Formularz W- 8BEN- E Instrukcje
Instrukcje dotyczące formularza W- 8BEN- E, Certyfikat podmiotów Status właściciela pomocniczego w USA (podmioty)
Przewodniczący
Powiązane formularze
- Formularz W- 8 BEN- E - Certyfikat podmiotów Status beneficjenta w odniesieniu do wycofywania i sprawozdawczości podatkowej Stanów Zjednoczonych (Podmioty)
Department of the Treasury
Internal Revenue Service
Instructions for
Form W-8BEN-E
(Rev. October 2021)
Certificate of Status of Beneficial Owner for
United States Tax Withholding and Reporting (Entities)
Section references are to the Internal Revenue Code
unless otherwise noted.
obtain an FTIN from their jurisdiction of residence. See the
Section 6050Y reporting. These instructions have been
updated to reference the use of this form by an entity
(other than a partnership, simple trust, or grantor trust)
that is a foreign seller of a life insurance contract or that is
a foreign person and a recipient of a reportable death
benefit for purposes of reporting under section 6050Y.
Line 14, claim of tax treaty benefits. The instructions
for this line have been updated to include a representation
required by entities that are resident in a foreign country
that has entered into an income tax treaty with the United
States that does not contain a limitation on benefits (LOB)
article.
Line 15, special rates and conditions. The instructions
for this line have been updated to include representations
required by entities claiming treaty benefits on business
profits or gains not attributable to a permanent
establishment, including for a foreign partner that derives
gain subject to tax under section 864(c)(8) upon the
transfer of an interest in a partnership and that would be
subjected to withholding under section 1446(f) on the
transfer.
Electronic signature. These instructions have been
updated to include additional guidance included in the
final regulations issued under chapter 3 (T.D. 9890)
concerning the use of electronic signatures on withholding
Regulations section 1.1441-1(e)(4)(i)(B).
Future Developments
For the latest information about developments related to
Form W-8BEN-E and its instructions, such as legislation
enacted after they were published, go to IRS.gov/
What's New
Guidance under section 1446(f). The Tax Cuts and
Jobs Act (TCJA), added section 1446(f), which generally
requires that if the gain on any disposition of an interest in
a partnership would be treated under section 864(c)(8) as
effectively connected gain, the transferee purchasing an
interest in such a partnership from a non-U.S. transferor
must withhold a tax equal to 10% of the amount realized
on the disposition unless an exception to withholding
applies. T.D. 9926, published on November 30, 2020 (84
FR 76910), contains final regulations (“the section 1446(f)
regulations”) relating to the withholding and reporting
required under section 1446(f), including for transfers of
interests in publicly traded partnerships (“PTPs”).
Withholding on transfers of interests in PTPs and the
revisions included in the section 1446(f) regulations
relating to withholding on PTP distributions under section
1446(a) apply to transfers and distributions that occur on
I.R.B. 361, for more information. The provisions in the
section 1446(f) regulations relating to withholding and
reporting on transfers of interests in partnerships that are
not PTPs generally apply to transfers occurring after
January 29, 2021. These instructions have been updated
to incorporate the use of this form by certain entities that
are transferors of an interest in a partnership subject to
withholding on the amount realized from the transfer. See
Pub. 515 for an additional discussion of section 1446(f)
withholding, including the effective dates of each
provision.
Reminder
Note. If you are a resident in a FATCA partner jurisdiction
(that is, a Model 1 IGA jurisdiction with reciprocity), certain
tax account information may be provided to your
jurisdiction of residence.
General Instructions
For definitions of terms used throughout these
Line 4. Line 4, “Type of entity,” has been updated. The
general classification for foreign government has been
removed and replaced with the two possible
Purpose of Form
classifications for a foreign government: (i) an integral part
of a foreign government; or (ii) an entity that is controlled
by a foreign government. See Temporary Regulations
This form is used by foreign entities to document their
statuses for purposes of chapter 3 and chapter 4, as well
as for certain other Code provisions as described later in
these instructions.
New Line 9c. New line 9c, “FTIN not legally required,”
has been added for account holders otherwise required to
provide a foreign tax identification number (FTIN) on
line 9b, to indicate that they are not legally required to
Foreign persons are subject to U.S. tax at a 30% rate
on income they receive from U.S. sources that consists of:
Interest (including certain original issue discount (OID));
•
Sep 27, 2021
Cat. No. 59691Z
Dividends;
not apply to payments of interest for which the recipient is
a 10 percent shareholder of the payer or to payments of
interest received by a controlled foreign corporation from
a related person. See sections 881(c)(3) and 881(c)(5). A
future version of this form may require that persons
receiving interest payments to which this form relates
identify any obligation with respect to which they have one
of these prohibited relationships.
•
•
•
•
•
•
Rents;
Royalties;
Premiums;
Annuities;
Compensation for, or in expectation of, services
performed;
Substitute payments in a securities lending transaction;
•
or
•
You may also be required to submit Form W-8BEN-E to
claim an exception from domestic information reporting on
Form 1099 and backup withholding (at the backup
withholding rate under section 3406) for certain types of
income. Such income includes:
Other fixed or determinable annual or periodical gains,
profits, or income.
This tax is imposed on the gross amount paid and is
generally collected by withholding under section 1441 or
1442 on that amount. A payment is considered to have
been made whether it is made directly to the beneficial
owner or to another person, such as an intermediary,
agent, or partnership, for the benefit of the beneficial
owner.
Broker proceeds.
•
Short-term (183 days or less) original issue discount
•
(short-term OID).
Bank deposit interest.
•
Foreign source interest, dividends, rents, or royalties.
•
Section 1446(a) requires a partnership conducting a
trade or business in the United States to withhold tax on a
foreign partner’s allocable share of the partnership’s
effectively connected taxable income. In addition, section
1446(f) generally requires a transferee of a partnership
interest (or a broker in the case of a transfer of a PTP
interest) to withhold on the amount realized from the
transfer when any portion of the gain from the transfer is
treated as effectively connected gain under section 864(c)
(8). Generally, a foreign person that is a partner in a
partnership that submits a Form W-8BEN-E for purposes
of section 1441 or 1442 will satisfy the documentation
requirements under section 1446(a) or (f) as well.
However, in some cases the documentation requirements
of sections 1441 and 1442 do not match the
Provide Form W-8BEN-E to the withholding agent or
payer before income is paid or credited to you. Failure to
provide a Form W-8BEN-E when requested may lead to
withholding at a 30% rate or the backup withholding rate
in certain cases when you receive a payment to which
backup withholding applies.
In addition to the requirements of chapter 3, chapter 4
requires withholding agents to identify the chapter 4 status
of entities that are payees receiving withholdable
payments. A withholding agent may request this Form
W-8BEN-E to establish your chapter 4 status and avoid
withholding at a 30% rate on such payments.
Chapter 4 also requires participating FFIs and certain
registered deemed-compliant FFIs to document their
entity account holders in order to determine their
chapter 4 statuses regardless of whether withholding
applies to any payments made to the entities. If you are an
entity maintaining an account with an FFI, the FFI may
request that you provide this Form W-8BEN-E in order to
document your chapter 4 status.
Additional information. For additional information and
instructions for the withholding agent, see the Instructions
for the Requester of Forms W-8BEN, W-8BEN-E,
W-8ECI, W-8EXP, and W-8IMY.
documentation requirements of section 1446(a) or (f). See
Regulations sections 1.1446-1 through 1.1446-6 (for
documentation requirements under section 1446(a)) and
Regulations sections 1.1446(f)-2 and 1.1446(f)-4 (for
documentation requirements under section 1446(f)).
A withholding agent or payer of the income may rely on
a properly completed Form W-8BEN-E to treat a payment
associated with the Form W-8BEN-E as a payment to a
foreign person who beneficially owns the amounts paid. If
applicable, the withholding agent may rely on the Form
W-8BEN-E to apply a reduced rate of, or exemption from,
withholding. If you receive certain types of income, you
must provide Form W-8BEN-E to:
Who Must Provide Form W-8BEN-E
You must give Form W-8BEN-E to the withholding agent
or payer if you are a foreign entity receiving a withholdable
payment from a withholding agent, receiving a payment
subject to chapter 3 withholding, or if you are an entity
maintaining an account with an FFI requesting this form.
Claim that you are the beneficial owner of the income
•
for which Form W-8BEN-E is being provided or a partner
in a partnership subject to section 1446; and
If applicable, claim a reduced rate of, or exemption
•
from, withholding as a resident of a foreign country with
which the United States has an income tax treaty.
You must provide Form W-8EN-E to the 6050Y(b)
•
issuer (as defined under Regulations section
1.6050Y-1(a)(8)(iii)), to establish your foreign status if you
are a foreign entity (other than a partnership, simple trust
or grantor trust) that is the seller of a life insurance
contract under section 6050Y(b) (excluding a payment of
effectively connected income). See Regulations section
1.6050Y-3.
You may also use Form W-8BEN-E to identify income
from a notional principal contract that is not effectively
connected with the conduct of a trade or business in the
United States to establish the exception to reporting such
income on Form 1042-S. See Regulations section
1.1461-1(c)(2)(ii)(F).
You must also provide Form W-8BEN-E to the payor
•
Form W-8BEN-E may also be used to claim an
exemption from withholding for portfolio interest pursuant
to section 881(c). The portfolio interest exemption does
(as defined under Regulations section 1.6050Y-1(a)(11)),
to establish your foreign status if you are an entity
receiving a payment of reportable death benefits for
-2-
Instructions for Form W-8BEN-E (Rev. 10-2021)
purposes of section 6050Y(b) (other than a foreign
partnership or a grantor or simple trust receiving a
payment of reportable death benefits or a payment of
effectively connected income that is subject to chapter 3
withholding). See Regulations section 1.6050Y-4.
government of a U.S. possession claiming the
applicability of section 115(2), 501(c), 892, 895, or
1443(b). Instead, provide Form W-8EXP, Certificate of
Foreign Government or Other Foreign Organization for
United States Tax Withholding and Reporting, to certify to
your exemption and identify your chapter 4 status.
However, you should provide Form W-8BEN-E if you are
claiming treaty benefits, and you may provide this form if
you are only claiming you are a foreign person exempt
from backup withholding or documenting your chapter 4
status. For example, a foreign tax-exempt organization
under section 501(c) receiving royalty income that is not
exempt because it is taxable as unrelated business
income but that is eligible for a reduced rate of withholding
under a royalty article of a tax treaty should provide Form
W-8BEN-E. You should use Form W-8ECI if you are
receiving effectively connected income (for example,
income from commercial activities that is not exempt
under an applicable section of the Code).
Do not use Form W-8BEN-E. Do not use Form
W-8BEN-E if:
You are a U.S. person (including U.S. citizens, resident
•
aliens, and entities treated as U.S. persons, such as a
corporation organized under the law of a state). Instead,
use Form W-9, Request for Taxpayer Identification
Number and Certification.
You are a foreign insurance company that has made an
•
election under section 953(d) to be treated as a U.S.
person. Instead, provide a withholding agent with Form
W-9 to certify to your U.S. status even if you are
considered an FFI for purposes of chapter 4.
You are a nonresident alien individual. Instead, use
•
Form W-8BEN, Certificate of Foreign Status of Beneficial
Owner for United States Tax Withholding and Reporting
(Individuals), or Form 8233, Exemption From Withholding
on Compensation for Independent (and Certain
Dependent) Personal Services of a Nonresident Alien
Individual, as applicable.
You are a foreign reverse hybrid entity transmitting
•
documentation provided by your interest holders to claim
treaty benefits on their behalf. Instead, provide Form
W-8IMY. A foreign reverse hybrid entity also may not use
this form to attempt to claim treaty benefits on its own
You are a disregarded entity, branch, or flow-through
•
You are a withholding foreign partnership or a
•
entity for U.S. tax purposes. However, you may use this
form if you are a disregarded entity or flow-through entity
using this form either solely to document your chapter 4
status (because you hold an account with an FFI) or, if you
are a disregarded entity or a partnership, to claim treaty
benefits because you are a hybrid entity liable to tax as a
resident for treaty purposes. See Hybrid Entity Making a
A flow-through entity may also use this form for purposes
of documenting itself as a participating payee for
withholding foreign trust within the meaning of sections
1441 through 1443 and the accompanying regulations.
Instead, provide Form W-8IMY.
You are a foreign partnership or foreign grantor trust
•
providing documentation for purposes of section 1446(a).
Instead, provide Form W-8IMY and accompanying
documentation.
You are a foreign partnership or foreign grantor trust
•
that is the transferor of a partnership interest for purposes
of section 1446(f). Instead, provide Form W-8IMY.
purposes of section 6050W. If you are a disregarded
entity with a single owner or branch of an FFI, the single
owner, if such owner is a foreign person, should provide
Form W-8BEN or Form W-8BEN-E (as appropriate). If the
single owner is a U.S. person, a Form W-9 should be
provided. If you are a partnership, you should provide a
Form W-8IMY, Certificate of Foreign Intermediary,
Foreign Flow-Through Entity, or Certain U.S. Branches for
United States Tax Withholding and Reporting.
You are a foreign branch of a U.S. financial institution
•
that is an FFI (other than a qualified intermediary branch)
under an applicable Model 1 IGA. For purposes of
identifying yourself to withholding agents, you may submit
Form W-9 to certify to your U.S. status.
Giving Form W-8BEN-E to the withholding agent. Do
not send Form W-8BEN-E to the IRS. Instead, give it to
the person who is requesting it from you. Generally, this
will be the person from whom you receive the payment,
who credits your account, or a partnership that allocates
income to you. An FFI may also request this form from you
to document the status of your account.
When to provide Form W-8BEN-E to the withholding
agent. Give Form W-8BEN-E to the person requesting it
before the payment is made to you, credited to your
account, or allocated. If you do not provide this form, the
withholding agent may have to withhold at the 30% rate
(as applicable under chapters 3 or 4), backup withholding
rate, or the rate applicable under section 1446. If you
receive more than one type of income from a single
withholding agent for which you claim different benefits,
the withholding agent may, at its option, require you to
submit a Form W-8BEN-E for each type of income.
Generally, a separate Form W-8BEN-E must be given to
each withholding agent.
You are acting as an intermediary (that is, acting not for
•
your own account, but for the account of others as an
agent, nominee, or custodian), a qualified intermediary
(including a qualified intermediary acting as a qualified
derivatives dealer), or a qualified securities lender (QSL).
Instead, provide Form W-8IMY.
You are receiving income that is effectively connected
•
with the conduct of a trade or business in the United
States, unless it is allocable to you through a partnership.
Instead, provide Form W-8ECI, Certificate of Foreign
Person’s Claim That Income Is Effectively Connected
With the Conduct of a Trade or Business in the United
States. If any of the income for which you have provided a
Form W-8BEN-E becomes effectively connected, this is a
change in circumstances and the Form W-8BEN-E is no
longer valid.
You are filing for a foreign government, international
•
organization, foreign central bank of issue, foreign
tax-exempt organization, foreign private foundation, or
Instructions for Form W-8BEN-E (Rev. 10-2021)
-3-
Note. If you own the income with one or more other
persons, the income will be treated by the withholding
agent as owned by a foreign person that is a beneficial
owner of a payment only if Form W-8BEN or W-8BEN-E
(or other applicable document) is provided by each of the
owners. An account will be treated as a U.S. account for
chapter 4 purposes by an FFI requesting this form if any of
the account holders is a specified U.S. person or a
U.S.-owned foreign entity (unless the account is otherwise
excepted from U.S. account status for chapter 4
purposes).
through 1.1001-5) and section 752 (including Regulations
sections 1.752-1 through 1.752-7). See Regulations
section 1.1446(f)-2(c)(2). An amount realized on the
transfer of a PTP interest is the amount of gross proceeds
(as defined in Regulations section 1.6045-1(d)(5)) paid or
credited to a partner or broker (as applicable) that is a
transferor of the interest. The amount realized on a PTP
distribution is the amount of the distribution reduced by
the portion of the distribution that is attributable to the
cumulative net income of the partnership (as determined
under Regulations section 1.1446(f)-4(c)(2)(iii)).
Change in circumstances. If a change in
Amounts subject to chapter 3 withholding. Generally,
an amount subject to chapter 3 withholding is an amount
from sources within the United States that is fixed or
determinable annual or periodical (FDAP) income
(including such an amount on a PTP distribution unless
indicated otherwise). FDAP income is all income included
in gross income, including interest (as well as OID),
dividends, rents, royalties, and compensation. Amounts
subject to chapter 3 withholding do not include amounts
that are not FDAP, such as most gains from the sale of
property (including market discount and option
circumstances makes any information on the Form
W-8BEN-E you have submitted incorrect for purposes of
either chapter 3 or chapter 4, you must notify the
withholding agent or financial institution maintaining your
account within 30 days of the change in circumstances by
providing the documentation required in Regulations
section 1.1471-3(c)(6)(ii)(E)(2). See Regulations sections
1.1441-1(e)(4)(ii)(D) for the definition of change in
circumstances for purposes of chapter 3, and 1.1471-3(c)
(6)(ii)(E) for purposes of chapter 4.
premiums), as well as other specific items of income
described in Regulations section 1.1441-2 (such as
interest on bank deposits and short-term OID).
With respect to an FFI claiming a chapter 4 status
under an applicable IGA, a change in
!
CAUTION
circumstances includes when the jurisdiction
For purposes of section 1446(a), the amount subject to
withholding is the foreign partner’s share of the
partnership’s effectively connected taxable income. For
purposes of section 1446(f), the amount subject to
withholding is the amount realized on the transfer of a
partnership interest.
where the FFI is organized or resident (or the jurisdiction
identified in Part II of the form) was included on the list of
jurisdictions treated as having an intergovernmental
agreement in effect and is removed from that list or when
the FATCA status of the jurisdiction changes (for
example, from Model 2 to Model 1). The list of
agreements is maintained at www.treasury.gov/resource-
Beneficial owner. For payments other than those for
which a reduced rate of, or exemption from, withholding is
claimed under an income tax treaty, the beneficial owner
of income is generally the person who is required under
U.S. tax principles to include the payment in gross income
on a tax return. A person is not a beneficial owner of
income, however, to the extent that person is receiving the
income as a nominee, agent, or custodian, or to the extent
the person is a conduit whose participation in a
Expiration of Form W-8BEN-E. Generally, a Form
W-8BEN-E will remain valid for purposes of both chapters
3 and 4 for a period starting on the date the form is signed
and ending on the last day of the third succeeding
calendar year, unless a change in circumstances makes
any information on the form incorrect. For example, a
Form W-8BEN signed on September 30, 2014, remains
valid through December 31, 2017.
However, under certain conditions a Form W-8BEN-E
will remain in effect indefinitely absent a change of
circumstances. See Regulations sections 1.1441-1(e)(4)
(ii) and 1.1471-3(c)(6)(ii) for the period of validity for
chapters 3 and 4 purposes, respectively.
transaction is disregarded. In the case of amounts paid
that do not constitute income, beneficial ownership is
determined as if the payment were income.
Foreign partnerships, foreign simple trusts, and foreign
grantor trusts are not the beneficial owners of income paid
to the partnership or trust. The beneficial owners of
income paid to a foreign partnership are generally the
partners in the partnership, provided that the partner is not
itself a partnership, foreign simple or grantor trust,
nominee or other agent. The beneficial owners of income
paid to a foreign simple trust (that is, a foreign trust that is
described in section 651(a)) are generally the
Definitions
Account holder. An account holder is generally the
person listed or identified as the holder or owner of a
financial account. For example, if a partnership is listed as
the holder or owner of a financial account, then the
partnership is the account holder, rather than the partners
of the partnership. However, an account that is held by a
disregarded entity (other than a disregarded entity treated
as an FFI for chapter 4 purposes) is treated as held by the
entity's single owner.
beneficiaries of the trust, if the beneficiary is not a foreign
partnership, foreign simple or grantor trust, nominee, or
other agent. The beneficial owners of income paid to a
foreign grantor trust (that is, a foreign trust to the extent
that all or a portion of the income of the trust is treated as
owned by the grantor or another person under sections
671 through 679) are the persons treated as the owners of
the trust. The beneficial owners of income paid to a
foreign complex trust (that is, a foreign trust that is not a
Amount realized. For purposes of section 1446(f), an
amount realized on the transfer of an interest in a
partnership other than a PTP is as determined under
section 1001 (including Regulations sections 1.1001-1
-4-
Instructions for Form W-8BEN-E (Rev. 10-2021)
foreign simple trust or foreign grantor trust) is the trust
itself.
Generally, for purposes of section 1446(a) or (f), the
same beneficial owner rules apply, except that under
section 1446(a) or (f) a foreign simple trust is required to
provide a Form W-8BEN-E on its own behalf, rather than
on behalf of the beneficiary of such trust.
Certain entities that are disregarded for U.S. tax
purposes may be treated as treaty residents for purposes
of claiming treaty benefits under an applicable tax treaty
or may be recognized as FFIs under an applicable IGA. A
hybrid entity claiming treaty benefits on its own behalf is
required to complete Form W-8BEN-E. See Hybrid Entity
Instructions, later.
A disregarded entity with a U.S. owner or a disregarded
entity with a foreign owner that is not otherwise able to fill
out Part II (that is, because it is in the same country as its
single owner and does not have a GIIN) may provide this
form to an FFI solely for purposes of documenting itself for
chapter 4 purposes. In such a case, the disregarded entity
should complete Part I as if it were a beneficial owner and
should not complete line 3.
The beneficial owner of income paid to a foreign estate
is the estate itself.
A payment to a U.S. partnership, U.S. trust, or U.S.
estate is treated as a payment to a U.S. payee. A U.S.
partnership, trust, or estate should provide the withholding
agent with a Form W-9 pertaining to itself. However, for
purposes of section 1446(a), a U.S. grantor trust or
disregarded entity shall not provide the withholding agent
a Form W-9. Instead, the entity must provide an
Financial account. A financial account includes:
applicable Form W-8 or Form W-9 pertaining to each
grantor or owner, as appropriate, and, in the case of a
trust, a statement identifying the portion of the trust
treated as owned by each such person. For purposes of
section 1446(f), the grantor or owner must provide an
applicable Form W-8 or Form W-9 to certify its status and
the amount realized allocable to the grantor or owner,
which, alternatively, can be provided by the U.S. grantor
trust on behalf of a grantor or owner.
Chapter 3. Chapter 3 means chapter 3 of the Internal
Revenue Code (Withholding of Tax on Nonresident Aliens
and Foreign Corporations). Chapter 3 contains sections
1441 through 1464, excluding sections 1445 and 1446.
A depository account maintained by an FFI;
A custodial account maintained by an FFI;
Equity or debt interests (other than interests regularly
•
•
•
traded on an established securities market) in investment
entities and certain holding companies, treasury centers,
or financial institutions as defined in Regulations section
1.1471-5(e);
Certain cash value insurance contracts; and
Annuity contracts.
For purposes of chapter 4, exceptions are provided for
•
•
accounts such as certain tax-favored savings accounts,
term life insurance contracts, accounts held by estates,
escrow accounts, and certain annuity contracts. These
exceptions are subject to certain conditions. See
Regulations section 1.1471-5(b)(2). Accounts may also
be excluded from the definition of financial account under
an applicable IGA.
Chapter 4. Chapter 4 means chapter 4 of the Internal
Revenue Code (Taxes to Enforce Reporting on Certain
Foreign Accounts). Chapter 4 contains sections 1471
through 1474.
Chapter 4 status. The term chapter 4 status means a
person’s status as a U.S. person, specified U.S. person,
foreign individual, participating FFI, deemed-compliant
FFI, restricted distributor, exempt beneficial owner,
nonparticipating FFI, territory financial institution,
excepted NFFE, or passive NFFE.
Financial institution. A financial institution generally
means an entity that is a depository institution, custodial
institution, investment entity, or an insurance company (or
holding company of an insurance company) that issues
cash value insurance or annuity contracts. See
Regulations section 1.1471-5(e).
Deemed-compliant FFI. Under section 1471(b)(2),
certain FFIs are deemed to comply with the regulations
under chapter 4 without the need to enter into an FFI
agreement with the IRS. However, certain
An investment entity organized in a territory that is not
also a depository institution, custodial institution, or
specified insurance company is not treated as a financial
institution. Instead, it is a territory NFFE. If such an entity
cannot qualify as an excepted NFFE as described in
Regulations section 1.1472-1(c)(1) (including an excepted
territory NFFE), it must disclose its substantial U.S.
owners using this definition (applying the 10 percent
threshold) under Regulations section 1.1473-1(b)(1).
deemed-compliant FFIs are required to register with the
IRS and obtain a GIIN. These FFIs are referred to as
registered deemed-compliant FFIs. See Regulations
section 1.1471-5(f)(1).
Disregarded entity. A business entity that has a single
owner and is not a corporation under Regulations section
301.7701-2(b) is disregarded as an entity separate from
its owner. Generally, a disregarded entity does not submit
this Form W-8BEN-E to a withholding agent. Instead, the
owner of such entity provides the appropriate
Foreign financial institution (FFI). A foreign financial
institution (FFI) means a foreign entity that is a financial
institution.
Fiscally transparent entity. An entity is treated as
fiscally transparent with respect to an item of income for
which treaty benefits are claimed to the extent that the
interest holders in the entity must, on a current basis, take
into account separately their shares of an item of income
paid to the entity, whether or not distributed, and must
determine the character of the items of income as if they
were realized directly from the sources from which
realized by the entity. For example, partnerships, common
documentation (for example, a Form W-8BEN-E if the
owner is a foreign entity). However, if a disregarded entity
receiving a withholdable payment is an FFI outside the
single owner’s country of organization or has its own GIIN,
its foreign owner will be required to complete Part II of
Form W-8BEN-E to document the chapter 4 status of the
disregarded entity receiving the payment.
Instructions for Form W-8BEN-E (Rev. 10-2021)
-5-
trust funds, and simple trusts or grantor trusts are
generally considered to be fiscally transparent with
respect to items of income received by them.
Nonparticipating FFI. A nonparticipating FFI means an
FFI that is not a participating FFI, deemed-compliant FFI,
or exempt beneficial owner.
Flow-through entity. A flow-through entity is a foreign
partnership (other than a withholding foreign partnership),
a foreign simple or foreign grantor trust (other than a
withholding foreign trust), or, for payments for which a
reduced rate of, or exemption from, withholding is claimed
under an income tax treaty, any entity to the extent the
entity is considered to be fiscally transparent with respect
to the payment by an interest holder’s jurisdiction.
Foreign person. A foreign person includes a foreign
corporation, a foreign partnership, a foreign trust, a foreign
estate, and any other person that is not a U.S. person. It
also includes a foreign branch or office of a U.S. financial
institution or U.S. clearing organization if the foreign
branch is a qualified intermediary. Generally, a payment to
a U.S. branch of a foreign person is a payment to a foreign
person.
Nonreporting IGA FFI. A nonreporting IGA FFI is an FFI
that is a resident of, or located or established in, a Model
1 or Model 2 IGA jurisdiction that meets the requirements
of:
A nonreporting financial institution described in a
•
specific category in Annex II of the Model 1 or Model 2
IGA;
A registered deemed-compliant FFI described in
•
Regulations section 1.1471-5(f)(1)(i)(A) through (F);
A certified deemed-compliant FFI described in
•
Regulations section 1.1471-5(f)(2)(i) through (v); or
An exempt beneficial owner described in Regulations
•
section 1.1471-6.
Participating FFI. A participating FFI is an FFI that has
agreed to comply with the terms of an FFI agreement with
respect to all branches of the FFI, other than a branch that
is a reporting Model 1 FFI or a U.S. branch. The term
participating FFI also includes a reporting Model 2 FFI and
a QI branch of a U.S. financial institution unless such
branch is a reporting Model 1 FFI.
GIIN. The term GIIN means a global intermediary
identification number. A GIIN is the identification number
assigned to an entity that has registered with the IRS for
chapter 4 purposes.
Participating payee. A participating payee means any
person that accepts a payment card as payment or
accepts payment from a third party settlement
organization in settlement of a third party network
transaction for purposes of section 6050W.
Payee. A payee is generally a person to whom a
payment is made regardless of whether such person is
the beneficial owner. For a payment made to a financial
account, the payee is generally the holder of the financial
account. See Regulations sections 1.1441-1(b)(2) and
1.1471-3(a)(3).
Payment settlement entity (PSE). A payment
settlement entity is a merchant acquiring entity or third
party settlement organization. Under section 6050W, a
PSE is generally required to report payments made in
settlement of payment card transactions or third party
network transactions. However, a PSE is not required to
report payments made to a beneficial owner that is
documented as foreign with an applicable Form W-8.
Publicly Traded Partnership (PTP). A PTP is an entity
that has the same meaning as in section 7704 and
Regulations section 1.7704-4 but does not include a PTP
treated as a corporation under that section.
Hybrid entity. A hybrid entity is any person (other than
an individual) that is treated as fiscally transparent for
purposes of its status under the Code but is not treated as
fiscally transparent by a country with which the United
States has an income tax treaty. Hybrid entity status is
relevant for claiming treaty benefits. A hybrid entity is
required to provide its chapter 4 status if it is receiving a
withholdable payment.
Intergovernmental agreement (IGA). An
intergovernmental agreement (IGA) means a Model 1 IGA
or a Model 2 IGA. For a list of jurisdictions treated as
having in effect a Model 1 or Model 2 IGA, see
A Model 1 IGA means an agreement between the
United States or the Treasury Department and a foreign
government or one or more agencies to implement
FATCA through reporting by FFIs to such foreign
government or agency, followed by automatic exchange
of the reported information with the IRS. An FFI in a Model
1 IGA jurisdiction that performs account reporting to the
jurisdiction’s government is referred to as a reporting
Model 1 FFI.
A Model 2 IGA means an agreement or arrangement
between the United States or the Treasury Department
and a foreign government or one or more agencies to
implement FATCA through reporting by FFIs directly to
the IRS in accordance with the requirements of an FFI
agreement, supplemented by the exchange of information
between such foreign government or agency and the IRS.
An FFI in a Model 2 IGA jurisdiction that has entered into
an FFI agreement with respect to a branch is a
participating FFI but may be referred to as a reporting
Model 2 FFI.
PTP interest. A PTP interest is an interest in a PTP if the
interest is publicly traded on an established securities
market or is readily tradable on a secondary market (or
the substantial equivalent thereof).
Qualified intermediary (QI). A qualified intermediary
(QI) is a person that is a party to an agreement with the
IRS that is described in Regulations section 1.1441-1(e)
(5)(iii). A qualified derivatives dealer (QDD) is a QI that
has agreed to certain reporting and withholding
requirements pursuant to Regulations section 1.1441-1(e)
(6).
The term reporting IGA FFI refers to both reporting
Model 1 FFIs and reporting Model 2 FFIs.
Recalcitrant account holder. A recalcitrant account
holder includes an entity (other than an entity required to
-6-
Instructions for Form W-8BEN-E (Rev. 10-2021)
be treated as a nonparticipating FFI) that fails to comply
with a request by an FFI maintaining the account for
documentation and information for determining whether
the account is a U.S. account. See Regulations section
1.1471-5(g).
Reverse hybrid entity. A reverse hybrid entity is any
person (other than an individual) that is not fiscally
transparent under U.S. tax law principles but that is
fiscally transparent under the laws of a jurisdiction with
which the United States has an income tax treaty. See
Form W-8IMY and the accompanying instructions for
information on a reverse hybrid entity making a claim of
treaty benefits on behalf of its owners.
Specified U.S. person. A specified U.S. person is any
U.S. person other than a person identified in Regulations
section 1.1473-1(c).
Substantial U.S. owner. A substantial U.S. owner (as
defined in Regulations section 1.1473-1(b)) means any
specified U.S. person that:
use Form W-9 to certify its status as a U.S. person for
chapter 3 and chapter 4 purposes.
Withholdable payment. A withholdable payment is
defined in Regulations section 1.1473-1(a). For
exceptions applicable to the definition of a withholdable
payment, see Regulations section 1.1473-1(a)(4) (for
example, certain nonfinancial payments).
Withholding agent. Any person, U.S. or foreign, that has
control, receipt, custody, disposal, or payment of U.S.
source FDAP income subject to chapter 3 or 4 withholding
is a withholding agent. The withholding agent may be an
individual, corporation, partnership, trust, association, or
any other entity, including (but not limited to) any foreign
intermediary, foreign partnership, and U.S. branches of
certain foreign banks and insurance companies.
For purposes of section 1446(a), the withholding agent
is the partnership conducting the trade or business in the
United States. For a partnership distribution made by a
PTP, the withholding agent for purposes of section
1446(a) may be the PTP, a nominee holding an interest
on behalf of a foreign person, or both. See Regulations
sections 1.1446-1 through 1.1446-6.
Owns, directly or indirectly, more than 10 percent (by
•
vote or value) of the stock of any foreign corporation;
Owns, directly or indirectly, more than 10 percent of the
•
profits or capital interests in a foreign partnership;
Is treated as an owner of any portion of a foreign trust
•
Specific Instructions
Part I – Identification
of Beneficial Owner
Line 1. Enter your name. If you are a disregarded entity
or branch, do not enter your business name. Instead,
enter the legal name of your owner (or, if you are a
branch, the entity that you form a part of) (looking through
multiple disregarded entities if applicable). If you are a
disregarded entity that is a hybrid entity filing a treaty
claim, however, see Hybrid Entity Making a Claim of
under sections 671 through 679; or
Holds, directly or indirectly, more than a 10 percent
•
beneficial interest in a trust.
Transfer. A transfer is a sale, exchange, or other
disposition of a partnership interest, and includes a
distribution from a partnership to a partner, as well as a
transfer treated as a sale or exchange under section
707(a)(2)(B).
Transferee. A transferee is any person, foreign or
domestic, that acquires a partnership interest through a
transfer and includes a partnership that makes a
distribution.
If you are an account holder providing this form to
Transferor. A transferor is any person, foreign or
domestic, that transfers a partnership interest. In the case
of a trust, to the extent all or a portion of the income of the
trust is treated as owned by the grantor or another person
under sections 671 through 679 (such trust, a grantor
trust), the term transferor means the grantor or other
person.
an FFI solely for purposes of documenting
TIP
yourself as an account holder and you are not
receiving a withholdable payment or reportable amount
(as defined in Regulations section 1.1441-1(e)(3)(vi)), you
should complete Part I by substituting the references to
“beneficial owner” with “account holder.”
U.S. person. A U.S. person is defined in section 7701(a)
(30) and includes domestic partnerships, corporations,
and trusts.
The named holder on the account is not
necessarily the account holder for purposes of
!
CAUTION
chapter 4. See Definitions, earlier, or, for an
account maintained by an FFI covered by a Model 1 or
Model 2 IGA with respect to the account, the definition of
account holder in an applicable IGA to determine if you
are the account holder. If you hold an account with an FFI
and are unsure whether the definition of “account holder”
under an IGA is applicable to your account, consult with
the FFI requesting this form.
Certain foreign insurance companies issuing
annuities or cash value insurance contracts that
!
CAUTION
elect to be treated as a U.S. person for federal tax
purposes but are not licensed to do business in the United
States are treated as FFIs for purposes of chapter 4. For
purposes of providing a withholding agent with
documentation for both chapter 3 and chapter 4 purposes,
however, such an insurance company is permitted to use
Form W-9 to certify its status as a U.S. person. Likewise,
a foreign branch of a U.S. financial institution (other than a
branch that operates as a qualified intermediary) that is
treated as an FFI under an applicable IGA is permitted to
Line 2. If you are a corporation, enter your country of
incorporation. If you are another type of entity, enter the
country under whose laws you are created, organized, or
governed.
Instructions for Form W-8BEN-E (Rev. 10-2021)
-7-
Line 3. If you are a disregarded entity receiving a
withholdable payment, enter your name on line 3 if you: 1)
have registered with the IRS and been assigned a GIIN
associated with the legal name of the disregarded entity;
2) are a reporting Model 1 FFI or reporting Model 2 FFI;
and 3) are not a hybrid entity using this form to claim
treaty benefits.
Line 5. Check the one box that applies to your chapter 4
status. You are only required to provide a chapter 4 status
on this form if you are the payee of a withholdable
payment or are documenting the status of a financial
account you hold with an FFI requesting this form. By
checking a box on this line, you are representing that you
qualify for this classification in your country of residence.
If you are not required to provide the legal name of
For most of the chapter 4 statuses, you are
the disregarded entity, you may want to notify the
required to complete an additional part of this form
certifying that you meet the conditions of the
TIP
!
CAUTION
withholding agent that you are a disregarded
entity receiving a payment or maintaining an account by
indicating the name of the disregarded entity on line 10. If
you wish to report the name of a disregarded entity
holding an account with the withholding agent requesting
this form for only information purposes (that is, the
disregarded entity is not reported on line 1 or in Part II of
this form), you may enter the disregarded entity's name on
line 3.
status indicated on line 5. Complete the required portion
of this form before signing and providing it to the
withholding agent. See Entities Providing Certifications
Under an Applicable IGA under Special Instructions, later.
FFIs Covered by an IGA and Related Entities
A reporting IGA FFI resident in, or established under the
laws of, a jurisdiction covered by a Model 1 IGA should
check “Reporting Model 1 FFI.” A reporting FFI resident
in, or established under the laws of, a jurisdiction covered
by a Model 2 IGA should check “Reporting Model 2 FFI.” If
you are treated as a registered deemed-compliant FFI
under an applicable IGA, you should check “Nonreporting
IGA FFI” rather than “registered deemed-compliant FFI”
and provide your GIIN.
Line 4. Check the one box that applies. By checking a
box, you are representing that you qualify for the
classification indicated. You must check the box that
represents your classification (for example, corporation,
partnership, trust, estate, etc.) under U.S. tax principles
(not under the law of a treaty country). To determine
whether you are an integral part of a foreign government
or an entity that is controlled by a foreign government, see
Temporary Regulations section 1.892-2T. If you are
providing Form W-8BEN-E to an FFI solely for purposes
of documenting yourself for chapter 4 purposes as an
account holder of an account maintained by an FFI, you
do not need to complete line 4.
If you are a partnership, disregarded entity, simple
trust, or grantor trust receiving a payment for which treaty
benefits are being claimed by such entity, you must check
the “Partnership,” “Disregarded entity,” “Simple trust,” or
“Grantor trust” box. For such a case, you must also check
the “yes” box to indicate that you are a hybrid entity
making a treaty claim. You may only check the “no” box if
(1) you are a disregarded entity, partnership, simple trust,
or grantor trust and are using the form solely for purposes
of documenting yourself as an account holder of an FFI
and the form is not associated with a withholdable
payment or a reportable amount or (2) you are using this
form solely for purposes of documenting your status as a
participating payee for purposes of section 6050W. In
such cases, you are not required to complete line 4, but
you may check the “no” box if you choose to complete
line 4. You may also use Form W-8IMY to document
yourself as an account holder of an FFI.
In general, if you are treated as a nonreporting IGA FFI
under an applicable IGA, you should check “Nonreporting
IGA FFI” even if you meet the qualifications for
deemed-compliant status or are an exempt beneficial
owner under the chapter 4 regulations. In such a case,
you should not also check your applicable status under
the regulations but should provide your GIIN on line 9, if
applicable. If you are an owner-documented FFI that is
treated as a nonreporting IGA FFI under an applicable
IGA you must check “Owner-documented FFI” and
complete Part X.
An FFI that is related to a reporting IGA FFI and that is
treated as a nonparticipating FFI in its country of
residence should check “Nonparticipating FFI” on line 5.
If you are an FFI in a jurisdiction treated as having an
IGA in effect, you should not check “Participating FFI” but
rather should check “Reporting Model 1 FFI” or “Reporting
Model 2 FFI” as applicable. See www.treasury.gov/
Archive.aspx for a list of jurisdictions treated as having an
IGA in effect.
Non-Profit Organizations Covered by an IGA
If you are a non-profit entity that is established and
maintained in a jurisdiction treated as having an IGA in
effect and you meet the definition of “active NFFE”under
Annex I of the applicable IGA, you should not check a box
on line 5 if you are providing this form to an FFI for
purposes of documenting yourself as an account holder.
Instead, you should provide a certification of your status
under the IGA. See Entities Providing Certifications Under
Only entities that are tax-exempt under section
501(c) should check the “Tax-exempt
!
CAUTION
organization” box for purposes of line 4. Such
organizations should use Form W-8BEN-E only if they are
claiming a reduced rate of withholding under an income
tax treaty or a Code exception other than section 501(c) or
if they are using this form solely for purposes of
documenting themselves as an account holder with an
FFI. However, if you are a private foundation you should
check “Private Foundation” instead of “Tax-exempt
organization.”
Account That Is Not a Financial Account
If you are providing this form to document an account you
hold with a foreign financial institution that is not a
-8-
Instructions for Form W-8BEN-E (Rev. 10-2021)
financial account under Regulations section 1.1471-5(b)
(2), check the “Account that is not a financial account” box
on line 5.
If you need an EIN, you are encouraged to apply
for one online instead of submitting a paper Form
TIP
Line 6. Enter the permanent residence address of the
entity identified on line 1. Your permanent residence
address is the address in the country where you claim to
be a resident for purposes of that country’s income tax. If
you are giving Form W-8BEN-E to claim a reduced rate of,
or exemption from, withholding under an income tax
treaty, you must determine residency in the manner
required by the treaty. Do not show the address of a
financial institution (unless you are a financial institution
providing your own address), a post office box, or an
address used solely for mailing purposes unless it is the
only address you use and it appears in your organizational
documents (that is, your registered address). If you do not
have a tax residence in any country, the permanent
residence address is where you maintain your principal
office.
Line 9a. If you are a participating FFI, registered
deemed-compliant FFI (including a sponsored FFI
described in the Treasury regulations), reporting Model 1
FFI, reporting Model 2 FFI, direct reporting NFFE, trustee
of a trustee-documented trust that is a foreign person
providing this form for the trust, or sponsored direct
reporting NFFE, you are required to enter your GIIN (with
regard to your country of residence) on line 9a. If you are
a trustee of a trustee-documented trust and you are a
foreign person, you should provide the GIIN that you
received when you registered as a participating FFI or
reporting Model 1 FFI. If your branch is receiving the
payment and is required to be identified in Part II, you are
not required to provide a GIIN on line 9a. Instead, provide
the GIIN of your branch (if applicable) on line 13.
You must provide your GIIN on line 9 if you are a
nonreporting IGA FFI that is (1) treated as registered
deemed-compliant under Annex II to an applicable Model
2 IGA or (2) a registered deemed-compliant FFI under
Regulations section 1.1471-5(f)(1).
Line 7. Enter your mailing address only if it is different
from the address on line 6.
Line 8. Enter your U.S. employer identification number
(EIN). An EIN is a U.S. taxpayer identification number
(TIN) for entities. If you do not have a U.S. EIN, apply for
one on Form SS-4, Application for Employer Identification
Number, if you are required to obtain a U.S. TIN.
If you are in the process of registering with the IRS
as a participating FFI, registered
TIP
deemed-compliant FFI (including a sponsored
A partner in a partnership conducting a trade or
business in the United States will likely be allocated
effectively connected taxable income. In addition, if the
partner transfers an interest in such a partnership, the
partner may be subject to tax under section 864(c)(8) on
the transfer. As in either case the partner is considered
engaged in a U.S. trade or business because it is a
partner in a partnership engaged in a U.S. trade or
business, the partner is required to file a U.S. federal
income tax return and must have a TIN, which the partner
is required to provide on this form.
FFI), reporting Model 1 FFI, reporting Model 2 FFI, direct
reporting NFFE, sponsored direct reporting NFFE, or
nonreporting IGA FFI but have not received a GIIN, you
may complete this line by writing “applied for.” However,
the person requesting this form from you must receive and
verify your GIIN within 90 days.
Line 9b. If you are providing this Form W-8BEN-E to
document yourself as an account holder with respect to a
financial account (as defined in Regulations section
1.1471-5(b)) that you hold at a U.S. office of a financial
institution (including a U.S. branch of an FFI) and you
receive U.S. source income reportable on Form 1042-S
associated with this form, you must provide on line 9b the
FTIN issued to you by the jurisdiction in which you are a
tax resident identified on line 6 unless:
You must also provide a U.S. TIN if you are:
Claiming an exemption from withholding under section
•
871(f) for certain annuities received under qualified plans,
or
Claiming benefits under an income tax treaty and have
•
You properly identified yourself as a government
•
not provided a FTIN on line 9b.
(including a controlled entity that is a foreign government
under section 892), central bank of issue, or international
organization on line 4;
However, a TIN is not required to be shown in order to
claim treaty benefits on the following items of income:
Dividends and interest from stocks and debt obligations
•
You are a resident of a U.S. territory; or
•
that are actively traded;
Your jurisdiction of residence is identified on the List of
•
Dividends from any redeemable security issued by an
•
Jurisdictions That Do Not Issue Foreign TINs at IRS.gov/
investment company registered under the Investment
Company Act of 1940 (mutual fund);
Dividends, interest, or royalties from units of beneficial
•
You also do not need to provide an FTIN on line 9b if you
meet the requirement for checking the box on line 9c.
interest in a unit investment trust that are (or were upon
issuance) publicly offered and are registered with the SEC
under the Securities Act of 1933; and
In addition, if you are not using this form to document a
financial account described above, you may provide the
FTIN issued to you by your jurisdiction of tax residence on
line 9b for purposes of claiming treaty benefits (rather than
providing a U.S. TIN on line 8, if required).
Income related to loans of any of the above securities.
See Regulations section 1.1441-1(e)(4)(vii) for other
•
circumstances when you are required to provide a U.S.
TIN for an amount subject to chapter 3 withholding.
Lines 9a and 9b should accommodate the GIIN or
foreign TIN, as appropriate. You may need to use
a smaller font when completing the form. If the
TIP
Instructions for Form W-8BEN-E (Rev. 10-2021)
-9-
GIIN or FTIN does not fit in the space provided, you may
provide a GIIN or FTIN that is indicated and clearly
identified somewhere else on the form, or on a separate
attached sheet, as long as the GIIN or FTIN is clearly
identified as being furnished with respect to line 9a or 9b,
respectively. For example, a handwritten GIIN located just
outside of line 9a with a corresponding arrow pointing to
line 9a is a properly provided GIIN for this purpose.
If you have multiple branches/disregarded entities
receiving payments from the same withholding agent and
the information in Part I is the same for each branch/
disregarded entity that will receive payments, a
withholding agent may accept a single Form W-8BEN-E
from you with a schedule attached that includes all of the
Part II information for each branch/disregarded entity
rather than separate Forms W-8BEN-E to identify each
branch/disregarded entity receiving payments associated
with the form and an allocation of the payment to each
branch/disregarded entity.
Line 9c. You may check the box in this line 9c if you are
an account holder as described for purposes of line 9b
and you are not legally required to obtain an FTIN from
your jurisdiction of residence (including if the jurisdiction
does not issue FTINs). By checking this box you will be
treated as having provided an explanation for not
providing an FTIN on line 9b. If you wish to provide a
further (or other) explanation why you are not required to
provide an FTIN on line 9b, you may do so in the margins
of this form or on a separate statement attached to this
form.
Line 10. This line may be used by you or by the
withholding agent or FFI to include any referencing
information that is useful to the withholding agent to
document the beneficial owner. For example, withholding
agents who are required to associate the Form
Line 11. Check the one box that applies. If no box
applies to the disregarded entity, you do not need to
complete this part. If you check reporting Model 1 FFI,
reporting Model 2 FFI, or participating FFI, you must
complete line 13, later. If your branch is a branch of a
reporting IGA FFI that cannot comply with the
requirements of an applicable IGA or the regulations
under chapter 4 (a related entity), you must check "Branch
treated as nonparticipating FFI."
Line 12. Enter the address of the branch or disregarded
entity.
Line 13. If you are a reporting Model 1 FFI, reporting
Model 2 FFI, or participating FFI, you must enter the GIIN
on line 13 of your branch that receives the payment. If you
are a disregarded entity that completed Part I, line 3 of this
form and are receiving payments associated with this
form, enter your GIIN. Do not enter your GIIN on line 9. If
you are a U.S. branch, enter a GIIN applicable to any
other branch of the FFI (including in its residence country).
W-8BEN-E with a particular Form W-8IMY may want to
use line 10 for a referencing number or code that will
make the association clear. You may also want to use
line 10 to include the number of the account for which you
are providing the form. If you are a single owner of a
disregarded entity you may use line 10 to inform the
withholding agent that the account to which a payment is
made or credited is held in the name of the disregarded
entity (unless the name of the disregarded entity is
required to be provided on line 3).
You may also use line 10 to identify income from a
notional principal contract that is not effectively connected
with the conduct of a trade or business in the United
States.
If you are in the process of registering your branch
with the IRS but have not received a GIIN, you
may complete this line by writing “applied for.”
TIP
However, the person requesting this form from you must
receive and verify your GIIN within 90 days.
Part III – Claim of Tax Treaty Benefits
Line 14a. If you are claiming a reduced rate of, or
exemption from, withholding under an income tax treaty
you must enter the country where you are a resident for
income tax treaty purposes and check the box to certify
that you are a resident of that country.
Part II – Disregarded Entity
or Branch Receiving Payment
Complete Part II for a disregarded entity that has its own
GIIN and is receiving a withholdable payment, or for a
branch (including a branch that is a disregarded entity that
does not have a GIIN) operating in a jurisdiction other than
the country of residence identified on line 2. For example,
assume ABC Co., which is a participating FFI resident in
Country A, operates through a branch in Country B (which
is a Model 1 IGA jurisdiction) and the branch is treated as
a reporting Model 1 FFI under the terms of the Country B
Model 1 IGA. ABC Co. should not enter its GIIN on line 9,
and the Country B branch should complete this Part II by
identifying itself as a reporting Model 1 IGA FFI and
providing its GIIN on line 13. If the Country B branch
receiving the payment is a disregarded entity you may be
required to provide its legal name on line 3.
Line 14b. If you are claiming a reduced rate of, or
exemption from, withholding under an income tax treaty
you must check the box to certify that you:
Derive the item of income for which the treaty benefit is
•
claimed, and
Meet the limitation on benefits provision contained in
•
the treaty, if any.
An item of income may be derived by either the entity
receiving the item of income or by the interest holders in
the entity or, in certain circumstances, both. An item of
income paid to an entity is considered to be derived by the
entity only if the entity is not fiscally transparent under the
laws of the entity’s jurisdiction with respect to the item of
income. An item of income paid to an entity shall be
considered to be derived by the interest holder in the
entity only if:
If the disregarded entity receiving a withholdable
payment has its own GIIN, Part II should be
TIP
completed regardless of whether it is in the same
The interest holder is not fiscally transparent in its
•
country as the single owner identified in Part I.
jurisdiction with respect to the item of income, and
-10-
Instructions for Form W-8BEN-E (Rev. 10-2021)
The entity is considered to be fiscally transparent under
indirectly, by five or fewer companies that are
•
the laws of the interest holder’s jurisdiction with respect to
the item of income. An item of income paid directly to a
type of entity specifically identified in a treaty as a resident
of a treaty jurisdiction is treated as derived by a resident of
that treaty jurisdiction.
publicly-traded corporations and that themselves meet the
publicly-traded corporation test, as long as all companies
in the chain of ownership are resident in either the United
States or the same country of residence as the subsidiary.
Company that meets the ownership and base erosion
•
test—this test generally requires that more than 50% of
the vote and value of the company's shares be owned,
directly or indirectly, by individuals, governments,
tax-exempt entities, and publicly-traded corporations
resident in the same country as the company, as long as
all companies in the chain of ownership are resident in the
same country of residence, and less than 50% of the
company's gross income is accrued or paid, directly or
indirectly, to persons who would not be good
Limitation on benefits treaty provisions. If you are a
resident of a foreign country that has entered into an
income tax treaty with the United States that contains a
limitation on benefits (LOB) article, you must complete
one of the checkboxes on line 14b. You must also
complete the applicable checkbox on line 14b if you are a
resident of a foreign country that has entered into an
income tax treaty with the United States that does not
contain an LOB article. You may only check a box if the
LOB article in that treaty includes a provision that
corresponds to the checkbox on which you are relying to
claim treaty benefits. A particular treaty might not include
every type of test for which a checkbox is provided. For
example, “Company that meets the derivative benefits
test” is generally not available to a company resident in a
treaty country that is not a member of the EU, EEA, or
USMCA. In addition, each treaty LOB article that contains
a specific test listed below may have particular
shareholders for purposes of the ownership test.
Company that meets the derivative benefits test—this
•
test is generally limited to USMCA, EU, and EEA country
treaties, and may apply to all benefits or only to certain
items of income (interest, dividends, and royalties). It
generally requires that more than 95% of the aggregate
vote and value of the company's shares be owned,
directly or indirectly, by seven or fewer equivalent
beneficiaries (ultimate owners who are resident in an EU,
EEA, or USMCA country and are entitled to identical
benefits under their own treaty with the United States
under one of the ownership tests included within the LOB
article (other than the stock ownership and base erosion
test)). In addition, this test requires that less than 50% of
the company's gross income be paid or accrued, directly
or indirectly, to persons who would not be equivalent
beneficiaries.
requirements that must be met that differ from the
requirements in another treaty with regard to the same
test. Accordingly, you must check the relevant treaty LOB
article for the particular requirements associated with
each test. In general, only one LOB checkbox is required
to claim a treaty exemption even if more than one
checkbox would suffice to claim the benefits of the treaty
for that item of income.
Company with an item of income that meets the active
•
Each of the tests is summarized below for your general
convenience but may not be relied upon for making a final
determination that you meet an LOB test. Rather you must
check the text of the LOB article itself to determine which
tests are available under that treaty and the particular
requirements of those tests. See Table 4, Limitation on
Benefits, at IRS.gov/Individuals/International-Taxpayers/
Tax-Treaty-Tables, for a summary of the major tests
within the Limitation on Benefits article that are relevant
for documenting any entity's claim for treaty benefits.
trade or business test—this test generally requires that the
company be engaged in an active trade or business in its
country of residence, that its activities in that country be
substantial in relation to its U.S. activities, if the payer is a
related party, and the income be derived in connection to
or incidental to that trade or business.
No LOB article in treaty—this generally requires that the
•
entity is a resident in a foreign country that has entered
into an income tax treaty with the United States that does
not contain an LOB article.
Government—this test is met if the entity is the
•
Other—for other LOB tests that are not listed above (for
•
Contracting State, political subdivision, or local authority.
example, a headquarters test). Identify the other test
relied upon. For example, if you meet the headquarters
test under the United States-Netherlands income tax
treaty, you should write “Headquarters test, Article 26(5)”
in the space provided.
Tax-exempt pension trust or pension fund—this test
•
generally requires that more than half the beneficiaries or
participants in the trust or fund be residents of the country
of residence of the trust or fund itself.
Other tax-exempt organization—this test generally
•
Favorable discretionary determination received—this
•
requires that more than half the beneficiaries, members,
or participants of religious, charitable, scientific, artistic,
cultural, or educational organizations be residents of the
country of residence of the organization.
test requires that the company obtain a favorable
determination granting benefits from the U.S. competent
authority that, despite the company's failure to meet a
specific objective LOB test in the applicable treaty, it may
nonetheless claim the requested benefits. Unless a treaty
or technical explanation specifically provides otherwise,
you may not claim discretionary benefits while your claim
for discretionary benefits is pending.
Publicly-traded corporation—this test generally requires
•
the corporation's principal class of shares to be primarily
and regularly traded on a recognized stock exchange in
its country of residence, while other treaties may permit
trading in either the United States or the treaty country, or
in certain third countries if the primary place of
If an entity is claiming treaty benefits on its own behalf,
it should complete Form W-8BEN-E. If an interest holder
in an entity that is considered fiscally transparent in the
interest holder’s jurisdiction is claiming a treaty benefit,
the interest holder should complete Form W-8BEN (if an
management is the country of residence.
Subsidiary of publicly-traded corporation—this test
•
generally requires that more than 50% of the vote and
value of the company's shares be owned, directly or
Instructions for Form W-8BEN-E (Rev. 10-2021)
-11-
individual) or Form W-8BEN-E (if an entity) on its own
behalf as the appropriate treaty resident, and the fiscally
transparent entity should associate the interest holder’s
Form W-8BEN or Form W-8BEN-E with a Form W-8IMY
completed by the fiscally transparent entity (see Hybrid
Instructions, later).
should also use this space to set out the requirements you
meet under the identified treaty article.
The following are examples of persons who should
complete this line:
Exempt organizations claiming treaty benefits under the
•
exempt organization articles of the treaties with Canada,
Mexico, Germany, and the Netherlands.
Foreign corporations that are claiming a preferential
•
An income tax treaty may not apply to reduce the
rate applicable to dividends based on ownership of a
specific percentage of stock in the entity paying the
dividend and owning the stock for a specified period of
time. Such persons should provide the percentage of
ownership and the period of time they owned the stock.
For example, under the United States-Italy treaty, to claim
the 5% dividend rate, the Italian corporation must own
25% of the voting stock for a 12-month period.
amount of any tax on an item of income received
!
CAUTION
by an entity that is treated as a domestic
corporation for U.S. tax purposes. Therefore, neither the
domestic corporation nor its shareholders are entitled to
the benefits of a reduction of U.S. income tax on an item
of income received from U.S. sources by the corporation.
If you are an entity that derives the income as a
resident of a treaty country, you must check the
box “No LOB article in treaty” if the applicable
TIP
In addition, for example, if you qualify for and are
claiming a zero rate on dividend payments under Article
10(3) of the United States-Germany income tax treaty,
you should fill out line 15 with “Article 10(3),” “0,” and
“dividends” in the spaces provided. In the space provided
for an explanation, you may write that you are the
income tax treaty does not contain a “limitation on
benefits” provision.
Line 14c. If you are a foreign corporation claiming treaty
benefits under an income tax treaty that entered into force
before January 1, 1987 (and has not been renegotiated)
on (1) U.S. source dividends paid to you by another
foreign corporation or (2) U.S. source interest paid to you
by a U.S. trade or business of another foreign corporation,
you must generally be a “qualified resident” of a treaty
country. See section 884 for the definition of interest paid
by a U.S. trade or business of a foreign corporation
(“branch interest”) and other applicable rules.
beneficial owner of the dividends, you are a resident of
Germany, you have directly owned shares representing
80% or more of the voting power of the company paying
the dividends for the 12-month period ending on the date
the entitlement to the dividend is determined, and that you
satisfy the conditions of Article 28(2)(f)(aa) and (bb) and
Article 28(4) of the treaty with respect to the dividends.
Persons claiming treaty benefits on royalties if the treaty
•
contains different withholding rates for different types of
royalties.
In general, a foreign corporation is a qualified resident
of a country if any of the following apply:
Persons claiming treaty benefits on interest other than
•
It meets a 50% ownership and base erosion test.
It is primarily and regularly traded on an established
•
•
the generally applicable rate. For example, under the
United States-Australia treaty, the generally applicable
interest rate is 10% under Article 11(2). However, interest
may be exempt from withholding if the specific conditions
under Article 11(3) are met.
securities market in its country of residence or the United
States.
It carries on an active trade or business in its country of
•
residence.
Persons claiming treaty benefits on business profits not
•
It gets a ruling from the IRS that it is a qualified resident.
•
attributable to a permanent establishment or on gains
arising from the alienation of property (other than real
property) that does not form all or part of a permanent
establishment (including gains that do not arise from the
alienation of a permanent establishment). For example, a
foreign partner that derives gains subject to tax under
section 864(c)(8) upon the transfer of an interest in a
partnership that conducts a trade or business within the
United States may claim treaty benefits on this form with
respect to the withholding required under section 1446(f)
by stating that the gains are not attributable to a
See Regulations section 1.884-5 for the requirements that
must be met to satisfy each of these tests.
If you are claiming treaty benefits under an
income tax treaty entered into force after
!
CAUTION
December 31, 1986, do not check the line on
box 14c. Instead, check the boxes for line 14b.
Line 15. Line 15 must be used only if you are claiming
treaty benefits that require that you meet conditions not
covered by the representations you make on line 14 (or
other certifications on the form). This line is generally not
applicable to claiming treaty benefits under an interest or
dividends (other than dividends subject to a preferential
rate based on ownership) article of a treaty or other
income article, unless such article requires additional
representations. For example, certain treaties allow for a
zero rate on dividends for certain qualified residents
provided that additional requirements are met, such as
ownership percentage, ownership period, and that the
resident meet a combination of tests under an applicable
LOB article. You should indicate the specific treaty article
and paragraph or subparagraph, as applicable. You
permanent establishment and by including the relevant
gains article of the treaty. Additionally, for a claim that gain
or income with respect to a PTP interest is not attributable
to a permanent establishment in the United States, you
must identify the name of each PTP to which the claim
relates. See, however, Regulations section 1.864(c)
(8)-1(f) (providing that gain or loss on the alienation of a
partnership interest is gain or loss attributable to the
alienation of assets forming part of a permanent
establishment to the extent that the assets deemed sold
under section 864(c)(8) form part of a permanent
establishment of the partnership).
-12-
Instructions for Form W-8BEN-E (Rev. 10-2021)
Line 21. If you are a sponsored, closely held investment
vehicle, you must check the box to certify that you meet all
of the requirements for this certified deemed-compliant
status.
Parts IV Through XXVIII –
Certification of Chapter 4 Status
You should complete only one part of Parts IV through
XXVIII certifying to your chapter 4 status (if required). You
are not required to complete a chapter 4 status
certification if you are not the payee of withholdable
payment or you do not hold an account with an FFI
requesting this form. Identify which part (if any) you should
complete by reference to the box you checked on line 5.
An entity that selects nonparticipating FFI, participating
FFI, registered deemed-compliant FFI (other than a
sponsored FFI), reporting Model 1 FFI, reporting Model 2
FFI, or direct reporting NFFE (other than a sponsored
direct reporting NFFE) on line 5 is not required to
complete any of the certifications in Parts IV through
XXVIII.
Part VIII – Certified
Deemed-Compliant
Limited Life Debt
Investment Company
Line 22. If you are a limited life debt investment entity,
you must check the box to certify that you meet all of the
requirements for this certified deemed-compliant status.
Part IX – Certain Investment Entities
That Do Not Maintain Financial
Accounts
Line 23. If you are an FFI that is a financial institution
solely because you are described in Regulations section
1.1471-5(e)(4)(i)(A) and you do not maintain financial
accounts, you must check the box to certify that you meet
all of the requirements for this certified deemed-compliant
status.
IGA. In lieu of the certifications contained in Parts IV
through XXVIII of Form W-8BEN-E, in certain cases you
may provide an alternate certification to a withholding
agent. See Entities Providing Certifications Under an
Part IV – Sponsored FFI
Line 16. If you are a sponsored FFI described in
Regulations section 1.1471-5(f)(1)(i)(F), enter the name of
the sponsoring entity that has agreed to fulfill the due
diligence, reporting, and withholding obligations (as
applicable) on behalf of the sponsored FFI identified on
line 1. You must provide your GIIN on line 9.
Line 17. You must check the applicable box to certify that
you are either a sponsored investment entity or sponsored
controlled foreign corporation (within the meaning of
section 957(a)) and that you satisfy the other relevant
requirements for this status.
Part X – Owner-Documented FFI
Line 24a. If you are an owner-documented FFI, you must
check the box to certify that you meet all of the
requirements for this status and are providing this form to
a U.S. financial institution, participating FFI, reporting
Model 1 FFI, or reporting Model 2 FFI that agrees to act as
a designated withholding agent with respect to you. See
Regulations section 1.1471-5(f)(3) for more information
about an owner-documented FFI, including with respect to
a designated withholding agent.
Line 24b. Check the box to certify that you have provided
or will provide the documentation set forth in the
Part V – Certified Deemed-Compliant
Nonregistering Local Bank
Line 18. If you are a certified deemed-compliant
nonregistering local bank, you must check the box to
certify that you meet all of the requirements for this
certified deemed-compliant status.
certifications, including the FFI owner reporting statement
and the valid documentation for each person identified on
the FFI owner reporting statement described on line 24b.
Line 24c. Check the box to certify that you have provided
or will provide the auditor’s letter (in lieu of the information
required by line 24b) that satisfies the requirements
reflected on this line.
Part VI – Certified Deemed-Compliant
FFI With Only Low-Value Accounts
Line 19. If you are a certified deemed-compliant FFI with
only low-value accounts, you must check the box to certify
that you meet all of the requirements for this certified
deemed-compliant classification.
Check either line 24b or line 24c. Do not check
both boxes.
TIP
Line 24d. Check the box if you do not have any
contingent beneficiaries or designated classes with
unidentified beneficiaries. While this certification is not
required, an owner reporting statement provided by an
owner-documented FFI will remain valid indefinitely for
chapter 4 purposes absent a change in circumstances
with respect to offshore obligations (as defined in
Regulations section 1.6049-5(c)(1)) only if this
Part VII – Certified Deemed-Compliant
Sponsored, Closely
Held Investment Vehicle
Line 20. Enter the name of your sponsoring entity that
has agreed to fulfill the due diligence, reporting, and
withholding obligations of the entity identified on line 1 as
if the entity on line 1 were a participating FFI. You must
also enter the GIIN of your sponsoring entity on line 9a.
certification is provided and the account balance of all
accounts held by the owner-documented FFI with the
withholding agent does not exceed $1,000,000 on the
later of June 30, 2014, or the last day of the calendar year
in which the account was opened, and the last day of
Instructions for Form W-8BEN-E (Rev. 10-2021)
-13-
each subsequent calendar year preceding the payment,
applying the account aggregation rules of Regulations
section 1.1471-5(b)(4)(iii).
If you are a foreign government or political
subdivision of a foreign government (including
wholly owned agencies and instrumentalities
TIP
thereof), government of a U.S. possession, or foreign
central bank of issue, you should only complete Form
W-8BEN-E for payments for which you are not claiming
the applicability of section(s) 115(2), 892, or 895;
otherwise you should use Form W-8EXP.
Part XI – Restricted Distributor
Line 25a. If you are a restricted distributor you must
check the box to certify that you meet all of the
requirements for this status.
Lines 25b and 25c. Check the appropriate box to certify
Part XIV – International Organization
your status. Do not check both boxes.
Line 28a. Check this box to certify that you are an
international organization described in section 7701(a)
(18).
A restricted distributor may certify only with
respect to an account it maintains in connection
!
CAUTION
with a distribution agreement with a restricted
fund. A restricted distributor that, in connection with such
a distribution agreement, receives a payment subject to
chapter 3 withholding or a withholdable payment should
complete Form W-8IMY and not this form except to the
extent it holds interests in connection with such an
agreement as a beneficial owner.
If you are an entity that has been designated as
an international organization by executive order
(pursuant to 22 U.S.C. 288 through 288f), check
TIP
box 28a. If you are claiming an exemption from
withholding for purposes of chapter 3, however, use Form
W-8EXP.
Line 28b. If you are an international organization other
than an international organization described on line 28a,
you must check the box to certify that you satisfy all of the
requirements for this status.
Part XII – Nonreporting IGA FFI
Line 26. Check the box to indicate that you are treated as
a nonreporting IGA FFI. You must identify the IGA by
entering the name of the jurisdiction that has the IGA
treated as in effect with the United States, and indicate
whether it is a Model 1 or Model 2 IGA. You must also
provide the withholding agent with the specific category of
FFI described in Annex II of the IGA. In providing the
specific category of FFI described in Annex II, you should
use the language from Annex II that best and most
specifically describes your status. For example, indicate
“investment entity wholly owned by exempt beneficial
owners” rather than “exempt beneficial owner.” If you are
a nonreporting IGA FFI claiming a deemed-compliant
status under the regulations, you must instead indicate on
this line which section of the regulations you qualify under.
Part XV – Exempt Retirement Plans
Lines 29a, b, c, d, e, and f. ,
If you are an exempt retirement plan you must check
the appropriate box to certify that you meet all of the
requirements for this status.
Part XVI – Entity Wholly Owned
by Exempt Beneficial Owners
Line 30. If you are an entity wholly owned by exempt
beneficial owners you must check the box to certify that
you meet all of the requirements for this status. You must
also provide the owner documentation described in this
line establishing that each of your direct owners or debt
holders is an exempt beneficial owner described in
Regulations section 1.1471-6(b).
If you are a nonreporting financial institution under an
applicable IGA because you qualify as an
owner-documented FFI under the regulations, do not
check “Nonreporting IGA FFI.” Instead, you must check
“Owner-documented FFI” and complete Part X rather than
this Part XII.
Part XVII – Territory
Financial Institution
Line 31. If you are a territory financial institution you must
check the box to certify that you meet all of the
requirements for this status.
for a nonreporting IGA FFI (including a trustee of a
trustee-documented trust that is a foreign person).
Part XIII – Foreign Government,
Government of a U.S. Possession, or
Foreign Central Bank of Issue
Line 27. If you are a foreign government or political
subdivision of a foreign government (including wholly
owned agencies and instrumentalities thereof),
Part XVIII – Excepted
Nonfinancial Group Entity
Line 32. If you are an excepted nonfinancial group entity
you must check the box to certify that you meet all of the
requirements for this status.
government of a U.S. possession, or foreign central bank
of issue (each as defined in Regulations section 1.1471-6)
you must check the box and certify that you meet all of the
requirements for this status (including that you do not
engage in the type of commercial financial activities
described on this line except to the extent permitted under
Regulations section 1.1471-6(h)(2)).
Part XIX – Excepted Nonfinancial
Start-Up Company
Line 33. If you are an excepted nonfinancial start-up
company you must check the box to certify that you meet
all of the requirements for this status. You must also
-14-
Instructions for Form W-8BEN-E (Rev. 10-2021)
provide the date you were formed or your board passed a
resolution (or equivalent measure) approving a new line of
business (which cannot be that of a financial institution or
passive NFFE).
Part XXIV – Excepted Territory NFFE
Line 38. If you are an excepted territory NFFE you must
check the box to certify that you meet all of the
requirements for this classification. See Regulations
section 1.1472-1(c)(1)(iii) for the definition of an excepted
territory NFFE.
Part XX – Excepted Nonfinancial
Entity in Liquidation or Bankruptcy
Line 34. If you are an excepted nonfinancial group entity
in liquidation or bankruptcy you must check the box to
certify that you meet all of the requirements for this status.
You must also provide the date that you filed a plan of
liquidation, plan of reorganization, or bankruptcy petition.
Part XXV – Active NFFE
Line 39. If you are an active NFFE you must check the
box to certify that you meet all of the requirements for this
status, including the assets and passive income test
described in the certification for this part. For purposes of
applying this test, passive income includes dividends,
interest, rents, royalties, annuities, and certain other forms
of passive income. See Regulations section 1.1472-1(c)
(1)(iv)(A) for additional detail for the definition of passive
income. Also see Regulations section 1.1472-1(c)(1)(iv)
(B) for exceptions from the definition of passive income for
certain types of income.
Part XXI – 501(c) Organization
Line 35. If you are an entity claiming chapter 4 status as
a section 501(c) organization pursuant to Regulations
section 1.1471-5(e)(5)(v) you must check the box and
provide the date that the IRS issued you a determination
letter or provide a copy of an opinion from U.S. counsel
certifying that you qualify as a section 501(c) organization
(without regard to whether you are a foreign private
foundation).
Part XXVI – Passive NFFE
Line 40a. If you are a passive NFFE you must check the
box to certify that you are not a financial institution and are
not certifying your status as a publicly-traded NFFE, NFFE
affiliate of a publicly-traded company, excepted territory
NFFE, active NFFE, direct reporting NFFE, or sponsored
direct reporting NFFE.
If you are a section 501(c) organization claiming
an exemption from withholding for purposes of
chapter 3, however, use Form W-8EXP.
TIP
Part XXII – Nonprofit Organization
Line 36. If you are a nonprofit organization (other than an
entity claiming chapter 4 status as a section 501(c)
organization pursuant to Regulations section 1.1471-5(e)
(5)(v)) you must check the box to certify that you meet all
of the requirements for this status.
Note. If you would be a passive NFFE but for the fact that
you are managed by certain types of financial institutions
(see Regulations section 1.1471-5(e)(4)(i)(B)), you should
not complete line 40a as you would be considered a
financial institution and not a passive NFFE.
Nonprofit organization under an IGA. If you are an
entity that is established and maintained in a jurisdiction
that is treated as having in effect an IGA and you are
described in Annex I as a nonprofit organization that is an
Active NFFE, see Entities Providing Certifications Under
If you are an NFFE that may qualify as an active
NFFE (or other NFFE described in another part of
this form), you may still check line 40a and
TIP
disclose your substantial U.S. owners or certify that you
have no substantial U.S. owners.
Line 40b. Check this box to certify that you have no
Part XXIII – Publicly-Traded
NFFE or NFFE Affiliate of
a Publicly-Traded Corporation
Line 37a. If you are a publicly-traded NFFE you must
check the box to certify that you are not a financial
institution and provide the name of a securities exchange
on which your stock is publicly traded.
Line 37b. If you are an NFFE that is a member of the
same expanded affiliated group as a publicly-traded U.S.
or foreign entity you must check this box, provide the
name of the publicly-traded entity, and identify the
securities market on which the stock of the publicly-
traded entity is traded. See Regulations section
1.1472-1(c)(1)(i) to determine if the stock of an entity is
regularly traded on an established securities market
(substituting the term “U.S. entity” for “NFFE,” as
appropriate, for purposes of testing whether an entity is
publicly traded).
substantial U.S. owners.
Line 40c. If you do not check the box and make the
certification on line 40b, you must check this box 40c and
complete Part XXIX to identify and provide the name,
address, and TIN of each of your substantial U.S. owners.
Note. If you are an NFFE that is providing Form
W-8BEN-E to an FFI treated as a reporting Model 1 FFI or
reporting Model 2 FFI, you may also use Part XXIX to
report controlling U.S. persons (as defined in an
applicable IGA). The references to “controlling U.S.
persons” in this part and Part XXIX apply only if the form is
being provided to an FFI treated as a reporting Model 1
FFI or reporting Model 2 FFI.
Part XXVII – Excepted
Inter-Affiliate FFI
Line 41. If you are an excepted inter-affiliate FFI you
must check the box to certify that you meet all of the
requirements of this classification. This classification will
only apply for an excepted inter-affiliate FFI that holds
Instructions for Form W-8BEN-E (Rev. 10-2021)
-15-
deposit accounts described in the certification for this part
and that is documenting itself to the financial institution
that maintains the deposit account. You are not eligible for
this classification if you receive or make withholdable
payments to or from any person other than a member of
your expanded affiliated group, other than the depository
institution described in the previous sentence. See
Regulations section 1.1471-5(e)(5)(iv) for all the
requirements of this status.
date stamp and statement that the form has been
electronically signed). Simply typing your name into the
signature line is not an electronic signature. A withholding
agent may also rely on an electronically signed
withholding certificate if you provide any additional
information or documentation requested by the
withholding agent to support that the form was signed by
you or other person authorized to do so. See Regulations
section 1.1441-1(e)(4)(i)(B).
Broker transactions or barter exchanges. Income
from transactions with a broker or a barter exchange is
subject to reporting rules and backup withholding unless
Form W-8BEN-E or a substitute form is filed to notify the
broker or barter exchange that you are an exempt foreign
person.
Part XXVIII – Sponsored
Direct Reporting NFFEs
Lines 42 and 43. If you are a sponsored direct reporting
NFFE you must enter the name of the sponsoring entity
on line 42 and check the box to certify that you meet all of
the requirements for this classification. You must also
provide your GIIN on line 9a.
You are an exempt foreign person for a calendar year
in which:
You are a foreign corporation, partnership, estate, or
•
Part XXIX – Substantial U.S.
Owners of Passive NFFE
trust; and
You are neither engaged, nor plan to be engaged
•
during the year, in a U.S. trade or business that has
effectively connected gains from transactions with a
broker or barter exchange.
If you identified yourself as a passive NFFE (including an
investment entity that is a territory NFFE but is not an
excepted territory NFFE under Regulations section
1.1472-1(c)) with one or more substantial U.S. owners in
Part XXVI, you must identify each substantial U.S. owner.
Provide the name, address, and TIN of each substantial
U.S. owner in the relevant column. You may attach this
information on a separate statement, which remains
subject to the same perjury statement and other
Special Instructions
Hybrid Entity Making a Claim of Treaty Benefits
If you are a hybrid entity making a claim for treaty benefits
as a resident on your own behalf, you may do so as
permitted under an applicable tax treaty. You should
complete this Form W-8BEN-E to claim treaty benefits in
the manner described in the instructions for Part III and
complete Part I to the extent indicated below. Note that
you should not complete line 5 indicating your chapter 4
status unless you are a disregarded entity that is treated
as the payee for chapter 4 purposes.
certifications made in Part XXX. If you are reporting
controlling U.S. persons (as defined in an applicable IGA)
to a Model 1 FFI or reporting Model 2 FFI with which you
maintain an account that requests such ownership
information with this form, you may use this space or
attach a separate statement to report such persons.
Part XXX – Certification
If you are a flow-through entity claiming treaty benefits
on a payment that is a withholdable payment, you should
also provide Form W-8IMY along with a withholding
statement (if required) establishing the chapter 4 status of
each of your partners or owners. Allocation information is
not required on this withholding statement unless one or
more partners or owners are subject to chapter 4
withholding (such as a nonparticipating FFI). If you are a
disregarded entity claiming treaty benefits on a payment
that is a withholdable payment, unless you are treated as
the payee for chapter 4 purposes and have your own
GIIN, your single owner should provide Form W-8BEN-E
or Form W-8BEN (as applicable) to the withholding agent
along with this form. You or the withholding agent may use
line 10 to inform the withholding agent to associate the
two forms.
Form W-8BEN-E must be signed and dated by an
authorized representative or officer of the beneficial
owner, participating payee (for purposes of section
6050W), or account holder of an FFI requesting this form.
You must check the box to certify that you have the legal
capacity to sign for the entity identified on line 1 that is the
beneficial owner of the income. If Form W-8BEN-E is
completed by an agent acting under a duly authorized
power of attorney, the form must be accompanied by the
power of attorney in proper form or a copy thereof
specifically authorizing the agent to represent the principal
in making, executing, and presenting the form. Form
2848, Power of Attorney and Declaration of
Representative, may be used for this purpose. The agent,
as well as the beneficial owner, payee, or account holder
(as applicable), may incur liability for the penalties
provided for an erroneous, false, or fraudulent form. By
signing Form W-8BEN-E, the authorized representative,
officer, or agent of the entity also agrees to provide a new
form within 30 days following a change in circumstances
affecting the correctness of the form.
Line 1. Enter your legal name (determined by reference
to your legal identity in your country of incorporation or
organization).
Line 2. Enter the country under whose laws you are
created, organized, or governed.
A withholding agent may allow you to provide this form
with an electronic signature. The electronic signature must
indicate that the form was electronically signed by a
person authorized to do so (for example, with a time and
Line 3. Leave this line blank. For purposes of completing
this form as a hybrid entity making a treaty claim
-16-
Instructions for Form W-8BEN-E (Rev. 10-2021)
(including a disregarded entity), you are treated as the
beneficial owner and should be identified on line 1.
of the Country B IGA in order to fulfil its due diligence and
documentation requirements under the Country B IGA.
Line 4. Check the box that applies among disregarded
entity, partnership, grantor trust, or simple trust. You must
also check the box indicating that you are a hybrid making
a treaty claim and complete Part III.
You may also provide with this form an applicable IGA
certification if you are determining your chapter 4 status
under the definitions provided in an applicable IGA and
your certification identifies the jurisdiction that is treated
as having an IGA in effect and describes your status as an
NFFE or FFI in accordance with the applicable IGA.
However, if you determine your status under an applicable
IGA as an NFFE, you must still determine if you are an
excepted NFFE under the Regulations in order to
complete this form unless you are provided an alternative
certification by an FFI described in the preceding
paragraph that covers your certification as an NFFE (such
as “active NFFE”) as defined in an applicable IGA.
Additionally, you are required to comply with the
Line 5. Leave this line blank, except in the circumstances
described above.
Lines 6, 7, and 8. Complete lines 6, 7, and 8 as provided
in the specific instructions, earlier.
Line 9b. If your country of residence for tax purposes has
issued you a tax identifying number, enter it here. Do not
enter the tax identifying number of your owner(s).
Line 10. This reference line is used to associate this
Form W-8BEN-E with another applicable withholding
certificate or other documentation provided for purposes
of chapter 4. For example, if you are a partnership making
a treaty claim, you may want to provide information for the
withholding agent to associate this Form W-8BEN-E with
the Form W-8IMY and owner documentation you provide
for purposes of establishing the chapter 4 status of your
owner(s).
conditions of your status under the law of the IGA
jurisdiction to which you are subject if you are determining
your status under that IGA. If you cannot provide the
certifications in Parts IV through XXVIII, or if you are a
nonprofit entity that meets the definition of “active NFFE”
under the applicable IGA, do not check a box on line 5.
However, if you determine your status under the
definitions of the IGA and can certify to a chapter 4 status
included on this form, you do not need to provide the
certifications described in this paragraph unless required
by the FFI to whom you are providing this form.
You must complete Parts III and XXX in accordance
with the specific instructions above. Complete Part II if
applicable.
Any certifications provided under an applicable IGA
remain subject to the penalty of perjury statement and
other certifications made in Part XXX.
Foreign Reverse Hybrid Entities
A foreign reverse hybrid entity should only file a Form
W-8BEN-E for payments for which it is not claiming treaty
benefits on behalf of its owners and must provide a
chapter 4 status when it is receiving a withholdable
payment. A foreign reverse hybrid entity claiming treaty
benefits on behalf of its owners should provide the
withholding agent with Form W-8IMY (including its
chapter 4 status when receiving a withholdable payment)
along with a withholding statement and Forms W-8BEN or
W-8BEN-E (or documentary evidence to the extent
permitted) on behalf of each of its owners claiming treaty
benefits. See Form W-8IMY and accompanying
instructions for more information.
Entities Providing Alternate or Additional
Certifications Under Regulations
If you qualify for a status that is not shown on this form,
you may attach applicable certifications for such status
from any other Form W-8 on which the relevant
certifications appear. If the applicable certifications do not
appear on any Form W-8 (if, for example, new regulations
provide for an additional status and this form has not been
updated to incorporate the status) then you may provide
an attachment certifying that you qualify for the applicable
status described in a particular Regulations section.
Include a citation to the applicable provision in the
Regulations. Any such attached certification becomes an
integral part of this Form W-8BEN-E and is subject to the
penalty of perjury statement and other certifications made
in Part XXX.
Entities Providing Certifications
Under an Applicable IGA
An FFI in an IGA jurisdiction with which you have an
account may provide you with a chapter 4 status
certification other than as shown in Parts IV through XXVIII
in order to satisfy its due diligence requirements under the
applicable IGA. In such a case, you may attach the
alternative certification to this Form W-8BEN-E in lieu of
completing a certification otherwise required in Parts IV
through XXVIII provided that you: (1) determine that the
certification accurately reflects your status for chapter 4
purposes or under an applicable IGA; and (2) the
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.
withholding agent provides a written statement to you that
it has provided the certification to meet its due diligence
requirements as a participating FFI or registered
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
deemed-compliant FFI under an applicable IGA. For
example, Entity A organized in Country A holds an
account with an FFI in Country B. Country B has a Model
1 IGA in effect. The FFI in Country B may ask Entity A to
provide a chapter 4 status certification based on the terms
information are confidential, as required by section 6103.
Instructions for Form W-8BEN-E (Rev. 10-2021)
-17-
The time needed to complete and file this form will vary
depending on individual circumstances. The estimated
average time is: Recordkeeping, 12 hr., 40 min.;
Learning about the law or the form, 4 hr., 17 min.;
Preparing and sending the form, 8 hr., 16 min.
simpler, we would be happy to hear from you. You can
can write to the Internal Revenue Service, Tax Forms and
Publications, 1111 Constitution Ave. NW, IR-6526,
Washington, DC 20224. Do not send Form W-8IMY to this
office. Instead, give it to your withholding agent.
If you have comments concerning the accuracy of
these time estimates or suggestions for making this form
-18-
Instructions for Form W-8BEN-E (Rev. 10-2021)
Index
Part III – Claim of Tax Treaty
Benefits 10
A
Limitation on benefits treaty
provisions 11
Account That Is Not a Financial
Account 8
E
Entities Providing Alternate or
Additional
Certifications Under
Regulations 17
Entities Providing Certifications
Part IX – Certain Investment Entities
That Do Not Maintain Financial
Accounts 13
F
FFIs Covered by an IGA and Related
Entities 8
B
Broker transactions or barter
exchanges 16
Parts IV Through XXVIII –
Certification of Chapter 4
Status 13
G
D
IGA 13
Definitions 4
Part V – Certified Deemed-Compliant
H
Part VI – Certified
Hybrid Entity Making a Claim of
Treaty Benefits:
Deemed-Compliant FFI With Only
GIIN 6
Part VII – Certified
Deemed-Compliant Sponsored,
Closely
Part VIII – Certified
Deemed-Compliant
Limited Life Debt
N
Non-Profit Organizations Covered by
Intergovernmental agreement
(IGA) 6
Part XIII – Foreign Government,
Government of a U.S. Possession,
or Foreign Central Bank of
Issue 14
Payee 6
P
Part I Identification
Part I Identification of Beneficial
Owner:
Payment settlement entity
(PSE) 6
Publicly Traded Partnership
(PTP) 6
Part XIV – International
Organization 14
Transfer 7
Part II – Disregarded Entity
Part XIX – Excepted Nonfinancial
Transferee 7
Transferor 7
-19-
Part X – Owner-Documented FFI (Cont.)
Part XXIV – Excepted Territory
NFFE 15
S
Part XV – Exempt Retirement
Plans 14
Hybrid Entity Making a Claim of
Part XXIX – Substantial U.S.
Part XVI – Entity Wholly Owned
W
Part XXVII – Excepted
Part XVIII – Excepted
Line 14, claim of tax treaty
benefits 1
Part XXVIII – Sponsored
Part XVII – Territory
Line 15, special rates and
conditions 1
Part XX – Excepted Nonfinancial
Entity in Liquidation or
Bankruptcy 15
Note 15
Who Must Provide Form
W-8BEN-E 2
Note 15
Giving Form W-8BEN-E to the
When to provide Form W-8BEN-E
Note 4
Purpose of Form:
Part XXIII – Publicly-Traded
NFFE or NFFE Affiliate of
R
Reminder 1
Part XXII – Nonprofit
Organization 15
-20-