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Формуляр W-14 Инструкции

Инструкция за формуляр W-14, Сертификат на чужда договаряща страна, получаваща плащания по федерални поръчки

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  • Формуляр W-14 - Сертификат на чужда договаряща страна, получаваща плащания по федерални поръчки
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Department of the Treasury  
Internal Revenue Service  
Instructions for Form W-14  
(August 2016)  
Certificate of Foreign Contracting Party Receiving Federal Procurement Payments  
Section references are to the Internal Revenue  
Code unless otherwise noted.  
are a foreign contracting party that is due  
to receive a specified federal procurement  
payment (see definition later) under the  
terms of the contract, and you are seeking  
to claim an exemption (in whole or in part)  
from the tax imposed by section 5000C.  
You must also submit Form W-14 when  
requested by the acquiring agency,  
whether or not you are claiming an  
entities or instrumentalities of the U.S.  
government.  
To the extent that a U.S. government  
department, agency, independent  
establishment, or corporation, other than  
the acquiring agency, is making the  
specified federal procurement payments  
pursuant to a contract, that department or  
agency is also considered to be the  
acquiring agency.  
Future Developments  
For the latest information about  
developments related to Form W-14 and  
its instructions, such as legislation  
enacted after they were published, go to  
exemption, in whole or in part, from  
withholding under section 5000C.  
Foreign contracting party. A foreign  
contracting party is any foreign person that  
is a party to a contract with the U.S.  
government that is entered into on or after  
January 2, 2011. A foreign person is any  
person other than a U.S. person (as  
defined in section 7701(a)(30)).  
General Instructions  
Do not use Form W-14 if:  
The payment is for any purpose other  
than for goods or services;  
Purpose of Form  
Section 5000C imposes a 2% tax on  
You are a U.S. person; instead, use  
Form W-9, Request for Taxpayer  
Identification Number and Certification;  
The payment is for purchases or  
personal services under the simplified  
acquisitions procedures that do not  
exceed the simplified acquisition threshold  
as described in 48 CFR 2.101;  
foreign persons that receive specified  
federal procurement payments pursuant to  
certain contracts with the U.S. government  
entered into on and after January 2, 2011.  
International procurement agreement.  
An international procurement agreement  
includes the World Trade Organization  
Government Procurement Agreement  
within the meaning of 48 CFR 25.400(a)  
(1) and any free trade agreement to which  
the United States is a party that includes  
government procurement obligations that  
provide appropriate competitive  
This tax is imposed on the gross  
amount of specified federal procurement  
payments and is generally collected by  
withholding under chapter 3. A specified  
federal procurement payment is  
The payment is for emergency  
acquisitions under contracts that were  
awarded under the “unusual and  
compelling urgency” authority of 48 CFR  
6.302-2 or were entered into under the  
emergency acquisition flexibilities as  
defined in 48 CFR Part 18;  
considered to have been paid whether it is  
paid directly to the contracting party or to a  
nominee or agent on behalf of the  
contracting party.  
government procurement opportunities to  
U.S. goods, services, and suppliers. A  
party to an international procurement  
agreement is a signatory to the agreement  
and does not include a country that is  
merely an observer with respect to the  
agreement.  
Provide Form W-14 to the acquiring  
agency (U.S. government department,  
agency, independent establishment, or  
corporation) to:  
The payment is for purchases made  
pursuant to a foreign humanitarian  
assistance contract described in Treasury  
Regulations section 1.5000C-1(d)(4); and  
You choose to submit a section 5000C  
certificate that includes all the necessary  
information required by Treasury  
Regulations section 1.5000C-2(d).  
Establish that you are a foreign  
contracting party; and  
Specified federal procurement pay-  
ment. A specified federal procurement  
payment is any payment made pursuant to  
a contract with a foreign contracting party  
that is for goods manufactured or  
If applicable, claim an exemption from  
withholding based on an international  
agreement (such as a tax treaty); or  
Claim an exemption from withholding,  
in whole or in part, based on an  
international procurement agreement or  
because goods are produced, or services  
are performed, in the United States.  
Change in circumstances. If a change  
in circumstances makes any information  
on the Form W-14 you have submitted  
incorrect, you must notify the acquiring  
agency within 30 days of the change in  
circumstances and you must provide a  
new Form W-14 or other appropriate form.  
produced or services provided in a foreign  
country that is not a party to an  
international procurement agreement with  
the United States. For purposes of section  
5000C, a foreign country does not include  
an outlying area.  
Provide Form W-14 to the acquiring  
agency before you earn or receive  
Expiration of Form W-14. Generally, a  
Form W-14 will remain valid for the term of  
the contract unless a change in  
circumstances makes any of the  
information incorrect.  
Outlying areas are the same areas as  
set forth in 48 CFR 2.101(b), which  
currently include Puerto Rico, the Northern  
Mariana Islands, American Samoa, Guam,  
the U.S. Virgin Islands, Baker Island,  
Howland Island, Jarvis Island, Johnston  
Atoll, Kingman Reef, Midway Islands,  
Navassa Island, Palmyra Atoll, and Wake  
Atoll.  
payments under the contract. Provide  
Form W-14 as early as practicable (for  
example, when the offer for contract is  
submitted to the U.S. government) but in  
any event no later than the date of  
execution of the contract. You must also  
submit a revised Section 5000C  
Definitions  
Acquiring agency. An acquiring agency  
is any U.S. government department,  
agency, independent establishment, or  
corporation described in 5 U.S.C. 101, 5  
U.S.C. 102, 5 U.S.C. 104(1), and 31  
U.S.C. 9101(3), that is a party to a  
Certificate within 30 days of a change in  
circumstances that causes the information  
in a Section 5000C Certificate held by the  
acquiring agency to be incorrect.  
Who Must Provide Form  
W-14  
contract. An acquiring agency does not  
include U.S. government departments,  
agencies, independent establishments, or  
corporations that are quasi-governmental  
You must provide Form W-14 to the  
acquiring agency when requested if you  
Aug 11, 2016  
Cat. No. 67607Z  
tax under section 5000C pursuant to an  
international agreement with the United  
States (such as a qualified income tax  
treaty).  
procured under a contract and paid to the  
contracting party. The total contract price  
may be known on the date of execution of  
the contract (for example, a fixed-price  
contract) or may have to be recomputed  
after the date of execution of the contract  
(for example, a cost-reimbursement  
contract that is paid on the basis of actual  
incurred cost).  
Specific Instructions  
Part I—Identification of  
Foreign Contracting Party  
and Acquiring Agency  
Line 1. Enter the name of the foreign  
contracting party. See the definition of  
“foreign contracting party” above. If the  
foreign contracting party is a branch, do  
not enter the business name of the branch  
here. Instead, enter the legal name of the  
entity that maintains the branch.  
International Agreements/Qualified In-  
come Tax Treaties. Section 5000C does  
not apply if the payment is made to a  
foreign person entitled to relief from the  
tax imposed under section 5000C  
pursuant to an international agreement  
with the United States, including relief  
pursuant to a non-discrimination provision  
of a qualified income tax treaty when the  
foreign person is entitled to the benefit of  
that provision.  
Line 11. Enter the foreign contracting  
party's nonexempt amount or estimated  
nonexempt amount.  
Nonexempt amount. A nonexempt  
amount is the portion of the contract price  
allocated to nonexempt goods and  
Line 2. If the foreign contracting party is a  
corporation, enter its country of  
A “qualified income tax treaty” means a  
nonexempt services, or when necessary,  
the portion of the contract price allocated  
to an estimate of either the nonexempt  
goods or nonexempt services, or both.  
U.S. income tax treaty in force that  
incorporation. If the foreign contracting  
party is another type of entity, enter the  
country under whose laws the foreign  
contracting party is created, organized, or  
governed. Do not abbreviate the name of  
the country.  
contains a non-discrimination article that  
applies to the tax imposed by section  
5000C and prohibits taxation that is more  
burdensome on a foreign national than on  
a U.S. national (or in the case of certain  
income tax treaties, taxation that is more  
burdensome on a foreign citizen than a  
U.S. citizen), regardless of residence. A  
foreign person that is entitled to relief from  
tax under section 5000C pursuant to a  
qualified income tax treaty is exempt from  
the tax under section 5000C, regardless of  
whether the payment it receives is for  
goods manufactured or produced, or for  
services provided, in a country that is not a  
party to an international procurement  
agreement with the United States.  
Nonexempt goods. Nonexempt  
goods are manufactured or produced in a  
foreign country that is not a party to an  
international procurement agreement with  
the United States.  
Line 3. Enter the permanent resident  
address of the foreign contracting party. A  
permanent resident address is the  
address in the country where the foreign  
contracting party claims to be a resident  
for purposes of that country's income tax.  
Do not provide the address of a financial  
institution (unless the foreign contracting  
party is a financial institution), a post office  
box, or an address used solely for mailing  
purposes unless it is the only address  
used by the entity and such address  
appears in the entity's organizational  
documents (that is, its registered  
Nonexempt services. Nonexempt  
services are provided in a foreign country  
that is not a party to an international  
procurement agreement with the United  
States.  
Line 12. Enter the contract ratio (line 11  
divided by line 10).  
Part IV—Explanation  
To assist both the U.S. government  
Complete Part IV if Part II or Part III is  
applicable.  
and foreign persons in determining  
whether the tax is imposed under section  
5000C and the regulations thereunder,  
these instructions identify all “qualified  
income tax treaties” in effect on the date  
this form is published (see Appendix A  
and Appendix B at the end of these  
instructions). For updates to this list, visit  
www.irs.gov/w14. For more information,  
see Notice 2015-35, 2015-18 I.R.B. 943.  
address).  
Part V—Certificate  
Line 4. Enter the mailing address of the  
foreign contracting party only if it is  
different from the address in line 3.  
The foreign contracting party must make  
certain certifications under penalties of  
perjury (see Part V of Form W-14). With  
respect to item #4, see Treasury  
Line 5. Enter the foreign contracting  
party's U.S. taxpayer identification number  
(TIN), if applicable. If the foreign  
Regulations section 1.5000C-4 for the  
rules relating to procedural obligations  
under section 5000C. With respect to item  
#5, see Treasury Regulations section  
1.5000C-5 for the definition of “engaged in  
any transaction (or series of transactions)  
with a principal purpose of avoiding the tax  
imposed under section 5000C.”  
contracting party is an entity, enter its U.S.  
employer identification number (EIN), if  
applicable. If the foreign contracting party  
is an entity and does not have an EIN,  
apply for one on Form SS-4, Application  
for U.S. Employer Identification Number, if  
the foreign contracting party is required to  
obtain a U.S. TIN.  
Part III—Exemption Based on  
International Procurement  
Agreement or Because Goods/  
Services Produced/Performed  
in the United States  
Line 9. Check the box on line 9 if the  
foreign contracting party is identifying  
specific exempt and nonexempt amounts  
(for example, by contract line number).  
See the definition of “nonexempt amount”  
in the line 11 instructions, later.  
Line 6. Enter the contract/reference  
number, if known.  
Line 7. Enter the name and address of  
the acquiring agency (see definition,  
earlier).  
Line 10. Enter the total contract price or  
estimated total contract price. The total  
contract price is the total cost to the U.S.  
government of the goods and services  
Part II—Exemption Based on  
International Agreement  
Check the box on line 8 if the foreign  
contracting party is claiming relief from the  
Instructions for Form W-14 (Rev. 8-2016)  
-2-  
Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United  
States. You are required to provide the information. We need it to ensure that you are complying with these laws and to allow us to  
figure and collect the right amount of tax.  
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form  
displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents  
may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential,  
as required by section 6103.  
The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is:  
Recordkeeping .  
Learning about the law or the form .  
Preparing the form.  
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3 hr., 49 min.  
1 hr.  
1 hr., 6 min.  
0 min.  
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Copying, assembling, and sending the form to the IRS.  
If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be  
happy to hear from you. You can send us comments from www.irs.gov/formspubs. Click on “More Information” and then on “Give us  
feedback.” Or you can send your comments to: Internal Revenue Service, Tax Forms and Publications Division, 1111 Constitution  
Ave. NW, IR-6526, Washington, DC 20224. Do not send Form W-14 to this office. Instead, give it to the acquiring agency, defined  
earlier.  
APPENDIX A  
The following qualified income tax treaties cover all nationals of the treaty country and exempt all such nationals from the tax imposed  
by section 5000C.  
Austria  
Bangladesh  
Belgium  
Iceland  
Italy  
Jamaica  
Japan  
Slovak Republic  
Slovenia  
South Africa  
Spain  
Bulgaria  
Canada  
Latvia  
Sri Lanka  
Czech Republic  
Denmark  
Estonia  
Lithuania  
Luxembourg  
Malta  
Sweden  
Switzerland  
Turkey  
Finland  
Germany  
Hungary  
Mexico  
Netherlands  
Portugal  
United Kingdom  
Venezuela  
APPENDIX B  
The following qualified income tax treaties cover only individual nationals of the treaty country and exempt all such individual nationals  
from the tax imposed by section 5000C.  
Cyprus  
Israel  
Kazakhstan  
Russia  
Ukraine  
Instructions for Form W-14 (Rev. 8-2016)  
-3-