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Form W-8BEN-E Instructions
Form W-8BEN-E Instructions
Form W-8BEN-E
(June 2014)
Certificate of Status of Beneficial Owner for
United States Tax Withholding and Reporting (Entities)
Section references are to the Internal Revenue Code nonparticipating FFI by using this form to document its
unless otherwise noted. applicable chapter 4 status.
Chapter 4 also requires withholding agents to withhold
Future Developments on certain payments made to a foreign entity that does not
document its chapter 4 status and, in some cases,
For the latest information about developments related to disclose its substantial U.S. owners. In general, a foreign
Form W-8BEN-E and its instructions, such as legislation entity receiving a withholdable payment should provide
enacted after they were published, go to www.irs.gov/ this form when requested to avoid withholding
formw8bene. consequences.
Reportable payment card transactions. Section
What's New 6050W was added by section 3091 of the Housing
FATCA. In 2010, Congress passed the Hiring Incentives Assistance Tax Act of 2008 and requires information
to Restore Employment Act of 2010, P.L. 111-147 (the returns to be made by certain payers with respect to
HIRE Act), which added chapter 4 of Subtitle A payments made to participating payees (as defined in
(chapter 4) to the Code, consisting of sections 1471 Regulations section 1.6050W-1(a)(5)) in settlement of
through 1474 of the Code and commonly referred to as payment card transactions and third party payment
“FATCA” or “chapter 4.” Under chapter 4, foreign financial network transactions. Information returns are not required
institutions (FFIs) that are participating FFIs and certain with respect to payments made to payees that are foreign
registered deemed-compliant FFIs are generally required persons, however.
to identify their U.S. account holders, regardless of A payer of a reportable payment for chapter 61
whether a payment subject to withholding is made to their purposes (i.e., Form 1099 reporting purposes) may treat a
accounts. In January 2013, final regulations were payee as foreign if the payer receives an applicable Form
published that provide due diligence, withholding, and W-8 from the payee. Provide this Form W-8BEN-E to the
reporting rules for both U.S. withholding agents and FFIs requestor if you are a foreign entity that is a participating
under chapter 4. Additionally, temporary and proposed payee receiving payments in settlement of payment card
regulations were released in February 2014 providing or third party network transactions that are not effectively
updated rules under chapter 4 as well as guidance connected with a U.S. trade or business of the
coordinating chapters 3 and 61 with the requirements of participating payee.
chapter 4. U.S. withholding agents and FFIs will be
required to begin withholding on withholdable payments
for chapter 4 purposes beginning on July 1, 2014. General Instructions
This form, along with Forms W-8ECI, W-8EXP, and For definitions of terms used throughout these
W-8IMY, has been updated to reflect the documentation instructions, see Definitions, later.
requirements of chapter 4. In particular, this Form
W-8BEN-E is now used exclusively by entities to Purpose of Form
document their status both as a payee under chapter 4 This form is used by foreign entities to document their
and beneficial owner under chapter 3 (chapter 3) of the status for purposes of chapter 3 and chapter 4, as well as
Code when required (including an entity eligible to claim for certain other code provisions.
treaty benefits for reduced withholding), and under certain
other sections of the Code to establish their status for Foreign persons are subject to U.S. tax at a 30% rate
withholding or reporting purposes. Individuals (the foreign-person withholding rate) on income they
documenting their foreign status (or making a claim of receive from U.S. sources that consists of:
treaty benefits for reduced withholding) should use Form Interest (including certain original issue discount (OID));
W-8BEN instead of this form. Dividends;
An entity account holder holding accounts with certain Rents;
FFIs that does not document its applicable chapter 4 Royalties;
status when required may be treated as a recalcitrant Premiums;
account holder or nonparticipating FFI and will be subject Annuities;
to 30% withholding on withholdable payments it receives Compensation for, or in expectation of, services
from the FFI. A foreign entity account holder can avoid performed;
being classified as a recalcitrant account holder or Substitute payments in a securities lending transaction;
or
Line 15. Line 15 must be used only if you are claiming Note. A sponsored FFI is not required to have obtained
treaty benefits that require that you meet conditions not its own GIIN before January 1, 2016.
covered by the representations you make in line 14. This Line 17. You must check the applicable box to certify that
line is generally not applicable to claiming treaty benefits you are either a sponsored investment entity (you may
under an interest or dividends (other than dividends provide this certification even if you are not an FFI solely
subject to a preferential rate based on ownership) article because you are an investment entity) or sponsored
of a treaty. controlled foreign corporation (within the meaning of
The following are examples of persons who should section 957(a)) and that you satisfy the other relevant
complete this line. requirements for this status.
Exempt organizations claiming treaty benefits under the
exempt organization articles of the treaties with Canada, Part V – Certified Deemed-Compliant
Mexico, Germany, and the Netherlands. Nonregistering Local Bank
Foreign corporations that are claiming a preferential
rate applicable to dividends based on ownership of a Line 18. A certified deemed-compliant nonregistering
specific percentage of stock in the entity paying the local bank must check the box to certify that it meets all of
dividend. the requirements for this certified deemed-compliant
Persons claiming treaty benefits on royalties if the status.
treaty contains different withholding rates for different
types of royalties.
Part VI – Certified Deemed-Compliant
Persons claiming treaty benefits under an “other FFI with Only Low-Value Accounts
income” treaty article.
Line 19. A certified deemed-compliant FFI with only low
Parts IV Through XXVIII – value accounts must check the box to certify that it
satisfies all of the requirements for this certified
Certification of Chapter 4 Status deemed-compliant classification.
You should complete only one part of Parts IV through
XXVIII certifying to your chapter 4 status (if required, see Part VII – Certified Deemed-Compliant
the specific instructions for line 5). Identify which part (if Sponsored, Closely
any) you should complete by reference to the box you
checked on line 5. An entity that selects nonparticipating Held Investment Vehicle
FFI, participating FFI, registered deemed-compliant FFI,
reporting Model 1 FFI, reporting Model 2 FFI, or direct Line 20. Enter the name of your sponsoring entity that
reporting NFFE (other than a sponsored direct reporting has agreed to fulfill the due diligence, reporting, and
NFFE) in line 5 is not required to complete any of the withholding obligations of the entity identified in line 1 as if
certifications in Parts IV through XXVIII. the entity in line 1 were a participating FFI. You must also
enter the GIIN of your sponsoring entity on line 9a.
IGA. In lieu of the certifications contained in Parts IV
through XXVIII of Form W-8BEN-E, a reporting Model 1 Line 21. A sponsored, closely held investment vehicle
FFI or reporting Model 2 FFI in certain cases may request must check the box to certify that it meets all of the
alternate certifications to document its account holders requirements for this certified deemed-compliant status.
pursuant to an applicable IGA or you may otherwise For purposes of this certification, the requirement for a
contractual relationship (referred to on line 21 of the form)
Line 22. A limited life debt investment entity must check A restricted distributor may certify only with
the box to certify that it meets all of the requirements for ! respect to an account it maintains in connection
this certified deemed-compliant status.
CAUTION with a distribution agreement with a restricted
fund described in this Part XI. A restricted distributor that,
Part IX – Certified Deemed-Compliant in connection with such a distribution agreement, receives
a payment subject to chapter 3 withholding or a
Investment Advisors withholdable payment should complete Form W-8IMY and
and Investment Managers not this form except to the extent it holds interests in
connection with such an agreement as a beneficial owner.
Line 23. An investment advisor or investment manager
must check the box to certify that it meets all of the Part XII – Nonreporting IGA FFI
requirements for this certified deemed-compliant status.
Line 26. Check the box to indicate that you are treated as
Part X – Owner-Documented FFI a nonreporting IGA FFI under an applicable IGA, including
an entity treated as a registered deemed-compliant FFI
Line 24a. An owner-documented FFI must check the box
under an applicable IGA. You must identify the applicable
to certify that it meets all of the requirements for this status
IGA by entering the name of the jurisdiction that has the
and is providing this form to a U.S. financial institution,
applicable IGA treated as in effect with the United States.
participating FFI, reporting Model 1 FFI, or reporting
You must also provide the withholding agent with the
Model 2 FFI that agrees to act as a designated
specific category of FFI described in Annex II of the IGA
withholding agent with respect to the FFI identified on
applicable to your status.
line 1. See Regulations section 1.1471-5(f)(3) for more
information about an owner-documented FFI, including a If you are an FFI treated as a registered
designated withholding agent. deemed-compliant FFI under an applicable Model 2 IGA,
you must also provide your GIIN in the space provided.
Check either line 24b or line 24c. Do not check The GIIN does not need to be provided on line 9a. See
TIP both boxes. http://www.treasury.gov/resource-center/tax-policy/
treaties/Pages/FATCA-Archive.aspx for a list of
Line 24b. Check the box to certify that you have provided jurisdictions treated as having an IGA in effect for
or will provide the documentation set forth in the purposes of making this certification.
certifications, including the owner reporting statement If you are a sponsored FFI in a Model 1 IGA
described in this line 24b. If you check the box on jurisdiction or other nonreporting FFI in a Model 1
line 24b, you should not check the box on line 24c. !
CAUTION IGA jurisdiction that is required to report an
Line 24c. Check the box to certify that you have provided account, you are currently not required to provide a GIIN
or will provide the auditor’s letter (in lieu of the information in this Part XII. However, a future version of this form may
required by line 24b) that satisfies the requirements require you to provide a GIIN.
reflected on this line.
Line 24d. Check the box if you do not have any
Part XIII – Foreign Government,
contingent beneficiaries or designated classes with Government of a U.S. Possession, or
unidentified beneficiaries. While this certification is not
required, a Form W-8BEN-E provided by an
Foreign Central Bank of Issue
owner-documented FFI will remain indefinitely valid for Line 27. A foreign government, government of a U.S.
chapter 4 purposes absent a change in circumstances possession, or foreign central bank of issue (each as
with respect to offshore obligations (as defined in defined in Regulations section 1.1471-6) must check the
Regulations section 1.6049-5(c)(1)) only if this box and certify that it satisfies all of the requirements for
certification is provided and the account balance of all this status (including that it does not engage in the type of
accounts held by the owner-documented FFI with the commercial financial activities described on this line
withholding agent does not exceed $1,000,000 on the except to the extent permitted under Regulations section
later of June 30, 2014, or the last day of the calendar year 1.1471-6(h)(2)).
in which the account was opened, and the last day of
each subsequent calendar year preceding the payment, If you are a foreign government, government of a
applying the aggregation principles of Regulations section TIP U.S. possession, or foreign central bank of issue,
1.1471-5(b)(4)(iii). you should only complete this Form W-8BEN-E
for payments for which you are not claiming the
applicability of section(s) 115(2), 501(c), 892, 895, or
1443(b), otherwise you should use Form W-8EXP.