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FATCA through reporting by FFIs directly to the IRS in

Withholding agent. Any person, U.S. or foreign, that has

accordance with the requirements of an FFI agreement,

control, receipt, custody, disposal, or payment of U.S.

supplemented by the exchange of information between

source FDAP income subject to chapter 3 or 4 withholding

such foreign government or agency thereof and the IRS.

is a withholding agent. The withholding agent may be an

An FFI in a Model 2 IGA jurisdiction that has entered into

individual, corporation, partnership, trust, association, or

an FFI agreement is a participating FFI, but may be

any other entity, including (but not limited to) any foreign

referred to as a reporting Model 2 FFI.

intermediary, foreign partnership, and U.S. branches of

certain foreign banks and insurance companies.

Nonresident alien individual. Any individual who is not

a citizen or resident alien of the United States is a

For purposes of section 1446, the withholding agent is

nonresident alien individual. An alien individual meeting

the partnership conducting the trade or business in the

either the “green card test” or the “substantial presence

United States. For a publicly traded partnership, the

test” for the calendar year is a resident alien. Any person

withholding agent may be the partnership, a nominee

not meeting either test is a nonresident alien individual.

holding an interest on behalf of a foreign person, or both.

Additionally, an alien individual who is a resident of a

See Regulations sections 1.1446-1 through 1.1446-6.

foreign country under the residence article of an income

tax treaty, or an alien individual who is a bona fide

Specific Instructions

resident of Puerto Rico, Guam, the Commonwealth of the

Northern Mariana Islands, the U.S. Virgin Islands, or

Part I

American Samoa is a nonresident alien individual. See

Pub. 519, U.S. Tax Guide for Aliens, for more information

Line 1. Enter your name. If you are a foreign individual

on resident and nonresident alien status.

who is the single owner of a disregarded entity that is not

claiming treaty benefits as a hybrid entity, with respect to

Even though a nonresident alien individual

a payment, you should complete this form with your name

married to a U.S. citizen or resident alien may

and information. If the account to which a payment is

choose to be treated as a resident alien for

CAUTION

made or credited is in the name of the disregarded entity,

certain purposes (for example, filing a joint income tax

you should inform the withholding agent of this fact. This

return), such individual is still treated as a nonresident

may be done by including the name and account number

alien for chapter 3 withholding tax purposes on all income

of the disregarded entity on line 7 (reference number) of

except wages. For purposes of chapter 4, a nonresident

the form. However, if the disregarded entity is claiming

alien individual who holds a joint account with a U.S.

treaty benefits as a hybrid entity, it should complete Form

person will be considered a holder of a U.S. account for

W-8BEN-E instead of this Form W-8BEN.

chapter 4 purposes.

Line 2. Enter your country of citizenship. If you are a dual

Participating FFI. A participating FFI is an FFI (including

citizen, enter the country where you are both a citizen and

a Reporting Model 2 FFI) that has agreed to comply with

a resident at the time you complete this form. If you are

the terms of an FFI agreement. The term participating FFI

not a resident in any country in which you have

also includes a qualified intermediary (QI) branch of a

citizenship, enter the country where you were most

U.S. financial institution, unless such branch is a reporting

recently a resident. However, if you are a United States

Model 1 FFI.

citizen, you should not complete this form even if you hold

citizenship in another jurisdiction. Instead, provide Form

Participating payee. A participating payee means any

W-9.

person that accepts a payment card as payment or

accepts payment from a third party settlement

Line 3. Your permanent residence address is the

organization in settlement of a third party network

address in the country where you claim to be a resident

transaction.

for purposes of that country’s income tax. If you are

completing Form W-8BEN to claim a reduced rate of

Payment settlement entity (PSE). A payment

withholding under an income tax treaty, you must

settlement entity is a merchant acquiring entity or third

determine your residency in the manner required by the

party settlement organization. Under section 6050W, a

treaty. Do not show the address of a financial institution, a

PSE is generally required to report payments made in

post office box, or an address used solely for mailing

settlement of payment card transactions or third party

purposes. If you do not have a tax residence in any

network transactions. However, a PSE is not required to

country, your permanent residence is where you normally

report payments made to a beneficial owner that is

reside.

documented as foreign with an applicable Form W-8.

If you reside in a country that does not use street

Recalcitrant account holder. A recalcitrant account

addresses, you may enter a descriptive address on line 3.

holder for purposes of chapter 4 includes an individual

The address must accurately indicate your permanent

who fails to comply with the requests of an FFI for

residence in the manner used in your jurisdiction.

documentation and information for determining the U.S. or

foreign status of the individual’s account, including

Line 4. Enter your mailing address only if it is different

furnishing this Form W-8BEN when requested.

from the address you show on line 3.

U.S. person. A U.S. person is defined in section 7701(a)

Line 5. If you have a social security number (SSN), enter

(30) and includes an individual who is a citizen or resident

it here. To apply for an SSN, get Form SS-5 from a Social

of the United States.

Security Administration (SSA) office or online at

If you are in the

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Instructions For Form W-8ben - Certificate Of Foreign Status Of Beneficial Owner For United States Tax Withholding And Reporting (Individuals) - 2014 Page 5

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