Instructions For Form W-8imy - Certificate Of Foreign Intermediary, Foreign Flow-Through Entity, Or Certain U.s. Branches For United States Tax Withholding And Reporting Page 2
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18the Requester of Forms W-8BEN, W-8BEN-E, W-8ECI,
A foreign partnership or a foreign simple or grantor trust to
W-8EXP, and W-8IMY.
establish that it is a nonwithholding foreign partnership or
nonwithholding foreign simple or grantor trust to certify to its
Who Must Provide Form W-8IMY
chapter 4 status (if required), to represent that the income is
not effectively connected with a U.S. trade or business, and
Except as otherwise provided, you should provide Form
to certify that the form is being used to transmit withholding
W-8IMY when receiving a reportable amount or withholdable
certificates and/or documentary evidence and that it has
payment on behalf of another person or as a flow-through
provided or will provide a withholding statement as required.
entity. When receiving a withholdable payment, your
A foreign partnership or foreign grantor trust to establish
chapter 4 status is generally required to be included on the
that it is an upper-tier foreign partnership or foreign grantor
form unless otherwise provided in accordance with these
trust for purposes of section 1446 and to represent that the
instructions. Form W-8IMY must be provided by the following
form is being used to transmit withholding certificates and/or
persons.
documentary evidence and that it has provided, or will
A foreign person, or a foreign branch of a U.S. person, to
provide, a withholding statement, as required.
establish that it is a QI that is not acting for its own account,
A flow-through entity (including a foreign reverse hybrid
to represent that it has provided or will provide a withholding
entity) transmitting withholding certificates and/or other
statement, as required, or, if applicable, to represent that it
documentary evidence to claim treaty benefits on behalf of its
has assumed primary withholding responsibility under
owners, to certify its chapter 4 status (if required), and to
chapters 3 and 4 of the Code (excluding section 1446) and/or
certify that it has provided, or will provide, a withholding
primary Form 1099 reporting and backup withholding
statement, as required.
responsibility.
A nonparticipating FFI acting as an intermediary or that is a
A foreign person, or a foreign branch of a U.S. person, to
flow-through entity using this form to transmit a withholding
establish that it is a QI acting as a QDD or assuming primary
statement and withholding certificates or other
withholding responsibility with respect to payments of
documentation for exempt beneficial owners described in
substitute interest, as permitted by the QI agreement. A
Regulations section 1.1471-6.
foreign person should also provide a Form W-8IMY to
Prior to January 1, 2018, a qualified securities lender
establish that it is a qualified intermediary that has a foreign
(QSL) certifying to a withholding agent that it is acting as a
branch that is acting as a QDD. A QDD that receives
QSL with respect to U.S. source substitute dividends
payments for which the QDD is entitled to a reduced rate of
received from the withholding agent pursuant to a securities
withholding under an income tax treaty may use its Form
lending transaction (as described in Notice 2010-46).
W-8IMY to both certify to its status as a QI acting as a QDD
A foreign intermediary or flow-through entity not receiving
and to claim treaty benefits with respect to such payments.
withholdable payments or reportable amounts that is holding
A foreign person to establish that it is a nonqualified
an account with a participating FFI or registered
intermediary that is not acting for its own account, to certify
deemed-compliant FFI providing this form for purposes of
its chapter 4 status (if required), to certify whether it reports
documenting its chapter 4 status as an account holder. No
U.S. accounts under chapter 4 (if required), and to indicate, if
withholding statement is required to be provided along with
applicable, that it is using the form to transmit withholding
Form W-8IMY in this case. The entity may instead provide
certificates and/or other documentary evidence and has
Form W-8BEN-E to document its chapter 4 status as an
provided, or will provide, a withholding statement, as
account holder of an FFI when it is not receiving withholdable
required.
payments or reportable amounts.
A U.S. branch that is acting as an intermediary to
represent that the income it receives is not effectively
This form may serve to establish foreign status for
connected with the conduct of a trade or business within the
purposes of sections 1441, 1442, and 1446. However, any
United States and either that it is using the form (1) to
representations that items of income, gain, deduction, or loss
evidence it is treated as a U.S. person under Regulations
are not effectively connected with a U.S. trade or business
section 1.1441-1(b)(2)(iv)(A) with respect to any payments
will be disregarded by a partnership receiving this form for
associated with the Form W-8IMY, or (2) to transmit the
purposes of section 1446 as the partnership will undertake its
documentation of the persons for whom it receives a
own analysis.
payment and has provided, or will provide, a withholding
Do not use Form W-8IMY if you are described below.
statement, as required, and to certify it is applying the rules
You are the beneficial owner (other than a QDD acting in
described in Regulations section 1.1471-4(d)(2)(iii)(C) when
its QDD capacity) of U.S. source income (other than income
receiving a withholdable payment.
that is effectively connected with the conduct of a trade or
A financial institution incorporated or organized under the
business within the United States), and you need to establish
laws of a U.S. territory that is acting as an intermediary or is a
that you are not a U.S. person, establish your chapter 4
flow-through entity to represent that it is a financial institution
status (if required), or claim a reduced rate of withholding on
(other than an investment entity that is not also a depository
your own behalf under an income tax treaty (if applicable).
institution, custodial institution, or specified insurance
Instead, submit Form W-8BEN or Form W-8BEN-E.
company) and either that it is using the form (1) to evidence it
You are a hybrid entity claiming treaty benefits on your
is treated as a U.S. person under Regulations section
own behalf (unless you are a QDD acting in your QDD
1.1441-1(b)(2)(iv)(A) with respect to any payments
capacity). Instead, provide Form W-8BEN-E to claim treaty
associated with the Form W-8IMY, or (2) to certify that it is
benefits. However, if you are receiving a withholdable
transmitting documentation of the persons for whom it
payment you may also be required to provide Form W-8IMY
receives a payment and has provided, or will provide, a
to establish your chapter 4 status (unless you are a
withholding statement, as required.
disregarded entity) and the chapter 4 status of each of your
A foreign partnership or a foreign simple or grantor trust to
partners, beneficiaries, or owners. See the instructions for
establish that it is a withholding foreign partnership or
Form W-8BEN-E for more information about hybrid entities
withholding foreign trust.
claiming treaty benefits.
-2-
Instructions for Form W-8IMY (Rev. 6-2017)
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