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 7
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18exempt beneficial owner withholding statement (as
Form W-8IMY may be provided to satisfy
applicable). See Regulations section 1.1471-3(c)(3)(iii)(B).
documentation requirements for purposes of
TIP
Additional information is required for a withholding statement
withholding on certain partnership allocations to
from a QDD.
foreign partners under section 1446. Section 1446 generally
requires withholding when a partnership is conducting a
Specific Instructions
trade or business in the United States and allocates income
effectively connected with that trade or business (ECI) to
Part I — Identification of Entity
foreign persons that are partners in the partnership. Section
1446 can also apply when certain income is treated as
Line 1. Enter your name. By doing so, you are representing
effectively connected income of the partnership and is so
to the payer or withholding agent that you are not the
allocated.
beneficial owner of the amounts that will be paid to you
(unless you are acting as a QDD or QSL for certain payments
An upper-tier partnership that is allocated ECI as a partner in
associated with this form or you are a QI acting with respect
a partnership may, in certain circumstances, have the
to payments of substitute interest, as permitted by the QI
lower-tier partnership perform its withholding obligation.
agreement). If you are a disregarded entity, do not enter the
Generally, this is accomplished by the upper-tier partnership
business name of the disregarded entity here. Instead, enter
submitting withholding certificates of its partners (for
the legal name of the entity that owns the disregarded entity
example, Form W-8BEN) along with a Form W-8IMY, which
(looking through multiple disregarded entities, if applicable).
identifies itself as a partnership, and identifying the manner in
which ECI of the upper-tier partnership will be allocated to the
Line 2. If you are a corporation, enter the country of
partners. For further information, see Regulations section
incorporation. If you are another type of entity, enter the
1.1446-5. A foreign grantor trust that is allocated ECI as a
country under whose laws you are created, organized, or
partner in a partnership should provide the withholding
governed.
certificates of its grantor (for example, Form W-8BEN) along
Line 3. If you are a disregarded entity receiving a payment,
with its Form W-8IMY which identifies the trust as a foreign
enter your name (if required). You are required to complete
grantor trust. See Regulations section 1.1446-1(c)(2)(ii)(E)
line 3 if you are a disregarded entity receiving a withholdable
for the rules requiring it to provide additional documentation
payment or hold an account with an FFI requesting this form
to the partnership.
and you:
Line 5. Check the one box that applies to your chapter 4
Have registered with the IRS and been assigned a GIIN
status. You are only required to provide a chapter 4 status if
associated with the legal name of the disregarded entity; and
you are acting as an intermediary with respect to a
Are a reporting Model 1 FFI or reporting Model 2 FFI .
withholdable payment, you are a flow-through entity receiving
If you are not required to provide the legal name of
a withholdable payment on behalf of your owners (including a
the disregarded entity, however, you may want to
reverse hybrid entity providing documentation on behalf of its
!
notify the withholding agent that you are a
owners to claim treaty benefits), you are providing a
CAUTION
disregarded entity receiving a payment or maintaining an
withholding statement associated with this form that allocates
account by indicating the name of the disregarded entity on
a portion of the payment to a chapter 4 withholding rate pool
line 10.
of U.S. payees with respect to your direct account holders
(as described in Regulations section 1.6049-4(c)(4)), you are
Line 4. Complete this line to establish your entity status for
providing this form to an FFI requesting this form to
purposes of chapter 3. Check the one box that applies. If you
document your chapter 4 status, or you are a QI (including a
are a foreign partnership receiving the payment on behalf of
QDD), WP, or WT. If you are a U.S. branch that does not
your partners, check the “Withholding foreign partnership”
agree to be treated as a U.S. person and that does not make
box or the “Nonwithholding foreign partnership” box,
the certification on line 19c, you should check
whichever is appropriate. If you are a foreign simple trust or
nonparticipating FFI; otherwise, leave line 5 blank. By
foreign grantor trust receiving the payment on behalf of your
checking a box on this line, you are representing that you
beneficiaries or owners, check the “Withholding foreign trust”
qualify for this classification.
box, the “Nonwithholding foreign simple trust” box, or the
For most of the chapter 4 classifications, you are
“Nonwithholding foreign grantor trust” box, whichever is
required to complete additional certifications found in
TIP
appropriate. If you are a foreign partnership (or a foreign
Parts IX through XXVIII. Complete the appropriate
trust) receiving a payment on behalf of persons other than
part of this form certifying that you meet the conditions of the
your partners (or beneficiaries or owners), check the
status indicated on line 5 (as defined under Regulations
“Qualified intermediary” box or the “Nonqualified
sections 1.1471-5 or 1.1471-6). Complete the required
intermediary” box, whichever is appropriate. A foreign
portion of this form before signing and providing it to the
reverse hybrid entity that is providing documentation from its
withholding agent.
interest holders to claim a reduced rate of withholding under
a treaty should check the appropriate box (including
FFIs Covered by IGAs and Related Entities
“Withholding foreign partnership” or “Withholding foreign
trust” if the entity has entered into a withholding agreement).
A reporting FFI resident in, or established under the laws of,
A partnership or grantor trust submitting Form W-8IMY solely
a jurisdiction covered by a Model 1 IGA should check
because it is allocated income effectively connected with a
“Reporting Model 1 FFI.” A reporting FFI resident in, or
U.S. trade or business as a partner in a partnership should
established under the laws of, a jurisdiction covered by a
check the box for nonwithholding foreign partnership or
Model 2 IGA should check “Reporting Model 2 FFI.” If you
nonwithholding foreign grantor trust and, if it is submitting or
are treated as a registered deemed-compliant FFI under an
will submit documentation for its partners or owners, it should
applicable IGA, you should check “Nonreporting IGA FFI”
complete Part VIII.
rather than “registered deemed-compliant FFI” and provide
-7-
Instructions for Form W-8IMY (Rev. 6-2017)
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