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

Special Rules for Requesting

otherwise permitted until the form’s period of validity

expires (subject to a change in circumstances), but with

Specific Types of Forms W–8

respect to chapter 4 may rely on the form only to the

extent permitted under the allowance for reliance on a

Form W–8BEN

pre-FATCA Form W-8. A withholding agent may rely on a

prior version of a Form W-8 described in the preceding

Request Form W-8BEN from any foreign individual to

sentence only if it is provided to the withholding agent

whom you are making a payment subject to chapter 3

prior to January 1, 2015. Also see Notice 2014-33,

withholding or a withholdable payment if he or she is the

2014-21 I.R.B. 1033, available at

beneficial owner of the income, whether or not he or she is

2014-13_IRB/ar07.html

for when a withholding agent may

claiming a reduced rate of, or exemption from, withholding

treat an obligation open before January 1, 2015, as a

(including under an applicable income tax treaty). In

preexisting obligation for purposes of applying the due

addition, if you are a partnership, request Form W-8BEN

diligence procedures under chapter 4.

for purposes of section 1446 from any foreign partner that

is an individual who is allocated ECTI. A beneficial owner

FFI’s Requirement To Request Form

is required to enter a U.S. taxpayer identification number

W-8 To Document Account Holders

(TIN) on line 5 if he or she is submitting the form to a

partnership that conducts a trade or business in the

If you are an FFI maintaining an account for an account

United States.

holder, you may be required to perform due diligence

procedures to identify and document a U.S. account

Also request Form W-8BEN when an individual payee

holder or entity account holder even if you are not making

may claim an exception from domestic information

a payment that is a withholdable payment (or an amount

reporting on Form 1099 (including section 6050W) and

subject to chapter 3 withholding) to the account holder.

backup withholding under section 3406 as a foreign

You may also use Forms W-8 to document the chapter 4

person for certain types of income, including broker

status of a foreign account holder regardless of whether

proceeds, short-term original issue discount, bank deposit

you make a payment that is a withholdable payment or an

interest, foreign source interest, dividends, rents, or

amount subject to chapter 3 withholding to the account

royalties.

holder, and to validate a claim of foreign status made by

the account holder when the account has certain U.S.

Finally, request Form W-8BEN if you are a participating

indicia. For example, an FFI may treat an individual

FFI or registered deemed-compliant FFI required to

account holder that has U.S. indicia (as described in

establish the foreign status of an individual account holder

Regulations section 1.1471-4(c)(5)(iv)(B)) as a foreign

for chapter 4 purposes or under the requirements of an

person for purposes of its U.S. account reporting

applicable IGA, absent obtaining other applicable

requirements when the individual provides a withholding

documentation that may be used for this purpose under

certificate (Form W-8BEN) and certain documentary

chapter 4 or the IGA.

evidence establishing foreign status. Similar

TIN requirements for Forms W-8BEN. You should

documentation rules apply to a registered

request the individual payee’s foreign TIN to be

deemed-compliant FFI for chapter 4 purposes. See

completed on line 6 of the Form W-8BEN if the payee is

Regulations section 1.1471-5(f)(1).

providing the Form W-8BEN with respect to an obligation

In the case of an FFI documenting an account holder of

held at your U.S. office and you are a financial institution.

an account that the FFI determines is excepted as a

If a foreign TIN is not provided for the payee in this case,

financial account under Regulations section 1.1471-5(b)

you may not treat the Form W-8BEN as valid if you know

(2), a Form W-8 (or other permitted documentation for

that the payee has a foreign TIN that it has not provided,

chapter 4 purposes) need not be provided unless the form

unless you have a record of the TIN in your account files

is associated with amounts subject to withholding under

that you are able to report on Form 1042-S. In any other

chapter 3. In such a case, a valid chapter 4 status need

case in which the foreign TIN is not provided, you must

not be provided on the form (only the information needed

obtain the individual payee’s date of birth on line 8 in order

for chapter 3 purposes with respect to the account

to treat the Form W-8BEN as valid unless you otherwise

holder).

have the individual payee’s date of birth in your account

files for the payee that you are able to report on a Form

1042-S. Note that a future revision to Form W-8BEN may

Requirements for Payment

require you to obtain both a foreign TIN and date of birth

Settlement Entities (PSEs)

for a payee described in this paragraph.

Under section 6050W, a PSE is required to report certain

payments on Form 1099-K made to a participating payee

Form W–8BEN–E

if the PSE does not establish the foreign status of the

Request Form W-8BEN-E from any foreign entity to which

payee. A Form W-8BEN, W-8BEN-E, or W-8ECI (as

you are making a payment of an amount subject to

applicable) may be used for this purpose. See the

chapter 3 withholding or a withholdable payment if the

requirements of section 6050W for when other

entity is the beneficial owner of the income, whether or not

documentation may be used for this purpose.

it is claiming a reduced rate of, or exemption from,

withholding (including under an applicable income tax

treaty). A foreign reverse hybrid entity claiming treaty

benefits on its own behalf should submit to you a Form

W-8BEN-E with respect to the income for which treaty

-5-

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 5

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