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

you may also need to obtain other documentation for

principal contracts between the parties (for example, an

determining the account holder’s chapter 4 status to meet

International Swaps and Derivatives Association

your documentation requirements as a participating FFI or

agreement), or in the confirmation on the particular

registered deemed-compliant FFI.

notional principal contract transaction, that the payment is

not effectively connected with the conduct of a U.S. trade

If you receive a Form W-8ECI without a U.S. TIN

or business. See Regulations section 1.1441-4(a)(3)(ii)

entered on line 7, you may not treat the income as

and the instructions for Form W-8BEN-E described

effectively connected with a U.S. trade or business and

earlier.

you must apply the appropriate presumption rules.

Payments to certain U.S. branches treated as effec-

tively connected income. Payments to U.S. branches

Your receipt of Form W-8ECI serves as a

of certain foreign persons that have not agreed to be

representation by the payee or beneficial owner that the

treated as U.S. persons under Regulations section

items of income identified on line 11 are effectively

1.1441-1(b)(2)(iv)(A) and that have provided a U.S. TIN

connected with the conduct of a trade or business within

are presumed to be effectively connected with the

the United States. Therefore, if a beneficial owner

conduct of a trade or business within the United States

provides you with a Form W-8ECI, you may treat all of the

even if the foreign person (or its U.S. branch) does not

U.S. source income identified on line 11 paid to that

give you a Form W-8ECI or withholding certificates with

beneficial owner as effectively connected with the conduct

respect to other persons receiving the payment for which

of a trade or business within the United States and not as

a Form W-8IMY is provided by the U.S. branch.

a withholdable payment for purposes of chapter 4 (see

Regulations section 1.1473-1(a)(4)(ii)). Therefore, a

If Form W-8IMY or the branch’s EIN is not provided, the

chapter 4 status is not required for a payee who provides

income paid cannot be treated as effectively connected

a valid Form W-8ECI, except in the circumstances

income, and the withholding agent must withhold when

described above (for an FFI documenting an account

the payment is collected by the branch on behalf of other

holder under its chapter 4 requirements or the

persons.

requirements of an applicable IGA).

Form W–8EXP

If you pay items of income that are not identified on

Request Form W-8EXP from any foreign government,

line 11 by the beneficial owner as effectively connected

international organization, foreign central bank of issue,

with the conduct of a trade or business within the United

foreign tax-exempt organization, foreign private

States, you are generally required to obtain from the

foundation, or government of a U.S. possession to which

beneficial owner another type of Form W-8.

you are making a payment subject to chapter 3

withholding if such person is claiming an exemption from

You may not treat an amount as income effectively

withholding under sections 1441, 1442, and 1443

connected with the conduct of a trade or business within

pursuant to section 115(2), 501(c), 892, or 895, or

the United States unless the beneficial owner gives you a

claiming a reduced rate of withholding under section

valid Form W-8ECI. However, there are exceptions for

1443(b).

income paid on notional principal contracts and payments

A withholding agent making a withholdable payment

made to certain U.S. branches.

will also be required to determine the chapter 4 status of

Notional principal contracts reportable on Form

the person submitting Form W-8EXP to determine an

1042-S. Withholding at a 30% rate is not required on

exemption from withholding under chapter 4. In some

amounts paid under the terms of a notional principal

instances, for example, a payee that is claiming an

contract whether or not a Form W-8ECI is provided

exemption from withholding under sections 1441, 1442,

(except when a payment made under such contract is

and 1443 will also be an exempt beneficial owner that is

U.S. source income, such as a dividend equivalent

not subject to withholding for purposes of chapter 4. See

amount under section 871(m)). However, if the income is

Regulations section 1.1471-6. You should also request

effectively connected with the conduct of a U.S. trade or

Form W-8EXP when the government, organization, or

business, it is reportable by the withholding agent on Form

other entity referred to in the first sentence of this

1042-S (regardless of whether the payment is U.S. source

paragraph is claiming an exemption from withholding

income). A withholding agent must treat income as

under chapter 4 as an exempt beneficial owner under

effectively connected with the conduct of a U.S. trade or

Regulations section 1.1471-6, as a tax-exempt

business, even if a Form W-8ECI has not been received, if

organization under section 501(c), or as an entity with

the income is paid to a qualified business unit of a foreign

another chapter 4 status to which withholding under

person located in the United States or if the income is paid

chapter 4 does not apply (among the chapter 4 statuses

to a qualified business unit of a foreign person located

shown on Form W-8EXP). See line 4 of Form W-8EXP for

outside the United States and the withholding agent

the chapter 4 statuses that may be claimed on this form.

knows, or has reason to know, the payment is effectively

connected with the conduct of a U.S. trade or business.

If you are an FFI documenting an account holder that is

However, a payment is not treated as effectively

a tax-exempt organization or exempt beneficial owner

connected with the conduct of a U.S. trade or business if

under Regulations section 1.1471-6 to which you do not

the payee provides a Form W-8BEN-E representing that

pay amounts subject to withholding under chapter 3, you

the income is not effectively connected with a U.S. trade

may instead require that the account holder complete

or business or makes a representation in a master

Form W-8BEN-E to establish its status for chapter 4

agreement that governs the transactions in notional

purposes. For purposes other than documenting a payee

-8-

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 8

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