain from the transfer). permitted under chapter 4 for a withholdable payment). For a partner that is a foreign grantor trust, you should You may not, however, rely on an allocation of a PTP request a Form W-8IMY from the trust and either a Form distribution made to a chapter 4 withholding rate pool of W-8 or W-9 with respect to each grantor or owner of the U.S. payees (that is, each U.S. partner must be trust (as the grantor/owner is the transferor). Alternatively, disclosed). Regardless of whether the QI acts as a you may request the Form W-8 or W-9 directly from each disclosing QI, you must determine each amount subject to grantor or owner. For a partner that is a foreign simple withholding on the PTP distribution by reference to the trust, you may request either a Form W-8IMY or qualified notice issued for the distribution (or, if you W-8BEN-E from the trust; you do not need to request a receive the distribution from a nominee, the nominee's withholding statement or underlying documentation for the determination) rather than relying on a determination of trust beneficiaries, however, as the simple trust is the those amounts by the QI (to avoid withholding under the transferor and may not use the modified amount realized default rule in Regulations section 1.1446-4). procedures described earlier in this paragraph. If the entity checks its status as an NQI in box 17a of If you are a broker paying an amount realized from the Part IV, you must treat the entity as an NQI for a PTP sale of a PTP interest to a broker that is a foreign person, distribution that is associated with the form. For you should request a Form W-8IMY from the broker when determining your withholding on the distribution, you may withholding under section 1446(f) may apply (or otherwise rely on specific payee information provided by the NQI obtain a Form W-9 from a U.S. broker when required). If with respect to the partners allocated the distribution on a the foreign broker is a QI (by checking line 14), you may withholding statement provided with the form and accept a Form W-8IMY when the QI represents that it chapter 4 withholding rate pool information to the extent assumes primary withholding for the amount realized by permitted for a QI (as described directly above), but may checking line 15b. You may also accept a Form W-8IMY not rely on that information and withholding statement for -16- Inst. for the Requester of Forms W-8 (Rev. June 2022) |
Page 17 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. that is associated with an amount realized from the sale of with the Form W-8BEN-E for the hybrid entity. Line 10 of a PTP interest from any entity that represents its status as the Form W-8BEN-E may be used by the hybrid entity to a QI on line 14 that does not check line 15c for purposes associate the Forms W-8. of relying on chapter 3 withholding rate pool information provided by the QI (similar to a case in which a QI does A foreign reverse hybrid entity is an entity that is a not assume primary withholding for a PTP distribution). corporation for U.S. tax purposes but is fiscally You may instead rely on specific payee information transparent under the tax laws of a country with which the provided by a QI that acts as a disclosing QI for an United States has an income tax treaty. If a foreign amount realized (or a chapter 4 withholding rate pool reverse hybrid entity is receiving a payment for which the when permitted for chapter 4). If the foreign broker is an entity is claiming a reduced rate of withholding for its NQI, you may accept a Form W-8IMY associated with an owners, you must obtain from the entity a Form W-8IMY amount realized when the NQI checks box 17a, although (including its chapter 4 status if the payment is a you must determine your withholding under section withholdable payment) along with a withholding statement 1446(f) without regard to whether the NQI provides and documentation for each owner for which the entity specific payee information with respect to the partners claims treaty benefits. If a foreign reverse hybrid entity is allocated the amount. See the Instructions for Form receiving a withholdable payment and is not claiming W-8IMY for when you may rely on payee information treaty benefits on behalf of any of its owners, you should provided by an NQI solely for purposes of reporting on the obtain only a Form W-8BEN-E from the entity to establish payees on Form 1042-S. This same withholding its chapter 4 status. requirement (and reporting allowance) applies to a broker that is a U.S. branch or territory financial institution that Substitute Forms W-8 for Payments provides a Form W-8IMY for an amount realized from the sale of a PTP interest and does not act as a U.S. person of Reportable Amounts and for the amount by checking line 19d (for a U.S. branch) or Withholdable Payments line 18d (for a territory financial institution). You may develop and use your own Form W-8 (a In the case of a PTP distribution, you need not substitute form) for chapters 3 and 4 purposes and for TIP withhold under section 1446(f) in any case section 1446(a) and (f) purposes if its content is described in Section 1446(a) (PTP distributions) substantially similar to the IRS's official Form W-8 (to the above (or on any other transferor) when the PTP does not extent required by these instructions), it satisfies certain indicate on the qualified notice for the distribution an certification requirements, and it includes a signature amount that is in excess of its cumulative net income. See under a penalties of perjury statement that is identical to Regulations section 1.1446(f)-4(c)(2). See, however, the one stated on the official form. You may develop and Regulations section 1.1446-4(d)(1) for withholding use a substitute form that is in a foreign language, requirements when a nominee does not receive a provided that you make an English translation of the form qualified notice or the notice does not specify an amount and its contents available to the IRS upon request. You included in a distribution. may combine multiple Forms W-8 into a single substitute form. Requirements for Hybrid and Reverse Hybrid A form that satisfies these substitute forms Entities requirements may be treated as a similar agreed form for A hybrid entity is an entity that is treated as fiscally purposes of an applicable IGA unless the partner transparent under the Code but is not treated as fiscally jurisdiction declines such treatment. transparent under the tax laws of a country with which the United States has an income tax treaty. A substitute form does not need to contain all of the provisions contained on the official form, so long as it If you are making a payment to a foreign hybrid entity contains those provisions that are relevant to the that is making a claim for treaty benefits on its own behalf, transaction for which it is furnished. You may omit the the hybrid entity should provide a Form W-8BEN-E to chapter 4 certifications on your substitute form if such claim treaty benefits. If the hybrid entity is a flow-through certifications are not required based on the payments entity (not a disregarded entity) claiming treaty benefits on made to the payees. If you are an FFI documenting the its own behalf on a payment that is a withholdable chapter 4 status of your account holders under your payment, it should also provide you a Form W-8IMY chapter 4 requirements or an applicable IGA, however, (including its chapter 4 status) along with a withholding you may not omit the chapter 4 certifications. If you are statement (if required) establishing the chapter 4 status of making a withholdable payment, you may choose to each of its partners or owners to determine whether provide a substitute form that does not include all of the withholding applies to any portion of the payment. chapter 4 statuses provided on the Form W-8, but the Allocation information is not required on this withholding substitute form must include any chapter 4 status for statement unless one or more partners or owners are which withholding may apply. subject to chapter 4 withholding. If the hybrid entity is a disregarded entity claiming treaty benefits on a payment You may incorporate a substitute Form W-8 into other that is a withholdable payment, unless the disregarded business forms you customarily use, such as account entity is treated as the payee for chapter 4 purposes and signature cards, provided the required certifications are has its own GIIN, the single owner should provide a Form clearly set forth. However, you may not: W-8BEN-E or Form W-8BEN (as applicable) to you along Inst. for the Requester of Forms W-8 (Rev. June 2022) -17- |
Page 18 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. Use a substitute form that requires the payee, by If the substitute form is incorporated into other business signing, to agree to provisions unrelated to the required forms, the following statement must be presented in the certifications; or same manner as the penalties of perjury statement and 2. Imply that a person may be subject to 30% must appear immediately above the single signature line: withholding or backup withholding unless that person “The Internal Revenue Service does not require your agrees to provisions on the substitute form that are consent to any provisions of this document other than the unrelated to the required certifications. certifications required to establish your status as a non-U.S. person, establish your chapter 4 status (if A substitute Form W-8 is valid only if it contains the required), and, if applicable, obtain a reduced rate of same penalties of perjury statement and certifications as withholding.” the official forms and the required signature. However, if the substitute form is contained in some other business Substitute Form W-8ECI. The substitute Form W-8ECI form, the words “information on this form” may be must contain all of the information required in Part I other modified to refer to that portion of the business form than line 9. The certifications in Part II of Form W-8ECI containing the substitute form information. The design of must be included in a substitute form. the substitute form must be such that the information and If the substitute form is incorporated into other business certifications that are being attested to by the penalties of forms, the following statement must be presented in the perjury statement clearly stand out from any other same manner as the penalties of perjury statement and information contained in the form. must appear immediately above the single signature line: “The Internal Revenue Service does not require your Content of Substitute Form consent to any provisions of this document other than the Substitute Form W-8BEN. The substitute Form certifications required to establish your status as a W-8BEN must contain all of the information required in non-U.S. person and that the income for which this form is Part I, lines 1 through 8. The certifications in Part II must provided is effectively connected with the conduct of a be included in a substitute form only if treaty benefits are trade or business within the United States.” claimed, and then only to the extent that the certifications Substitute Form W-8EXP. The substitute Form W-8EXP are required. For example, Form W-8BEN, line 10 must contain all of the information required in Part I, lines (Special rates and conditions), is not required if the form is 1 through 5, line 7 (if a U.S. TIN is required), and line 8. being requested from an individual receiving a payment of See, however, Substitute Forms W-8 for Payments of U.S. source dividends from stocks that are actively traded Reportable Amounts and Withholdable Payments, earlier, on an established securities market. The substitute Form for when you may omit a chapter 4 certification on a W-8BEN must include a statement that if the person substitute Form W-8. The substitute Form W-8EXP must providing the form is a resident in a FATCA partner also contain all of the statements and certifications jurisdiction (that is, a Model 1 IGA jurisdiction with contained in Parts II and III, as applicable, with respect to reciprocity), certain tax account information may be the purpose for which the form is provided, but a specific provided to the jurisdiction of residence. statement or certification needs to be included (in its The substitute form must contain the penalties of entirety) only if it is relevant to the type of entity providing perjury statement identical to the statement on the official the form. For example, if a withholding agent is Form W-8BEN. Additionally, if the substitute form is documenting a beneficial owner that is a foreign incorporated into other business forms, the following government for purposes of both chapters 3 and 4, the statement must be presented in the same manner as the withholding agent may use a substitute Form W-8EXP penalties of perjury statement and must appear that contains the required information in Part I, plus the immediately above the single signature line: “The Internal required statements and certifications from Parts II and III Revenue Service does not require your consent to any that are related to foreign governments, and does not provisions of this document other than the certifications need to include the statements and certifications for other required to establish your status as a non-U.S. individual types of entities that would otherwise be providing the and, if applicable, obtain a reduced rate of withholding.” Form W-8EXP. Substitute Form W-8BEN-E. The substitute Form If the substitute form is incorporated into other business W-8BEN-E must contain all of the information required in forms, the following statement must be presented in the Part I, lines 1 through 6, and lines 8 and 9 if a U.S. or an same manner as the penalties of perjury statement and FTIN or a GIIN is required. See, however, Substitute must appear immediately above the single signature line: Forms W-8 for Payments of Reportable Amounts and “The Internal Revenue Service does not require your Withholdable Payments, earlier, for when you may omit a consent to any provisions of this document other than the chapter 4 certification on a substitute Form W-8. The certifications required to establish your status as a foreign certifications in Part II must be included in a substitute government, international organization, foreign central form if you are making a withholdable payment to a bank of issue, foreign tax-exempt organization, foreign disregarded entity or a branch that must be reported in private foundation, or government of a U.S. possession, Part II. The certifications in Part III must be included only if and your chapter 4 status (if required).” treaty benefits are claimed, and then only to the extent Substitute Form W-8IMY. The substitute Form W-8IMY that the certifications are required. See Alternative must contain all of the information required in Part I, lines Certifications Under an Applicable IGA, earlier, for 1 through 6, line 8 (if a U.S. TIN is required), and line 9 (if circumstances in which the chapter 4 certifications may a GIIN is required). See, however, Substitute Forms W-8 be replaced with alternative certifications. -18- Inst. for the Requester of Forms W-8 (Rev. June 2022) |
Page 19 of 19 Fileid: … ons/iw-8/202206/a/xml/cycle07/source 11:24 - 22-Jun-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. for Payments of Reportable Amounts and Withholdable an NQI, a specific type of U.S. branch, a withholding Payments, earlier, for when you may omit a chapter 4 foreign partnership, a withholding foreign trust, a certification on a substitute Form W-8. The information nonwithholding foreign partnership, a nonwithholding required in Part II must be included in a substitute form if foreign simple trust, or a nonwithholding foreign grantor you are making a withholdable payment to a disregarded trust; (2) your chapter 4 status; and/or (3) your status as a entity that has its own GIIN or a branch (including a QSL (for the period such status is permitted).” branch that is a disregarded entity that does not have its own GIIN) operating in a jurisdiction other than the Non-IRS Form for Individuals Not Receiving jurisdiction of residence of the entity named in Part I of the Reportable Amounts form. The substitute Form W-8IMY must also contain all of If you are an FFI documenting an account holder that is an the statements and certifications relevant to chapter 3 individual and you are not making a payment of a contained in Parts III through VIII if you are making a reportable amount to such account holder, you may use a payment subject to withholding under chapter 3 and the non-IRS form rather than a substitute Form W-8BEN. The statements and certifications relevant to the chapter 4 form must include the name and address of the individual status contained in Parts IX through XXVIII for the that is the payee or beneficial owner; all countries in which intermediary or flow-through entity providing the form if the individual is resident for tax purposes; the individual’s you are making a withholdable payment or if you are an country of birth; a TIN, if any, for each country of FFI documenting your account holders for purposes of residence; and the individual’s date of birth. The form may chapter 4 or an applicable IGA. For example, if the only also request other information required for purposes of tax intermediaries to which a U.S. withholding agent makes or anti-money laundering (AML) due diligence in the payments are QIs that are participating FFIs, the United States or in other countries. A form that satisfies withholding agent may use a substitute Form W-8IMY that these requirements may be treated as a similar agreed contains only the required information from Part I form for purposes of an applicable IGA unless the partner (including line 9 to collect the intermediaries’ GIINs), plus jurisdiction declines such treatment. the statements and certifications from Part III. A substitute Form W-8IMY must also incorporate the same Generally, a non-IRS form for individuals must contain attachments as the official form (such as a withholding a signed and dated certification made under penalties of statement and beneficial owner documentation, to the perjury that the information provided on the form is extent otherwise required). You may also include any accurate and will be updated by the individual within 30 information on a substitute Form W-8IMY, or require any days of a change in circumstances that causes the form to information to be associated with the form, that is become incorrect. However, the signed certification reasonably related to your obligation to withhold and provided on a form need not be signed under penalties of correctly report payments. perjury if the form is accompanied by documentary evidence that supports the individual’s claim of foreign If the substitute form is incorporated into other business status. Such documentary evidence may be the same forms, the following statement must be presented in the documentary evidence that is used to support foreign same manner as the penalties of perjury statement and status in the case of a payee whose account has U.S. must appear immediately above the single signature line: indicia as described in Regulations sections 1.1471-3(e) “The Internal Revenue Service does not require your and 1.1471-4(c)(4)(i)(A). consent to any provisions of this document other than the certifications required to establish: (1) your status as a QI, Inst. for the Requester of Forms W-8 (Rev. June 2022) -19- |
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Form W-8BEN Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals) (Rev. October 2021) ▶ For use by individuals. Entities must use Form W-8BEN-E. OMB No. 1545-1621 ▶ Department of the Treasury Go to www.irs.gov/FormW8BEN for instructions and the latest information. Internal Revenue Service ▶ Give this form to the withholding agent or payer. Do not send to the IRS. Do NOT use this form if: Instead, use Form: • You are NOT an individual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8BEN-E • You are a U.S. citizen or other U.S. person, including a resident alien individual . . . . . . . . . . . . . . . . . . . W-9 • You are a beneficial owner claiming that income is effectively connected with the conduct of trade or business within the United States (other than personal services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8ECI • You are a beneficial owner who is receiving compensation for personal services performed in the United States . . . . . . . 8233 or W-4 • You are a person acting as an intermediary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8IMY Note: If you are resident in a FATCA partner jurisdiction (that is, a Model 1 IGA jurisdiction with reciprocity), certain tax account information may be provided to your jurisdiction of residence. Part I Identification of Beneficial Owner (see instructions) 1 Name of individual who is the beneficial owner 2 Country of citizenship 3 Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address. City or town, state or province. Include postal code where appropriate. Country 4 Mailing address (if different from above) City or town, state or province. Include postal code where appropriate. Country 5 U.S. taxpayer identification number (SSN or ITIN), if required (see instructions) 6a Foreign tax identifying number (see instructions) 6b Check if FTIN not legally required . . . . . . . . . . . 7 Reference number(s) (see instructions) 8 Date of birth (MM-DD-YYYY) (see instructions) Part II Claim of Tax Treaty Benefits (for chapter 3 purposes only) (see instructions) 9 I certify that the beneficial owner is a resident of within the meaning of the income tax treaty between the United States and that country. 10 Special rates and conditions (if applicable—see instructions): The beneficial owner is claiming the provisions of Article and paragraph of the treaty identified on line 9 above to claim a % rate of withholding on (specify type of income): . Explain the additional conditions in the Article and paragraph the beneficial owner meets to be eligible for the rate of withholding: Part III Certification Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete. I further certify under penalties of perjury that: • I am the individual that is the beneficial owner (or am authorized to sign for the individual that is the beneficial owner) of all the income or proceeds to which this form relates or am using this form to document myself for chapter 4 purposes; • The person named on line 1 of this form is not a U.S. person; • This form relates to: (a) income not effectively connected with the conduct of a trade or business in the United States; (b) income effectively connected with the conduct of a trade or business in the United States but is not subject to tax under an applicable income tax treaty; (c) the partner’s share of a partnership’s effectively connected taxable income; or (d) the partner’s amount realized from the transfer of a partnership interest subject to withholding under section 1446(f); • The person named on line 1 of this form is a resident of the treaty country listed on line 9 of the form (if any) within the meaning of the income tax treaty between the United States and that country; and • For broker transactions or barter exchanges, the beneficial owner is an exempt foreign person as defined in the instructions. Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the income of which I am the beneficial owner or any withholding agent that can disburse or make payments of the income of which I am the beneficial owner. I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect. ▲ I certify that I have the capacity to sign for the person identified on line 1 of this form. Sign Here Signature of beneficial owner (or individual authorized to sign for beneficial owner) Date (MM-DD-YYYY) Print name of signer For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 25047Z Form W-8BEN (Rev. 10-2021) |
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Certificate of Foreign Person's Claim That Income Is Effectively Form W-8ECI Connected With the Conduct of a Trade or Business in the United States (Rev. October 2021) ▶ Section references are to the Internal Revenue Code. OMB No. 1545-1621 Department of the Treasury ▶Go to www.irs.gov/FormW8ECI for instructions and the latest information. Internal Revenue Service ▶ Give this form to the withholding agent or payer. Do not send to the IRS. Note: Persons submitting this form must file an annual U.S. income tax return to report income claimed to be effectively connected with a U.S. trade or business. See instructions. Do not use this form for: Instead, use Form: • A beneficial owner solely claiming foreign status or treaty benefits . . . . . . . . . . . . . . . . . W-8BEN or W-8BEN-E • A foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U.S. possession claiming the applicability of section(s) 115(2), 501(c), 892, 895, or 1443(b) . . . . W-8EXP Note: These entities should use Form W-8ECI if they received effectively connected income and are not eligible to claim an exemption for chapter 3 or 4 purposes on Form W-8EXP. • A foreign partnership or a foreign trust (unless claiming an exemption from U.S. withholding on income effectively connected with the conduct of a trade or business in the United States) . . . . . . . . . . . . . . . . . . . . . W-8BEN-E or W-8IMY • A person acting as an intermediary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8IMY Note: See instructions for additional exceptions. Part I Identification of Beneficial Owner (see instructions) 1 Name of individual or organization that is the beneficial owner 2 Country of incorporation or organization 3 Name of disregarded entity receiving the payments (if applicable) 4 Type of entity (check the appropriate box): Partnership Simple trust Complex trust Tax-exempt organization Foreign Government - Controlled Entity Grantor trust Central bank of issue Foreign Government - Integral Part International organization Corporation Private foundation Individual Estate 5 Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address. City or town, state or province. Include postal code where appropriate. Country 6 Business address in the United States (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address. City or town, state, and ZIP code 7 U.S. taxpayer identification number (required—see instructions) SSN or ITIN EIN 8a Foreign tax identifying number (FTIN) 8b Check if FTIN not legally required . . . . . . . . . . . 9 Reference number(s) (see instructions) 10 Date of birth (MM-DD-YYYY) 11 Specify each item of income that is, or is expected to be, received from the payer that is effectively connected with the conduct of a trade or business in the United States (attach statement if necessary). 12 Check here to certify that: you are a dealer in securities (as defined in section 475(c)(1)); you are a transferor of an interest in a publicly traded partnership (PTP) claiming an exception from withholding under Regulations section 1.1446(f)-4(b)(6); and any gain from the transfer of the PTP interest associated with this form is effectively connected with the conduct of a trade or business within the United States without regard to section 864(c)(8). . . . Part II Certification Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete. I further certify under penalties of perjury that: • I am the beneficial owner (or I am authorized to sign for the beneficial owner) of all the payments to which this form relates, • The amounts for which this certification is provided are effectively connected with the conduct of a trade or business in the United States, • The income for which this form was provided is includible in my gross income (or the beneficial owner’s gross income) for the taxable year, and • The beneficial owner is not a U.S. person. Sign Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the payments of which I am the Here beneficial owner or any withholding agent that can disburse or make payments of the amounts of which I am the beneficial owner. I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect. I certify that I have the capacity to sign for the person identified on line 1 of this form. Signature of beneficial owner (or individual authorized to sign for the beneficial owner) Print name Date (MM-DD-YYYY) For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 25045D Form W-8ECI (Rev. 10-2021) |
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Form W-8BEN-E Certificate of Status of Beneficial Owner for (Rev. October 2021) United States Tax Withholding and Reporting (Entities) OMB No. 1545-1621 ▶ For use by entities. Individuals must use Form W-8BEN. ▶Section references are to the Internal Revenue Code. Department of the Treasury ▶ Internal Revenue Service Go to www.irs.gov/FormW8BENE for instructions and the latest information. ▶ Give this form to the withholding agent or payer. Do not send to the IRS. Do NOT use this form for: Instead use Form: • U.S. entity or U.S. citizen or resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-9 • A foreign individual . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8BEN (Individual) or Form 8233 • A foreign individual or entity claiming that income is effectively connected with the conduct of trade or business within the United States (unless claiming treaty benefits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8ECI • A foreign partnership, a foreign simple trust, or a foreign grantor trust (unless claiming treaty benefits) (see instructions for exceptions) . . W-8IMY • A foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U.S. possession claiming that income is effectively connected U.S. income or that is claiming the applicability of section(s) 115(2), 501(c), 892, 895, or 1443(b) (unless claiming treaty benefits) (see instructions for other exceptions) . . . . . . . . . W-8ECI or W-8EXP • Any person acting as an intermediary (including a qualified intermediary acting as a qualified derivatives dealer) . . . . . . . . . W-8IMY Part I Identification of Beneficial Owner 1 Name of organization that is the beneficial owner 2 Country of incorporation or organization 3 Name of disregarded entity receiving the payment (if applicable, see instructions) 4 Chapter 3 Status (entity type) (Must check one box only): Corporation Partnership Simple trust Tax-exempt organization Complex trust Foreign Government - Controlled Entity Central Bank of Issue Private foundation Estate Foreign Government - Integral Part Grantor trust Disregarded entity International organization If you entered disregarded entity, partnership, simple trust, or grantor trust above, is the entity a hybrid making a treaty claim? If “Yes,” complete Part III. Yes No 5 Chapter 4 Status (FATCA status) (See instructions for details and complete the certification below for the entity's applicable status.) Nonparticipating FFI (including an FFI related to a Reporting IGA Nonreporting IGA FFI. Complete Part XII. FFI other than a deemed-compliant FFI, participating FFI, or Foreign government, government of a U.S. possession, or foreign exempt beneficial owner). central bank of issue. Complete Part XIII. Participating FFI. International organization. Complete Part XIV. Reporting Model 1 FFI. Exempt retirement plans. Complete Part XV. Reporting Model 2 FFI. Entity wholly owned by exempt beneficial owners. Complete Part XVI. Registered deemed-compliant FFI (other than a reporting Model 1 Territory financial institution. Complete Part XVII. FFI, sponsored FFI, or nonreporting IGA FFI covered in Part XII). Excepted nonfinancial group entity. Complete Part XVIII. See instructions. Excepted nonfinancial start-up company. Complete Part XIX. Sponsored FFI. Complete Part IV. Excepted nonfinancial entity in liquidation or bankruptcy. Certified deemed-compliant nonregistering local bank. Complete Complete Part XX. Part V. 501(c) organization. Complete Part XXI. Certified deemed-compliant FFI with only low-value accounts. Nonprofit organization. Complete Part XXII. Complete Part VI. Publicly traded NFFE or NFFE affiliate of a publicly traded Certified deemed-compliant sponsored, closely held investment corporation. Complete Part XXIII. vehicle. Complete Part VII. Excepted territory NFFE. Complete Part XXIV. Certified deemed-compliant limited life debt investment entity. Active NFFE. Complete Part XXV. Complete Part VIII. Passive NFFE. Complete Part XXVI. Certain investment entities that do not maintain financial accounts. Excepted inter-affiliate FFI. Complete Part XXVII. Complete Part IX. Direct reporting NFFE. Owner-documented FFI. Complete Part X. Sponsored direct reporting NFFE. Complete Part XXVIII. Restricted distributor. Complete Part XI. Account that is not a financial account. 6 Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address). City or town, state or province. Include postal code where appropriate. Country 7 Mailing address (if different from above) City or town, state or province. Include postal code where appropriate. Country For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 59689N Form W-8BEN-E (Rev. 10-2021) |
Form W-8BEN-E (Rev. 10-2021) Page 2 Part I Identification of Beneficial Owner (continued) 8 U.S. taxpayer identification number (TIN), if required 9a GIIN b Foreign TIN c Check if FTIN not legally required. . . . . . ▶ 10 Reference number(s) (see instructions) Note: Please complete remainder of the form including signing the form in Part XXX. Part II Disregarded Entity or Branch Receiving Payment. (Complete only if a disregarded entity with a GIIN or a branch of an FFI in a country other than the FFI’s country of residence. See instructions.) 11 Chapter 4 Status (FATCA status) of disregarded entity or branch receiving payment Branch treated as nonparticipating FFI. Reporting Model 1 FFI. U.S. Branch. Participating FFI. Reporting Model 2 FFI. 12 Address of disregarded entity or branch (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address). City or town, state or province. Include postal code where appropriate. Country 13 GIIN (if any) Part III Claim of Tax Treaty Benefits (if applicable). (For chapter 3 purposes only.) 14 I certify that (check all that apply): a The beneficial owner is a resident of within the meaning of the income tax treaty between the United States and that country. b The beneficial owner derives the item (or items) of income for which the treaty benefits are claimed, and, if applicable, meets the requirements of the treaty provision dealing with limitation on benefits. The following are types of limitation on benefits provisions that may be included in an applicable tax treaty (check only one; see instructions): Government Company that meets the ownership and base erosion test Tax-exempt pension trust or pension fund Company that meets the derivative benefits test Other tax-exempt organization Company with an item of income that meets active trade or business test Publicly traded corporation Favorable discretionary determination by the U.S. competent authority received Subsidiary of a publicly traded corporation No LOB article in treaty Other (specify Article and paragraph): c The beneficial owner is claiming treaty benefits for U.S. source dividends received from a foreign corporation or interest from a U.S. trade or business of a foreign corporation and meets qualified resident status (see instructions). 15 Special rates and conditions (if applicable—see instructions): The beneficial owner is claiming the provisions of Article and paragraph of the treaty identified on line 14a above to claim a % rate of withholding on (specify type of income): Explain the additional conditions in the Article the beneficial owner meets to be eligible for the rate of withholding: Part IV Sponsored FFI 16 Name of sponsoring entity: 17 Check whichever box applies. I certify that the entity identified in Part I: • Is an investment entity; • Is not a QI, WP (except to the extent permitted in the withholding foreign partnership agreement), or WT; and • Has agreed with the entity identified above (that is not a nonparticipating FFI) to act as the sponsoring entity for this entity. I certify that the entity identified in Part I: • Is a controlled foreign corporation as defined in section 957(a); • Is not a QI, WP, or WT; • Is wholly owned, directly or indirectly, by the U.S. financial institution identified above that agrees to act as the sponsoring entity for this entity; and • Shares a common electronic account system with the sponsoring entity (identified above) that enables the sponsoring entity to identify all account holders and payees of the entity and to access all account and customer information maintained by the entity including, but not limited to, customer identification information, customer documentation, account balance, and all payments made to account holders or payees. Form W-8BEN-E (Rev. 10-2021) |
Form W-8BEN-E (Rev. 10-2021) Page 3 Part V Certified Deemed-Compliant Nonregistering Local Bank 18 I certify that the FFI identified in Part I: • Operates and is licensed solely as a bank or credit union (or similar cooperative credit organization operated without profit) in its country of incorporation or organization; • Engages primarily in the business of receiving deposits from and making loans to, with respect to a bank, retail customers unrelated to such bank and, with respect to a credit union or similar cooperative credit organization, members, provided that no member has a greater than 5% interest in such credit union or cooperative credit organization; • Does not solicit account holders outside its country of organization; • Has no fixed place of business outside such country (for this purpose, a fixed place of business does not include a location that is not advertised to the public and from which the FFI performs solely administrative support functions); • Has no more than $175 million in assets on its balance sheet and, if it is a member of an expanded affiliated group, the group has no more than $500 million in total assets on its consolidated or combined balance sheets; and • Does not have any member of its expanded affiliated group that is a foreign financial institution, other than a foreign financial institution that is incorporated or organized in the same country as the FFI identified in Part I and that meets the requirements set forth in this part. Part VI Certified Deemed-Compliant FFI with Only Low-Value Accounts 19 I certify that the FFI identified in Part I: • Is not engaged primarily in the business of investing, reinvesting, or trading in securities, partnership interests, commodities, notional principal contracts, insurance or annuity contracts, or any interest (including a futures or forward contract or option) in such security, partnership interest, commodity, notional principal contract, insurance contract or annuity contract; • No financial account maintained by the FFI or any member of its expanded affiliated group, if any, has a balance or value in excess of $50,000 (as determined after applying applicable account aggregation rules); and • Neither the FFI nor the entire expanded affiliated group, if any, of the FFI, have more than $50 million in assets on its consolidated or combined balance sheet as of the end of its most recent accounting year. Part VII Certified Deemed-Compliant Sponsored, Closely Held Investment Vehicle 20 Name of sponsoring entity: 21 I certify that the entity identified in Part I: • Is an FFI solely because it is an investment entity described in Regulations section 1.1471-5(e)(4); • Is not a QI, WP, or WT; • Will have all of its due diligence, withholding, and reporting responsibilities (determined as if the FFI were a participating FFI) fulfilled by the sponsoring entity identified on line 20; and • 20 or fewer individuals own all of the debt and equity interests in the entity (disregarding debt interests owned by U.S. financial institutions, participating FFIs, registered deemed-compliant FFIs, and certified deemed-compliant FFIs and equity interests owned by an entity if that entity owns 100% of the equity interests in the FFI and is itself a sponsored FFI). Part VIII Certified Deemed-Compliant Limited Life Debt Investment Entity 22 I certify that the entity identified in Part I: • Was in existence as of January 17, 2013; • Issued all classes of its debt or equity interests to investors on or before January 17, 2013, pursuant to a trust indenture or similar agreement; and • Is certified deemed-compliant because it satisfies the requirements to be treated as a limited life debt investment entity (such as the restrictions with respect to its assets and other requirements under Regulations section 1.1471-5(f)(2)(iv)). Part IX Certain Investment Entities that Do Not Maintain Financial Accounts 23 I certify that the entity identified in Part I: • Is a financial institution solely because it is an investment entity described in Regulations section 1.1471-5(e)(4)(i)(A), and • Does not maintain financial accounts. Part X Owner-Documented FFI Note: This status only applies if the U.S. financial institution, participating FFI, or reporting Model 1 FFI to which this form is given has agreed that it will treat the FFI as an owner-documented FFI (see instructions for eligibility requirements). In addition, the FFI must make the certifications below. 24a (All owner-documented FFIs check here) I certify that the FFI identified in Part I: • Does not act as an intermediary; • Does not accept deposits in the ordinary course of a banking or similar business; • Does not hold, as a substantial portion of its business, financial assets for the account of others; • Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to a financial account; • Is not owned by or in an expanded affiliated group with an entity that accepts deposits in the ordinary course of a banking or similar business, holds, as a substantial portion of its business, financial assets for the account of others, or is an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to a financial account; • Does not maintain a financial account for any nonparticipating FFI; and • Does not have any specified U.S. persons that own an equity interest or debt interest (other than a debt interest that is not a financial account or that has a balance or value not exceeding $50,000) in the FFI other than those identified on the FFI owner reporting statement. Form W-8BEN-E (Rev. 10-2021) |
Form W-8BEN-E (Rev. 10-2021) Page 4 Part X Owner-Documented FFI (continued) Check box 24b or 24c, whichever applies. b I certify that the FFI identified in Part I: • Has provided, or will provide, an FFI owner reporting statement that contains: (i) The name, address, TIN (if any), chapter 4 status, and type of documentation provided (if required) of every individual and specified U.S. person that owns a direct or indirect equity interest in the owner-documented FFI (looking through all entities other than specified U.S. persons); (ii) The name, address, TIN (if any), and chapter 4 status of every individual and specified U.S. person that owns a debt interest in the owner-documented FFI (including any indirect debt interest, which includes debt interests in any entity that directly or indirectly owns the payee or any direct or indirect equity interest in a debt holder of the payee) that constitutes a financial account in excess of $50,000 (disregarding all such debt interests owned by participating FFIs, registered deemed-compliant FFIs, certified deemed- compliant FFIs, excepted NFFEs, exempt beneficial owners, or U.S. persons other than specified U.S. persons); and (iii) Any additional information the withholding agent requests in order to fulfill its obligations with respect to the entity. • Has provided, or will provide, valid documentation meeting the requirements of Regulations section 1.1471-3(d)(6)(iii) for each person identified in the FFI owner reporting statement. c I certify that the FFI identified in Part I has provided, or will provide, an auditor's letter, signed within 4 years of the date of payment, from an independent accounting firm or legal representative with a location in the United States stating that the firm or representative has reviewed the FFI’s documentation with respect to all of its owners and debt holders identified in Regulations section 1.1471-3(d)(6)(iv)(A)(2), and that the FFI meets all the requirements to be an owner-documented FFI. The FFI identified in Part I has also provided, or will provide, an FFI owner reporting statement of its owners that are specified U.S. persons and Form(s) W-9, with applicable waivers. Check box 24d if applicable (optional, see instructions). d I certify that the entity identified on line 1 is a trust that does not have any contingent beneficiaries or designated classes with unidentified beneficiaries. Part XI Restricted Distributor 25a (All restricted distributors check here) I certify that the entity identified in Part I: • Operates as a distributor with respect to debt or equity interests of the restricted fund with respect to which this form is furnished; • Provides investment services to at least 30 customers unrelated to each other and less than half of its customers are related to each other; • Is required to perform AML due diligence procedures under the anti-money laundering laws of its country of organization (which is an FATF- compliant jurisdiction); • Operates solely in its country of incorporation or organization, has no fixed place of business outside of that country, and has the same country of incorporation or organization as all members of its affiliated group, if any; • Does not solicit customers outside its country of incorporation or organization; • Has no more than $175 million in total assets under management and no more than $7 million in gross revenue on its income statement for the most recent accounting year; • Is not a member of an expanded affiliated group that has more than $500 million in total assets under management or more than $20 million in gross revenue for its most recent accounting year on a combined or consolidated income statement; and • Does not distribute any debt or securities of the restricted fund to specified U.S. persons, passive NFFEs with one or more substantial U.S. owners, or nonparticipating FFIs. Check box 25b or 25c, whichever applies. I further certify that with respect to all sales of debt or equity interests in the restricted fund with respect to which this form is furnished that are made after December 31, 2011, the entity identified in Part I: b Has been bound by a distribution agreement that contained a general prohibition on the sale of debt or securities to U.S. entities and U.S. resident individuals and is currently bound by a distribution agreement that contains a prohibition of the sale of debt or securities to any specified U.S. person, passive NFFE with one or more substantial U.S. owners, or nonparticipating FFI. c Is currently bound by a distribution agreement that contains a prohibition on the sale of debt or securities to any specified U.S. person, passive NFFE with one or more substantial U.S. owners, or nonparticipating FFI and, for all sales made prior to the time that such a restriction was included in its distribution agreement, has reviewed all accounts related to such sales in accordance with the procedures identified in Regulations section 1.1471-4(c) applicable to preexisting accounts and has redeemed or retired any, or caused the restricted fund to transfer the securities to a distributor that is a participating FFI or reporting Model 1 FFI securities which were sold to specified U.S. persons, passive NFFEs with one or more substantial U.S. owners, or nonparticipating FFIs. Form W-8BEN-E (Rev. 10-2021) |
Form W-8BEN-E (Rev. 10-2021) Page 5 Part XII Nonreporting IGA FFI 26 I certify that the entity identified in Part I: • Meets the requirements to be considered a nonreporting financial institution pursuant to an applicable IGA between the United States and . The applicable IGA is a Model 1 IGA or a Model 2 IGA; and is treated as a under the provisions of the applicable IGA or Treasury regulations (if applicable, see instructions); • If you are a trustee documented trust or a sponsored entity, provide the name of the trustee or sponsor . The trustee is: U.S. Foreign Part XIII Foreign Government, Government of a U.S. Possession, or Foreign Central Bank of Issue 27 I certify that the entity identified in Part I is the beneficial owner of the payment, and is not engaged in commercial financial activities of a type engaged in by an insurance company, custodial institution, or depository institution with respect to the payments, accounts, or obligations for which this form is submitted (except as permitted in Regulations section 1.1471-6(h)(2)). Part XIV International Organization Check box 28a or 28b, whichever applies. 28a I certify that the entity identified in Part I is an international organization described in section 7701(a)(18). b I certify that the entity identified in Part I: • Is comprised primarily of foreign governments; • Is recognized as an intergovernmental or supranational organization under a foreign law similar to the International Organizations Immunities Act or that has in effect a headquarters agreement with a foreign government; • The benefit of the entity’s income does not inure to any private person; and • Is the beneficial owner of the payment and is not engaged in commercial financial activities of a type engaged in by an insurance company, custodial institution, or depository institution with respect to the payments, accounts, or obligations for which this form is submitted (except as permitted in Regulations section 1.1471-6(h)(2)). Part XV Exempt Retirement Plans Check box 29a, b, c, d, e, or f, whichever applies. 29a I certify that the entity identified in Part I: • Is established in a country with which the United States has an income tax treaty in force (see Part III if claiming treaty benefits); • Is operated principally to administer or provide pension or retirement benefits; and • Is entitled to treaty benefits on income that the fund derives from U.S. sources (or would be entitled to benefits if it derived any such income) as a resident of the other country which satisfies any applicable limitation on benefits requirement. b I certify that the entity identified in Part I: • Is organized for the provision of retirement, disability, or death benefits (or any combination thereof) to beneficiaries that are former employees of one or more employers in consideration for services rendered; • No single beneficiary has a right to more than 5% of the FFI’s assets; • Is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the country in which the fund is established or operated; and (i) Is generally exempt from tax on investment income under the laws of the country in which it is established or operates due to its status as a retirement or pension plan; (ii) Receives at least 50% of its total contributions from sponsoring employers (disregarding transfers of assets from other plans described in this part, retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, other retirement funds described in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A)); (iii) Either does not permit or penalizes distributions or withdrawals made before the occurrence of specified events related to retirement, disability, or death (except rollover distributions to accounts described in Regulations section 1.1471-5(b)(2)(i)(A) (referring to retirement and pension accounts), to retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, or to other retirement funds described in this part or in an applicable Model 1 or Model 2 IGA); or (iv) Limits contributions by employees to the fund by reference to earned income of the employee or may not exceed $50,000 annually. c I certify that the entity identified in Part I: • Is organized for the provision of retirement, disability, or death benefits (or any combination thereof) to beneficiaries that are former employees of one or more employers in consideration for services rendered; • Has fewer than 50 participants; • Is sponsored by one or more employers each of which is not an investment entity or passive NFFE; • Employee and employer contributions to the fund (disregarding transfers of assets from other plans described in this part, retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A)) are limited by reference to earned income and compensation of the employee, respectively; • Participants that are not residents of the country in which the fund is established or operated are not entitled to more than 20% of the fund’s assets; and • Is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the country in which the fund is established or operates. Form W-8BEN-E (Rev. 10-2021) |
Form W-8BEN-E (Rev. 10-2021) Page 6 Part XV Exempt Retirement Plans (continued) d I certify that the entity identified in Part I is formed pursuant to a pension plan that would meet the requirements of section 401(a), other than the requirement that the plan be funded by a trust created or organized in the United States. e I certify that the entity identified in Part I is established exclusively to earn income for the benefit of one or more retirement funds described in this part or in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A) (referring to retirement and pension accounts), or retirement and pension accounts described in an applicable Model 1 or Model 2 IGA. f I certify that the entity identified in Part I: • Is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S. possession (each as defined in Regulations section 1.1471-6) or an exempt beneficial owner described in an applicable Model 1 or Model 2 IGA to provide retirement, disability, or death benefits to beneficiaries or participants that are current or former employees of the sponsor (or persons designated by such employees); or • Is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S. possession (each as defined in Regulations section 1.1471-6) or an exempt beneficial owner described in an applicable Model 1 or Model 2 IGA to provide retirement, disability, or death benefits to beneficiaries or participants that are not current or former employees of such sponsor, but are in consideration of personal services performed for the sponsor. Part XVI Entity Wholly Owned by Exempt Beneficial Owners 30 I certify that the entity identified in Part I: • Is an FFI solely because it is an investment entity; • Each direct holder of an equity interest in the investment entity is an exempt beneficial owner described in Regulations section 1.1471-6 or in an applicable Model 1 or Model 2 IGA; • Each direct holder of a debt interest in the investment entity is either a depository institution (with respect to a loan made to such entity) or an exempt beneficial owner described in Regulations section 1.1471-6 or an applicable Model 1 or Model 2 IGA. • Has provided an owner reporting statement that contains the name, address, TIN (if any), chapter 4 status, and a description of the type of documentation provided to the withholding agent for every person that owns a debt interest constituting a financial account or direct equity interest in the entity; and • Has provided documentation establishing that every owner of the entity is an entity described in Regulations section 1.1471-6(b), (c), (d), (e), (f) and/or (g) without regard to whether such owners are beneficial owners. Part XVII Territory Financial Institution 31 I certify that the entity identified in Part I is a financial institution (other than an investment entity) that is incorporated or organized under the laws of a possession of the United States. Part XVIII Excepted Nonfinancial Group Entity 32 I certify that the entity identified in Part I: • Is a holding company, treasury center, or captive finance company and substantially all of the entity’s activities are functions described in Regulations section 1.1471-5(e)(5)(i)(C) through (E); • Is a member of a nonfinancial group described in Regulations section 1.1471-5(e)(5)(i)(B); • Is not a depository or custodial institution (other than for members of the entity’s expanded affiliated group); and • Does not function (or hold itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or any investment vehicle with an investment strategy to acquire or fund companies and then hold interests in those companies as capital assets for investment purposes. Part XIX Excepted Nonfinancial Start-Up Company 33 I certify that the entity identified in Part I: • Was formed on (or, in the case of a new line of business, the date of board resolution approving the new line of business) (date must be less than 24 months prior to date of payment); • Is not yet operating a business and has no prior operating history or is investing capital in assets with the intent to operate a new line of business other than that of a financial institution or passive NFFE; • Is investing capital into assets with the intent to operate a business other than that of a financial institution; and • Does not function (or hold itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or any investment vehicle whose purpose is to acquire or fund companies and then hold interests in those companies as capital assets for investment purposes. Part XX Excepted Nonfinancial Entity in Liquidation or Bankruptcy 34 I certify that the entity identified in Part I: • Filed a plan of liquidation, filed a plan of reorganization, or filed for bankruptcy on ; • During the past 5 years has not been engaged in business as a financial institution or acted as a passive NFFE; • Is either liquidating or emerging from a reorganization or bankruptcy with the intent to continue or recommence operations as a nonfinancial entity; and • Has, or will provide, documentary evidence such as a bankruptcy filing or other public documentation that supports its claim if it remains in bankruptcy or liquidation for more than 3 years. Form W-8BEN-E (Rev. 10-2021) |
Form W-8BEN-E (Rev. 10-2021) Page 7 Part XXI 501(c) Organization 35 I certify that the entity identified in Part I is a 501(c) organization that: • Has been issued a determination letter from the IRS that is currently in effect concluding that the payee is a section 501(c) organization that is dated ; or • Has provided a copy of an opinion from U.S. counsel certifying that the payee is a section 501(c) organization (without regard to whether the payee is a foreign private foundation). Part XXII Nonprofit Organization 36 I certify that the entity identified in Part I is a nonprofit organization that meets the following requirements. • The entity is established and maintained in its country of residence exclusively for religious, charitable, scientific, artistic, cultural or educational purposes; • The entity is exempt from income tax in its country of residence; • The entity has no shareholders or members who have a proprietary or beneficial interest in its income or assets; • Neither the applicable laws of the entity’s country of residence nor the entity’s formation documents permit any income or assets of the entity to be distributed to, or applied for the benefit of, a private person or noncharitable entity other than pursuant to the conduct of the entity’s charitable activities or as payment of reasonable compensation for services rendered or payment representing the fair market value of property which the entity has purchased; and • The applicable laws of the entity’s country of residence or the entity’s formation documents require that, upon the entity’s liquidation or dissolution, all of its assets be distributed to an entity that is a foreign government, an integral part of a foreign government, a controlled entity of a foreign government, or another organization that is described in this part or escheats to the government of the entity’s country of residence or any political subdivision thereof. Part XXIII Publicly Traded NFFE or NFFE Affiliate of a Publicly Traded Corporation Check box 37a or 37b, whichever applies. 37a I certify that: • The entity identified in Part I is a foreign corporation that is not a financial institution; and • The stock of such corporation is regularly traded on one or more established securities markets, including (name one securities exchange upon which the stock is regularly traded). b I certify that: • The entity identified in Part I is a foreign corporation that is not a financial institution; • The entity identified in Part I is a member of the same expanded affiliated group as an entity the stock of which is regularly traded on an established securities market; • The name of the entity, the stock of which is regularly traded on an established securities market, is ; and • The name of the securities market on which the stock is regularly traded is . Part XXIV Excepted Territory NFFE 38 I certify that: • The entity identified in Part I is an entity that is organized in a possession of the United States; • The entity identified in Part I: (i) Does not accept deposits in the ordinary course of a banking or similar business; (ii) Does not hold, as a substantial portion of its business, financial assets for the account of others; or (iii) Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to a financial account; and • All of the owners of the entity identified in Part I are bona fide residents of the possession in which the NFFE is organized or incorporated. Part XXV Active NFFE 39 I certify that: • The entity identified in Part I is a foreign entity that is not a financial institution; • Less than 50% of such entity’s gross income for the preceding calendar year is passive income; and • Less than 50% of the assets held by such entity are assets that produce or are held for the production of passive income (calculated as a weighted average of the percentage of passive assets measured quarterly) (see instructions for the definition of passive income). Part XXVI Passive NFFE 40a I certify that the entity identified in Part I is a foreign entity that is not a financial institution (other than an investment entity organized in a possession of the United States) and is not certifying its status as a publicly traded NFFE (or affiliate), excepted territory NFFE, active NFFE, direct reporting NFFE, or sponsored direct reporting NFFE. Check box 40b or 40c, whichever applies. b I further certify that the entity identified in Part I has no substantial U.S. owners (or, if applicable, no controlling U.S. persons); or c I further certify that the entity identified in Part I has provided the name, address, and TIN of each substantial U.S. owner (or, if applicable, controlling U.S. person) of the NFFE in Part XXIX. Form W-8BEN-E (Rev. 10-2021) |
Form W-8BEN-E (Rev. 10-2021) Page 8 Part XXVII Excepted Inter-Affiliate FFI 41 I certify that the entity identified in Part I: • Is a member of an expanded affiliated group; • Does not maintain financial accounts (other than accounts maintained for members of its expanded affiliated group); • Does not make withholdable payments to any person other than to members of its expanded affiliated group; • Does not hold an account (other than depository accounts in the country in which the entity is operating to pay for expenses) with or receive payments from any withholding agent other than a member of its expanded affiliated group; and • Has not agreed to report under Regulations section 1.1471-4(d)(2)(ii)(C) or otherwise act as an agent for chapter 4 purposes on behalf of any financial institution, including a member of its expanded affiliated group. Part XXVIII Sponsored Direct Reporting NFFE (see instructions for when this is permitted) 42 Name of sponsoring entity: 43 I certify that the entity identified in Part I is a direct reporting NFFE that is sponsored by the entity identified on line 42. Part XXIX Substantial U.S. Owners of Passive NFFE As required by Part XXVI, provide the name, address, and TIN of each substantial U.S. owner of the NFFE. Please see the instructions for a definition of substantial U.S. owner. If providing the form to an FFI treated as a reporting Model 1 FFI or reporting Model 2 FFI, an NFFE may also use this part for reporting its controlling U.S. persons under an applicable IGA. Name Address TIN Part XXX Certification Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete. I further certify under penalties of perjury that: • The entity identified on line 1 of this form is the beneficial owner of all the income or proceeds to which this form relates, is using this form to certify its status for chapter 4 purposes, or is submitting this form for purposes of section 6050W or 6050Y; • The entity identified on line 1 of this form is not a U.S. person; • This form relates to: (a) income not effectively connected with the conduct of a trade or business in the United States, (b) income effectively connected with the conduct of a trade or business in the United States but is not subject to tax under an income tax treaty, (c) the partner’s share of a partnership’s effectively connected taxable income, or (d) the partner’s amount realized from the transfer of a partnership interest subject to withholding under section 1446(f); and • For broker transactions or barter exchanges, the beneficial owner is an exempt foreign person as defined in the instructions. Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the income of which the entity on line 1 is the beneficial owner or any withholding agent that can disburse or make payments of the income of which the entity on line 1 is the beneficial owner. I agree that I will submit a new form within 30 days if any certification on this form becomes incorrect. I certify that I have the capacity to sign for the entity identified on line 1 of this form. ▲ Sign Here Signature of individual authorized to sign for beneficial owner Print Name Date (MM-DD-YYYY) Form W-8BEN-E (Rev. 10-2021) |
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Certificate of Foreign Government or Other Foreign Form W-8EXP Organization for United States Tax (Rev. October 2023) Withholding and Reporting (For use by foreign governments, international organizations, foreign central banks of issue, foreign OMB No. 1545-1621 tax-exempt organizations, foreign private foundations, and governments of U.S. territories.) Go to www.irs.gov/FormW8EXP for instructions and the latest information. Department of the Treasury Section references are to the Internal Revenue Code. Internal Revenue Service Give this form to the withholding agent or payer. Do not send to the IRS. Do not use this form for: Instead, use Form: • A foreign government or other foreign organization that is not claiming the applicability of section(s) 115(2), 501(c), 892, 895, or 1443(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8BEN-E or W-8ECI • A beneficial owner solely claiming foreign status or treaty benefits . . . . . . . . . . . . . . . . . W-8BEN or W-8BEN-E • A foreign partnership (except for a withholding qualified holder under section 1445) or a foreign trust . . . . . . . W-8BEN-E or W-8IMY • A person claiming that income is effectively connected with the conduct of a trade or business in the United States . . . . . . W-8ECI • A person acting as an intermediary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8IMY Part I Identification of Beneficial Owner 1 Name of organization 2 Country of incorporation or organization 3 Type of Foreign government Foreign tax-exempt organization entity International organization Foreign private foundation Foreign central bank of issue (not Government of a U.S. territory wholly owned by the foreign sovereign) Withholding qualified holder under section 1445 4 Chapter 4 Status (FATCA status): Participating FFI. Foreign government (including a political subdivision), Reporting Model 1 FFI. government of a U.S. territory, or foreign central bank of issue. Reporting Model 2 FFI. Complete Part III. Registered deemed-compliant FFI Exempt retirement plan of foreign government. Complete Part III. (other than a Reporting Model 1 FFI). 501(c) organization. Complete Part III. Nonreporting IGA FFI. Complete Part III. Passive NFFE. Complete Part III. Territory financial institution. Complete Part III. Direct reporting NFFE. International organization. Sponsored direct reporting NFFE. Complete Part III. 5 Permanent address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address). City or town, state or province. Include postal code where appropriate. Country 6 Mailing address (if different from above). City or town, state or province. Include postal or ZIP code where appropriate. Country 7 U.S. TIN, if required (see instructions) 8a GIIN b Foreign TIN (see instructions) 9 Reference number(s) (see instructions) Part II Qualification Statement for Chapter 3 Status 10 For a foreign government: a I certify that the entity identified in Part I is a foreign government within the meaning of section 892 and the payments are within the scope of the exemption granted by section 892. Check box 10b or box 10c, whichever applies. b The entity identified in Part I is an integral part of the government of . c The entity identified in Part I is a controlled entity of the government of . If box 10c is checked, check box 10d or box 10e, whichever applies. d I certify that for a beneficial owner that is a controlled entity of a foreign sovereign (other than a foreign central bank of issue wholly owned by a foreign sovereign), the beneficial owner is not engaged in commercial activities within or outside the United States. e I certify that for a beneficial owner that is a foreign central bank of issue and a controlled entity of a foreign sovereign, the beneficial owner is not engaged in commercial activities within the United States. 11 For an international organization: I certify that: • The entity identified in Part I is an international organization within the meaning of section 7701(a)(18), and • The payments are within the scope of the exemption granted by section 892. For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 25401F Form W-8EXP (Rev. 10-2023) |
Form W-8EXP (Rev. 10-2023) Page 2 Part II Qualification Statement for Chapter 3 Status (continued) 12 For a foreign central bank of issue (not wholly owned by the foreign sovereign): I certify that: • The entity identified in Part I is a foreign central bank of issue, • The entity identified in Part I does not hold obligations or bank deposits to which this form relates for use in connection with the conduct of a commercial banking function or other commercial activity, and • The payments are within the scope of the exemption granted by section 895. 13 For a foreign tax-exempt organization, including foreign private foundations: If any of the income to which this certification relates constitutes income includible under section 512 in computing the entity’s unrelated business taxable income, attach a statement identifying the amounts. Check either box 13a or box 13b. a I certify that the entity identified in Part I has been issued a determination letter by the IRS dated that is currently in effect and that concludes that it is an exempt organization described in section 501(c). b I have attached to this form an opinion from U.S. counsel concluding that the entity identified in Part I is described in section 501(c). For section 501(c)(3) organizations only, check either box 13c or box 13d. c If the determination letter or opinion of counsel concludes that the entity identified in Part I is described in section 501(c)(3), I certify that the organization is not a private foundation described in section 509. I have attached an affidavit of the organization setting forth sufficient facts for the IRS to determine that the organization is not a private foundation because it meets one of the exceptions described in section 509(a)(1), (2), (3), or (4). d If the determination letter or opinion of counsel concludes that the entity identified in Part I is described in section 501(c)(3), I certify that the organization is a private foundation described in section 509. 14 For a government of a U.S. territory: I certify that the entity identified in Part I is a government of a territory of the United States, or is a political subdivision thereof, and is claiming the exemption granted by section 115(2). 15 For a withholding qualified holder: Check either box 15a or 15b. a I certify that the entity identified in Part I is treated as a non-foreign person for purposes of sections 897 and 1445 because it is a qualified holder under Regulations section 1.897(I)-1(d). b I certify that the entity identified in Part I is treated as a non-foreign person for purposes of sections 897 and 1445 because it is a foreign partnership, all of the interests of which are held by qualified holders (under Regulations section 1.897(I)-1(d)), including through one or more partnerships. Part III Qualification Statement for Chapter 4 Status (if required) 16 For a nonreporting IGA FFI: I certify that the entity identified in Part I: • Meets the requirements to be considered a nonreporting financial institution pursuant to an applicable IGA between the United States and ; • Is treated as a under the provisions of the applicable IGA (see instructions); and • If you are an FFI treated as a registered deemed-compliant FFI under an applicable Model 2 IGA, provide your GIIN: . 17 For a territory financial institution: I certify that the entity identified in Part I is a financial institution (other than an investment entity) that is incorporated or organized under the laws of a territory of the United States. 18 For a foreign government (including a political subdivision), government of a U.S. territory, or foreign central bank of issue: I certify that the entity identified in Part I is the beneficial owner of the payment and is not engaged in commercial financial activities of a type engaged in by an insurance company, custodial institution, or depository institution with respect to the payments, accounts, or obligations for which this form is submitted (except as permitted in Regulations section 1.1471-6(h)(2)). 19 For an exempt retirement plan of a foreign government: Check box 19a or box 19b, whichever applies. a I certify that the entity identified in Part I is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S. territory (each as defined in Regulations section 1.1471-6 or an applicable Model 1 or Model 2 IGA) to provide retirement, disability, or death benefits to beneficiaries or participants that are current or former employees of the sponsor (or persons designated by such employees); or b I certify that the entity identified in Part I is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S. territory (each as defined in Regulations section 1.1471-6 or an applicable Model 1 or Model 2 IGA) to provide retirement, disability, or death benefits to beneficiaries or participants that are not current or former employees of such sponsor, but are in consideration of personal services performed for the sponsor. Form W-8EXP (Rev. 10-2023) |
Form W-8EXP (Rev. 10-2023) Page 3 Part III Qualification Statement for Chapter 4 Status (if required) (continued) 20 For a 501(c) organization: I certify that the entity identified in Part I is an entity described in section 501(c) but is not an insurance company described in section 501(c)(15). 21 For a passive NFFE: a I certify that the entity identified in Part I is a foreign entity that is not a financial institution (other than an investment entity organized in a territory of the United States). Check box 21b or 21c, whichever applies. b I further certify that the entity identified in Part I has no substantial U.S. owners, or c I further certify that the entity identified in Part I has provided a statement including the name, address, and TIN of each substantial U.S. owner of the NFFE (see instructions). 22 Name of sponsoring entity: I certify that the entity identified in Part I is a direct reporting NFFE that is sponsored by the entity identified in line 22. Part IV Certification Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete. I further certify under penalties of perjury that: • The organization for which I am signing is the beneficial owner of the income and other payments to which this form relates, and the beneficial owner is not a U.S. person; and/or • The organization for which I am signing is a withholding qualified holder because it is a qualified holder under Regulations section 1.897(I)-1(d) or it is a partnership and all of its interests are held, directly or indirectly, by qualified holders under Regulations section 1.1445-1(g)(11). Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the payments of which I am the beneficial owner or any withholding agent that can disburse or make payments of the amounts of which I am the beneficial owner. I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect. I certify that I have the capacity to sign for the entity identified on line 1 of this form. Sign Here Signature of authorized official Print name Date (MM-DD-YYYY) Form W-8EXP (Rev. 10-2023) |
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Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain Form W-8IMY U.S. Branches for United States Tax Withholding and Reporting (Rev. October 2021) ▶ Section references are to the Internal Revenue Code. OMB No. 1545-1621 Department of the Treasury ▶ Go to www.irs.gov/FormW8IMY for instructions and the latest information. Internal Revenue Service ▶ Give this form to the withholding agent or payer. Do not send to the IRS. Do not use this form for: Instead, use Form: • A beneficial owner solely claiming foreign status or treaty benefits (other than a qualified intermediary (QI) acting as a qualified derivatives dealer (QDD)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-8BEN or W-8BEN-E • A hybrid entity claiming treaty benefits on its own behalf (other than a QI acting as a QDD) . . . . . . . . . . . . . . W-8BEN-E • A foreign person claiming that income is effectively connected with the conduct of a trade or business in the United States . . . . . W-8ECI • A disregarded entity with a single foreign owner that is the beneficial owner (other than a QI acting as a QDD) of the income to which this form relates. Instead, the single foreign owner should use . . . . . . . . . . . . . . . . . . W-8BEN, W-8ECI, or W-8BEN-E • A foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U.S. possession claiming the applicability of section(s) 115(2), 501(c), 892, 895, or 1443(b) . . . . . . . . . . W-8EXP • U.S. entity or U.S. citizen or resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-9 • A foreign person documenting itself for purposes of section 6050W . . . . . . . . . . . . . . W-8BEN, W-8BEN-E, or W-8ECI Part I Identification of Entity 1 Name of organization that is acting as intermediary 2 Country of incorporation or organization 3 Name of disregarded entity (if applicable), see instructions 4 Chapter 3 Status (entity type) (Must check one box only.): QI (including a QDD). Complete Part III. Withholding foreign trust. Complete Part VII. Nonqualified intermediary. Complete Part IV. Nonwithholding foreign partnership. Complete Part VIII. Territory financial institution. Complete Part V. Nonwithholding foreign simple trust. Complete Part VIII. U.S. branch. Complete Part VI. Nonwithholding foreign grantor trust. Complete Part VIII. Withholding foreign partnership. Complete Part VII. 5 Chapter 4 Status (FATCA status) (See instructions for details and complete the certification below for the entity’s applicable status.) (Must check one box only.): Nonparticipating foreign financial institution (FFI) (including an FFI related Owner-documented FFI. Complete Part XI. to a Reporting IGA FFI other than a deemed-compliant FFI, participating FFI, or exempt beneficial owner). Complete Part IX (if applicable). Restricted distributor. Complete Part XVII. Participating FFI. Foreign central bank of issue. Complete Part XVIII. Reporting Model 1 FFI. Nonreporting IGA FFI. Complete Part XIX. Reporting Model 2 FFI. Exempt retirement plans. Complete Part XX. Registered deemed-compliant FFI (other than a reporting Model 1 FFI, Excepted nonfinancial group entity. Complete Part XXI. sponsored FFI, or nonreporting IGA FFI covered in Part XIX). Excepted nonfinancial start-up company. Complete Part XXII. Territory financial institution. Complete Part V. Excepted nonfinancial entity in liquidation or bankruptcy. Sponsored FFI (other than a certified deemed-compliant sponsored, Complete Part XXIII. closely held investment vehicle). Complete Part X. Publicly traded NFFE or NFFE affiliate of a publicly traded Certified deemed-compliant nonregistering local bank. Complete Part XII. corporation. Complete Part XXIV. Certified deemed-compliant FFI with only low-value accounts. Complete Part XIII. Excepted territory NFFE. Complete Part XXV. Certified deemed-compliant sponsored, closely held investment Active NFFE. Complete Part XXVI. vehicle. Complete Part XIV. Passive NFFE. Complete Part XXVII. Certified deemed-compliant limited life debt investment entity. Complete Part XV. Direct reporting NFFE. Certain investment entities that do not maintain financial accounts. Complete Part XVI. Sponsored direct reporting NFFE. Complete Part XXVIII. 6 Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address). City or town, state or province. Include postal code where appropriate. Country 7 Mailing address (if different from above) City or town, state or province. Include postal code where appropriate. Country 8 U.S. taxpayer identification number, if required ▶ QI-EIN WP-EIN WT-EIN EIN 9a GIIN (if applicable) ▶ b Foreign taxpayer identification number, if required ▶ 10 Reference number(s) (see instructions) For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 25402Q Form W-8IMY (Rev. 10-2021) |
Form W-8IMY (Rev. 10-2021) Page 2 Part II Disregarded Entity or Branch Receiving Payment. (Complete only if a disregarded entity with a GIIN or a branch of an FFI in a country other than the FFI’s country of residence. Do not complete Part II for QDD branches. See instructions.) 11 Chapter 4 Status (FATCA status) of disregarded entity or branch receiving payment. Branch treated as nonparticipating FFI. Reporting Model 1 FFI. U.S. Branch. Participating FFI. Reporting Model 2 FFI. 12 Address of branch (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address). City or town, state or province. Include postal code where appropriate. Country 13 GIIN (if any) ▶ Chapter 3 Status Certifications Part III Qualified Intermediary All Qualified Intermediaries 14 I certify that the entity identified in Part I (or branch, if relevant): • Is a QI with respect to the accounts identified on line 10 or in a withholding statement associated with this form (as required) that is one or more of the following: (i) Not acting for its own account; (ii) A QDD receiving payments on underlying securities and/or potential section 871(m) transactions; (iii) A QI assuming primary withholding responsibility for payments of substitute interest, as permitted by the QI Agreement. • Has provided or will provide a withholding statement (as required) for purposes of chapters 3 and 4, and section 1446(a), or section 1446(f), subject to the certifications made on this form. • To the extent it acts as a disclosing QI for purposes of section 1446(a) or (f) for payments associated with this form, the QI is to provide the required payee documentation to associate with an amount realized or an amount subject to withholding on a PTP distribution. Qualified Intermediaries When Not Acting As Qualified Derivatives Dealers (check all that apply) 15a I certify that the entity identified in Part I of this form assumes primary withholding responsibility for purposes of chapters 3 and 4 for each account identified on a withholding statement attached to this form (or, if no withholding statement is attached to this form, for all accounts). b I certify that the entity identified in Part I of this form assumes primary withholding and reporting responsibility for each payment of an amount realized from the sale of an interest in a publicly traded partnership under section 1446(f) associated with each account identified on a withholding statement attached to this form for receiving such amounts (or, if no withholding statement is attached to this form, for all accounts). c I certify that the entity identified in Part I of this form assumes primary withholding as a nominee under Regulations section 1.1446-4(b)(3) for each distribution by a publicly traded partnership associated with each account identified on a withholding statement attached to this form for receiving such distributions (or, if no withholding statement is attached to this form, for all accounts). d I certify that the entity identified in Part I of this form is a QI acting as a qualified securities lender assuming primary withholding and reporting responsibilities with respect to payments that are U.S. source substitute dividends received from the withholding agent associated with each account identified on a withholding statement attached to this form (or, if no withholding statement is attached to this form, for all accounts). e I certify that the entity identified in Part I of this form assumes primary withholding responsibility for purposes of chapters 3 and 4 and primary Form 1099 reporting and backup withholding responsibility for all payments of U.S. source interest and substitute interest associated with this form, as permitted by the QI Agreement. f I certify that the entity identified in Part I of this form assumes primary Form 1099 reporting and backup withholding responsibility or reporting responsibility as a participating FFI or registered deemed-compliant FFI with respect to accounts that it maintains that are held by specified U.S. persons as permitted under Regulations sections 1.6049-4(c)(4)(i) or (c)(4)(ii) in lieu of Form 1099 reporting for each account identified on a withholding statement attached to this form (or, if no withholding statement is attached to this form, for all accounts). g I certify that the entity identified in Part I of this form does not assume primary Form 1099 reporting and backup withholding responsibility for each account identified on a withholding statement attached to this form (or, if no withholding statement is attached to this form, for all accounts). h (Complete only to the extent the entity identified in Part I of this form does not assume primary Form 1099 reporting and backup withholding responsibility.) If the entity identified in Part I of this form has allocated or will allocate a portion of a payment to a chapter 4 withholding rate pool of U.S. payees on a withholding statement associated with this form, I certify that the entity meets the requirements of Regulations section 1.6049-4(c)(4)(iii) with respect to any account holder of an account it maintains that is included in such a withholding rate pool. i (Complete only to the extent the entity identified in Part I of this form does not assume primary Form 1099 reporting and backup withholding responsibility.) If the entity identified in Part I of this form has allocated or will allocate a portion of a payment to a chapter 4 withholding rate pool of U.S. payees on a withholding statement associated with this form, to the extent the U.S. payees are account holders of an intermediary or flow- through entity receiving a payment from the entity, I certify that the entity has obtained, or will obtain, documentation sufficient to establish each such intermediary or flow-through entity status as a participating FFI, registered deemed-compliant FFI, or FFI that is a QI. Form W-8IMY (Rev. 10-2021) |
Form W-8IMY (Rev. 10-2021) Page 3 Qualified Derivatives Dealers 16a I certify that each QDD identified in Part I of this form or on a withholding statement associated with this form meets the requirements to act as a QDD (including approval by the IRS to so act) and assumes primary withholding and reporting responsibilities under chapters 3, 4, and 61 and section 3406 with respect to any payments it makes with respect to potential section 871(m) transactions. b Entity classification of QDD: Corporation Partnership Disregarded Entity Part IV Nonqualified Intermediary Check all that apply. 17a (All nonqualified intermediaries and QIs that are not acting in their capacity as such check here.) I certify that the entity identified in Part I of this form is not acting as a QI with respect to each account(s) for which this form is provided and is not acting for its own account. b I certify that the entity identified in Part I of this form is using this form to transmit withholding certificates and/or other documentation and has provided, or will provide, a withholding statement, as required. Note: If this form is provided for purposes of the entity’s interest in a publicly traded partnership, see the instructions for Part IV before checking this box. c I certify that the entity identified in Part I of this form meets the requirements of Regulations section 1.6049-4(c)(4)(iii) with respect to any account holder of an account it maintains that is included in a withholding rate pool of U.S. payees provided on a withholding statement associated with this form (excluding a distribution from a publicly traded partnership). d I certify that the entity identified in Part I of this form is acting as a qualified securities lender (other than a QI) assuming primary withholding and reporting responsibilities with respect to payments associated with this form that are U.S. source substitute dividends received from the withholding agent. e To the extent that the entity identified in Part I of this form is providing an alternative withholding statement described in Regulations section 1.1441-1(e)(3)(iv)(C)(3) for any payments associated with the form, the entity represents that the information on all of the withholding statements associated with this withholding certificate have been (or will be) verified for inconsistency with any other account information the entity has for the beneficial owners for determining the rate of withholding with respect to each payee (applying the standards of knowledge under section 1441 or section 1471, as applicable). Part V Territory Financial Institution 18a I certify that the entity identified in Part I is a financial institution (other than an investment entity that is not also a depository institution, custodial institution, or specified insurance company) that is incorporated or organized under the laws of a territory of the United States. Check the box on line 18b or 18c, whichever applies. b I further certify that the entity identified in Part I is using this form as evidence of its agreement with the withholding agent to be treated as a U.S. person for purposes of chapters 3 and 4 with respect to any reportable amounts and withholdable payments associated with this withholding certificate. c I further certify that the entity identified in Part I: • Is using this form to transmit withholding certificates and/or other documentation for the persons for whom it receives a payment of a reportable amount or a withholdable payment; and • Has provided or will provide a withholding statement, as required. Check the boxes on lines 18d, and 18e or 18f, as applicable. d I certify that the entity identified in Part I agrees to be treated as a U.S. person under Regulations section 1.1446(f)-4(a)(2)(i)(B) with respect to amounts realized on sales of interests in publicly traded partnerships. e I certify that the entity identified in Part I agrees to be treated as a U.S. person (as described in Regulations section 1.1441-1(b)(2)(iv)(A)) and as a nominee under Regulations section 1.1446-4(b)(3) with respect to distributions by publicly traded partnerships, or f Is not acting as a nominee for distributions from publicly traded partnerships and is providing withholding statements for the distributions. Note: If this form is provided for an amount realized, see the instructions for Part V before providing a withholding statement for an amount realized when the entity does not check the box on line 18d. Part VI Certain U.S. Branches 19a I certify that the entity identified in Part I is a U.S. branch receiving reportable amounts or withholdable payments that are not income effectively connected with the conduct of a trade or business in the United States, distributions from publicly traded partnerships, or amounts realized on sales of interests in publicly traded partnerships. Check the box on line 19b or 19c, whichever applies. b I certify that the entity identified in Part I is a U.S. branch of a foreign bank or insurance company described in Regulations section 1.1441-1(b)(2)(iv)(A) that is using this form as evidence of its agreement with the withholding agent to be treated as a U.S. person with respect to any reportable amounts or withholdable payments associated with this withholding certificate. c I certify that the entity identified in Part I: • Is using this form to transmit withholding certificates and/or other documentation for the persons for whom the branch receives a payment of a reportable amount; • Has provided or will provide a withholding statement, as required; and • In the case of a withholdable payment, is applying the rules described in Regulations section 1.1471-4(d)(2)(iii)(C). Check the boxes on lines 19d, and 19e or 19f, as applicable. d I certify that the entity identified in Part I is a U.S. branch (as described in Regulations section 1.1446(f)-4(a)(2)(i)(B)) that is acting as a U.S. person with respect to amounts realized on the sales of interests in publicly traded partnerships, e I certify that the entity identified in Part I is a U.S. branch (as described in Regulations section 1.1441-1(b)(2)(iv)(A)) that is treated as a U.S. person and as a nominee with respect to distributions by publicly traded partnerships under Regulations section 1.1446-4(b)(3), or f Is not acting as a nominee for distributions from publicly traded partnerships and is providing withholding statements for the distributions. Note: If this form is provided for an amount realized, see the instructions for Part VI before providing a withholding statement for an amount realized when the U.S. branch does not check the box on line 19d. Form W-8IMY (Rev. 10-2021) |
Form W-8IMY (Rev. 10-2021) Page 4 Part VII Withholding Foreign Partnership (WP) or Withholding Foreign Trust (WT) 20 I certify that the entity identified in Part I is a withholding foreign partnership or a withholding foreign trust that is compliant with the terms of its WP or WT agreement. Part VIII Nonwithholding Foreign Partnership, Simple Trust, or Grantor Trust Check all that apply. 21a I certify that the entity identified in Part I: • Is a nonwithholding foreign partnership, a nonwithholding foreign simple trust, or a nonwithholding foreign grantor trust and is providing this form for payments that are not effectively connected, or are not treated as effectively connected, with the conduct of a trade or business in the United States; and • Is using this form to transmit withholding certificates and/or other documentation and has provided or will provide a withholding statement, as required for purposes of chapters 3 and 4, that is subject to the certifications made on this form. b I certify that the entity identified in Part I is a foreign partnership or foreign grantor trust that is a partner in a lower-tier partnership and is providing this Form W-8IMY for purposes of section 1446(a). c I certify that the entity identified in Part I is a foreign partnership receiving an amount realized on the transfer of an interest in a partnership for purposes of section 1446(f). d I certify that the entity identified in Part I is a foreign partnership providing a withholding statement for a modified amount realized from the transfer (check, when applicable, only if box 21c is checked). e I certify that the entity identified in Part I is a foreign grantor trust providing the form on behalf of each grantor or other owner of the trust under Regulations section 1.1446(f)-1(c)(2)(vii) that is transmitting withholding certificates and providing a withholding statement to allocate the amount realized to each grantor or other owner. f To the extent the entity identified in Part I of this form is providing an alternative withholding statement described in Regulations section 1.1441-1(e)(3)(iv)(C)(3) for any payments associated with the form, the entity represents that the information on all of the withholding certificates associated with the withholding statement may be relied on based on the standards of knowledge under section 1441 or section 1471 applicable to the entity. Chapter 4 Status Certifications Part IX Nonparticipating FFI with Exempt Beneficial Owners 22 I certify that the entity identified in Part I is using this form to transmit withholding certificates and/or other documentation and has provided or will provide a withholding statement that indicates the portion of the payment allocated to one or more exempt beneficial owners. Part X Sponsored FFI 23a Name of sponsoring entity: ▶ Check the box on line 23b or 23c, whichever applies. b I certify that the entity identified in Part I: • Is an investment entity; • Is not a QI, WP (except to the extent permitted in the withholding foreign partnership agreement), or WT; and • Has agreed with the entity identified above (that is not a nonparticipating FFI) to act as the sponsoring entity for this entity. c I certify that the entity identified in Part I: • Is a controlled foreign corporation as defined in section 957(a); • Is not a QI, WP, or WT; • Is wholly owned, directly or indirectly, by the U.S. financial institution identified above that agrees to act as the sponsoring entity for this entity; and • Shares a common electronic account system with the sponsoring entity (identified above) that enables the sponsoring entity to identify all account holders and payees of the entity and to access all account and customer information maintained by the entity including, but not limited to, customer identification information, customer documentation, account balance, and all payments made to account holders or payees. Part XI Owner-Documented FFI Note: This status only applies if the U.S. financial institution, participating FFI, reporting Model 1 FFI, or reporting Model 2 FFI to which this form is given has agreed that it will treat the FFI as an owner-documented FFI. The owner-documented FFI must make the certifications below. 24a I certify that the FFI identified in Part I: • Does not act as an intermediary; • Does not accept deposits in the ordinary course of a banking or similar business; • Does not hold, as a substantial portion of its business, financial assets for the account of others; • Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to a financial account; • Is not affiliated with an entity (other than an FFI that is also treated as an owner-documented FFI) that accepts deposits in the ordinary course of a banking or similar business, holds, as a substantial portion of its business, financial assets for the account of others, or is an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to a financial account; and • Does not maintain a financial account for any nonparticipating FFI. Form W-8IMY (Rev. 10-2021) |
Form W-8IMY (Rev. 10-2021) Page 5 Part XI Owner-Documented FFI (continued) Check the box on line 24b or 24c, whichever applies. b I certify that the FFI identified in Part I: • Has provided, or will provide, an FFI owner reporting statement (including any applicable owner documentation) that contains: (i) The name, address, TIN (if any), chapter 4 status, and type of documentation provided (if required) of every individual and specified U.S. person that owns a direct or indirect equity interest in the owner-documented FFI (looking through all entities other than specified U.S. persons); (ii) The name, address, TIN (if any), chapter 4 status, and type of documentation provided (if required) of every individual and specified U.S. person that owns a debt interest in the owner-documented FFI (including any indirect debt interest, which includes debt interests in any entity that directly or indirectly owns the payee or any direct or indirect equity interest in a debt holder of the payee) that constitutes a financial account in excess of $50,000 (disregarding all such debt interests owned by participating FFIs, registered deemed-compliant FFIs, certified deemed-compliant FFIs, excepted NFFEs, exempt beneficial owners, or U.S. persons other than specified U.S. persons); and (iii) Any additional information the withholding agent requests in order to fulfill its obligations with respect to the entity. c I certify that the FFI identified in Part I: • Has provided, or will provide, an auditor’s letter, signed no more than 4 years prior to the date of payment, from an independent accounting firm or legal representative with a location in the United States stating that the firm or representative has reviewed the FFI’s documentation with respect to all of its owners and debt holders identified in Regulations section 1.1471-3(d)(6)(iv)(A)(2) and that the FFI meets all the requirements to be an owner-documented FFI. The FFI identified in Part I has also provided, or will provide, an FFI owner reporting statement and Form W-9, with applicable waivers, as described in Regulations section 1.1471-3(d)(6)(iv). Part XII Certified Deemed-Compliant Nonregistering Local Bank 25 I certify that the FFI identified in Part I: • Operates and is licensed solely as a bank or credit union (or similar cooperative credit organization operated without profit) in its country of incorporation or organization; • Engages primarily in the business of receiving deposits from and making loans to, with respect to a bank, retail customers unrelated to such bank and, with respect to a credit union or similar cooperative credit organization, members, provided that no member has a greater than 5% interest in such credit union or cooperative credit organization; • Does not solicit account holders outside its country of organization; • Has no fixed place of business outside such country (for this purpose, a fixed place of business does not include a location that is not advertised to the public and from which the FFI performs solely administrative support functions); • Has no more than $175 million in assets on its balance sheet and, if it is a member of an expanded affiliated group, the group has no more than $500 million in total assets on its consolidated or combined balance sheets; and • Does not have any member of its expanded affiliated group that is an FFI, other than an FFI that is incorporated or organized in the same country as the FFI identified in Part I and that meets the requirements set forth in this Part XII. Part XIII Certified Deemed-Compliant FFI With Only Low-Value Accounts 26 I certify that the FFI identified in Part I: • Is not engaged primarily in the business of investing, reinvesting, or trading in securities, partnership interests, commodities, notional principal contracts, insurance or annuity contracts, or any interest (including a futures or forward contract or option) in such security, partnership interest, commodity, notional principal contract, insurance contract, or annuity contract; • No financial account maintained by the FFI or any member of its expanded affiliated group, if any, has a balance or value in excess of $50,000 (as determined after applying applicable account aggregation rules); and • Neither the FFI nor the FFI’s entire expanded affiliated group, if any, has more than $50 million in assets on its consolidated or combined balance sheet as of the end of its most recent accounting year. Part XIV Certified Deemed-Compliant Sponsored, Closely Held Investment Vehicle 27a Name of sponsoring entity: ▶ b I certify that the FFI identified in Part I: • Is an FFI solely because it is an investment entity described in Regulations section 1.1471-5(e)(4); • Is not a QI, WP, or WT; • Will have all of its due diligence, withholding, and reporting responsibilities (determined as if the FFI were a participating FFI) fulfilled by the sponsoring entity identified on line 27a; and • 20 or fewer individuals own all of the debt and equity interests in the entity (disregarding debt interests owned by U.S. financial institutions, participating FFIs, registered deemed-compliant FFIs, and certified deemed-compliant FFIs and equity interests owned by an entity that owns 100% of the equity interests in the FFI identified in Part I and is itself a sponsored FFI). Part XV Certified Deemed-Compliant Limited Life Debt Investment Entity 28 I certify that the FFI identified in Part I: • Was in existence as of January 17, 2013; • Issued all classes of its debt or equity interests to investors on or before January 17, 2013, pursuant to a trust indenture or similar agreement; and • Is certified deemed-compliant because it satisfies the requirements to be treated as a limited life debt investment entity (such as the restrictions with respect to its assets and other requirements under Regulations section 1.1471-5(f)(2)(iv)). Form W-8IMY (Rev. 10-2021) |
Form W-8IMY (Rev. 10-2021) Page 6 Part XVI Certain Investment Entities That Do Not Maintain Financial Accounts 29 I certify that the entity identified in Part I: • Is a financial institution solely because it is an investment entity described in Regulations section 1.1471-5(e)(4)(i)(A); and • Does not maintain financial accounts. Part XVII Restricted Distributor 30a (All restricted distributors check here.) I certify that the entity identified in Part I: • Operates as a distributor with respect to debt or equity interests of the restricted fund with respect to which this form is furnished; • Provides investment services to at least 30 customers unrelated to each other and less than half of its customers are related to each other; • Is required to perform AML due diligence procedures under the anti-money laundering laws of its country of organization (which is a FATF-compliant jurisdiction); • Operates solely in its country of incorporation or organization, has no fixed place of business outside of that country, and has the same country of incorporation or organization as all members of its affiliated group, if any; • Does not solicit customers outside its country of incorporation or organization; • Has no more than $175 million in total assets under management and no more than $7 million in gross revenue on its income statement for the most recent accounting year; • Is not a member of an expanded affiliated group that has more than $500 million in total assets under management or more than $20 million in gross revenue for its most recent accounting year on a combined or consolidated income statement; and • Does not distribute any debt or securities of the restricted fund to specified U.S. persons, passive NFFEs with one or more substantial U.S. owners, or nonparticipating FFIs. Check the box on line 30b or 30c, whichever applies. I further certify that with respect to all sales of debt or equity interests in the restricted fund with respect to which this form is furnished that are made after December 31, 2011, the entity identified in Part I: b Has been bound by a distribution agreement that contained a general prohibition on the sale of debt or securities to U.S. entities and U.S. resident individuals and is currently bound by a distribution agreement that contains a prohibition of the sale of debt or securities to any specified U.S. person, passive NFFE with one or more substantial U.S. owners, or nonparticipating FFI. c Is currently bound by a distribution agreement that contains a prohibition on the sale of debt or securities to any specified U.S. person, passive NFFE with one or more substantial U.S. owners, or nonparticipating FFI and, for all sales made prior to the time that such a restriction was included in its distribution agreement, has reviewed all accounts related to such sales in accordance with the procedures identified in Regulations section 1.1471-4(c) applicable to preexisting accounts and has redeemed or retired any securities which were sold to specified U.S. persons, passive NFFEs with one or more substantial U.S. owners, or nonparticipating FFIs, or will transfer the securities to a distributor that is a participating FFI, reporting Model 1 FFI, or reporting Model 2 FFI. Part XVIII Foreign Central Bank of Issue 31 I certify that the entity identified in Part I is treated as the beneficial owner of the payment solely for purposes of chapter 4 under Regulations section 1.1471-6(d)(4). Part XIX Nonreporting IGA FFI 32 I certify that the entity identified in Part I: • Meets the requirements to be considered a nonreporting financial institution pursuant to an applicable IGA between the United States and . The applicable IGA is a Model 1 IGA or a Model 2 IGA; and is treated as a under the provisions of the applicable IGA or Treasury regulations (if applicable, see instructions); and • If you are a trustee documented trust or a sponsored entity, provide the name of the trustee or sponsor . The trustee is: U.S. Foreign Part XX Exempt Retirement Plans Check the box on line 33a, b, c, d, e, or f, whichever applies. 33a I certify that the entity identified in Part I: • Is established in a country with which the United States has an income tax treaty in force; • Is operated principally to administer or provide pension or retirement benefits; and • Is entitled to treaty benefits on income that the fund derives from U.S. sources (or would be entitled to benefits if it derived any such income) as a resident of the other country which satisfies any applicable limitation on benefits requirement. b I certify that the entity identified in Part I: • Is organized for the provision of retirement, disability, or death benefits (or any combination thereof) to beneficiaries that are former employees of one or more employers in consideration for services rendered; • No single beneficiary has a right to more than 5% of the FFI’s assets; • Is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the country in which the fund is established or operated; and Form W-8IMY (Rev. 10-2021) |
Form W-8IMY (Rev. 10-2021) Page 7 Part XX Exempt Retirement Plans (continued) (i) Is generally exempt from tax on investment income under the laws of the country in which it is established or operates due to its status as a retirement or pension plan; (ii) Receives at least 50% of its total contributions from sponsoring employers (disregarding transfers of assets from other plans described in this part, retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, other retirement funds described in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A)); (iii) Either does not permit or penalizes distributions or withdrawals made before the occurrence of specified events related to retirement, disability, or death (except rollover distributions to accounts described in Regulations section 1.1471-5(b)(2)(i)(A) (referring to retirement and pension accounts), to retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, or to other retirement funds described in this part or in an applicable Model 1 or Model 2 IGA); or (iv) Limits contributions by employees to the fund by reference to earned income of the employee or may not exceed $50,000 annually. c I certify that the entity identified in Part I: • Is organized for the provision of retirement, disability, or death benefits (or any combination thereof) to beneficiaries that are former employees of one or more employers in consideration for services rendered; • Has fewer than 50 participants; • Is sponsored by one or more employers, each of which is not an investment entity or passive NFFE; • Employee and employer contributions to the fund (disregarding transfers of assets from other plans described in this part, retirement and pension accounts described in an applicable Model 1 or Model 2 IGA, or accounts described in Regulations section 1.1471-5(b)(2)(i)(A)) are limited by reference to earned income and compensation of the employee, respectively; • Participants that are not residents of the country in which the fund is established or operated are not entitled to more than 20% of the fund’s assets; and • Is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the country in which the fund is established or operates. d I certify that the entity identified in Part I is formed pursuant to a pension plan that would meet the requirements of section 401(a), other than the requirement that the plan be funded by a trust created or organized in the United States. e I certify that the entity identified in Part I is established exclusively to earn income for the benefit of one or more retirement funds described in this part or in an applicable Model 1 or Model 2 IGA, accounts described in Regulations section 1.1471-5(b)(2)(i)(A) (referring to retirement and pension accounts), or retirement and pension accounts described in an applicable Model 1 or Model 2 IGA. f I certify that the entity identified in Part I: • Is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S. possession (each as defined in Regulations section 1.1471-6) or an exempt beneficial owner described in an applicable Model 1 or Model 2 IGA to provide retirement, disability, or death benefits to beneficiaries or participants that are current or former employees of the sponsor (or persons designated by such employees); or • Is established and sponsored by a foreign government, international organization, central bank of issue, or government of a U.S. possession (each as defined in Regulations section 1.1471-6) or an exempt beneficial owner described in an applicable Model 1 or Model 2 IGA to provide retirement, disability, or death benefits to beneficiaries or participants that are not current or former employees of such sponsor, but are in consideration of personal services performed for the sponsor. Part XXI Excepted Nonfinancial Group Entity 34 I certify that the entity identified in Part I: • Is a holding company, treasury center, or captive finance company and substantially all of the entity’s activities are functions described in Regulations section 1.1471-5(e)(5)(i)(C) through (E); • Is a member of a nonfinancial group described in Regulations section 1.1471-5(e)(5)(i)(B); • Is not a depository or custodial institution (other than for members of the entity’s expanded affiliated group); and • Does not function (or hold itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or any investment vehicle with an investment strategy to acquire or fund companies and then hold interests in those companies as capital assets for investment purposes. Part XXII Excepted Nonfinancial Start-Up Company 35 I certify that the entity identified in Part I: • Was formed on (or in the case of a new line of business, the date of board resolution approving the new line of business) (date must be less than 24 months prior to date of payment); • Is not yet operating a business and has no prior operating history or is investing capital in assets with the intent to operate a new line of business other than that of a financial institution or passive NFFE; and • Does not function (or hold itself out) as an investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or any investment vehicle whose purpose is to acquire or fund companies and then hold interests in those companies as capital assets for investment purposes. Part XXIII Excepted Nonfinancial Entity in Liquidation or Bankruptcy 36 I certify that the entity identified in Part I: • Filed a plan of liquidation, filed a plan for reorganization, or filed for bankruptcy on the following date: ; • Has not been engaged during the past 5 years in business as a financial institution or acted as a passive NFFE; • Is either liquidating or emerging from a reorganization or bankruptcy with the intent to continue or recommence operations as a nonfinancial entity; and • Has provided, or will provide, documentary evidence such as a bankruptcy filing or other public documentation that supports its claim if it remains in bankruptcy or liquidation for more than 3 years. Form W-8IMY (Rev. 10-2021) |
Form W-8IMY (Rev. 10-2021) Page 8 Part XXIV Publicly Traded NFFE or NFFE Affiliate of a Publicly Traded Corporation Check the box on line 37a or 37b, whichever applies. 37a I certify that: • The entity identified in Part I is a foreign corporation that is not a financial institution; and • The stock of such corporation is regularly traded on one or more established securities markets, including . b I certify that: • The entity identified in Part I is a foreign corporation that is not a financial institution; • The entity identified in Part I is a member of the same expanded affiliated group as an entity the stock of which is regularly traded on an established securities market; • The name of the entity, the stock of which is regularly traded on an established securities market, is ; and • The name of the securities market on which the stock is regularly traded is ▶ . Part XXV Excepted Territory NFFE 38 I certify that: • The entity identified in Part I is an entity that is organized in a possession of the United States; • All of the owners of the entity identified in Part I are bona fide residents of the possession in which the NFFE is organized or incorporated; and • The entity identified in Part I: (i) Does not accept deposits in the ordinary course of a banking or similar business; (ii) Does not hold, as a substantial portion of its business, financial assets for the account of others; and (iii) Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect to a financial account. Part XXVI Active NFFE 39 I certify that: • The entity identified in Part I is a foreign entity that is not a financial institution; • Less than 50% of such entity’s gross income for the preceding calendar year is passive income; and • Less than 50% of the assets held by such entity are assets that produce or are held for the production of passive income (calculated as a weighted average of the percentage of passive assets measured quarterly). See the instructions for the definition of passive income. Part XXVII Passive NFFE 40 I certify that the entity identified in Part I: • Is a foreign entity that is not a financial institution (this category includes an entity organized in a possession of the United States that engages (or holds itself out as being engaged) primarily in the business of investing, reinvesting, or trading in securities, partnership interests, commodities, notional principal contracts, insurance or annuity contracts, or any interest in such security, partnership interest, commodity, notional principal contract, insurance contract, or annuity contract); and • Is using this form to transmit withholding certificates and/or other documentation and has provided or will provide a withholding statement, as required. Part XXVIII Sponsored Direct Reporting NFFE 41 Name of sponsoring entity: ▶ 42 I certify that the entity identified in Part I is a direct reporting NFFE that is sponsored by the entity identified on line 41. Part XXIX Certification Under penalties of perjury, I declare that I have examined the information on this form, and to the best of my knowledge and belief, it is true, correct, and complete. Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the income or proceeds for which I am providing this form or any withholding agent that can disburse or make payments of the amounts for which I am providing this form. I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect. ▲ Sign Here Signature of authorized official Print Name Date (MM-DD-YYYY) Form W-8IMY (Rev. 10-2021) |