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

or account holder claiming a reduced rate of withholding

substitute dividends to this entity without requiring a

pursuant to section 115(2), 501(c), 892, 895, or 1443, you

withholding statement when the QSL provides a written

may request Form W-8BEN-E (such as to establish only

statement that it is not acting as an intermediary with

the entity’s foreign status) or W-8ECI (to establish that the

respect to such payments associated with the form or

income is effectively connected with a U.S. trade or

certifies its status as a QI. Additionally, you may rely on

business).

documentation that does not include a chapter 4 status for

an account holder or an intermediary or flow-through

A Form W-8EXP submitted by a foreign person for

entity when the withholding statement provided by such

purposes of withholding under sections 1441 through

entity indicates that the payment is made to an account

1443 will also establish that partner's foreign status for

excluded as a financial account under Regulations section

purposes of section 1446. However, except as provided in

1.1471-5(b)(2).

Regulations section 1.1446-3(c)(3) (regarding certain

tax-exempt organizations described in section 501(c)), the

The chapter 4 status of an intermediary or flow-through

submission of Form W-8EXP will have no effect on

entity is also required on the form if the form is associated

whether the partner is subject to withholding under section

with a withholdable payment and you are required to

1446.

determine the entity's status for chapter 4 purposes.

Except to the extent provided otherwise in applicable

A withholding agent may treat a payee as an

regulations, appropriate withholding certificates,

international organization without requiring a Form

documentary evidence, and withholding statements must

W-8EXP if the name of the payee is one designated as an

be associated with Form W-8IMY for both chapter 3 and 4

international organization by Executive Order (pursuant to

purposes or you must apply the presumption rules. See

22 U.S.C. 288 through 288(f)) and other facts surrounding

the Instructions for Form W-8IMY for details on these

the payment reasonably indicate that the beneficial owner

requirements, including the requirements for chapter 3

of the payment is an international organization. With

withholding rate pools permitted to be provided to

regard to amounts derived from bankers' acceptances for

withholding agents by QIs, and when chapter 4

chapter 3 purposes, a withholding agent may treat a

withholding rate pools may be included in withholding

payee as a foreign central bank of issue without requiring

statements provided by intermediaries and flow-through

a Form W-8EXP if the name of the payee and other facts

entities. A participating FFI or registered

surrounding the payment reasonably indicate that the

deemed-compliant FFI may also request Form W-8IMY

beneficial owner of the payment is a foreign central bank

from an intermediary or flow-through entity that is an

of issue.

account holder of the participating FFI or registered

A U.S. TIN is required if the beneficial owner is claiming

deemed-compliant FFI to establish its chapter 4 status

an exemption based solely on a claim of tax-exempt

(when required for chapter 4 purposes) or status under an

status as a foreign private foundation (or other foreign

applicable IGA even when no payments subject to

organization described under section 501(c)). However, a

chapter 3 withholding or withholdable payments are made

U.S. TIN is not required from a foreign private foundation

to the account. In such a case, a withholding statement is

that is subject to the 4% excise tax on gross investment

not required.

income (under section 4948(a)) on income that would be

exempt from withholding except for section 4948(a) (for

Notes for Validating Form W-8IMY

example, portfolio income).

TIN, Chapter 4 Status, and Withholding Statement. A

Form W–8IMY

QI, WP, or WT must provide the EIN that was issued to

the entity in such capacity (its QI-EIN, WP-EIN, or

Request Form W-8IMY from any person that is an

WT-EIN) as well as its GIIN if it is an FFI (other than a QI

intermediary (whether a qualified intermediary (QI) or a

that is a limited FFI), a direct reporting NFFE, or a

nonqualified intermediary, including certain U.S. branches

sponsoring entity as required for chapter 4 purposes when

or territory financial institutions), a withholding foreign

it is receiving a withholdable payment associated with the

partnership (WP), a withholding foreign trust (WT), or a

Form W-8IMY unless an exception for providing a

flow-through entity to which you make a withholdable

chapter 4 status applies (for example, a Form W-8IMY

payment or payment that is a reportable amount (as

provided with respect to a preexisting account (see

described in Regulations section 1.1441-1(e)(3)(vi)). A

Regulations section 1.1471-2(a)(4)(ii)). See the

flow-through entity includes a foreign partnership (other

Instructions for Form W-8BEN-E and the discussion of

than a WP), a foreign simple or grantor trust (other than a

Form W-8BEN-E earlier in these instructions for the

WT), and, for any payments for which a treaty benefit is

requirements with respect to obtaining and validating a

claimed, any entity to the extent it is treated as fiscally

GIIN that also apply with respect to an entity providing a

transparent under section 894. See the Instructions for

Form W-8IMY, including when a branch of an FFI receives

Form W-8IMY for when a Form W-8IMY is required to be

a withholdable payment and when a GIIN is not required

provided by a U.S. branch. Form W-8IMY should also be

on Form W-8IMY and when a chapter 4 status is not

provided by an entity to claim status as a qualified

required on this form. Because status as a QI, WP, or WT

securities lender (QSL) with respect to payments of U.S.

for a financial institution is limited to certain classes of

source substitute dividends and may be relied upon

FFIs, for Forms W-8IMY associated with withholdable

regardless of whether the QSL acts as an intermediary

payments, a withholding agent must validate that the QI,

with respect to substitute dividends associated with the

WP, or WT certifies its status when required for chapter 4

form. In a case in which an entity certifies on Form

purposes described in Regulations sections 1.1441-1(e)

W-8IMY its status as a QSL, you may make payments of

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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 9

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