Instructions for Department of the Treasury

Internal Revenue Service

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

Jun 20, 2014 Cat. No. 59691Z

 Other fixed or determinable annual or periodical gains, In addition to the requirements of chapter 3, chapter 4
profits, or income. requires withholding agents to identify the chapter 4 status
of entities that are payees receiving withholdable
This tax is imposed on the gross amount paid and is payments (see the instructions for Part I, line 5, of this
generally collected by withholding under section 1441 or form, later). A withholding agent may request this Form
1442 on that amount. A payment is considered to have W-8BEN-E to establish your chapter 4 status and avoid
been made whether it is made directly to the beneficial withholding at a 30% rate (the chapter 4 rate) on such
owner or to another person, such as an intermediary, payments.
agent, or partnership, for the benefit of the beneficial
owner. Chapter 4 also requires participating FFIs and certain
registered deemed-compliant FFIs to document their
In addition, section 1446 requires a partnership entity account holders in order to determine their
conducting a trade or business in the United States to chapter 4 status regardless of whether withholding applies
withhold tax on a foreign partner’s distributive share of the to any payments made to the entities. If you are an entity
partnership’s effectively connected taxable income. maintaining an account with an FFI, provide this Form
Generally, a foreign person that is a partner in a W-8BEN-E when requested by the FFI in order to
partnership that submits a Form W-8 for purposes of document your chapter 4 status.
section 1441 or 1442 will satisfy the documentation
requirements under section 1446 as well. However, in Additional information. For additional information and
some cases the documentation requirements of sections instructions for the withholding agent, see the Instructions
1441 and 1442 do not match the documentation for the Requester of Forms W-8BEN, W-8BEN-E,
requirements of section 1446. See Regulations sections W-8ECI, W-8EXP, and W-8IMY.
1.1446-1 through 1.1446-6. Further, the owner of a
disregarded entity, rather than the disregarded entity Who Must Provide Form W-8BEN-E
itself, submits the appropriate Form W-8 for purposes of You must give Form W-8BEN-E to the withholding agent
section 1446. or payer if you are a foreign entity receiving a withholdable
payment from a withholding agent, receiving a payment
A withholding agent or payer of the income may rely on subject to chapter 3 withholding, or if you are such an
a properly completed Form W-8BEN-E to treat a payment entity maintaining an account with an FFI requesting this
associated with the Form W-8BEN-E as a payment to a form.
foreign person who beneficially owns the amounts paid. If
applicable, the withholding agent may rely on the Form Do not use Form W-8BEN-E if you are described
W-8BEN-E to apply a reduced rate of, or exemption from, below.
withholding. If you receive certain types of income, you You are U.S. person (including U.S. citizens, resident
must provide Form W-8BEN-E to: aliens, and entities treated as U.S. persons, such as a
Claim that you are the beneficial owner of the income corporation organized under the law of a state). Instead,
for which Form W-8BEN-E is being provided or a partner use Form W-9, Request for Taxpayer Identification
in a partnership subject to section 1446; and Number and Certification.
If applicable, claim a reduced rate of, or exemption You are a foreign insurance company that has made an
from, withholding as a resident of a foreign country with election under section 953(d) to be treated as a U.S.
which the United States has an income tax treaty that is person. Instead, provide a withholding agent with Form
eligible for treaty benefits. W-9 to certify to your U.S. status even if you are
considered an FFI for purposes of chapter 4.
You may also use Form W-8BEN-E to identify income You are a nonresident alien individual. Instead, use
from a notional principal contract that is not effectively Form W-8BEN, Certificate of Foreign Status of Beneficial
connected with the conduct of a trade or business in the Owner for United States Tax Withholding and Reporting
United States to establish the exception to reporting such (Individuals).
income on Form 1042-S. See Regulations section You are a disregarded entity with a single owner that is
1.1461-1(c)(2)(ii)(F). a U.S. person and you are not a hybrid entity claiming
You may also be required to submit Form W-8BEN-E to treaty benefits. Instead, the single owner should provide
claim an exception from domestic information reporting on Form W-9.
Form 1099 and backup withholding (at the backup You are a disregarded entity with a single owner that is
withholding rate under section 3406) for certain types of not a U.S. person or a branch of an FFI claiming its status
income. Such income includes: for chapter 4 purposes and you are not a hybrid entity
Broker proceeds. claiming treaty benefits. Instead, the single owner should
Short-term (183 days or less) original issue discount provide Form W-8BEN or Form W-8BEN-E (as
(short-term OID). appropriate). Note, however, that the single entity owner
Bank deposit interest. may be required to identify the branch (including a
disregarded entity) in Part II of the owner’s Form
Foreign source interest, dividends, rents, or royalties.
W-8BEN-E and, in some cases, provide the legal name of
Provide Form W-8BEN-E to the withholding agent or the disregarded entity in Part I, line 3 (see the specific
payer before income is paid or credited to you. Failure to instructions for line 3, later).
provide a Form W-8BEN-E when requested may lead to You are acting as an intermediary (that is, acting not for
withholding at a 30% rate (foreign-person withholding your own account, but for the account of others as an
rate) or the backup withholding rate. agent, nominee, or custodian), a qualified intermediary, or

-2- Instructions for Form W-8BEN-E (6-2014)

a qualified securities lender (QSL) with regard to a each partner’s, beneficiary’s, or owner’s distributive share
payment of U.S. source substitute dividends. Instead, of income subject to withholding under chapters 3 and 4
provide Form W-8IMY, Certificate of Foreign Intermediary, that is paid to the partnership or trust. Instead, provide
Foreign Flow-Through Entity, or Certain U.S. Branches for Form W-8IMY.
United States Tax Withholding and Reporting. You are a foreign partnership or foreign grantor trust
You are receiving income that is effectively connected providing documentation for purposes of section 1446.
with the conduct of a trade or business in the United Instead, provide Form W-8IMY and accompanying
States, unless it is allocable to you through a partnership. documentation. See Regulations sections 1.1446-1
Instead, provide Form W-8ECI, Certificate of Foreign through 1.1446-6.
Person’s Claim That Income Is Effectively Connected You are a foreign branch of a U.S. financial institution
With the Conduct of a Trade or Business in the United that is an FFI (other than a qualified intermediary branch)
States. If any of the income for which you have provided a under an applicable Model 1 IGA. For purposes of
Form W-8BEN-E becomes effectively connected, this is a identifying yourself to withholding agents, you may submit
change in circumstances and Form W-8BEN-E is no Form W-9 to certify to your U.S. status.
longer valid. You must file Form W-8ECI. See Change in
Giving Form W-8BEN-E to the withholding agent. Do
circumstances, later.
not send Form W-8BEN-E to the IRS. Instead, give it to
You are filing for a foreign government, international the person who is requesting it from you. Generally, this
organization, foreign central bank of issue, foreign will be the person from whom you receive the payment,
tax-exempt organization, foreign private foundation, or who credits your account, or a partnership that allocates
government of a U.S. possession claiming the income to you. An FFI may also request this form from you
applicability of section 115(2), 501(c), 892, 895, or to document the status of your account.
1443(b). Instead, provide Form W-8EXP, Certificate of
Foreign Government or Other Foreign Organization for When to provide Form W-8BEN-E to the withholding
United States Tax Withholding and Reporting, to certify as agent. Give Form W-8BEN-E to the person requesting it
to your exemption and identify your applicable chapter 4 before the payment is made to you, credited to your
status. However, provide Form W-8BEN-E if you are account or allocated. If you do not provide this form, the
claiming treaty benefits, providing the form only to claim withholding agent may have to withhold at the 30% rate
you are a foreign person exempt from backup withholding, (as applicable under chapters 3 or 4), backup withholding
or providing this form solely to document your chapter 4 rate, or the rate applicable under section 1446. If you
status. For example, a foreign tax-exempt entity receiving receive more than one type of income from a single
royalty income that is not exempt because it is taxable as withholding agent for which you claim different benefits,
unrelated business income but is eligible for a reduced the withholding agent may, at its option, require you to
rate of withholding under a royalty article of a tax treaty submit a Form W-8BEN-E for each different type of
should provide Form W-8BEN-E. You should use Form income. Generally, a separate Form W-8BEN-E must be
W-8ECI if you are receiving effectively connected income given to each withholding agent.
(for example, income from commercial activities that is not Note. If you own the income with one or more other
exempt under an applicable section of the Code). persons, the income will be treated by the withholding
You are a foreign flow-through entity receiving a agent as owned by a foreign person that is a beneficial
withholdable payment or a payment subject to chapter 3 owner of a payment only if Form W-8BEN or W-8BEN-E
withholding, other than a hybrid entity claiming treaty (or other applicable document) is provided by each of the
benefits on its own behalf. Instead, provide Form W-8IMY. owners. An account will be treated as a U.S. account for
However, if you are a foreign partner, beneficiary, or chapter 4 purposes by an FFI requesting this form if any of
owner of a flow-through entity and you are not yourself a the account holders is a specified U.S. person or a
flow-through entity, you may be required to furnish a Form U.S.-owned foreign entity (unless the account is otherwise
W-8BEN-E with respect to your interest in the excepted from U.S. account status for chapter 4
flow-through entity. If you are not receiving withholdable purposes).
payments or payments subject to withholding under Change in circumstances. If a change in
chapter 3, however, a foreign flow-through entity may still circumstances makes any information on the Form
provide this Form W-8BEN-E to an FFI requesting this W-8BEN-E you have submitted incorrect for purposes of
form solely for purposes of documenting your account as either chapter 3 or chapter 4, you must notify the
part of its due diligence obligations under chapter 4 or an withholding agent or financial institution maintaining your
applicable IGA. account within 30 days of the change in circumstances
You are a reverse hybrid entity transmitting beneficial and you must file a new Form W-8BEN-E (or other
owner documentation provided by your interest holders to appropriate form as applicable). See Regulations sections
claim treaty benefits on their behalf. Instead, provide Form 1.1441-1(e)(4)(ii)(D) for the definition of a change in
W-8IMY. circumstances for purposes of chapter 3. See Regulations
You are a withholding foreign partnership or a section 1.1471-3(c)(6)(ii)(E) for the definition of a change
withholding foreign trust within the meaning of sections in circumstances for purposes of chapter 4.
1441 and 1442 and the accompanying regulations. A
withholding foreign partnership or a withholding foreign Expiration of Form W-8BEN-E. Generally, a Form
trust is a foreign partnership or trust that has entered into W-8BEN-E will remain valid for purposes of both chapters
a withholding agreement with the IRS under which it 3 and 4 for a period starting on the date the form is signed
agrees to assume primary withholding responsibility for and ending on the last day of the third succeeding

Instructions for Form W-8BEN-E (6-2014) -3-

calendar year, unless a change in circumstances makes foreign grantor trust (that is, a foreign trust to the extent
any information on the form incorrect. For example, a that all or a portion of the income of the trust is treated as
Form W-8BEN signed on September 30, 2014 remains owned by the grantor or another person under sections
valid through December 31, 2017. 671 through 679) are the persons treated as the owners of
However, under certain conditions a Form W-8BEN-E the trust. The beneficial owners of income paid to a
will remain in effect indefinitely until a change of foreign complex trust (that is, a foreign trust that is not a
circumstances occurs. To determine the period of validity foreign simple trust or foreign grantor trust) is the trust
for Form W-8BEN-E for purposes of chapter 4, see itself.
Regulations section 1.1471-3(c)(6)(ii). To determine the For purposes of section 1446, the same beneficial
period of validity for Form W-8BEN-E for purposes of owner rules apply, except that under section 1446 a
chapter 3, see Regulations section 1.1441-1(e)(4)(ii). foreign simple trust rather than the beneficiary provides
the form to the partnership.
Definitions The beneficial owner of income paid to a foreign estate
Account holder. An account holder is generally the is the estate itself.
person listed or identified as the holder or owner of a Note. A payment to a U.S. partnership, U.S. trust, or
financial account. For example, if a partnership is listed as U.S. estate is treated as a payment to a U.S. payee that is
the holder or owner of a financial account, then the not subject to 30% withholding for purposes of chapter 3
partnership is the account holder, rather than the partners and chapter 4. A U.S. partnership, trust, or estate should
of the partnership. However, an account that is held by a provide the withholding agent with a Form W-9. For
disregarded entity (other than a disregarded entity treated purposes of section 1446, a U.S. grantor trust or
as an FFI for chapter 4 purposes) is treated as held by the disregarded entity shall not provide the withholding agent
person owning the entity. a Form W-9 in its own right. Rather, the grantor or other
Amounts subject to withholding under chapter 3. owner shall provide the withholding agent the appropriate
Generally, an amount subject to chapter 3 withholding is form.
an amount from sources within the United States that is Chapter 3. Chapter 3 means Chapter 3 of the Internal
fixed or determinable annual or periodical (FDAP) income. Revenue Code (Withholding of Tax on Nonresident Aliens
FDAP income is all income included in gross income, and Foreign Corporations). Chapter 3 contains sections
including interest (as well as OID), dividends, rents, 1441 through 1464.
royalties, and compensation. FDAP income does not
Chapter 4. Chapter 4 means Chapter 4 of the Internal
include most gains from the sale of property (including
Revenue Code (Taxes to Enforce Reporting on Certain
market discount and option premiums), as well as other
Foreign Accounts). Chapter 4 contains sections 1471
specific items of income described in Regulations section
through 1474.
1.1441-2 (such as interest on bank deposits and
short-term OID). Chapter 4 status. The term chapter 4 status means a
For purposes of section 1446, the amount subject to person’s status as a U.S. person, specified U.S. person,
withholding is the foreign partner’s share of the foreign individual, participating FFI, deemed-compliant
partnership’s effectively connected taxable income. FFI, restricted distributor, exempt beneficial owner,
nonparticipating FFI, territory financial institution,
Beneficial owner. For payments other than those for excepted NFFE, or passive NFFE. See Regulations
which a reduced rate of, or exemption from, withholding is section 1.1471-1(b) for the definitions of these terms.
claimed under an income tax treaty, the beneficial owner
of income is generally the person who is required under Deemed-compliant FFI. Under section 1471(b)(2),
U.S. tax principles to include the payment in gross income certain FFIs are deemed to comply with the regulations
on a tax return. A person is not a beneficial owner of under chapter 4 without the need to enter into an FFI
income, however, to the extent that person is receiving the agreement with the IRS. However, certain
income as a nominee, agent, or custodian, or to the extent deemed-compliant FFIs are required to register with the
the person is a conduit whose participation in a IRS and obtain a GIIN. These FFIs are referred to as
transaction is disregarded. In the case of amounts paid registered deemed-compliant FFIs. See Regulations
that do not constitute income, beneficial ownership is section 1.1471-5(f)(1).
determined as if the payment were income. Disregarded entity. A business entity that has a single
Foreign partnerships, foreign simple trusts, and foreign owner and is not a corporation under Regulations section
grantor trusts are not the beneficial owners of income paid 301.7701-2(b) is disregarded as an entity separate from
to the partnership or trust. The beneficial owners of its owner. A disregarded entity does not submit this Form
income paid to a foreign partnership are generally the W-8BEN-E to a withholding agent or FFI. Instead, the
partners in the partnership, provided that the partner is not owner of such entity provides the appropriate
itself a partnership, foreign simple or grantor trust, documentation (for example, a Form W-8BEN-E if the
nominee or other agent. The beneficial owners of income owner is a foreign entity). See Regulations section
paid to a foreign simple trust (that is, a foreign trust that is 1.1446-1 and section 1.1471-3(a)(3)(v), respectively.
described in section 651(a)) are generally the However, if a disregarded entity receiving a withholdable
beneficiaries of the trust, if the beneficiary is not a foreign payment is an FFI outside the single owner’s country of
partnership, foreign simple or grantor trust, nominee or organization, the owner will be required to complete Part II
other agent. The beneficial owners of income paid to a

-4- Instructions for Form W-8BEN-E (6-2014)

of Form W-8BEN-E to document the chapter 4 status of establish the partnership or grantor trust as a look-through
the disregarded entity receiving the payment. entity. The Form W-8IMY may be accompanied by this
Certain entities that are disregarded for U.S. tax form or another version of Form W-8 or Form W-9 to
purposes may be recognized for purposes of claiming establish the foreign or domestic status of a partner or
treaty benefits under an applicable tax treaty (see the grantor or other owner. See Regulations section 1.1446-1.
definition of hybrid entity, later) or as an FFI under an Foreign person. A foreign person includes a foreign
applicable IGA. A hybrid entity claiming treaty benefits on corporation, a foreign partnership, a foreign trust, a foreign
its own behalf is required to complete this Form estate, and any other person that is not a U.S. person. It
W-8BEN-E. See Hybrid Entities under Special also includes a foreign branch or office of a U.S. financial
Instructions, later. institution or U.S. clearing organization if the foreign
Financial account. A financial account includes: branch is a qualified intermediary (QI). Generally, a
A depository account maintained by an FFI; payment to a U.S. branch of a foreign person is a payment
A custodial account maintained by an FFI; to a foreign person.
Equity or debt interests (other than interests regularly GIIN. The term GIIN means a global intermediary
traded on an established securities market) in investment identification number. A GIIN is the identification number
entities and certain holding companies, treasury centers, assigned to an entity that has registered with the IRS for
or financial institutions as defined in Regulations section chapter 4 purposes.
1.1471-5(e);
Hybrid entity. A hybrid entity is any person (other than
Certain cash value insurance contracts; and an individual) that is treated as fiscally transparent (rather
Annuity contracts. than as a beneficial owner) for purposes of declaring
For purposes of chapter 4, exceptions are provided for status under the Code but is not treated as fiscally
accounts such as certain tax-favored savings accounts, transparent by a country with which the United States has
term life insurance contracts, accounts held by estates, an income tax treaty. Hybrid entity status is relevant for
escrow accounts, and certain annuity contracts. These claiming treaty benefits. A hybrid entity, is, however,
exceptions are subject to certain conditions. See required to provide its chapter 4 status if it is receiving a
Regulations section 1.1471-5(b)(2). Accounts may also withholdable payment.
be excluded from the definition of financial account under
Intergovernmental agreement (IGA). An
an applicable IGA.
intergovernmental agreement (IGA) means a Model 1 IGA
Financial institution. A financial institution generally or a Model 2 IGA. For a list of jurisdictions treated as
means an entity that is a depository institution, custodial having in effect a Model 1 or Model 2 IGA, see http://
institution, investment entity, or an insurance company (or www.treasury.gov/resource-center/tax-policy/treaties/
holding company of an insurance company) that issues Pages/FATCA-Archive.aspx.
cash value insurance or annuity contracts. See A Model 1 IGA means an agreement between the U.S.
Regulations section 1.1471-5(e). or the Treasury Department and a foreign government or
Foreign financial institution (FFI). A foreign financial one or more agencies to implement FATCA through
institution (FFI) generally means a foreign entity that is a reporting by FFIs to such foreign government or agency
financial institution. thereof, followed by automatic exchange of the reported
information with the IRS. An FFI in a Model 1 IGA
Fiscally transparent entity. An entity is treated as
jurisdiction that performs account reporting to the
fiscally transparent with respect to an item of income for
jurisdiction’s government is referred to as a reporting
which treaty benefits are claimed to the extent that the
Model 1 FFI.
interest holders in the entity must, on a current basis, take
into account separately their shares of an item of income A Model 2 IGA means an agreement or arrangement
paid to the entity, whether or not distributed, and must between the U.S. or the Treasury Department and a
determine the character of the items of income as if they foreign government or one or more agencies to implement
were realized directly from the sources from which FATCA through reporting by FFIs directly to the IRS in
realized by the entity. For example, partnerships, common accordance with the requirements of an FFI agreement,
trust funds, and simple trusts or grantor trusts are supplemented by the exchange of information between
generally considered to be fiscally transparent with such foreign government or agency thereof and the IRS.
respect to items of income received by them. An FFI in a Model 2 IGA jurisdiction that has entered into
an FFI agreement is a participating FFI, but may be
Flow-through entity. A flow-through entity is a foreign referred to as a reporting Model 2 FFI. The term
partnership (other than a withholding foreign partnership), reporting IGA FFI refers to both reporting Model 1 FFIs
a foreign simple or foreign grantor trust (other than a and reporting Model 2 FFIs collectively.
withholding foreign trust), or, for payments for which a
reduced rate of, or exemption from, withholding is claimed Limited branch. A limited branch means a branch of a
under an income tax treaty, any entity to the extent the participating FFI that is described in Regulations section
entity is considered to be fiscally transparent (see above) 1.1471-4(e)(2).
with respect to the payment by an interest holder’s Nonparticipating FFI. A nonparticipating FFI means an
jurisdiction. FFI that is not a participating FFI, deemed-compliant FFI,
For purposes of section 1446, a foreign partnership or or exempt beneficial owner.
foreign grantor trust must submit Form W-8IMY to

Instructions for Form W-8BEN-E (6-2014) -5-

Participating FFI. A participating FFI is an FFI (including Owns, directly or indirectly, more than 10 percent of the
a reporting Model 2 FFI covered by an FFI agreement) profits or capital interests in a foreign partnership;
that has agreed to comply with the terms of an FFI Is treated as an owner of any portion of a foreign trust
agreement. The term participating FFI also includes a QI under sections 671 through 679; or
branch of a U.S. financial institution, unless such branch is Holds, directly or indirectly, more than a 10 percent
a reporting Model 1 FFI. beneficial interest in a trust.
Participating payee. A participating payee means any An investment entity organized in a territory that is not
person that accepts a payment card as payment or also a depository institution, custodial institution, or
accepts payment from a third party settlement specified insurance company is not treated as a financial
organization in settlement of a third party network institution. Instead, it is a territory NFFE. If such an entity
transaction. cannot qualify as an excepted territory NFFE, it must
disclose its substantial U.S. owners using this definition
Payee. A payee is generally a person to whom a (applying the 10 percent threshold).
payment is made, regardless of whether such person is
the beneficial owner. For a payment made to a financial U.S. person. A U.S. person is defined in section 7701(a)
account, the payee is generally the holder of the financial (30) and includes domestic partnerships, corporations,
account. However, under certain circumstances a person and trusts.
who receives a payment will not be considered the payee. Certain foreign insurance companies issuing
For purposes of chapter 3, see Regulations section annuities or cash value insurance contracts that
1.1441-1(b)(2). For purposes of chapter 4, see !
CAUTION elect to be treated as a U.S. person for federal
Regulations section 1.1471-3(a)(3). tax purposes but are not licensed to do business in the
Payment settlement entity (PSE). A payment United States are treated as FFIs for purposes of
settlement entity is a merchant acquiring entity or third chapter 4. For purposes of providing a withholding agent
party settlement organization. Under section 6050W, a with documentation for both chapter 3 and chapter 4
PSE is generally required to report payments made in purposes, however, such an insurance company is
settlement of payment card transactions or third party permitted to use Form W-9 to certify its status as a U.S.
network transactions. However, a PSE is not required to person. Likewise, a foreign branch of a U.S. financial
report payments made to a beneficial owner that is institution (other than a branch that operates as a qualified
documented as foreign with an applicable W-8. intermediary) that is treated as an FFI under an applicable
IGA is permitted to use Form W-9 to certify its status as a
Qualified intermediary (QI). A qualified intermediary U.S. person for chapter 3 and chapter 4 purposes.
(QI) (as described in Regulations section 1.1441-1(e)(5)
(ii)) is a person that is a party to an agreement with the Withholdable payment. Withholding under chapter 4
IRS that is described in Regulations section 1.1441-1(e) may apply to payments of U.S. source FDAP income that
(5)(iii). are withholdable payments as defined in Regulations
Recalcitrant account holder. A recalcitrant account section 1.1473-1(a) to which an exception does not apply
holder for purposes of chapter 4 includes an entity (other under chapter 4. The exceptions from withholding
than an entity required to be treated as a nonparticipating provided for under chapter 3 are not applicable when
FFI by the withholding agent) that fails to comply with a determining whether withholding applies under chapter 4.
request by an FFI maintaining the account for For exceptions applicable to the definition of a
documentation and information for determining whether withholdable payment, see Regulations section
the account is a U.S. account (as defined in Regulations 1.1473-1(a)(4) (exempting, for example, certain
section 1.1471-5(a)). See Regulations section nonfinancial payments).
1.1471-5(g). Withholding agent. Any person, U.S. or foreign, that has
Reverse hybrid entity. A reverse hybrid entity is any control, receipt, custody, disposal, or payment of U.S.
person (other than an individual) that is not fiscally source FDAP income subject to chapter 3 or 4 withholding
transparent under U.S. tax law principles but that is is a withholding agent. The withholding agent may be an
fiscally transparent under the laws of a jurisdiction with individual, corporation, partnership, trust, association, or
which the United States has an income tax treaty. See any other entity, including (but not limited to) any foreign
Form W-8IMY and accompanying instructions for intermediary, foreign partnership, and U.S. branches of
information on a reverse hybrid entity making a claim of certain foreign banks and insurance companies.
treaty benefits on behalf of its owners. For purposes of section 1446, the withholding agent is
the partnership conducting the trade or business in the
Specified U.S. person. A specified U.S. person is any
United States. For a publicly traded partnership, the
U.S. person other than a person identified in Regulations
withholding agent may be the partnership, a nominee
section 1.1473-1(c).
holding an interest on behalf of a foreign person, or both.
Substantial U.S. owner. A substantial U.S. owner (as See Regulations sections 1.1446-1 through 1.1446-6.
defined in Regulations section 1.1473-1(b)) means any
specified U.S. person that:
Owns, directly or indirectly, more than 10 percent (by
vote or value) of the stock of any foreign corporation;

-6- Instructions for Form W-8BEN-E (6-2014)

 trust receiving a payment for which treaty benefits are
Specific Instructions being claimed by such entity, you must check the
“Partnership”, “Disregarded entity”, “Simple trust”, or
A hybrid entity should give Form W-8BEN-E on “Grantor trust” box. For such a case, you must also check
TIP its own behalf to a withholding agent only for the “yes” box to indicate that you are a hybrid entity
income for which it is claiming a reduced rate of making a treaty claim. See Hybrid entities under Special
withholding under an income tax treaty or to document its Instructions, later. If you are a flow-through entity that is
chapter 4 status for purposes of maintaining an account not a hybrid entity claiming treaty benefits, you should
with an FFI requesting this form (when it is not receiving check the box to indicate you are not making a treaty
withholdable payments or payments subject to chapter 3 claim. If you check the “no” box, you may only use this
withholding). Otherwise, an entity treated as a form to document your chapter 4 status as an account
flow-through entity should generally provide Form W-8IMY holder of an FFI. You may also use Form W-8IMY for this
for chapter 3 or chapter 4 purposes. A reverse hybrid purpose. However, if you are receiving withholdable
entity should give Form W-8BEN-E on its own behalf to a payments or amounts subject to withholding under
withholding agent only for income for which no treaty chapter 3, you are required to provide Form W-8IMY and
benefit is being claimed or to establish its status for a withholding statement (if applicable) with respect to
chapter 4 purposes (when required). See the special such payments.
instructions for hybrid entities and reverse hybrid entities
below. However, a flow-through entity may provide this Only entities that are tax-exempt under section
Form W-8BEN-E to document its foreign status as a ! 501 should check the “Tax-exempt organization”
participating payee receiving a payment for purposes of CAUTION box. Such organizations should use Form
section 6050W. W-8BEN-E only if they are claiming a reduced rate of
withholding under an income tax treaty or a code
Part I – Identification exception other than section 501. Use Form W-8EXP to
document your exemption and chapter 4 status if you are
of Beneficial Owner claiming an exemption from withholding under section
Line 1. Enter your name. If you are a disregarded entity 501.
or branch, do not enter the business name of the
Line 5. Check the one box that applies to your chapter 4
disregarded entity or branch here. Instead, enter the legal
status. You are not required to provide a chapter 4 status
name of the entity that owns the disregarded entity
if you are providing this form with respect to a preexisting
(looking through multiple disregarded entities if
entity account (as described in Regulations section
applicable) or maintains the branch. If you are a
1.1471-1(b)(102)) prior to July 1, 2016 (or, if you are an
disregarded entity that is a hybrid entity filing a treaty
entity that is treated as a prima facie FFI under
claim, however, see Hybrid entities under Special
Regulations section 1.1471-2(a)(4)(ii)(B), prior to January
Instructions, later.
1, 2015). Additionally, you are only required to provide a
Line 2. If you are a corporation, enter your country of chapter 4 status if you are the payee of a withholdable
incorporation. If you are another type of entity, enter the payment or are documenting the status of an account you
country under whose laws you are created, organized, or hold with an FFI requesting this form. By checking a box
governed. on this line, you are representing that you qualify for this
Line 3. If you are a disregarded entity receiving a classification in your country of residence.
payment, enter your name (if required). You should For most of the chapter 4 statuses, you are
complete line 3 only if you are a disregarded entity TIP required to complete an additional part of this
receiving a withholdable payment or hold an account with form certifying that you meet the conditions of the
an FFI requesting this form and you: 1) have registered status indicated on line 5 (as defined under Regulations
with the IRS and been assigned a GIIN associated with section 1.1471-5 or 1.1471-6). Make sure you complete
the legal name of the disregarded entity; 2) are a reporting the required portion of this form before signing and
Model 1 FFI or reporting Model 2 FFI; and 3) are not a providing it to the withholding agent. See, however,
hybrid entity using this form to claim treaty benefits. If you Entities Providing Certifications Under an Applicable IGA
are not required to provide the legal name of the under Special Instructions, later.
disregarded entity, however, you may want to notify the
withholding agent that you are a disregarded entity FFIs Covered by an IGA and Related Entities
receiving a payment or maintaining an account by
A reporting IGA FFI resident in, or established under the
indicating the name of the disregarded entity on line 10.
laws of, a jurisdiction covered by a Model 1 IGA should
However, do not enter the name of the disregarded entity
check “Reporting Model 1 FFI.” A reporting FFI resident
on this line 3 except in the circumstances described.
in, or established under the laws of, a jurisdiction covered
Line 4. Check the one box that applies. By checking a by a Model 2 IGA should check “Reporting Model 2 FFI.” If
box, you are representing that you qualify for the you are treated as a registered deemed-compliant FFI
classification indicated. You must check the box that under an applicable IGA, you should check “Nonreporting
represents your classification (for example, corporation, IGA FFI” rather than “registered deemed-compliant FFI”
partnership, trust, estate, etc.) under U.S. tax principles and provide your GIIN in Part XII, line 26. See the specific
(not under the law of the treaty country). If you are a instructions for Part XII. An FFI that is related to a
partnership, disregarded entity, simple trust, or grantor reporting IGA FFI and that is treated as a nonparticipating

Instructions for Form W-8BEN-E (6-2014) -7-

FFI in its country of residence should check Dividends from any redeemable security issued by an
nonparticipating FFI in line 5. An FFI that is related to a investment company registered under the Investment
reporting IGA FFI and that is a participating FFI, Company Act of 1940 (mutual fund);
deemed-compliant FFI, or exempt beneficial owner under Dividends, interest, or royalties from units of beneficial
the U.S. Treasury regulations or an applicable IGA should interest in a unit investment trust that are (or were upon
check the appropriate box for its chapter 4 status. issuance) publicly offered and are registered with the SEC
See http://www.treasury.gov/resource-center/tax- under the Securities Act of 1933; and
policy/treaties/Pages/FATCA-Archive.aspx for a list of Income related to loans of any of the above securities.
jurisdictions treated as having an IGA in effect. If you need an EIN, you are encouraged to apply
TIP for one online instead of submitting a paper Form
Non-Profit Organizations Covered by an IGA SS-4 . For more information, visit. www.irs.gov/
A non-profit entity that is established and maintained in a Businesses/Small-Businesses- &-Self-Employed/
jurisdiction that is treated as having in effect a Model 1 Employer-ID-Numbers-EINs.
IGA or Model 2 IGA, and that meets the definition of
Active NFFE under Annex I of the applicable IGA, should Line 9a. If you are a participating FFI, registered
not check a box for its status on line 5. Instead, see deemed-compliant FFI, reporting Model 1 FFI, reporting
Entities Providing Certifications Under an Applicable IGA Model 2 FFI, direct reporting NFFE, trustee of a trustee
under Special instructions, later. documented trust, or sponsored direct reporting NFFE,
you are required to enter your GIIN (with regard to your
Line 6. Enter the permanent residence address of the
country of residence) on line 9a. However, if your branch
entity identified in line 1. Your permanent residence
is receiving the payment and required to be identified in
address is the address in the country where the entity
Part II, you are not required to provide a GIIN on this
claims to be a resident for purposes of that country’s
line 9a. Instead, provide the GIIN of your branch (if
income tax. If you are giving Form W-8BEN-E to claim a
applicable) on line 13. See the instructions for Part II.
reduced rate of, or exemption from, withholding under an
income tax treaty, you must determine residency in the For payments made prior to January 1, 2015, however,
manner required by the treaty. Do not show the address of a Form W-8BEN-E provided by a reporting Model 1 FFI
a financial institution (unless you are a financial institution need not contain a GIIN. For payments made prior to
providing your own address), a post office box, or an January 1, 2016, a sponsored direct reporting NFFE or
address used solely for mailing purposes unless it is the sponsored FFI that has not obtained a GIIN must provide
only address used by the entity and such address the GIIN of its sponsoring entity.
appears in the entity’s organizational documents (i.e., If you are in the process of registering with the
your registered address). If you do not have a tax TIP IRS as a participating FFI, registered
residence in any country, the permanent residence deemed-compliant FFI, reporting Model 1 FFI,
address is where you maintain your principal office. reporting Model 2 FFI, direct reporting NFFE, or
Line 7. Enter your mailing address only if it is different sponsored direct reporting NFFE, but have not received a
from the address you show on line 6. GIIN, you may complete this line by writing “applied for.”
However, the person requesting this form from you must
Line 8. Enter your U.S. employer identification number receive and verify your GIIN within 90 days.
(EIN). An EIN is a U.S. TIN for entities. If you do not have
a U.S. EIN, apply for one on Form SS-4, Application for Line 9b. If your country of residence for tax purposes has
Employer Identification Number if you are required to issued you a tax identifying number (TIN), enter it here. If
obtain a U.S. TIN. See Regulations section 1.1441-1(e)(4) you are providing this Form W-8BEN-E to document
(vii) for when you are required to provide a U.S. TIN on a yourself with respect to a financial account that you hold
Form W-8 associated with a payment subject to chapter 3 at a U.S. office of a financial institution, you must provide
withholding. the taxpayer identifying number (TIN) issued to you by the
A partner in a partnership conducting a trade or jurisdiction in which you are a tax resident unless:
business in the United States will likely be allocated You have not been issued a TIN, or
effectively connected taxable income. The partner is The jurisdiction does not issue TINs.
required to file a U.S. federal income tax return and must
Line 10. This line may be used by the filer of Form
have a U.S. taxpayer identification number (TIN).
W-8BEN-E or by the withholding agent to whom it is
You must provide a U.S. TIN if you are: provided to include any referencing information that is
Claiming an exemption from withholding under section useful to the withholding agent to document the beneficial
871(f) for certain annuities received under qualified plans, owner. For example, withholding agents who are required
or to associate the Form W-8BEN-E with a particular Form
Claiming benefits under an income tax treaty and have W-8IMY may want to use line 10 for a referencing number
not provided a foreign TIN on line 9b. or code that will make the association clear. A beneficial
However, a TIN is not required to be shown in order to owner may also want to use line 10 to include the number
claim treaty benefits on the following items of income: of the account for which he or she is providing the form. A
Dividends and interest from stocks and debt obligations foreign single owner of a disregarded entity may use
that are actively traded; line 10 to inform the withholding agent that the account to
which a payment is made or credited is held in the name

-8- Instructions for Form W-8BEN-E (6-2014)

of the disregarded entity (unless the name of the box to certify that it is a resident of that country. For treaty
disregarded entity is required to be provided on line 3). purposes, a person is a resident of a treaty country if the
You may also use line 10 to identify income from a person is a resident of that country under the terms of the
notional principal contract that is not effectively connected treaty.
with the conduct of a trade or business in the United Line 14b. An entity that is claiming a reduced rate of, or
States. exemption from, withholding under an income tax treaty
must check the box to certify that it:
Part II – Disregarded Entity Derives the item of income for which the treaty benefit
or Branch Receiving Payment is claimed, and
Meets the limitation on benefits provisions contained in
Only complete Part II if you are a branch of an FFI the treaty, if any.
! identified in line 1 receiving a withholdable
payment as an intermediary (including a branch An item of income may be derived by either the entity
receiving the item of income or by the interest holders in
CAUTION

that is a disregarded entity) and you operate in a

jurisdiction other than the country of residence identified the entity or, in certain circumstances, both. An item of
on line 2. For example, assume ABC Co., which is a income paid to an entity is considered to be derived by the
participating FFI resident in Country A, operates through a entity only if the entity is not fiscally transparent under the
branch in Country B (which is a Model 1 IGA jurisdiction) laws of the entity’s jurisdiction with respect to the item of
and the branch is treated as a reporting Model 1 FFI under income. An item of income paid to an entity shall be
the terms of the Country B Model 1 IGA. ABC Co. should considered to be derived by the interest holder in the
not enter its GIIN on line 9, and the Country B branch entity only if:
should complete this Part II by identifying itself as a The interest holder is not fiscally transparent in its
reporting Model 1 IGA FFI and providing its GIIN on jurisdiction with respect to the item of income, and
line 13. Furthermore, if the Country B branch receiving the The entity is considered to be fiscally transparent under
payment is a disregarded entity you may be required to the laws of the interest holder’s jurisdiction with respect to
provide its legal name on line 3. See the instructions for the item of income. An item of income paid directly to a
Part I, line 3. type of entity specifically identified in a treaty as a resident
of a treaty jurisdiction is treated as derived by a resident of
Line 11. Check the one box that applies. If you check that treaty jurisdiction.
reporting Model 1 FFI, reporting Model 2 FFI, participating To determine whether an entity meets the limitation on
FFI, or U.S. branch claiming a chapter 4 status other than benefits provisions of a treaty, you must consult the
that of nonparticipating FFI, you must complete line 13 specific provisions or articles under the treaty. Income tax
(see below). If you are a limited branch or branch of a treaties are available on the IRS website at www.irs.gov/
reporting IGA FFI that cannot comply with the Businesses/International-Businesses/United-States-
requirements of an applicable IGA or the regulations Income-Tax-Treaties- - -A-to-Z.
under chapter 4, you must check limited branch.
If an entity is claiming treaty benefits on its own behalf,
Line 12. Enter the address of the branch or disregarded it should complete Form W-8BEN-E. If an interest holder
entity. in an entity that is considered fiscally transparent in the
Line 13. If you are a reporting Model 1 FFI, reporting interest holder’s jurisdiction is claiming a treaty benefit,
Model 2 FFI, or participating FFI, you must enter the GIIN the interest holder should complete Form W-8BEN (if an
on line 13 of your branch that receives the payment. If you individual) or Form W-8BEN-E (if an entity) on its own
are a disregarded entity that completed Part I, line 3 of this behalf as the appropriate treaty resident, and the fiscally
form and are receiving payments associated with this transparent entity should associate the interest holder’s
form, enter your GIIN. Do not enter your GIIN (if any) on Form W-8BEN or Form W-8BEN-E with a Form W-8IMY
line 9. If you are a U.S. branch, enter a GIIN applicable to completed by the fiscally transparent entity (see Hybrid
any other branch of the FFI (including in its residence entities under Special Instructions, later).
country). For payments made prior to January 1, 2015, An income tax treaty may not apply to reduce the
however, a GIIN is not required if you check reporting ! amount of any tax on an item of income received
Model 1 FFI on line 11. CAUTION by an entity that is treated as a domestic
If you are in the process of registering with the corporation for U.S. tax purposes. Therefore, neither the
IRS as a participating FFI, reporting Model 1 FFI, domestic corporation nor its shareholders are entitled to
TIP the benefits of a reduction of U.S. income tax on an item
or reporting Model 2 FFI but have not received a
GIIN, you may complete this line by writing “applied for.” of income received from U.S. sources by the corporation.
However, the person requesting this form from you must
If you are an entity that derives the income as a
receive and verify your GIIN within 90 days.
TIP resident of a treaty country, you may check this
box if the applicable income tax treaty does not
Part III – Claim of Tax Treaty Benefits contain a “limitation on benefits” provision.
Line 14a. An entity that is claiming a reduced rate of, or
Line 14c. If you are a foreign corporation claiming treaty
exemption from, withholding under an income tax treaty
benefits under an income tax treaty that entered into force
must enter the country where the entity identified on line 1
before January 1, 1987 (and has not been renegotiated)
is a resident for income tax treaty purposes and check the
on (a) U.S. source dividends paid to you by another

Instructions for Form W-8BEN-E (6-2014) -9-

foreign corporation or (b) U.S. source interest paid to you provide an alternate certification to a withholding agent.
by a U.S. trade or business of another foreign corporation, See Entities Providing Certifications Under an Applicable
you must generally be a “qualified resident” of a treaty IGA under Special Instructions, later.
country. See section 884 for the definition of interest paid
You are not required to complete a chapter 4
by a U.S. trade or business of a foreign corporation
TIP status certification if you are not the payee of a
(“branch interest”) and other applicable rules.
withholdable payment or an account holder
In general, a foreign corporation is a qualified resident holding an account with an FFI requesting this form.
of a country if any of the following apply. However, you are not required to provide a chapter 4
It meets a 50% ownership and base erosion test. status if you are providing this form with respect to a
It is primarily and regularly traded on an established preexisting entity account (as described in Regulations
securities market in its country of residence or the United section 1.1471-1(b)(102)) prior to July 1, 2016 (or, if you
States. are a prima facie FFI, prior to January 1, 2015).
It carries on an active trade or business in its country of
residence. Part IV – Sponsored FFI That
It gets a ruling from the IRS that it is a qualified resident.
See Regulations section 1.884-5 for the requirements that Has Not Obtained a GIIN
must be met to satisfy each of these tests. Line 16. Enter the name of the sponsoring entity that has
If you are claiming treaty benefits under an agreed to fulfill the due diligence, reporting, and
income tax treaty entered into force after withholding obligations (as applicable) on behalf of the
!
CAUTION December 31, 1986, do not check box 14c. sponsored FFI identified in line 1. You must provide the
Instead, check box 14b. sponsoring entity’s GIIN on line 9a.

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)

-10- Instructions for Form W-8BEN-E (6-2014)

means the requirements of Regulations section Part XI – Restricted Distributor
1.1471-5(f)(2)(iii)(B).
Line 25a. A restricted distributor must check the box to
Part VIII – Certified certify that it meets all of the requirements for this status.
Deemed-Compliant Limited Life Debt Lines 25b and 25c. Check the appropriate box to certify
Investment Company as to your status. Do not check both boxes.

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.

Instructions for Form W-8BEN-E (6-2014) -11-

Part XIV – International Organization it meets all of the requirements for this status. You must
also provide the date that you filed a plan of liquidation,
Line 28a. Check this box to certify that you are an plan of reorganization, or bankruptcy petition.
international organization described in section 7701(a)
(18). Part XXI – 501(c) Organization
If you are an entity that has been designated as Line 35. A section 501(c) organization must check the
TIP an international organization by executive order box and provide the date that the IRS issued the
(pursuant to 22 U.S.C. 288 through 288f), check organization a determination letter or provide a copy of an
box 28a. If you are claiming an exemption from opinion from U.S. counsel certifying that the organization
withholding for purposes of chapter 3, however, use Form qualifies as a section 501(c) organization (without regard
W-8EXP. to whether the organization is a foreign private
foundation).
Line 28b. If you are an international organization other
If you are a section 501(c) organization claiming
than an international organization described in line 28a,
TIP an exemption from withholding for purposes of
check the box to certify that you satisfy all of the
chapter 3, however, use Form W-8EXP.
requirements for this status.
Part XV – Exempt Retirement Plans Part XXII – Nonprofit Organization
Lines 29a, b, c, d, e, and f. An exempt retirement plan Line 36. A nonprofit organization (other than section
must check the appropriate box to certify that it meets all 501(c) organizations) must check the box to certify that it
of the requirements for this status. meets all of the requirements for this status.
IGA. For an entity that is established and maintained in
Part XVI – Entity Wholly Owned a jurisdiction that is treated as having in effect an IGA and
by Exempt Beneficial Owners that is described in Annex I as a nonprofit organization
that is an Active NFFE, see Entities Providing
Line 30. An entity wholly owned by exempt beneficial Certifications Under an Applicable IGA under Special
owners must check the box to certify that it meets all of Instructions, later.
the requirements for this status. You must also provide the
owner documentation described in this line establishing Part XXIII – Publicly Traded
that each direct owner or debt holder of the entity is an
exempt beneficial owner described in Regulations section
NFFE or NFFE Affiliate of
1.1471-6(b). a Publicly Traded Corporation
Part XVII – Territory Line 37a. A publicly traded NFFE must check the box to
certify that you are not a financial institution and provide
Financial Institution the name of a securities exchange on which the stock of
Line 31. A territory financial institution must check the the NFFE is publicly traded.
box to certify that it meets all of the requirements for this Line 37b. An NFFE that is a member of the same
status. expanded affiliated group as a publicly traded U.S. or
foreign entity must check this box, provide the name of the
Part XVIII – Excepted publicly traded entity, and identify the securities market on
Nonfinancial Group Entity which the stock of the publicly traded entity is traded. See
Regulations section 1.1472-1(c)(1)(i) to determine if the
Line 32. An excepted nonfinancial group entity must stock of an entity is regularly traded on an established
check the box to certify that it meets all of the securities market (substituting the term “U.S. entity” for
requirements for this status. NFFE, as appropriate for purposes of testing whether an
Part XIX – Excepted Nonfinancial entity is publicly traded).

Start-Up Company Part XXIV – Excepted Territory NFFE

Line 33. An excepted nonfinancial start-up company Line 38. An excepted territory NFFE must check the box
must check the box to certify that it meets all of the to certify that it meets all of the requirements for this
requirements for this status. You must also provide the classification. See Regulations section 1.1472-1(c)(1)(iii)
date you were formed or your board passed a resolution for the definition of an excepted territory NFFE.
(or equivalent measure) approving a new line of business
(which cannot be that of a financial institution or passive
Part XXV – Active NFFE
NFFE). Line 39. An active NFFE must check the box to certify
that it meets all of the requirements for this status,
Part XX – Excepted Nonfinancial including the assets and passive income test described in
Entity in Liquidation or Bankruptcy the certification for this part. For purposes of applying this
test, passive income includes dividends, interest, rents,
Line 34. An excepted nonfinancial group entity in royalties, annuities, and certain other forms of passive
liquidation or bankruptcy must check the box to certify that income. See Regulations section 1.1472-1(c)(1)(iv)(A) for

-12- Instructions for Form W-8BEN-E (6-2014)

additional detail for the definition of passive income. Also acting under a duly authorized power of attorney, the form
see Regulations section 1.1472-1(c)(1)(iv)(B) for must be accompanied by the power of attorney in proper
exceptions from the definition of passive income for form or a copy thereof specifically authorizing the agent to
certain types of income. represent the principal in making, executing, and
presenting the form. Form 2848, Power of Attorney and
Part XXVI – Passive NFFE Declaration of Representative, may be used for this
Line 40a. A passive NFFE must check the box to certify purpose. The agent, as well as the beneficial owner,
that you are not a financial institution and are not certifying payee, or account holder (as applicable), may incur
your status as a publicly traded NFFE, NFFE affiliate of a liability for the penalties provided for an erroneous, false,
publicly traded company, excepted territory NFFE, active or fraudulent form. By signing Form W-8BEN-E, the
NFFE, direct reporting NFFE, or sponsored direct authorized representative, officer, or agent of the entity
reporting NFFE. also agrees to provide a new form within 30 days following
a change in circumstances affecting the correctness of the
If you are an NFFE that may qualify as an active form.
TIP NFFE (or other NFFE described in another part of
Broker transactions or barter exchanges. Income
this form), you may still check line 40a and
from transactions with a broker or a barter exchange is
disclose your substantial U.S. owners or certify that you
subject to reporting rules and backup withholding unless
have no substantial U.S. owners (see instructions to lines
Form W-8BEN-E or a substitute form is filed to notify the
40b and 40c below).
broker or barter exchange that you are an exempt foreign
Line 40b. Check this box to certify that you have no person. See certification described in the 4th bullet point.
substantial U.S. owners. You are an exempt foreign person for a calendar year
in which:
Line 40c. If you do not check the box and make the
certification on line 40b, you must check this box 40c and You are a foreign corporation, partnership, estate, or
complete Part XXX to identify each of your substantial trust; and
U.S. owners and provide their name, address, and TIN. You are neither engaged, nor plan to be engaged
during the year, in a U.S. trade or business that has
Part XXVII – Excepted effectively connected gains from transactions with a
broker or barter exchange.
Inter-Affiliate FFI
Line 41. An excepted inter-affiliate FFI must check the
Part XXX - Substantial U.S.
box to certify that it meets all of the requirements of this Owners of Passive NFFE
classification. This classification will only apply for an If you identified yourself as a passive NFFE (including an
excepted inter-affiliate FFI that holds a deposit account investment entity that is a territory NFFE but is not an
described in the certification for this part and that is excepted territory NFFE under Regulations section
documenting itself to the financial institution that maintains 1.1472-1(c)) with one or more substantial U.S. owners in
the deposit account. You are not eligible for this Part XXVI, you must identify each substantial U.S. owner.
classification if you receive or make withholdable Provide the name, address, and TIN of each substantial
payments to or from any person other than a member of U.S. owner in the relevant column. You may attach this
your expanded affiliated group, other than the depository information on a separate statement, which remains
institution described in the previous sentence. See subject to the same perjury statement and other
Regulations section 1.1471-5(e)(5)(iv) for all the certifications made in Part XXIX.
requirements of this status.
Part XXVIII – Sponsored Special Instructions
Direct Reporting NFFEs Hybrid Entities
Line 42. A sponsored direct reporting NFFE must check Hybrid entity making a claim of treaty benefits. If you
the box to certify that it meets all of the requirements for are a hybrid entity making a claim for treaty benefits as a
this classification. You must also provide the name of your resident on your own behalf, you may do so as permitted
sponsoring entity in the space provided and provide your under an applicable tax treaty. You should complete this
GIIN in line 9a (or, for payments prior to January 1, 2016, Form W-8BEN-E to claim treaty benefits in the manner
the GIIN of your sponsoring entity). described earlier (see instructions for completing Part III).
Part XXIX – Certification If you are a flow-through entity receiving a withholdable
payment, you should also provide Form W-8IMY for the
Form W-8BEN-E must be signed and dated by an
entity along with a withholding statement (if required)
authorized representative or officer of the beneficial
establishing the chapter 4 status of each of your partners
owner, participating payee (for purposes of section
or owners. If you are a disregarded entity claiming treaty
6050W), or account holder of an FFI requesting this form.
benefits, your single owner should provide Form
An authorized representative or officer must check the
W-8BEN-E or Form W-8BEN (as applicable) to the
box to certify that you have the legal capacity to sign for
withholding agent along with this form. You may use
the entity identified on line 1 that is the beneficial owner of
line 10 to inform the withholding agent to associate the
the income. If Form W-8BEN-E is completed by an agent
two forms.

Instructions for Form W-8BEN-E (6-2014) -13-

 A disregarded entity that is treated as a reporting Entities Providing Certifications
! Model 1 FFI or reporting Model 2 FFI that is also Under an Applicable IGA
a hybrid entity making a claim of treaty benefits
A withholding agent that is an FFI may provide you with a
CAUTION

should follow the special instructions for disregarded

chapter 4 status certification other than as shown in Parts
entities claiming treaty benefits in an IGA jurisdiction,
IX through XXVIII in order to satisfy its due diligence
later.
requirements under an applicable IGA. In such a case,
Line 1. Enter your legal name (determined by reference you may attach the alternative certification to this Form
to your legal identity in your country of incorporation or W-8BEN-E in lieu of completing a certification otherwise
organization). required in Parts IV through XXVIII provided that you: 1)
determine that the certification accurately reflects your
Line 2. Enter the country under whose laws you are status for chapter 4 purposes or under an applicable IGA;
created, organized, or governed. and 2) the withholding agent provides a written statement
Line 3. Leave this line blank. For purposes of completing to you that it has provided the certification to meet its due
this form as a hybrid entity making a treaty claim diligence requirements as a participating FFI or registered
(including a disregarded entity), you are treated as the deemed-compliant FFI under an applicable IGA.
beneficial owner and should be identified in line 1. You may also provide with this form an applicable IGA
Line 4. Check the box that applies among disregarded certification if you are determining your chapter 4 status
entity, partnership, grantor trust, or simple trust. You must under the definitions provided in an applicable IGA and
also check the box indicating that you are a hybrid making your certification identifies the jurisdiction that is treated
a treaty claim and complete Part III. as having an IGA in effect and describes your status as an
NFFE or FFI in accordance with the applicable IGA.
Line 5. Do not complete line 5.
However, if you determine your status under an applicable
Lines 6 and 7. Complete lines 6 and 7 as provided in the IGA as an NFFE, you must still determine if you are an
specific instructions earlier. excepted NFFE under the Regulations in order to
Line 8. Complete line 8 in accordance with the specific complete this form. Additionally, you are required to
instructions for line 8, earlier. comply with the conditions of your status under the law of
the IGA jurisdiction if you are determining your status
Line 9b. If your country of residence for tax purposes has under an applicable IGA. If you cannot provide the
issued you a tax identifying number, enter it here. Do not certifications in Parts IV through XXVIII, do not check a
enter the tax identifying number of your owner(s). box in line 5. However, if you determine your status under
Line 10. This reference line is used to associate this the definitions of the IGA and can certify to a chapter 4
Form W-8BEN-E with another applicable withholding status included on this form, you do not need to provide
certificate or other documentation provided for purposes the certifications described in this paragraph unless
of chapter 4. For example, if you are a partnership making required by the withholding agent or FFI to whom you are
a treaty claim, you may want to provide information for the providing this form.
withholding agent to associate this Form W-8BEN-E with Any certifications provided under an applicable IGA
the Form W-8IMY and owner documentation you provide remain subject to the penalty of perjury statement and
for purposes of establishing the chapter 4 status of your other certifications made in Part XXIX.
owner(s).
Entities Providing Alternate
Parts III & XXIX Certifications Under Regulations
You must complete Parts III and XXIX in accordance with If you qualify for a chapter 4 status that is not shown in
the specific instructions above. Complete Part II if Part I, line 5, of this form, you may attach applicable
applicable. certifications for such status from any other Form W-8 on
which the relevant certifications appear. If the applicable
Reverse Hybrid Entities certifications do not appear on any Form W-8 (if, for
A foreign reverse hybrid entity should only file a Form example, new regulations provide for an additional
W-8BEN-E for payments for which it is not claiming treaty chapter 4 status and this form has not been updated to
benefits on behalf of its owners and must provide a incorporate the status) then you may provide an
chapter 4 status when it is receiving a withholdable attachment certifying that you qualify for the applicable
payment. A foreign reverse hybrid entity claiming treaty status described in a particular Regulations section in lieu
benefits on behalf of its owners should provide the of checking a box in Part I, line 5, and providing any
withholding agent with Form W-8IMY (including its chapter 4 status certifications included on this form.
chapter 4 status when receiving a withholdable payment) Include a citation to the applicable provision in the
along with a withholding statement and Forms W-8BEN or Regulations. Any such attached certification becomes an
W-8BEN-E (or documentary evidence to the extent integral part of this Form W-8BEN-E and is subject to the
permitted) on behalf of each of its owners claiming treaty penalty of perjury statement and other certifications made
benefits. See Form W-8IMY and accompanying in Part XXIX.
instructions for more information.

-14- Instructions for Form W-8BEN-E (6-2014)

Paperwork Reduction Act Notice. We ask for the Recordkeeping . . . . . . . . . . . . . . . . . 12 hr., 40 min.
information on this form to carry out the Internal Revenue Learning about the law or the form . . . 4 hr., 17 min.
laws of the United States. You are required to provide the Preparing and sending the form . . . . . 8 hr., 16 min.
information. We need it to ensure that you are complying
with these laws and to allow us to figure and collect the If you have comments concerning the accuracy of
right amount of tax. these time estimates or suggestions for making this form
You are not required to provide the information simpler, we would be happy to hear from you. You can
requested on a form that is subject to the Paperwork send us comments from www.irs.gov/formspubs/. Click on
Reduction Act unless the form displays a valid OMB “More Information” and then on “Give us feedback”. You
control number. Books or records relating to a form or its can write to the Internal Revenue Service, Tax Forms and
instructions must be retained as long as their contents Publications, SE:W:CAR:MP:TFP, 1111 Constitution Ave.
may become material in the administration of any Internal NW, IR-6526, Washington, DC 20224. Do not send Form
Revenue law. Generally, tax returns and return W-8BEN-E to this office. Instead, give it to your
information are confidential, as required by section 6103. withholding agent.
The time needed to complete and file this form will vary
depending on individual circumstances. The estimated
average time is:

Instructions for Form W-8BEN-E (6-2014) -15-