Z pokynů W-9
Pokyny pro žadatele o formulář W-9, žádost o identifikační číslo a osvědčení daňového poplatníka
Rev. března 2024
Související formuláře
- Formulář W-9 - Žádost o identifikační číslo daňového poplatníka a osvědčení
Department of the Treasury
Internal Revenue Service
Instructions for the
Requester of Form W-9
(Rev. March 2024)
Request for Taxpayer Identification Number
and Certification
Section references are to the Internal Revenue Code unless
otherwise noted.
Partnership withholding under section 1446(f)(4) on
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distributions to transferees of non-PTP interests that failed to
properly withhold under section 1446(f).
The portion of the section 1446(a) regulations relating to
withholding and reporting on distributions made by PTPs was
expanded to allow certain additional entities to act as nominees
for PTP distributions.
For applicability dates for certain regulations under sections
1446(a) and (f), see Notice 2021-51, available at IRS.gov/irb/
Future Developments
For the latest developments related to Form W-9 and its
instructions, such as legislation enacted after they were
What’s New
Updated qualified intermediary (QI) agreement. The QI
withholding agreement, entered into by the Internal Revenue
Service (IRS) and certain foreign persons under Regulations
section 1.1441-1(e), and outlined in Rev. Proc. 2017-15, expired
December 31, 2022. New QI guidance effective January 1,
2023, was published in Rev. Proc. 2022-43 and allows certain
persons to enter into an agreement to simplify their obligations
as withholding agents under chapters 3 and 4 of the Code and
as payors under chapter 61 and section 3406 for amounts paid
to their account holders. See Rev. Proc. 2022-43, available at
Line 3a. We clarified that a Limited Liability Company (LLC) that
is a disregarded entity should fill out line 3a by checking the
appropriate box for the tax classification of its owner in the first
row on line 3a. We also added guidance that provides clarity for
disregarded entities completing lines 1 and 2. For proper
processing, information for disregarded entities is reported as
the owner’s name on line 1, and the disregarded entity’s name is
entered on line 2.
For an LLC that is not disregarded, line 3a has a single box to
check and available entry space for the LLC to notate the proper
tax classification as corporation, S corporation, or partnership
(C, S, or P).
Reminders
We updated the Note in line 3a to emphasize this distinction
for LLCs.
Backup withholding rate. The backup withholding rate is 24%
for reportable payments.
Line 3b. A new line has been added for partnerships (including
limited liability companies (LLCs) classified as partnerships for
U.S. federal tax purposes), trusts, or estates to indicate if they
have foreign partners, owners, or beneficiaries when providing
this form to a flow-through entity in which it owns an interest. This
change provides the flow-through entity with information
regarding the status of its indirect foreign partners, owners, or
beneficiaries, so that it can satisfy any applicable reporting
requirements.
Foreign Account Tax Compliance Act (FATCA) and backup
withholding exemptions. FATCA requires a participating
foreign financial institution (FFI) to report all U.S. account holders
that are specified U.S. persons (generally individuals,
partnerships, S corporations, LLCs and certain estates and
trusts). Form W-9 has space to enter an Exempt payee code (if
any) and Exemption from FATCA Reporting Code (if any). The
references for the appropriate codes are in the Exemptions
section of Form W-9, and in the Payees and Account Holders
Exempt From FATCA Reporting section of these instructions.
You are only required to verify that the box on line 3b has
been properly checked if you are a flow-through entity that is
otherwise required to obtain a new Form W-9 from your partner,
owner, or beneficiary. You may rely on the information provided
on line 3b unless you know that it is incorrect. If line 3b is
completed (or if it has not been completed and you know that
this is incorrect), you may be required to report on Schedules
K-2 and K-3 (Form 1065) or otherwise provide the relevant
information to your partner, owner, or beneficiary. See
The Certification section in Part II of Form W-9 includes
certification relating to FATCA reporting.
Differences in chapter 3 and chapter 4. Withholding on
certain U.S. source reportable payments under chapter 3 is
different than withholding on certain withholdable payments to
foreign entities that fail to report U.S. owners and account
holders under chapter 4. These instructions cover the basics. A
review of Pub. 515, Withholding of Tax on Nonresident Aliens
and Foreign Entities, is essential to learn details associated with
backup withholding not covered here.
Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
Withholding and reporting under sections 1446(a) and (f)
starting in 2023. Section 1446(f), added by P.L. 115-97,
section 13501, enacted new rules for withholding on the transfer
of a partnership interest.
Purpose
Chapter 3 provides that non-U.S. persons, whether individuals or
entities, are subject to tax on their income that is effectively
connected to a U.S. trade or business. A properly completed and
signed Form W-9 can be relied upon to avoid backup
In general, section 1446(f) applies to transfers of partnership
interests occurring on or after January 1, 2018. However, certain
withholding provisions of section 1446(f) apply to transfers after
2022, including:
withholding to a payee. However, a payor of certain information
return reportable payments is subject to the withholding
requirements under section 3406 (backup withholding), if:
Transfers of interests in publicly traded partnerships (PTPs)
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under section 1446(f);
Distributions made by PTPs (PTP distributions); and
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Mar 11, 2024
Cat. No. 20479P
1. A payee fails to furnish a taxpayer identification number
(TIN);
financial institutions (FFIs), and the substantial U.S. owners of
certain foreign entities (more than a 10% ownership interest). A
withholding agent must withhold 30% of any withholdable
payment (with certain exceptions) to an FFI or non-financial
foreign entity (NFFE) that fails to provide documentation that the
withholding agent may rely upon to treat the payment as exempt
or that fails to provide a certification that it does not have any
substantial U.S. owners. See sections 1471 through 1474.
2. IRS provides notification that a payee's TIN is incorrect;
3. There has been a notified payee underreporting of
payments of interest or dividends; or
4. There has been a payee failure to certify that the payee is
not subject to backup withholding.
A payor must deduct, withhold, and deposit with IRS 24% of
reportable payments made to that payee until the cause of the
backup withholding is remedied.
With a model 1 or 2 intergovernmental agreement (IGA),
reporting FFIs must identify U.S. accounts and report information
about U.S. account holders.
Backup withholding liability. If you don’t collect backup
withholding from affected payees as required, you may become
liable for any uncollected amount.
If a withholding agent makes a payment to a person that is not
the payee, the withholding agent will be required to determine
the chapter 4 status of each intermediary or flow-through entity
in the payment chain until the withholding agent is able to identify
the payee. Standards for determining when a withholding agent
will be considered to have reason to know that a claim of
exemption from withholding is unreliable or incorrect are outlined
in Regulations section 1.1471-3(e)(4).
Chapter 4. For chapter 4 purposes, Form W-9 is used to
withhold on payments to foreign financial institutions (FFI) and
non-financial foreign entities (NFFE) if they don't report all
specified U.S. account holders. If an account holder fails to
provide its TIN, then the withholding rate is 30%.
See Regulations section 1.1471-3 for details regarding
presumptions, valid documentation to determine payee status,
and consequences for an agent that fails to withhold in
accordance with the presumptions or that has actual knowledge
or reason to know facts contrary to the presumptions. For
information on exempt payees, see Payees and Account Holders
Exempt From FATCA Reporting, later.
TIN matching e-services. The IRS website offers TIN
matching e-services for certain payors to validate name and TIN
Matching, later.
Background. Chapter 3
Section 1446(f) generally requires that if a portion of a gain on
any disposition of an interest in a partnership would be treated
under section 864(c)(8) as effectively connected income (ECI),
the transferee purchasing an interest from a non-U.S. transferor
must withhold a tax equal to 10% of the amount realized, unless
an exception applies. The amount of gain or loss treated as ECI
is equal to the distributive share of ECI that would be allocated to
the transferring partner if the partnership sold all of its assets as
of the date of the transfer. (The partner is deemed to have sold
its proportionate share of the assets the partnership uses in its
U. S. trade or business.) If a partnership also holds one or more
U. S. real property interests, at the time of the disposition of the
interest, the gain or loss treated as ECI is figured under
Individual Taxpayer Identification
Number (ITIN)
Form W-9 (or an acceptable substitute) is used by persons
required to file information returns with the IRS to get the payee's
(or other person's) correct name and TIN. For individuals, the
TIN is generally a social security number (SSN).
However, in some cases, individuals who become U.S.
resident aliens for federal tax purposes are not eligible to obtain
an SSN. This includes certain resident aliens who must receive
information returns but who cannot obtain an SSN.
Regulations section 1.864(c)(8)-1(c).
These individuals must apply for an ITIN on Form W-7,
Application for IRS Individual Taxpayer Identification Number,
unless they have an application pending for an SSN. Individuals
who have an ITIN must provide it on Form W-9.
Generally, a presumption of foreign status is required if a
properly completed and signed Form W-9 is not received. A
payee may rebut any presumption by providing reliable
documentation to the withholding agent or, if applicable, to the
IRS.
If the transferor furnishes an affidavit stating, under penalty of
perjury, the transferor's U.S. TIN and that the transferor is not a
foreign person, then no withholding is required for a disposition.
Withholding is required if the transferee has actual knowledge
that the affidavit is false, or the transferee receives a notice from
an agent that the statement is false, or the IRS requires the
transferee to furnish a copy of the affidavit/statement and the
transferee fails to furnish a copy.
Note. ITINs that haven’t been included on a U.S. federal tax
return at least once in the last 3 consecutive tax years will expire.
Expired ITINs must be renewed in order to avoid delays in
processing the ITIN holder’s tax return. If the IRS deactivates the
ITIN because it has expired, the ITIN may still be used on Form
W-9. However, the ITIN holder will have to apply to renew the
deactivated ITIN if there is a need to file a tax return. For more
information, see the Instructions for Form W-7.
Substitute Form W-9
If the transferee fails to withhold, the partnership is required to
withhold from distributions to the transferee a tax (equal to the
amount the transferee failed to withhold, plus interest). See
generally T.D. 9926.
You may develop and use your own Form W-9 (a substitute Form
W-9) if its content is substantially similar to the official IRS Form
W-9 and it satisfies certain certification requirements.
A valid Form W-9, or a substitute form, must contain the
payee's name and TIN and be signed and dated under penalties
of perjury by the payee or a person authorized to sign for the
payee. A foreign person, including a U.S. branch of a foreign
person that is treated as a U.S. person under Regulations
section 1.1441-1(b)(2)(iv) or a foreign branch of a U.S. financial
institution that is a QI, may not provide a Form W-9.
Background. Chapter 4
U.S. persons are subject to tax on worldwide income from all
sources including income generated outside of the United
States. It is not illegal or improper for U.S. taxpayers to own
offshore structures, accounts, or assets. However, taxpayers
must comply with income tax and information reporting
requirements associated with these offshore activities.
You may incorporate a substitute Form W-9 into other
business forms you customarily use, such as account signature
cards. However, the certifications on the substitute Form W-9
The Foreign Account Tax Compliance Act (FATCA) of 2010
aims at getting information regarding account holders of foreign
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Instr. for Req. of Form W-9 (Rev. 3-2024)
must clearly state (as shown on the official Form W-9) that under
penalties of perjury:
Alternative rule. You may also elect to backup withhold during
this 60-day period, after a 7-day grace period, under one of the
two alternative rules discussed below.
1. The payee's TIN is correct,
Option 1. Backup withhold on any reportable payments if the
payee makes a withdrawal from the account after the close of 7
business days after you receive the awaiting-TIN certificate.
Treat as reportable payments all cash withdrawals in an amount
up to the reportable payments made from the day after you
receive the awaiting-TIN certificate to the day of withdrawal.
Option 2. Backup withhold on any reportable payments made
to the payee's account, regardless of whether the payee makes
any withdrawals, beginning no later than 7 business days after
you receive the awaiting-TIN certificate.
2. The payee is not subject to backup withholding due to
failure to report interest and dividend income,
3. The payee is a U.S. person, and
4. The FATCA code entered on this form (if any) indicating
that the payee is exempt from FATCA reporting is correct.
You may provide certification instructions on a substitute
Form W-9 in a manner similar to the official form. If you are not
collecting a FATCA exemption code by omitting that field from
the substitute Form W-9, see Payees and Account Holders
4 does not apply.
The 60-day exemption from backup withholding does
not apply to any payment other than interest, dividends,
!
CAUTION
and certain payments relating to readily tradable
You may not:
instruments. Any other reportable payment, such as
nonemployee compensation, is subject to backup withholding
immediately, even if the payee has applied for and is awaiting a
TIN.
1. Use a substitute Form W-9 that requires the payee, by
signing, to agree to provisions unrelated to the required
certifications, or
2. Imply that a payee may be subject to backup withholding
unless the payee agrees to provisions on the substitute form that
are unrelated to the required certifications.
Even if the payee gives you an awaiting-TIN certificate, you must
backup withhold on reportable interest and dividend payments if
the payee does not certify, under penalties of perjury, that the
payee is not subject to backup withholding.
A substitute Form W-9 that contains a separate signature line
just for the certifications satisfies the requirement that the
certifications be clearly stated.
If you do not collect backup withholding from affected payees as
required, you may become liable for any uncollected amount.
If a single signature line is used for the required certifications
and other provisions, the certifications must be highlighted,
boxed, printed in bold-face type, or presented in some other
manner that causes the language to stand out from all other
information contained on the substitute form. Additionally, the
following statement must be presented to stand out in the same
manner as described above and must appear immediately
above the single signature line:
For payees exempt from backup withholding, see Payees
Exempt From Backup Withholding. For payments exempt from
backup withholding, see Payments Exempt From Backup
How Do I Know When To Use
Form W-9?
Use Form W-9 to request the taxpayer identification number
(TIN) of a U.S. person (including a resident alien) and to request
certain certifications and claims for exemption. (See Purpose of
Form on Form W-9.) Withholding agents, defined later, may
require signed Forms W-9 from U.S. exempt recipients to
overcome a presumption of foreign status. For federal tax
purposes, a U.S. person includes, but is not limited to:
“The IRS does not require your consent to any provision of
this document other than the certifications required to avoid
backup withholding.”
If you use a substitute form, you are required to provide the
Form W-9 instructions to the payee only if he or she requests
them. However, if the IRS has notified the payee that backup
withholding applies, then you must instruct the payee to strike
out the language in the certification that relates to
An individual who is a U.S. citizen or U.S. resident alien;
A partnership, corporation, company, or association created
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or organized in the United States or under the laws of the United
States;
underreporting. This instruction can be given orally or in writing.
See item 2 of the Certification on Form W-9. You can replace
“defined below” with “defined in the instructions” in item 3 of the
Certification on Form W-9 when the instructions will not be
provided to the payee except upon request. For more
Any estate (other than a foreign estate); or
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A domestic trust (as defined in Regulations section
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301.7701-7).
information, see Rev. Proc. 83-89,1983-2 C.B. 613, amplified by
Rev. Proc. 96-26, which is on page 22 of Internal Revenue
Submission of a signed Form W-9 or other certification of
non-foreign status may be required from a U.S. person to avoid
withholding applicable to foreign persons when:
A withholding agent makes a reportable payment of an
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TIN Applied For
amount subject to withholding under sections 1441–1443 or a
withholdable payment under sections 1471–1474.
For interest and dividend payments and certain payments with
respect to readily tradable instruments, the payee may return a
properly completed, signed Form W-9 to you with “Applied For”
written in Part I. This is an “awaiting-TIN” certificate. The payee
has 60 calendar days, from the date you receive this certificate,
to provide a TIN. If you do not receive the payee's TIN at that
time, you must begin backup withholding on payments.
A transferor disposes of a U.S. real property interest and the
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amount realized is subject to withholding under section 1445(a).
A U.S. real property holding corporation, certain real estate
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investment trusts (REITs), regulated investment companies
(RICs), or certain partnerships makes a distribution subject to
withholding under section 1445(e).
A partnership is required to withhold under section 1446(a) on
Reserve rule. You must backup withhold on any reportable
payments made during the 60-day period if a payee withdraws
more than $500 at one time, unless the payee reserves an
amount equal to the current year's backup withholding rate on all
reportable payments made to the account.
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a partner's allocable share of the partnership's effectively
connected taxable income.
A transferor transfers an interest in a partnership engaged in a
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trade or business within the United States and the amount
realized is subject to withholding under section 1446(f)(1).
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Instr. for Req. of Form W-9 (Rev. 3-2024)
Generally, if a Form W-9 or other certification of non-foreign
status has not been received, the rules under chapters 3 and 4
require the withholding agent, transferee, or partnership (payor)
to presume that the recipient, owner, transferor, or partner
(payee) is subject to withholding and payment of the applicable
withholding tax.
requester is anyone required to file an information return. A
payee is anyone required to provide a taxpayer identification
number (TIN) to the requester. A payee is the holder of the
account except if there is a QI, or a foreign person acting as
agent or intermediary for a payment.
Electronic system. Generally, the electronic system must:
Ensure the information received is the information sent, and
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See Pub. 515 for more information.
document all occasions of user access that result in the
submission;
A participating foreign financial institution (PFFI) should
request Form W-9 from an account holder that is a U.S. person.
If an account is jointly held, the PFFI should request a Form W-9
from each holder that is a U.S. person. A recalcitrant account
holder is an account holder that is not an FFI and that fails to
comply with documentation or information requests from an FFI
in which it holds an account. In the case of such clients, PFFIs
must withhold 30% on all U.S. withholdable payments as defined
by the IRS FATCA regulations.
Make reasonably certain that the person accessing the
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system and submitting the form is the person identified on Form
W-9, the investment advisor, or the introducing broker;
Provide the same information as the paper Form W-9;
Be able to supply a hard copy of the electronic Form W-9 if
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•
the IRS requests it; and
Require as the final entry in the submission an electronic
•
signature by the payee whose name is on Form W-9 that
authenticates and verifies the submission. The electronic
signature must be under penalties of perjury, and the perjury
statement must contain the language of the paper Form W-9.
A partnership that receives a signed Form W-9 that has
box 3b checked from any of its partners, indicating that the
partner has (direct or indirect) foreign partners, owners, or
beneficiaries, may be required to complete Schedules K-2 and
K-3 (Form 1065).
For Forms W-9 that are not required to be signed, the
electronic system need not provide for an electronic
signature or a perjury statement.
TIP
Advise foreign persons to use the appropriate Form W-8 or
Form 8233, Exemption From Withholding on Compensation for
Independent (and Certain Dependent) Personal Services of a
Nonresident Alien Individual. See Pub. 515 for a list of the W-8
forms.
For more details, see:
Announcement 98-27, which is on page 30 of Internal
•
Revenue Bulletin 1998-15, available at IRS.gov/pub/irs-irbs/
Announcement 2001-91, which is on page 221 of Internal
•
Establishing U.S. Status for Purposes
of Chapter 3 and Chapter 4
Responsibility of a Withholding Agent/Qualified
Intermediary (QI)/Nominee
Withholding
Under chapters 3 and 4 of the Internal Revenue Code:
Payee's agent. A payee's agent can be an investment advisor
(corporation, partnership, or individual) or an introducing broker.
An investment advisor must be registered with the Securities and
Exchange Commission (SEC) under the Investment Advisers Act
of 1940. The introducing broker is a broker-dealer that is
regulated by the SEC and the Financial Industry Regulatory
Authority (FINRA), and that is not a payor. Except for a broker
who acts as a payee's agent for “readily tradable instruments,”
the advisor or broker must show in writing to the payor that the
payee authorized the advisor or broker to transmit the Form W-9
to the payor.
A withholding agent that makes a payment of an amount
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subject to withholding or a withholdable payment to a foreign
person generally must withhold and pay a withholding tax under
sections 1441–1443 or 1471–1474.
A transferee of a U.S. real property interest from a foreign
•
transferor generally must withhold and pay a withholding tax
under section 1445(a).
A U.S. real property holding corporation, certain REITs or
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RICs, and certain partnerships must withhold and pay a
withholding tax under section 1445(e) on certain distributions to
a foreign person.
A withholding agent may be an individual, corporation,
partnership, trust, association, or any other entity, including (but
not limited to) any foreign intermediary, foreign partnership, or
U.S. branch of certain foreign banks and insurance companies. If
several persons qualify as withholding agents for a single
payment, the tax must only be withheld once.
A partnership that conducts a trade or business in the United
•
States generally must withhold and pay a withholding tax under
section 1446(a) on any foreign partner's allocable share of
effectively connected taxable income from such business.
A transferee of an interest in a partnership engaged in a trade
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or business within the United States from a foreign transferor
generally must withhold and pay a withholding tax under section
1446(f)(1).
A withholding agent is any person, U.S. or foreign, in
whatever capacity acting, that has the control, receipt, custody,
disposal, or payment of a withholdable payment or foreign
pass-through payment. Generally, a withholding agent can
reliably associate a withholdable payment with valid
In the cases below, the following person must be the one that
provides the Form W-9 to the payor for purposes of establishing
its non-foreign status.
documentation if, before the payment, it has obtained (either
directly from the payee or through its agent) valid documentation
appropriate to the payee's chapter 4 status, it can reliably
determine how much of the payment relates to the valid
documentation, and it does not know (or have reason to know)
that any of the information, certifications, or statements in, or
associated with, the documentation are unreliable or incorrect.
In the case of a disregarded entity with a U.S. owner, the U.S.
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owner of the disregarded entity and not the disregarded entity.
In the case of a grantor trust with a U.S. grantor or other U.S.
•
owner, generally, the U.S. grantor or other U.S. owner of the
grantor trust and not the grantor trust.
In the case of a U.S. trust (other than a grantor trust), the U.S.
•
trust and not the beneficiaries of the trust.
See Pub. 515 for more information.
A withholding agent that is making a withholdable payment to
a nonqualified intermediary, for which a withholding statement is
required under chapters 3 or 4, may accept a withholding
statement that meets the requirements described in Regulations
section 1.1471-3(c)(3). A nonqualified intermediary (NQI) is an
Electronic Submission of Forms W-9
Requesters may establish a system for payees and payees'
agents to submit Forms W-9 electronically, including by fax. A
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Instr. for Req. of Form W-9 (Rev. 3-2024)
intermediary that has not entered into any agreement with the
IRS, and NQIs generally do not have any obligations other than
passing up information regarding the persons for whom they
receive payments so that upstream withholding agents can
withhold and report as required.
6. A dealer in securities or commodities required to register
in the United States, the District of Columbia, or a U.S.
commonwealth or territory;
7. A futures commission merchant registered with the
Commodity Futures Trading Commission;
8. A real estate investment trust;
A certificate or other documentation becomes invalid on the
date that the withholding agent knows (or has reason to know)
that circumstances affecting the correctness of the certificate or
documentation have changed. See Pub. 515 for examples. For
due diligence requirements applicable to withholding agents
under chapter 4, see Regulations section 1.1471-3.
9. An entity registered at all times during the tax year under
the Investment Company Act of 1940;
10. A common trust fund operated by a bank under
section 584(a);
11. A financial institution as defined under section 581;
The Qualified Intermediary (QI) system is designed to simplify
withholding and reporting obligations under Regulations section
1.1441-1(e)(5) and allows an FFI, or foreign branches of a U.S.
financial institution, to receive favorable documentation,
reporting, and withholding tax treatment. A QI must provide a
withholding agent with the Forms W-9 or disclose the names,
addresses, and taxpayer identifying numbers, if known, of those
U.S. non-exempt recipients for whom the QI receives reportable
amounts to the extent required in the QI's agreement with the
IRS. See Regulations section 1.1441-1(e)(5). For additional
withholding and reporting provisions applicable to QIs under
chapters 3 and 4, see Rev. Proc. 2022-43, available at
12. A middleman known in the investment community as a
nominee or custodian; or
13. A trust exempt from tax under section 664 or described in
section 4947.
The following types of payments are exempt from backup
withholding as indicated for payees listed in 1 through 13 above.
Interest and dividend payments. All listed payees are exempt
except the payee in item 7.
Broker transactions. All payees listed in items 1 through 4 and
6 through 11 are exempt. Also, C corporations are exempt. A
person registered under the Investment Advisers Act of 1940
who regularly acts as a broker is also exempt.
For information for QIs, nominees, and brokers carrying out
transfers of an interest in a PTP, see Regulations section
1.1446(f)-4. See also Notice 2023-8, available at IRS.gov/irb/
Barter exchange transactions and patronage dividends.
Only payees listed in items 1 through 4 are exempt.
Payments reportable under sections 6041 and 6041A.
Payees listed in items 1 through 5 generally are exempt.
Section 1445. For a disposition of a U.S. real property interest,
the transferee generally is required to withhold 15% of the
amount realized. See Pub. 515. For definitions of a U.S. real
property interest and a U.S. real property holding company, see
section 897.
However, the following payments made to a corporation and
reportable on Form 1099-MISC, Miscellaneous Information, are
not exempt from backup withholding.
Medical and health care payments.
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Attorneys' fees (also gross proceeds paid to an attorney,
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Payees Exempt From Backup
Withholding
reportable under section 6045(f)).
Payments for services paid by a federal executive agency.
•
(See Rev. Rul. 2003-66, which is on page 1115 of Internal
Revenue Bulletin 2003-26, available at IRS.gov/pub/irs-irbs/
Certain payees are exempt from backup withholding with respect
to the payments below, and should enter the corresponding
exempt payee code on Form W-9. You may rely on the payee’s
claim of exemption unless you have actual knowledge that the
exempt payee code and/or classification selected are not valid,
or if they are inconsistent with each other. In that case, you may
rely on the Form W-9 for purposes of obtaining the payee’s TIN,
but you must treat the payee as non-exempt. If the payee failed
to enter an exempt payee code, but the classification selected
indicates that the payee is exempt, you may accept the
Payments made in settlement of payment card or third par-
ty network transactions. Only payees listed in items 1 through
4 are exempt.
Payments Exempt From Backup
Withholding
Payments that are not subject to information reporting also are
not subject to backup withholding. For details, see sections
6041, 6041A, 6042, 6044, 6049, and 6050N and their
regulations. The following payments generally are exempt from
backup withholding.
classification and treat the payee as exempt unless you have
actual knowledge that the classification is not valid.
If the payee is not exempt, you are required to backup
withhold on reportable payments if the payee does not provide a
TIN in the manner required or does not sign the certification, if
required. Exempt payees include:
1. An organization exempt from tax under
section 501(a), any IRA, or a custodial account under section
403(b)(7) if the account satisfies the requirements of section
401(f)(2);
Dividends and patronage dividends.
Payments to nonresident aliens subject to withholding under
•
section 1441.
Payments to partnerships not engaged in a trade or business
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in the United States and that have at least one nonresident alien
partner.
Payments of patronage dividends not paid in money.
Payments made by certain foreign organizations.
Section 404(k) distributions made by an employee stock
•
•
•
2. The United States or any of its agencies or
instrumentalities;
3. A state, the District of Columbia, a U.S. commonwealth or
territory, or any of their political subdivisions, agencies, or
instrumentalities;
ownership plan (ESOP).
Interest payments.
Payments of interest on obligations issued by individuals.
•
4. A foreign government or any of its political subdivisions,
However, if you pay $600 or more of interest in the course of your
trade or business to a payee, you must report the payment.
agencies, or instrumentalities;
5. A corporation;
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Instr. for Req. of Form W-9 (Rev. 3-2024)
Backup withholding applies to the reportable payment if the
payee has not provided a TIN or has provided an incorrect TIN.
D. A corporation the stock of which is regularly traded on one
or more established securities markets, as described in
Regulations section 1.1472-1(c)(1)(i);
Payments described in section 6049(b)(5) to nonresident
•
aliens.
E. A corporation that is a member of the same expanded
affiliated group as a corporation described in Regulations
section 1.1472-1(c)(1)(i);
Payments on tax-free covenant bonds under
•
section 1451.
Payments made by certain foreign organizations.
Mortgage or student loan interest paid to you.
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•
F. A dealer in securities, commodities, or derivative financial
instruments (including notional principal contracts, futures,
forwards, and options) that is registered as such under the laws
of the United States or any state;
Other types of payment.
Wages.
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Distributions from a pension, annuity, profit-sharing or stock
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bonus plan, any IRA, an owner-employee plan, or other deferred
compensation plan.
G. A real estate investment trust;
Distributions from a medical or health savings account and
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H. A regulated investment company as defined in section
851 or an entity registered at all times during the tax year under
the Investment Company Act of 1940;
long-term care benefits.
Certain surrenders of life insurance contracts.
Distribution from qualified tuition programs or
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•
I. A common trust fund as defined in section 584(a);
J. A bank as defined in section 581;
K. A broker;
Coverdell Education Savings Accounts (ESAs).
Gambling winnings if regular gambling winnings withholding is
•
required under section 3402(q). However, if regular gambling
winnings withholding is not required under section 3402(q),
backup withholding applies if the payee fails to furnish a TIN.
L. A trust exempt from tax under section 664 or described in
section 4947; or
Real estate transactions reportable under
•
section 6045(e).
Cancelled debts reportable under section 6050P.
Fish purchases for cash reportable under
•
•
M. A tax-exempt trust under a section 403(b) plan or section
457(g) plan.
section 6050R.
Joint Foreign Payees
Payees and Account Holders Exempt
From FATCA Reporting
Under chapter 4, if the first payee listed on an account gives you
a form within the W-8 series, or a similar statement signed under
penalties of perjury, backup withholding applies unless:
Reporting under chapter 4 (FATCA) with respect to U.S. persons
generally applies only to non-financial foreign entities (NFFEs),
and foreign financial institutions (FFIs) (including a branch of a
U.S. financial institution that is treated as an FFI under an
applicable intergovernmental agreement (IGA)). For information
FATCA. See also Pub. 5118, FATCA Online Registration User
Guide, for more information.
1. Every joint payee provides the statement regarding
foreign status, or
2. Any one of the joint payees who has not established
foreign status gives you a TIN.
If any one of the joint payees who hasn’t established foreign
status gives you a TIN, use that number for purposes of backup
withholding and information reporting.
Thus, for example, a U.S. financial institution maintaining an
Generally, if a withholding agent makes a payment to joint
payees and cannot reliably associate the payment with valid
documentation from each payee, but all of the joint payees
appear to be individuals, then the payment is presumed made to
an unidentified U.S. person, and backup withholding applies.
However, if one of the joint payees provides a Form W-9 in
accordance with the procedures described in Regulations
section 31.3406(d)-1 through 31.3406(d)-5, the payment is
treated as made to that payee, and no withholding is required.
See Regulations sections 1.1441-1(b)(9), and 1.1471-3(f)(7).
account in the United States does not need to collect an
exemption code for FATCA reporting. If you are providing a Form
W-9, you may pre-populate the FATCA exemption code with "Not
Applicable," "N/A," or a similar indication that an exemption from
FATCA reporting does not apply. Any payee that provides such a
form, however, cannot be treated as exempt from FATCA
reporting. See Regulations section 1.1471-3(d)(2) for when an
FFI may rely on documentary evidence to treat a U.S. person as
other than a specified U.S. person, and see Regulations section
1.1471-3(f)(3) for when an FFI may apply a presumption rule and
treat a U.S. person as other than a specified U.S. person.
For more information on foreign payees, see the Instructions
for the Requester of Forms W-8BEN, W-8BEN-E, W-8ECI,
W-8EXP, and W-8IMY.
If you receive a Form W-9 with a FATCA exemption code and
you know or have reason to know the person is a specified U.S.
person, you may not rely on the Form W-9 to treat the person as
exempt from FATCA reporting. However, you may still rely on an
otherwise completed Form W-9 to treat a person as a specified
U.S. person. An exemption from FATCA reporting (or lack
thereof) does not affect backup withholding as described earlier
in these instructions. The following are not specified U.S.
persons under chapter 4 and are thus exempt from FATCA
reporting.
Names and TINs To Use
for Information Reporting
Show the full name and address as provided on Form W-9 on
the information return filed with the IRS and on the copy
furnished to the payee. If the payee has marked their address
“NEW,” you should update your records. If you made payments
to more than one payee or the account is in more than one
name, enter on the first name line of the information return only
the name of the payee whose TIN is shown on Form W-9. You
may show the names of any other individual payees in the area
below the first name line on the information return. Forms W-9
showing an ITIN must have the name exactly as shown on
line 1a of the Form W-7 application. If you are a PFFI reporting a
U.S. account on Form 8966, FATCA Report, and the account is
A. An organization exempt from tax under section 501(a), or
any individual retirement plan as defined in section 7701(a)(37);
B. The United States or any of its agencies or
instrumentalities;
C. A state, the District of Columbia, a U.S. commonwealth or
territory, or any of their political subdivisions, agencies, or
instrumentalities;
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jointly held by U.S. persons, file a separate Form 8966 for each
holder.
on page 516 of Internal Revenue Bulletin 2003-8, available at
IRS.gov/pub/irs-irbs/irb03-08.pdf. Any information received
through the TIN matching program must be kept confidential in
accordance with Regulations section 31.3406(f)-1.
For more information on the names and TINs to use for
information reporting, see section J of the General
TIP
Instructions for Certain Information Returns, available at
Payment and Returns of Tax Withheld
Form 945. If you withhold or are required to withhold federal
income tax (including backup withholding) from nonpayroll
payments, you must file Form 945, Annual Return of Withheld
Federal Income Tax. Report all federal income tax withholding
from nonpayroll payments or distributions annually on one Form
945. Form 945 is used to report income tax withholding on
nonpayroll payments including backup withholding and
withholding on pensions, annuities, IRAs, military retirement, and
gambling winnings. A payor must remit to the IRS all monies
withheld from reportable payments based on a certain deposit
schedule. Form 945-A, Annual Record of Federal Tax Liability, is
used to report tax liability by payors who deposit nonpayroll
income tax withheld on a semiweekly schedule, or whose tax
liability on any day is $100,000 or more. See T.D. 8672 for details
of reporting nonpayroll withheld income taxes under section
6011. See the Instructions for Form 945.
Notices From the IRS
The IRS will send you a notice if the payee's name and TIN on
the information return you filed don’t match the IRS's records.
receive a backup withholding notice, you may have to send a “B”
notice to the payee to solicit another TIN. Pub. 1281, Backup
Withholding for Missing and Incorrect Name/TIN(s), contains
copies of the two types of “B” notices. If you receive a penalty
notice, you may also have to send a solicitation to the payee.
See Pub. 1586, Reasonable Cause Regulations & Requirements
for Missing and Incorrect Name/TINs on Information Returns.
Taxpayer Identification Number (TIN)
Matching
TIN matching allows a payor or authorized agent who is required
to file information returns to match TIN and name combinations
with IRS records before submitting the forms to the IRS. TIN
matching is one of the e-services products that is offered and is
accessible through the IRS website. Go to the eServices
Form 1042. Don't report on Form 945 withholding that is
required to be reported electronically on Form 1042, Annual
Withholding Tax Return for U.S. Source Income of Foreign
Persons. Use Form 1042 to report tax withheld under chapter 3
on certain income of foreign persons, including nonresident
aliens, foreign partnerships, foreign corporations, foreign
estates, and foreign trusts. Also use Form 1042 to report tax
withheld under chapter 4 on withholdable payments. See the
Instructions for Form 1042 for details.
Pub. 2108A, On-Line Taxpayer Identification Number (TIN)
Matching Program, for guidance. It is anticipated that payors who
validate the TIN and name combinations before filing information
returns will receive fewer backup withholding (CP2100) notices
and penalty notices. Program participants will generally be able
to rely on a verified TIN/name match as reasonable cause under
section 6724(a), which will provide significant incentive for
payors to check and correct payee TINs before filing information
returns and payee statements. See Rev. Proc. 2003-9, which is
Additional Information
For more information on backup withholding, see Pubs. 1281
and 515.
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Instr. for Req. of Form W-9 (Rev. 3-2024)