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

documentation permitted to be used to document an

presumption rules may be assessed tax at the 30% rate or

account holder for purposes of FATCA.

backup withholding rate of 28%, as well as interest and

penalties for lack of compliance. See later in the

If you determine that you are making a withholdable

discussion of Form W-8IMY as to the extent that form is

payment to an entity and cannot reliably associate the

required to be collected by a withholding agent making a

payment with a Form W-8 or other permitted

payment to a qualified securities lender.

documentation that is valid for chapter 4 purposes, you

are required to treat the entity payee as a nonparticipating

A partnership should request a Form W-8 or W-9 from

FFI such that withholding applies under Regulations

any partner that is allocated income that is effectively

section 1.1471-2(a). If you are making a withholdable

connected with the conduct of the partnership's U.S. trade

payment to an NFFE, you must withhold under

or business. A partnership that fails to withhold as

required under section 1446 is liable for the tax required to

Regulations section 1.1472-1 unless the NFFE (or other

be withheld. In addition, the partnership may be liable for

entity that is the beneficial owner of the payment) certifies

interest, penalties, and additions to the tax even if there is

on Form W-8 that it does not have any substantial U.S.

no underlying tax liability due from a foreign partner on its

owners or identifies its substantial U.S. owners or is a

allocable share of partnership ECTI.

class of NFFE that certifies its status on Form W-8 to

obtain an exemption from these requirements. See also

When you receive a completed Form W-8, you must

Regulations sections 1.1471-2(a)(4)(ii) and 1.1472-1(b)(2)

review it for completeness and accuracy with respect to

for transition rules for withholdable payments made to

the claims made on the form. This responsibility extends

entities prior to July 1, 2016, for which withholding (and

to the information attached to Form W-8, including for

establishing a payee's chapter 4 status) is not generally

Form W-8IMY, withholding statements, beneficial owner

required before that date. If you are a withholding agent

withholding certificates, or other documentation and

that is a participating FFI, you are required to withhold on

information to the extent such documentation is required

withholdable payments made to accounts held by

to be associated with the Form W-8IMY. See below for

recalcitrant account holders as well as to nonparticipating

specific requirements for each type of Form W-8. You may

FFIs (including entities treated as nonparticipating FFIs

accept a valid Form W-8 for chapter 3 or 61 (for Form

under the chapter 4 presumption rules) under Regulations

1099 reporting) purposes that does not contain a valid

section 1.1471-4(b). See Regulations section 1.1471-4(c)

chapter 4 status for an entity payee with respect to

for the standards of knowledge applicable to participating

payments that you determine are not withholdable

FFIs when documenting their account holders. A

payments. Otherwise, you must request a chapter 4 status

participating FFI acting as a withholding agent with

be provided in accordance with these instructions. See

respect to a withholdable payment made to an NFFE that

Notes for Validating Form

W-8IMY, later in these

is not an account holder of the participating FFI must also

instructions, for when a chapter 4 status is required on

withhold to the extent required under Regulations section

Form W-8IMY.

1.1472-1 and, as applicable, based on the chapter 4

presumption rules. If you make a withholdable payment to

If you are a withholding agent making a withholdable

a payee (including a payee that is not an account holder),

payment or a payment subject to chapter 3 withholding

you may be required to report the payment on Form

and you make the payment to an intermediary, you must

1042-S or on Form 8966, FATCA Report, or both, to the

obtain documentation (for example, Form W-8IMY) from

extent required in the instructions for those forms. See the

such intermediary (including the intermediary’s chapter 4

Instructions for Form 1042-S and Form 8966 for more

status if the payment is also a withholdable payment), as

information.

well as any required documentation from the beneficial

owner or owners of the payment.

You may use the Form W-8 received from a payee or

an account holder documenting the payee or account

Requesting Prior Form W-8 Versions

holder in connection with your withholding and reporting

For purposes of chapter 3, a withholding agent can

obligations under chapter 4 (in addition to those under

request the prior version of Form W-8 if the form is

chapter 3).

executed before the end of the six month period beginning

with the month after the revision date shown on the form,

Do not send Forms W-8 to the IRS. Instead, keep the

and may rely on the form until the form’s period of validity

forms in your records for as long as they may be relevant

expires. See Regulations sections 1.1441-1(e)(4)(ii) and

to the determination of your tax liability under section 1461

(viii)(C). For purposes of chapter 4, a withholding agent

(for payments subject to withholding under chapter 3),

section 1474 (for withholdable payments under

may request the prior version of Form W-8 but may rely on

chapter 4), or Regulations section 1.1471-4(c)(2)(iv) (for

the prior version of the form only to the extent permitted

an FFI documenting account holders).

under the allowance for reliance on a pre-FATCA Form

W-8. See Regulations section 1.1471-3(d)(1) regarding

Requesting Form W-8

reliance on a pre-FATCA Form W-8 for chapter 4

Request a Form W-8 described in these instructions from

purposes and the period of validity for a form used for this

any person to whom you are making a payment that you

purpose. Notwithstanding the above, for purposes of both

presume or otherwise believe to be a foreign person. You

chapters 3 and 4, a withholding agent making a payment

should request the form before making a payment so that

to, or documenting, an entity payee or account holder can

you have the form when you make the payment. A

request the prior version of a Form W-8BEN-E, W-8IMY,

withholding agent or payer that fails to obtain a Form W-8

W-8EXP, or W-8ECI prior to January 1, 2015, and with

or Form W-9 and fails to withhold as required under the

respect to chapter 3 may rely on the form to the extent

-4-

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 4

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