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

(5)(ii) (for a QI), 1.1441-5(c)(2) (for a WP), or 1.1441-5(e)

payment to a pool of exempt beneficial owners for which

(5)(v) (for a WT). However, for certain QIs that are not

the QI is receiving the payment.

financial institutions, you may request the written

For a QI providing this form that is not an FFI, the entity

statement described later in these instructions to establish

is not required to provide a chapter 4 status on Form

its chapter 4 status. Also see the Instructions for Form

W-8IMY and need not check a box in Part I, line 5. You

W-8IMY and the section 1441 regulations for the

may request that the entity certify, on a statement

permitted chapter 4 statuses of these entities.

associated with the form, that the entity is a QI that is an

A U.S. TIN is also required for an entity certifying its

NFFE to clarify its chapter 4 status as other than an FFI.

status as a QSL with respect to U.S. source substitute

An intermediary or flow-through entity may provide a

dividend payments and for a U.S. branch or territory

status for chapter 4 purposes found under the

financial institution providing a Form W-8IMY to evidence

requirements of (and documentation permitted under) an

its agreement to be treated as a U.S. person. In a case in

applicable IGA for an account holder, and a withholding

which you make a payment of a substitute dividend to a

agent may rely upon such status and documentation.

QSL for which you are required to determine the QSL's

Additionally, see the earlier instructions for Form

chapter 4 status, you must collect Form W-8IMY. In a

W-8BEN-E and Form W-8IMY for further details on

case in which a QSL's chapter 4 status is not required,

alternative certifications that may be requested by

you may continue to rely on the written certification of its

withholding agents for such cases.

compliance with the requirements of QSL status as

1446 requirements. Request Form W-8IMY for

required in Section III.C of Notice 2010-46, 2010-24 I.R.B.

purposes of section 1446 only from a foreign upper-tier

757, available at ,

partnership or foreign grantor trust. Generally, for

until such certification expires.

purposes of section 1446, the Form W-8IMY submitted by

A chapter 4 status is also required on a Form W-8IMY

these entities is used to transmit the forms of the owners

when the intermediary or flow-through entity providing the

of these entities. When such other forms are provided, a

form is a participating FFI or registered deemed-compliant

partnership may look through these entities to the

FFI that is using the form to provide a withholding

beneficial owners when determining its section 1446 tax

statement allocating a payment to a chapter 4 withholding

obligation.

rate pool of U.S. payees (in addition to when a chapter 4

status is otherwise required for withholdable payments).

Special Requirements for Hybrid

Additionally, for a Form W-8IMY provided by an

and Reverse Hybrid Entities

intermediary allocating a payment to such a pool, the

intermediary must provide the certification required on the

A hybrid entity is any person (other than an individual) that

form in Part IV with respect to its compliance with the

is treated as fiscally transparent (rather than as a

requirements of Regulations section 1.6049-4(c)(4) (or

beneficial owner) for purposes of declaring its status

similar requirement under chapter 61 for a payment other

under the Code but is not treated as fiscally transparent

than interest). In the case of a QI providing a withholding

by a country with which the United States has an income

statement allocating a payment to this pool, the QI must

tax treaty. A hybrid entity, however, may be considered a

check the applicable certification(s) in Part III, line 14e(i)

payee for chapter 4 purposes when receiving a

and/or 14e(ii). If the QI provides the certification in

withholdable payment when it is a flow-through entity (i.e.,

line 14e(i), the QI must certify to its chapter 4 status as a

not a disregarded entity) in addition to its partners,

participating FFI (including a reporting Model 2 FFI) or

beneficiaries, or owners as applicable. See Regulations

registered deemed-compliant FFI (including a reporting

section 1.1471-3(a) (defining who is a payee of a

Model 1 FFI.)

withholdable payment) and Regulations section

1.1471-3(d) for entities required to be documented for

If a participating FFI or registered deemed-compliant

chapter 4 purposes.

FFI that is an intermediary or flow-through entity provides

you with a withholding statement and documentation for

If you are making a payment to a hybrid entity that is

its account holders and payees, you are not required to

making a claim for treaty benefits as a qualified resident

verify the information on the account holders and payees

under an applicable tax treaty on its own behalf, the hybrid

provided in the documentation for chapter 4 purposes

entity should provide a Form W-8BEN-E to claim treaty

unless it is facially incorrect, and you are not required to

benefits. If the hybrid entity is receiving a payment that is a

obtain supporting documentation for the payee in addition

withholdable payment, it should also provide to you a

to the information provided on the withholding statement

Form W-8IMY along with a withholding statement (if

unless you are obtaining the documentation for purposes

required) establishing the chapter 4 status of each of its

of chapter 3 or 61, or unless you know that the

partners, beneficiaries, or owners as a condition for

documentation review conducted by the participating FFI

providing the rate of withholding under the treaty on the

or registered deemed-compliant FFI was not adequate for

entire payment. If the hybrid entity is a disregarded entity,

purposes of chapter 4. See Regulations section

the single owner should provide a Form W-8BEN-E or

1.1471-3(e)(4)(vi)(B) for standards that apply in such a

W-8BEN (as applicable) along with the Form W-8BEN-E

case to determine that chapter 4 withholding does not

for the hybrid entity. Line 10 of the Form W-8BEN-E may

apply (such that you may then determine the rate of

be used by the hybrid entity to associate the Forms W-8.

withholding applicable for chapter 3 purposes).

A QI that is a limited FFI may provide a Form W-8IMY

For an entity that is a reverse hybrid entity receiving a

associated with a withholding statement allocating a

withholdable payment, you should obtain a Form

-10-

Instructions for the Requester of Forms W-8 (Rev. 7-2014)

Instructions For The Requester Of Forms W-8ben, W-8ben-E, W-8eci, W-8exp, And W-8imy - 2014 Page 10

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