Form W-9 - Request For Taxpayer Identification Number And Certification - 2014 Page 2

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Form W-9 (Rev. 12-2014)
Page
Note. If you are a U.S. person and a requester gives you a form other than Form
3. The IRS tells the requester that you furnished an incorrect TIN,
W-9 to request your TIN, you must use the requester’s form if it is substantially
4. The IRS tells you that you are subject to backup withholding because you did
similar to this Form W-9.
not report all your interest and dividends on your tax return (for reportable interest
Definition of a U.S. person. For federal tax purposes, you are considered a U.S.
and dividends only), or
person if you are:
5. You do not certify to the requester that you are not subject to backup
• An individual who is a U.S. citizen or U.S. resident alien;
withholding under 4 above (for reportable interest and dividend accounts opened
after 1983 only).
• A partnership, corporation, company, or association created or organized in the
United States or under the laws of the United States;
Certain payees and payments are exempt from backup withholding. See Exempt
payee code on page 3 and the separate Instructions for the Requester of Form
• An estate (other than a foreign estate); or
W-9 for more information.
• A domestic trust (as defined in Regulations section 301.7701-7).
Also see Special rules for partnerships above.
Special rules for partnerships. Partnerships that conduct a trade or business in
What is FATCA reporting?
the United States are generally required to pay a withholding tax under section
1446 on any foreign partners’ share of effectively connected taxable income from
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign
such business. Further, in certain cases where a Form W-9 has not been received,
financial institution to report all United States account holders that are specified
the rules under section 1446 require a partnership to presume that a partner is a
United States persons. Certain payees are exempt from FATCA reporting. See
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
Exemption from FATCA reporting code on page 3 and the Instructions for the
U.S. person that is a partner in a partnership conducting a trade or business in the
Requester of Form W-9 for more information.
United States, provide Form W-9 to the partnership to establish your U.S. status
and avoid section 1446 withholding on your share of partnership income.
Updating Your Information
In the cases below, the following person must give Form W-9 to the partnership
for purposes of establishing its U.S. status and avoiding withholding on its
You must provide updated information to any person to whom you claimed to be
allocable share of net income from the partnership conducting a trade or business
an exempt payee if you are no longer an exempt payee and anticipate receiving
in the United States:
reportable payments in the future from this person. For example, you may need to
provide updated information if you are a C corporation that elects to be an S
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the
corporation, or if you no longer are tax exempt. In addition, you must furnish a new
disregarded entity and not the entity;
Form W-9 if the name or TIN changes for the account; for example, if the grantor
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally,
of a grantor trust dies.
the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and
Penalties
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a
grantor trust) and not the beneficiaries of the trust.
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank
subject to a penalty of $50 for each such failure unless your failure is due to
that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use
reasonable cause and not to willful neglect.
the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax
Civil penalty for false information with respect to withholding. If you make a
on Nonresident Aliens and Foreign Entities).
false statement with no reasonable basis that results in no backup withholding,
Nonresident alien who becomes a resident alien. Generally, only a nonresident
you are subject to a $500 penalty.
alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on
Criminal penalty for falsifying information. Willfully falsifying certifications or
certain types of income. However, most tax treaties contain a provision known as
affirmations may subject you to criminal penalties including fines and/or
a “saving clause.” Exceptions specified in the saving clause may permit an
imprisonment.
exemption from tax to continue for certain types of income even after the payee
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law,
has otherwise become a U.S. resident alien for tax purposes.
the requester may be subject to civil and criminal penalties.
If you are a U.S. resident alien who is relying on an exception contained in the
saving clause of a tax treaty to claim an exemption from U.S. tax on certain types
Specific Instructions
of income, you must attach a statement to Form W-9 that specifies the following
five items:
Line 1
1. The treaty country. Generally, this must be the same treaty under which you
claimed exemption from tax as a nonresident alien.
You must enter one of the following on this line; do not leave this line blank. The
name should match the name on your tax return.
2. The treaty article addressing the income.
If this Form W-9 is for a joint account, list first, and then circle, the name of the
3. The article number (or location) in the tax treaty that contains the saving
person or entity whose number you entered in Part I of Form W-9.
clause and its exceptions.
a. Individual. Generally, enter the name shown on your tax return. If you have
4. The type and amount of income that qualifies for the exemption from tax.
changed your last name without informing the Social Security Administration (SSA)
5. Sufficient facts to justify the exemption from tax under the terms of the treaty
of the name change, enter your first name, the last name as shown on your social
article.
security card, and your new last name.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption
Note. ITIN applicant: Enter your individual name as it was entered on your Form
from tax for scholarship income received by a Chinese student temporarily present
W-7 application, line 1a. This should also be the same as the name you entered on
in the United States. Under U.S. law, this student will become a resident alien for
the Form 1040/1040A/1040EZ you filed with your application.
tax purposes if his or her stay in the United States exceeds 5 calendar years.
b. Sole proprietor or single-member LLC. Enter your individual name as
However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30,
shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade,
1984) allows the provisions of Article 20 to continue to apply even after the
or “doing business as” (DBA) name on line 2.
Chinese student becomes a resident alien of the United States. A Chinese student
who qualifies for this exception (under paragraph 2 of the first protocol) and is
c. Partnership, LLC that is not a single-member LLC, C Corporation, or S
relying on this exception to claim an exemption from tax on his or her scholarship
Corporation. Enter the entity's name as shown on the entity's tax return on line 1
or fellowship income would attach to Form W-9 a statement that includes the
and any business, trade, or DBA name on line 2.
information described above to support that exemption.
d. Other entities. Enter your name as shown on required U.S. federal tax
If you are a nonresident alien or a foreign entity, give the requester the
documents on line 1. This name should match the name shown on the charter or
appropriate completed Form W-8 or Form 8233.
other legal document creating the entity. You may enter any business, trade, or
DBA name on line 2.
Backup Withholding
e. Disregarded entity. For U.S. federal tax purposes, an entity that is
disregarded as an entity separate from its owner is treated as a “disregarded
What is backup withholding? Persons making certain payments to you must
entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on
under certain conditions withhold and pay to the IRS 28% of such payments. This
line 1. The name of the entity entered on line 1 should never be a disregarded
is called “backup withholding.” Payments that may be subject to backup
entity. The name on line 1 should be the name shown on the income tax return on
withholding include interest, tax-exempt interest, dividends, broker and barter
which the income should be reported. For example, if a foreign LLC that is treated
exchange transactions, rents, royalties, nonemployee pay, payments made in
as a disregarded entity for U.S. federal tax purposes has a single owner that is a
settlement of payment card and third party network transactions, and certain
U.S. person, the U.S. owner's name is required to be provided on line 1. If the
payments from fishing boat operators. Real estate transactions are not subject to
direct owner of the entity is also a disregarded entity, enter the first owner that is
backup withholding.
not disregarded for federal tax purposes. Enter the disregarded entity's name on
You will not be subject to backup withholding on payments you receive if you
line 2, “Business name/disregarded entity name.” If the owner of the disregarded
give the requester your correct TIN, make the proper certifications, and report all
entity is a foreign person, the owner must complete an appropriate Form W-8
your taxable interest and dividends on your tax return.
instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the Part II instructions on page
3 for details),

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