Instructions For Form W-8ben(E) - Certificate Of Entities Status Of Beneficial Owner For United States Tax Withholding And Reporting (Entities) Page 2

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Claim that you are the beneficial owner of the income
payment from a withholding agent, receiving a payment
for which Form W-8BEN-E is being provided or a partner
subject to chapter 3 withholding, or if you are an entity
in a partnership subject to section 1446; and
maintaining an account with an FFI requesting this form.
If applicable, claim a reduced rate of, or exemption
Do not use Form W-8BEN-E if:
from, withholding as a resident of a foreign country with
You are a U.S. person (including U.S. citizens, resident
which the United States has an income tax treaty.
aliens, and entities treated as U.S. persons, such as a
You may also use Form W-8BEN-E to identify income
corporation organized under the law of a state). Instead,
from a notional principal contract that is not effectively
use Form W-9, Request for Taxpayer Identification
connected with the conduct of a trade or business in the
Number and Certification.
United States to establish the exception to reporting such
You are a foreign insurance company that has made an
income on Form 1042-S. See Regulations section
election under section 953(d) to be treated as a U.S.
1.1461-1(c)(2)(ii)(F).
person. Instead, provide a withholding agent with Form
Form W-8BEN-E may also be used to claim exemption
W-9 to certify to your U.S. status even if you are
from withholding for portfolio interest pursuant to section
considered an FFI for purposes of chapter 4.
881(c). The portfolio interest exemption does not apply to
You are a nonresident alien individual. Instead, use
payments of interest for which the recipient is a 10 percent
Form W-8BEN, Certificate of Foreign Status of Beneficial
shareholder of the payer or to payments of interest
Owner for United States Tax Withholding and Reporting
received by a controlled foreign corporation from a related
(Individuals), or Form 8233, Exemption From Withholding
person. See sections 881(c)(3) and 881(c)(5). A future
on Compensation for Independent (and Certain
version of this form may require that persons receiving
Dependent) Personal Services of a Nonresident Alien
interest payments to which this form relates identify any
Individual, as applicable.
obligation with respect to which they have one of these
You are a disregarded entity, branch, or flow-through
prohibited relationships.
entity for U.S. tax purposes. However, you may use this
form if you are a disregarded entity or flow-through entity
You may also be required to submit Form W-8BEN-E to
using this form either solely to document your chapter 4
claim an exception from domestic information reporting on
status (because you hold an account with an FFI) or, if you
Form 1099 and backup withholding (at the backup
are a disregarded entity or a partnership, to claim treaty
withholding rate under section 3406) for certain types of
benefits because you are a hybrid entity liable to tax as a
income. Such income includes:
resident for treaty purposes. See Special Instructions for
Broker proceeds.
Hybrid Entities, later. A flow-through entity may also use
Short-term (183 days or less) original issue discount
this form for purposes of documenting itself as a
(short-term OID).
participating payee for purposes of section 6050W. If you
Bank deposit interest.
are a disregarded entity with a single owner or branch of
Foreign source interest, dividends, rents, or royalties.
an FFI, the single owner, if such owner is a foreign person,
Provide Form W-8BEN-E to the withholding agent or
should provide Form W-8BEN or Form W-8BEN-E (as
payer before income is paid or credited to you. Failure to
appropriate). If the single owner is a U.S. person, a Form
provide a Form W-8BEN-E when requested may lead to
W-9 should be provided. If you are a partnership, you
withholding at a 30% rate or the backup withholding rate
should provide a Form W-8IMY, Certificate of Foreign
in certain cases when you receive a payment to which
Intermediary, Foreign Flow-Through Entity, or Certain
backup withholding applies.
U.S. Branches for United States Tax Withholding and
Reporting.
In addition to the requirements of chapter 3, chapter 4
You are acting as an intermediary (that is, acting not for
requires withholding agents to identify the chapter 4 status
your own account, but for the account of others as an
of entities that are payees receiving withholdable
agent, nominee, or custodian), a qualified intermediary
payments. A withholding agent may request this Form
(including a qualified intermediary acting as a qualified
W-8BEN-E to establish your chapter 4 status and avoid
derivatives dealer), or a qualified securities lender (QSL).
withholding at a 30% rate on such payments.
Instead, provide Form W-8IMY.
Chapter 4 also requires participating FFIs and certain
You are receiving income that is effectively connected
registered deemed-compliant FFIs to document their
with the conduct of a trade or business in the United
entity account holders in order to determine their
States, unless it is allocable to you through a partnership.
chapter 4 statuses regardless of whether withholding
Instead, provide Form W-8ECI, Certificate of Foreign
applies to any payments made to the entities. If you are an
Person’s Claim That Income Is Effectively Connected
entity maintaining an account with an FFI, the FFI may
With the Conduct of a Trade or Business in the United
request that you provide this Form W-8BEN-E in order to
States. If any of the income for which you have provided a
document your chapter 4 status.
Form W-8BEN-E becomes effectively connected, this is a
Additional information. For additional information and
change in circumstances and the Form W-8BEN-E is no
instructions for the withholding agent, see the Instructions
longer valid.
for the Requester of Forms W-8BEN, W-8BEN-E,
You are filing for a foreign government, international
W-8ECI, W-8EXP, and W-8IMY.
organization, foreign central bank of issue, foreign
tax-exempt organization, foreign private foundation, or
Who Must Provide Form W-8BEN-E
government of a U.S. possession claiming the
applicability of section 115(2), 501(c), 892, 895, or
You must give Form W-8BEN-E to the withholding agent
1443(b). Instead, provide Form W-8EXP, Certificate of
or payer if you are a foreign entity receiving a withholdable
-2-
Instructions for Form W-8BEN-E (Rev. 7-2017)

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