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

benefits are being claimed even though it is not the

certification otherwise required in Parts IV through XXVIII

beneficial owner of the income under U.S. tax principles.

of the form. In such a case, you must provide a written

See

Special Requirements for Hybrid and Reverse Hybrid

statement to the account holder stating that you have

Entities, later in these instructions, for further

provided the alternative certification to meet your due

requirements for chapter 4 purposes. In addition, if you

diligence requirements under an applicable IGA and must

are a partnership, request Form W-8BEN-E for purposes

associate the certification with the Form W-8BEN-E.

of section 1446 from any foreign partner that is an entity

that is allocated ECTI (other than a foreign partner that is

If you are a withholding agent (including an FFI), you

a partnership, grantor trust, or person or organization that

may also request and rely upon an alternative certification

qualifies to file Form W-8EXP). A beneficial owner is

from an entity account holder to establish that the account

required to enter a U.S. TIN for section 1446 purposes on

holder is an NFFE (rather than a financial institution)

line 8 if it is submitting the form to a partnership that

under an applicable IGA. An entity providing such a

conducts a trade or business in the United States. Also

certification will still be required, however, to provide its

request Form W-8BEN-E when an entity payee may claim

chapter 4 status (i.e., the type of NFFE) in Part I, line 5, as

an exception from domestic information reporting as a

determined under the regulations or IGA, whichever is

foreign person (including for section 6050W purposes) or

applicable to the withholding agent. For example, if you

to establish that certain income from notional principal

are a U.S. withholding agent that receives a Form

contracts is not effectively connected with the conduct of

W-8BEN-E from an entity account holder certifying to its

a U.S. trade or business for purposes of the reporting

status as a publicly traded NFFE, you may request a

requirements on Form 1042-S for such payments. See

written certification that the entity is not a financial

Regulations section 1.1441-4.

institution as defined under the IGA applicable to the entity

and document it under the regulations by obtaining the

For a Form W-8BEN-E that is associated with a

NFFE's certification of its chapter 4 status in Part I, line 5.

withholdable payment to a foreign entity, you must obtain

However, a nonprofit organization treated as an active

a valid chapter 4 status for the entity to the extent required

NFFE under Annex I of an applicable IGA may provide an

for chapter 4 purposes to determine if withholding applies

alternative certification that it is an NFFE that qualifies as

under chapter 4, and must obtain an applicable

a nonprofit organization under an applicable IGA. In such

certification in Parts IV through XXVIII unless provided

a case, the nonprofit organization will not be required to

otherwise in the instructions for Form W-8BEN-E (see

check a box in Part I, line 5, and the withholding agent

Alternative Certifications Under an Applicable

IGA,

may treat the entity as an excepted NFFE.

below). Also, see Regulations section 1.1471-1(b)(19)

(defines chapter 4 status). A valid chapter 4 status is not

If you receive an alternative certification under an

required to be provided when the form is associated with

applicable IGA described in the preceding paragraphs,

a payment subject to chapter 3 withholding that is not a

you may rely on such certification unless you know or

withholdable payment, when the payment is made with

have reason to know the certification is incorrect.

respect to a preexisting obligation before January 1, 2016,

to the extent provided in Regulations section 1.1471-2(a)

Requirements for Obtaining and Verifying a

(4)(ii) or 1.1472-1(b)(2), or the payment is made to an

Global Intermediary Identification Number (GIIN)

account that is excepted as a financial account under

Regulations section 1.1471-5(b)(2).

If you receive a Form W-8BEN-E from an entity payee that

is identified in Part I, line 1, that is claiming chapter 4

If you are a participating FFI or registered

status as a participating FFI (including a reporting Model 2

deemed-compliant FFI, request Form W-8BEN-E (or other

FFI) or registered deemed-compliant FFI (including a

permitted documentation) to document the chapter 4

reporting Model 1 FFI), or a nonreporting IGA FFI under a

status of an entity account holder, regardless of whether

Model 2 IGA, provided that the nonreporting IGA FFI is

you make a withholdable payment or an amount subject to

treated as a registered deemed-compliant FFI under the

chapter 3 withholding to such entity when you are required

Model 2 IGA, you must obtain and verify the entity’s GIIN

to do so under your chapter 4 due diligence requirements

against the published IRS FFI list. See Regulations

or under the requirements of an applicable IGA.

sections 1.1471-3(d)(4)(i) and 1.1471-3(e)(3).

Alternative Certifications Under an Applicable IGA

If you make a withholdable payment to a direct

If you are an FFI covered under a Model 1 IGA or Model 2

reporting NFFE, you must obtain and verify the direct

IGA using Form W-8BEN-E to document account holders

reporting NFFE’s GIIN against the published IRS FFI list.

pursuant to the due diligence requirements of Annex I of

an applicable IGA, you may be permitted to request

For payments made prior to January 1, 2016, a

alternative certifications from your account holders in

registered deemed-compliant FFI that is a sponsored FFI,

accordance with the requirements of and definitions

or a direct reporting NFFE that is a sponsored direct

applicable to the IGA to which you are subject instead of

reporting NFFE, must provide the GIIN of its sponsoring

the certifications in Parts IV through XXVIII of the Form

entity to you if it has not obtained its own GIIN. See

W-8BEN-E (which are based on the regulations under

Regulations section 1.1471-3(e)(3)(iv) for the

chapter 4). You should provide those certifications to

requirements to verify the GIIN against the published IRS

account holders that provide you with a Form W-8BEN-E,

FFI list for withholdable payments made to direct reporting

and the account holder should attach the completed

NFFEs and sponsored direct reporting NFFEs.

certification to the Form W-8BEN-E in lieu of completing a

-6-

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 6

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