Instructions For Form W-8imy - Certificate Of Foreign Intermediary, Foreign Flow-Through Entity, Or Certain U.s. Branches For United States Tax Withholding And Reporting - 2016 Page 15

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agreed with the withholding agent to be treated as a U.S.
Note. If you are receiving income that is effectively
person with respect to payments associated with this Form
connected with the conduct of a trade or business in the
W-8IMY. In such case, you will be responsible for chapter 3
United States, provide Form W-8ECI (instead of Form
withholding and reporting, backup withholding under section
W-8IMY). If you are not receiving the income on behalf of
3406, chapter 4 withholding and reporting for any payments
your partners, beneficiaries, or owners, do not complete Part
you make to persons for whom you are receiving a
VIII. If you are a hybrid entity claiming treaty benefits, provide
withholdable payment (including any of your branches
Form W-8BEN-E. However, if you are receiving a
treated as NPFFIs), and will be treated as a U.S. payor for
withholdable payment you may also be required to provide
chapter 61 purposes. You must provide your EIN on line 8.
this Form W-8IMY and provide your chapter 4 status and the
You do not need to provide a chapter 4 status on line 5 or a
chapter 4 status of each of your owners. See the instructions
GIIN on line 9.
for Form W-8BEN-E for more information about hybrid
entities claiming treaty benefits.
Check box 19c to certify that you are a U.S. branch that
If you are receiving a withholdable payment, you must
does not have an agreement with the withholding agent to be
provide a chapter 4 status in line 5 and provide your GIIN (if
treated as a U.S. person. You must certify that you are
applicable) and the information required for the withholding
transmitting withholding certificates or other documentation
agent to report under section 1472.
for persons for whom you are receiving the payment. You
must also certify that you have provided or will provide a
Withholding statement of nonwithholding foreign part-
withholding statement (as required) with the information
nership or nonwithholding foreign trust. You must
required on an NQI withholding statement. For payments
provide the withholding agent with a withholding statement to
made on or after July 1, 2017, also check box 19c to certify
obtain reduced rates of withholding and relief from certain
that, when you are receiving a withholdable payment
reporting obligations. The withholding statement must
associated with this form, you are applying the rules
provide the same information as required for an NQI
described in Regulations section 1.1471-4(d)(2)(iii)(C). You
withholding statement, including the information required with
must also provide your EIN on line 8 but do not need to
respect to an NQI, foreign partnership, or foreign trust (other
include a chapter 4 status in Part I, line 5 or a GIIN on line 9.
than a WP or WT) for which you receive a payment. The
If you are unable to make this certification, you cannot fill out
withholding statement becomes an integral part of the Form
this part but instead must check the box on line 5 indicating
W-8IMY. If you are an FFI and allocate any portion of the
you are a nonparticipating FFI.
payment to a chapter 4 withholding rate pool of U.S. payees
with respect to accounts that you maintain, you must meet
Part VII — Withholding Foreign
the requirements of Regulations section 1.6049-4(c)(4)(iii)
Partnership (WP) or Withholding
and certify to your status in Part I, line 5 as a participating
FFI, registered deemed-compliant FFI, reporting Model 1 FFI,
Foreign Trust (WT)
or reporting Model 2 FFI. By providing a withholding
statement making such an allocation with this form, you
Check box 20 if you are a WP or a WT and you are receiving
certify that you meet the requirements outlined for an NQI
the payment on behalf of your partners, beneficiaries, or
withholding statement described earlier.
owners.
Foreign partnerships and trusts providing Form W-8IMY
If you are acting as a WP or WT, you must assume
for purposes of section 1446. In general, a partnership is
primary withholding and reporting responsibility under
required to withhold under section 1446 on effectively
chapter 3 and chapter 4 for all payments that are made to
connected taxable income (ECTI) allocable to a foreign
you for your partners, beneficiaries, or owners. Therefore,
partner. A foreign upper-tier partnership (UTP) that is a
you are not required to provide information to the withholding
partner in a lower-tier partnership (LTP) should provide the
agent regarding each partner’s, beneficiary’s, or owner’s
LTP with a Form W-8IMY and documentation sufficient for
distributive share of the payment and the information for the
the LTP to determine the status of the indirect partner to
withholding agent to report under section 1472 (if otherwise
whom the ECTI is allocable (looking through additional
required). If you are also receiving payments from the same
foreign UTPs, if applicable) and to determine such partner’s
withholding agent for persons other than your partners,
share of the lower-tier partnership’s ECTI.
beneficiaries, or owners, you must provide a separate Form
W-8IMY for those payments. If you are receiving a
A foreign grantor trust that is a partner in a partnership
withholdable payment, you must provide your chapter 4
should provide Form W-8IMY to the partnership along with
status in line 5 and provide your GIIN (if applicable).
documentation and information concerning the grantor or
other owner sufficient for the partnership to reliably associate
Part VIII — Nonwithholding Foreign
the portion of the trust’s allocable share of ECTI with the
Partnership, Simple Trust, or Grantor
grantor or other owner.
Check line 21b to certify that you are a foreign partnership
Trust
or grantor trust providing this Form W-8IMY to a lower-tier
Check box 21a if you are a foreign partnership or a foreign
partnership for purposes of section 1446.
simple or grantor trust that is not a WP or WT. Check box 21b
If you are providing this Form W-8IMY solely for
if you are a foreign partnership or foreign grantor trust
purposes of section 1446, you generally are not
providing this form for purposes of section 1446. If you are a
TIP
required to provide a chapter 4 status because items
foreign partnership or grantor trust receiving payments of
of effectively connected income are not withholdable
reportable amounts and providing this form for purposes of
payments. However, if you do not provide a chapter 4 status
section 1446, you may check both boxes. By checking either
and subsequently receive a withholdable payment, you will
box, you are certifying to the applicable statements on the
also be required to provide a Form W-8IMY to provide your
form.
chapter 4 status or the lower-tier partnership may have to
-15-
Instructions for Form W-8IMY (Rev. 6-2017)

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