Instructions For Completing W-8ben & W-8imy Forms Page 2
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2INSTRUCTIONS FOR COMPLETING W-8BEN & W-8IMY FORMS
Definitions:
For payments other than those for which a reduced rate of withholding is claimed under an income treaty, the beneficial owner of income is generally the person who is
BENEFICIAL OWNER
required under US tax principles to include the income in gross income on a tax return. A person is not a beneficial owner of income however, to the extent that person is receiving the income as
a nominee, agent, or custodian, or to the extent the person is a conduit whose participation in a transaction is disregarded. In the case of amounts paid that do not constitute income, beneficial
ownership is determined as if the payment were income.
Non US partnerships, Non US simple trusts, and Non US grantor trusts are not the beneficial owners of the income paid to the partnership or trust. The beneficial owners of income paid to a Non
US partnership are generally the partners in the partnership, provided that the partner is not itself a partnership, Non US simple or grantor trust, nominee or other agent.
Note: A payment to a US partnership, US trust or US estate is treated as a payment to a US payee that is not subject to 30% withholding. A US partnership, trust or estate should provide the with-
holding agent with a form W-9.
FOREIGN PERSON
A non US person includes a nonresident alien individual, a Non US corporation, a Non US partnership, a Non US trust, a Non US estate, and any other person that is not a US
person. It also includes a Non US branch or office of a US financial institution or US clearing organization if the Non US branch is a qualified intermediary. Generally, a payment to a US branch of
a non US person is a payment to a non US person.
Any individual who is not a citizen or resident alien of the United States is a nonresident alien individual. An alien individual meeting either the “green card
NONRESIDENT ALIEN INDIVIDUAL
test” or the “Substantial presence test” for the calendar year is a resident alien.
A business entity that has a single owner and is not a corporation under US tax regulations is disregarded as an entity separate from its owner.
DISREGARDED ENTITY
AMOUNTS SUBJECT TO WITHHOLDING
Payments made to Elavon merchants in settlement of payments card and third party network transactions will be subject to withholding from 1 January
2011.
INTERMEDIARY
An intermediary is a custodian, broker, nominee, partnership or any other person that acts as an agent for another person (partners of the partnership). Generally, the payees (the
partners of the partnership) of payments made to an intermediary (the partnership) are the persons (partners of the partnership) for whom the intermediary collects the payment, such as payments in
settlement of payment card and third party network transactions, not the intermediary itself.
A nonwithholding foreign partnership is any Non US partnership other than a withholding foreign partnership.
NONWITHHOLDING FOREIGN PARTNERSHIP
WITHHOLDING FOREIGN PARTNERSHIP
A withholding foreign partnership is a Non US partnership that has entered into a withholding agreement with the United States Internal Revenue Service
in which it agrees to assume primary withholding responsibility for all payments that are made to it for certain of its partners, beneficiaries or owners and is acting in the capacity as a withholding
foreign partnership.
a witholding tax is a tax deducted at source, required to be submitted by the Payer to the tax authorities on behalf of the Payee.
TAX WITHHOLDING
RESIDENT ALIEN
You are considered a resident alien for US tax purposes of (i)at any time during the calender year you were a lawful resident of the United States according to US immigration
laws (“green card” test) or (ii) you have been physically present in the USA on at least 31 days during the current year and 183 days during the 3 year period that includes the current year or the 2
years immediately before.
Request for Taxpayer Identification Number and certification must by completed by pages to certify that status as US persons which is required by the Payer for information reporting to
W-9 FORM
the IRS.
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