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

If you make a withholdable payment to a branch of an

respect to payments that are subject to chapter 3

FFI identified in a box shown on Part II of the form that

withholding. In such a case, you should request the entity

provides you a GIIN, you must verify against the FFI list

complete a Form W-8IMY, if the entity is a partnership,

the GIIN (if applicable) provided in Part II, line 13, rather

simple trust, or grantor trust, or have the owner of a

than the GIIN for the entity provided in Part I, line 9a.

disregarded entity complete the appropriate Form W-8

based on the owner’s characteristics if the entity is a

You may only accept a Form W-8BEN-E with Part II

disregarded entity. An FFI documenting an account holder

completed if the entity shown in Part II is an FFI that is a

under its chapter 4 requirements or under an applicable

branch of the entity identified in line 1 and the branch is

IGA may, however, accept the Form W-8BEN-E when the

receiving a withholdable payment or if the entity shown in

entity account holder does not receive payments subject

Part II is a disregarded entity that is identified in Part I,

to chapter 3 withholding or withholdable payments

line 3, as receiving the payment. If you receive such a

associated with the form.

Form W-8BEN-E from a branch or disregarded entity

Part I, Line 5 (Chapter 4 Status). If you receive a Form

described in the preceding sentence that is receiving such

W-8BEN-E from an entity that is a certified

a payment associated with the form, you must verify the

deemed-compliant FFI under Regulations section

GIIN of the branch or disregarded entity against the

1.1471-5(f)(2), a deemed-compliant FFI under an

published IRS FFI list and not that of the entity identified in

applicable IGA, or an exempt beneficial owner, the entity

Part I, line 1.

should not check the box in Part I, line 5, of Form

W-8BEN-E for Nonparticipating FFI (including a limited

For a withholdable payment made to a certified

FFI or an FFI related to a Reporting IGA FFI other than a

deemed-compliant FFI that is a sponsored, closely held

registered deemed-compliant FFI or participating FFI).

investment vehicle, you must obtain a GIIN for the

Instead, it should check the appropriate box for its status

sponsoring entity and verify it against the published IRS

as a certified deemed-compliant FFI, nonreporting IGA

FFI list.

FFI, or exempt beneficial owner. See the Instructions for

Part I, line 5, of Form W-8BEN-E.

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

that is claiming chapter 4 status as a participating FFI,

Part I, Line 9 (Foreign TIN). You should request the

reporting Model 1 FFI, reporting Model 2 FFI, registered

entity payee’s foreign TIN to be completed on line 9b of

deemed-compliant FFI, direct reporting NFFE, sponsored

the Form W-8BEN-E if you are a financial institution

direct reporting NFFE, or sponsoring entity of an NFFE

maintaining the payee’s obligation at your U.S. office. If

that contains “Applied for” in the box for the GIIN, the

the foreign TIN is not provided, you may not treat the

payee must provide its GIIN within 90 days of providing

Form W-8BEN-E as valid if you know that the entity payee

the form. A Form W-8BEN-E from such a payee that does

has a foreign TIN that it has not provided, unless you have

not include a GIIN, or includes a GIIN that does not

record of the TIN in your account files that you are able to

appear on the published IRS FFI list, will be invalid for

report on Form 1042-S.

purposes of chapter 4 beginning on the date that is 90

Part X, Line 24 (Owner-Documented FFI). You may

days after the date the form is provided. See Regulations

accept a Form W-8BEN-E from an entity claiming status

section 1.1471-3(e)(3)(iii) and (iv).

as an owner-documented FFI that you agree to treat as an

Prior to January 1, 2015, if you receive a Form

owner-documented FFI that does not check box 24d in

W-8BEN-E from an entity payee that is claiming chapter 4

Part X regardless of whether you know that the entity is a

status as a reporting Model 1 FFI, you are not required to

trust that has one or more contingent beneficiaries. You

may accept this certificate (and may otherwise treat an

obtain the entity payee’s GIIN. A form from such an entity

entity as an owner-documented FFI) only if you are a

without the GIIN is valid for payments made prior to

designated withholding agent under the chapter 4

January 1, 2015.

regulations.

You may accept a GIIN that is indicated and clearly

Form W–8ECI

identified on the form rather than provided as required in

box 9a or another box permitted in the Instructions for

Request Form W-8ECI from any foreign person or

Form W-8BEN-E if the GIIN is clearly identified as being

organization to which you are making a payment if it is the

furnished with respect to the box.

beneficial owner of the income and it claims that the

income is effectively connected with the conduct of a

If you receive a Form W-8 from a payee or an account

trade or business in the United States. However, request

holder that contains a TIN or GIIN, you may not rely on the

a Form W-8BEN or W-8BEN-E (as applicable) from a

TIN or GIIN if the number provided is incomplete or

foreign partner that is allocated income that is effectively

truncated.

connected with the conduct of the partnership's trade or

business in the United States, unless the foreign partner

Further Notes for Validating Form W-8BEN-E

has made an election under section 871(d) or section

882(d).

Part I, Line 4 (Chapter 3 Status). If you receive a Form

W-8BEN-E from an entity that indicates in Part I, line 4,

Notes for Form W-8ECI

that the entity is a disregarded entity, partnership, simple

trust, or grantor trust, and the entity has checked “No” in

If you are an FFI maintaining accounts for account holders

Part I, line 4, of the Form W-8BEN-E, then you should not

and you receive a Form W-8ECI from an account holder,

accept the Form W-8BEN-E if the form is used with

-7-

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 7

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