Instructions For The Requester Of Forms W-8ben, W-8ben-E, W-8eci, W-8exp, And W-8imy

Instructions for

Department of the Treasury

Internal Revenue Service

the Requester of

Forms W–8BEN,

W–8BEN–E, W–8ECI,

W–8EXP, and W–8IMY

(Rev. July 2014)

Section references are to the Internal Revenue Code

In order to document an account holder or other payee, a

unless otherwise noted.

withholding agent or an FFI may need to obtain a

withholding certificate (i.e., Form W-8 series) to establish

Future developments. For the latest information about

the chapter 4 status of a payee or an account holder or

developments related to the Forms W-8 and their

the payee's chapter 3 status, or to validate a payee’s or an

instructions for requesters, such as legislation enacted

account holder’s claim of foreign status when there are

after they were published, go to

Form-W-8,-Certificate-of-

U.S. indicia associated with the payee or the account. See

Foreign-Status.

Due Diligence

Requirements, later outlined in these

instructions. Forms W-8ECI, W-8EXP, and W-8IMY have

What's New

been updated to reflect the documentation requirements

of chapter 4. Additionally, Form W-8BEN has been

In 2010, Congress passed the Hiring Incentives to

divided into two versions — Form W-8BEN for use by

Restore Employment Act of 2010, P.L. 111-147 (the HIRE

individuals and Form W-8BEN-E for use by entities. Form

Act), which added chapter 4 of Subtitle A to the Code,

W-8BEN will continue to be used to document

consisting of sections 1471 through 1474 of the Code and

nonresident alien individuals, while Form W-8BEN-E will

commonly referred to as “FATCA” or “chapter 4.” Under

be used to document foreign entities, for purposes of

chapter 4 and the regulations thereunder, a withholding

chapters 3 and 4, and under certain other sections of the

agent that makes withholdable payments on or after July

Code in order to establish their status for withholding or

1, 2014, to a payee that is a foreign financial institution

reporting purposes. If you are a withholding agent making

(FFI) generally must withhold 30% on the payment unless

a payment of U.S. source fixed or determinable, annual or

the withholding agent is able to treat the FFI as a

periodical (FDAP) income, you should continue to fulfill

participating FFI, deemed-compliant FFI, or an exempt

your chapter 3 reporting and withholding obligations (as

beneficial owner. Additionally, a participating FFI or

required) using these forms in addition to using these

registered deemed-compliant FFI is generally required to

forms to satisfy any withholding or reporting obligations

perform due diligence procedures to identify its account

you may have under chapter 4. These updated forms

holders for purposes of chapter 4 and to report or

replace prior versions of Forms W-8.

withhold, as appropriate, on such account holders that are

Purpose of Instructions

U.S. account holders, recalcitrant account holders, or

nonparticipating FFIs. A withholding agent is also required

These instructions supplement the instructions for the

to withhold on withholdable payments made on or after

following forms and provide, for each form, notes to assist

July 1, 2014, to a nonfinancial foreign entity (NFFE),

withholding agents and FFIs in validating the forms for

unless it is able to treat the NFFE as other than a passive

chapter 3 and 4 purposes in addition to outlining the due

NFFE that fails to identify its substantial U.S. owners (or

diligence requirements applicable to withholding agents

certify that it does not have any substantial U.S. owners).

for establishing a beneficial owner’s foreign status and

In January 2013, final regulations were published that

claim for reduced withholding under an income tax treaty.

provide due diligence, withholding, and reporting rules for

These notes for chapters 3 and 4 are not inclusive of all

both U.S. withholding agents and FFIs under chapter 4

requirements that may apply to a withholding agent for

(T.D. 9610, available at

validating Forms W-8. A withholding agent should also

ar16.html). Additionally, temporary and proposed

reference the instructions for each Form W-8 and

regulations were released in February 2014, providing

applicable regulations under chapter 3 and chapter 4

updated regulations under chapter 4 (T.D. 9657, available

describing the requirements for withholding certificates.

at ) as well as

Form W-8BEN, Certificate of Foreign Status of

guidance amending certain of the regulations under

Beneficial Owner for United States Tax Withholding and

chapters 3 and 61 of the Code to coordinate with the

Reporting (Individuals).

requirements of chapter 4 (T.D. 9658, available at

Form W-BEN-E, Certificate of Status of Beneficial

). Additional

Owner for United States Tax Withholding and Reporting

guidance was provided in Notice 2014-33, 2014-21 I.R.B.

(Entities).

1033, available at

ar04.html.

Jul 16, 2014

Cat. No. 26698G

Instructions For The Requester Of Forms W-8ben, W-8ben-E, W-8eci, W-8exp, And W-8imy - 2014

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