Form W-9 - Request For Taxpayer Identification Number And Certification - 2017 Page 2
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Form W-9 (Rev. 11-2017)
Page
Example. Article 20 of the U.S.-China income tax treaty allows an
By signing the filled-out form, you:
exemption from tax for scholarship income received by a Chinese
1. Certify that the TIN you are giving is correct (or you are waiting for a
student temporarily present in the United States. Under U.S. law, this
number to be issued),
student will become a resident alien for tax purposes if his or her stay in
the United States exceeds 5 calendar years. However, paragraph 2 of
2. Certify that you are not subject to backup withholding, or
the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows
3. Claim exemption from backup withholding if you are a U.S. exempt
the provisions of Article 20 to continue to apply even after the Chinese
payee. If applicable, you are also certifying that as a U.S. person, your
student becomes a resident alien of the United States. A Chinese
allocable share of any partnership income from a U.S. trade or business
student who qualifies for this exception (under paragraph 2 of the first
is not subject to the withholding tax on foreign partners' share of
protocol) and is relying on this exception to claim an exemption from tax
on his or her scholarship or fellowship income would attach to Form
effectively connected income, and
W-9 a statement that includes the information described above to
4. Certify that FATCA code(s) entered on this form (if any) indicating
support that exemption.
that you are exempt from the FATCA reporting, is correct. See What is
If you are a nonresident alien or a foreign entity, give the requester the
FATCA reporting, later, for further information.
appropriate completed Form W-8 or Form 8233.
Note: If you are a U.S. person and a requester gives you a form other
Backup Withholding
than Form W-9 to request your TIN, you must use the requester’s form if
it is substantially similar to this Form W-9.
What is backup withholding? Persons making certain payments to you
Definition of a U.S. person. For federal tax purposes, you are
must under certain conditions withhold and pay to the IRS 28% of such
considered a U.S. person if you are:
payments. This is called “backup withholding.” Payments that may be
subject to backup withholding include interest, tax-exempt interest,
• An individual who is a U.S. citizen or U.S. resident alien;
dividends, broker and barter exchange transactions, rents, royalties,
• A partnership, corporation, company, or association created or
nonemployee pay, payments made in settlement of payment card and
organized in the United States or under the laws of the United States;
third party network transactions, and certain payments from fishing boat
• An estate (other than a foreign estate); or
operators. Real estate transactions are not subject to backup
withholding.
• A domestic trust (as defined in Regulations section 301.7701-7).
You will not be subject to backup withholding on payments you
Special rules for partnerships. Partnerships that conduct a trade or
receive if you give the requester your correct TIN, make the proper
business in the United States are generally required to pay a withholding
certifications, and report all your taxable interest and dividends on your
tax under section 1446 on any foreign partners’ share of effectively
tax return.
connected taxable income from such business. Further, in certain cases
where a Form W-9 has not been received, the rules under section 1446
Payments you receive will be subject to backup withholding if:
require a partnership to presume that a partner is a foreign person, and
1. You do not furnish your TIN to the requester,
pay the section 1446 withholding tax. Therefore, if you are a U.S. person
2. You do not certify your TIN when required (see the instructions for
that is a partner in a partnership conducting a trade or business in the
Part II for details),
United States, provide Form W-9 to the partnership to establish your
U.S. status and avoid section 1446 withholding on your share of
3. The IRS tells the requester that you furnished an incorrect TIN,
partnership income.
4. The IRS tells you that you are subject to backup withholding
In the cases below, the following person must give Form W-9 to the
because you did not report all your interest and dividends on your tax
partnership for purposes of establishing its U.S. status and avoiding
return (for reportable interest and dividends only), or
withholding on its allocable share of net income from the partnership
5. You do not certify to the requester that you are not subject to
conducting a trade or business in the United States.
backup withholding under 4 above (for reportable interest and dividend
• In the case of a disregarded entity with a U.S. owner, the U.S. owner
accounts opened after 1983 only).
of the disregarded entity and not the entity;
Certain payees and payments are exempt from backup withholding.
• In the case of a grantor trust with a U.S. grantor or other U.S. owner,
See Exempt payee code, later, and the separate Instructions for the
generally, the U.S. grantor or other U.S. owner of the grantor trust and
Requester of Form W-9 for more information.
not the trust; and
Also see Special rules for partnerships, earlier.
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust
What is FATCA Reporting?
(other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a
The Foreign Account Tax Compliance Act (FATCA) requires a
foreign bank that has elected to be treated as a U.S. person, do not use
participating foreign financial institution to report all United States
Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see
account holders that are specified United States persons. Certain
Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign
payees are exempt from FATCA reporting. See Exemption from FATCA
Entities).
reporting code, later, and the Instructions for the Requester of Form
W-9 for more information.
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
Updating Your Information
or eliminate U.S. tax on certain types of income. However, most tax
treaties contain a provision known as a “saving clause.” Exceptions
You must provide updated information to any person to whom you
specified in the saving clause may permit an exemption from tax to
claimed to be an exempt payee if you are no longer an exempt payee
continue for certain types of income even after the payee has otherwise
and anticipate receiving reportable payments in the future from this
become a U.S. resident alien for tax purposes.
person. For example, you may need to provide updated information if
If you are a U.S. resident alien who is relying on an exception
you are a C corporation that elects to be an S corporation, or if you no
contained in the saving clause of a tax treaty to claim an exemption
longer are tax exempt. In addition, you must furnish a new Form W-9 if
from U.S. tax on certain types of income, you must attach a statement
the name or TIN changes for the account; for example, if the grantor of a
to Form W-9 that specifies the following five items.
grantor trust dies.
1. The treaty country. Generally, this must be the same treaty under
Penalties
which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
Failure to furnish TIN. If you fail to furnish your correct TIN to a
3. The article number (or location) in the tax treaty that contains the
requester, you are subject to a penalty of $50 for each such failure
saving clause and its exceptions.
unless your failure is due to reasonable cause and not to willful neglect.
4. The type and amount of income that qualifies for the exemption
Civil penalty for false information with respect to withholding. If you
from tax.
make a false statement with no reasonable basis that results in no
5. Sufficient facts to justify the exemption from tax under the terms of
backup withholding, you are subject to a $500 penalty.
the treaty article.
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