Instructions For Form W-8exp - Certificate Of Foreign Government Or Other Foreign Organization For United States Tax Withholding And Reporting Page 5
ADVERTISEMENT
1
2
3
4
5
6
7
8
9Its net earnings are credited to its own account or to
Participating FFI. A participating FFI is an FFI that has
other accounts of the foreign sovereign, with no portion of
agreed to comply with the terms of an FFI agreement with
its income benefiting any private person.
respect to all branches of the FFI, other than a branch that
Its assets vest in the foreign sovereign upon dissolution.
is a reporting Model 1 FFI or a U.S. branch. The term
A controlled entity of a foreign sovereign also includes
participating FFI also includes a reporting Model 2 FFI and
a pension trust defined in Temporary Regulations section
a QI branch of a U.S. financial institution, unless such
1.892-2T(c) and may include a foreign central bank of
branch is a reporting Model 1 FFI.
issue to the extent that it is wholly owned by a foreign
Specified U.S. person. A specified U.S. person is any
sovereign.
U.S. person other than a person identified in Regulations
A foreign government must provide Form W-8EXP to
section 1.1473-1(c).
establish eligibility for exemption from withholding for
Substantial U.S. owner. A substantial U.S. owner (as
payments exempt from tax under section 892 or for
described in Regulations section 1.1473-1(b)) means any
purposes of establishing its status as an exempt beneficial
specified U.S. person that:
owner.
Owns, directly or indirectly, more than 10% (by vote or
Intergovernmental agreement (IGA). An IGA means a
value) of the stock of any foreign corporation;
Model 1 IGA or a Model 2 IGA. For a list of jurisdictions
Owns, directly or indirectly, more than 10% of the
treated as having in effect a Model 1 or Model 2 IGA, see
profits interests or capital interests in a foreign
the list of jurisdictions at
partnership;
center/tax-policy/treaties/Pages/FATCA-Archive.aspx.
Is treated as an owner of any portion of a foreign trust
under sections 671 through 679; or
A Model 1 IGA means an agreement between the
Holds, directly or indirectly, more than a 10% beneficial
United States or the Treasury Department and a foreign
interest in a trust.
government or one or more agencies to implement
FATCA through reporting by FFIs to such foreign
Territory financial institution. The term territory
government or agency thereof, followed by automatic
financial institution means a financial institution that is
exchange of the reported information with the IRS. An FFI
incorporated or organized under the laws of any U.S.
in a Model 1 IGA jurisdiction that performs account
territory. However, an investment entity that is not also a
reporting to the jurisdiction’s government is referred to as
depository institution, custodial institution, or specified
a reporting Model 1 FFI.
insurance company is not a territory financial institution.
A Model 2 IGA means an agreement or arrangement
Withholdable payment. The term withholdable payment
between the U.S. or the Treasury Department and a
means an amount subject to withholding for purposes of
foreign government or one or more agencies to implement
chapter 4 as described in Amounts subject to withholding,
FATCA through reporting by FFIs directly to the IRS in
earlier. Also see Regulations section 1.1473-1(a) for the
accordance with the requirements of an FFI agreement,
definition of withholdable payment.
supplemented by the exchange of information between
such foreign government or agency thereof and the IRS.
Withholding agent. Any person, U.S. or foreign, that has
An FFI in a Model 2 IGA jurisdiction that has entered into
control, receipt, custody, disposal, or payment of U.S.
an FFI agreement with respect to a branch is a
source FDAP income subject to chapter 3 or 4 withholding
participating FFI, but may be referred to as a reporting
is a withholding agent. The withholding agent may be an
Model 2 FFI.
individual, corporation, partnership, trust, association, or
any other entity, including (but not limited to) any foreign
International organization. For purposes of chapter 3,
intermediary, foreign partnership, and U.S. branches of
an international organization is any public international
certain foreign banks and insurance companies.
organization entitled to enjoy privileges, exemptions, and
immunities as an international organization under the
Specific Instructions
International Organizations Immunities Act (22 U.S.C.
288-288(f)). In general, to qualify as an international
Part I — Identification of Beneficial
organization, the United States must participate in the
organization pursuant to a treaty or under the authority of
Owner
an Act of Congress authorizing such participation.
Before completing Part I, complete the Worksheet for
Any organization that qualifies as an international
Foreign Governments, International Organizations, and
organization under chapter 3 also qualifies as an
Foreign Central Banks of Issue, later, to determine
international organization under chapter 4.
whether amounts received are or will be exempt from U.S.
For purposes of chapter 4, an international organization
tax under section 892 or 895 and exempt from withholding
also includes any intergovernmental or supranational
under sections 1441 and 1442. Use the results of this
organization that is comprised primarily of foreign
worksheet to check the appropriate box on line 3 and in
governments, that is recognized as an intergovernmental
Part II. Do not give the worksheet to the withholding agent.
or supranational organization under a foreign law similar
Instead, keep it for your records.
to 22 U.S.C. 288-288(f) or that has in effect a
Line 1. Enter the full name of the organization.
headquarters agreement with a foreign government, and
whose income does not inure to the benefit of private
Line 2. Enter the country under the laws of which the
persons.
foreign government or other foreign organization was
created, incorporated, organized, or governed.
-5-
Instructions for Form W-8EXP (Rev. 7-2017)
ADVERTISEMENT
0 votes
Related Articles
Related forms
Instructions For Form W-8exp - Certificate Of Foreign Government Or Other Foreign Organization For United States Tax Withholding And Reporting - 1998
Financial
Instructions For Form W-8exp - Certificate Of Foreign Government Or Other Foreign Organization For United States Tax Withholding And Reporting - 2017
Financial
Form W-8exp (chinese) - Certificate Of Foreign Government Or Other Foreign Organization For United States Tax Withholding And Reporting - 2014
Financial
Form W-8exp - Certificate Of Foreign Government Or Other Foreign Organization For United States Tax Withholding And Reporting
Financial
Form W-8exp - Certificate Of Foreign Government Or Other Foreign Organization For United States Tax Withholding And Reporting - 2014
Financial
Form W-8exp - Certificate Of Foreign Government Or Other Foreign Organization For United States Tax Withholding And Reporting - 2014
Financial
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 - 2016
Financial
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 - 2017
Financial
Related Categories
Parent category: Financial