Zvoľ jazyk

Formulár W-8BEN-E inštrukcie

Pokyny pre formulár W-8BEN-E, Certifikát subjektov Stav Beneficial Majiteľ pre Spojené štáty Tax so zrážkou a reportingom (Entities)

Rev. Október 2021

Súvisiace formuláre

  • Formulár W-8 BEN-E - Osvedčenie o subjektoch Stav Beneficial Majiteľ pre daň z Spojených štátov so zrážkou a reportingom (Entities)
Podrobnosti
Formát súboru PDF
Veľkosť 293.6 KB
Stiahnuť ▼
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  
instructions for Line 9c.  
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  
certificates. See Certification in Part XXX, later, and  
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  
or after January 1, 2023. See Notice 2021-51, 2021-36  
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  
instructions, see Definitions, later.  
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  
section 1.892-2T. See the instructions for Line 4, later.  
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  
behalf. See Foreign Reverse Hybrid Entities,later.  
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  
Claim of Treaty Benefits under Special Instructions, later.  
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  
Treaty Benefits under Special Instructions, later.  
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  
an Applicable IGA under Special Instructions, later.  
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  
SS-4. For more information, visit IRS.gov/EIN.  
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  
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  
Applicable IGA under Special Instructions, later.  
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.  
See instructions for Line 9a for when a GIIN is required  
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  
an Applicable IGA under Special Instructions, later.  
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  
send us comments from IRS.gov/FormComments. You  
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  
Withholding agent 7  
Part III – Claim of Tax Treaty  
Benefits 10  
A
Limitation on benefits treaty  
provisions 11  
Account That Is Not a Financial  
Account 8  
Line 10 10  
Line 6 9  
E
Entities Providing Alternate or  
Additional  
Line 14a 10  
Line 14b 10  
Certifications Under  
Line 14c 12  
Line 7 9  
Regulations 17  
Line 15 12  
Line 8 9  
Entities Providing Certifications  
Under an Applicable IGA 17  
Part IV – Sponsored FFI 13  
Line 16 13  
Line 9a 9  
Line 9b 9  
Line 17 13  
Line 9c 10  
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  
Line 23 13  
Foreign Reverse Hybrid Entities 17  
Parts IV Through XXVIII –  
Certification of Chapter 4  
Status 13  
G
D
General Instructions 1  
Purpose of Form 1  
IGA 13  
Definitions 4  
Part V – Certified Deemed-Compliant  
Nonregistering Local Bank 13  
Line 18 13  
Account holder 4  
Amount realized 4  
Beneficial owner 4  
Chapter 3 5  
H
Part VI – Certified  
Hybrid Entity Making a Claim of  
Treaty Benefits:  
Line 1 16  
Deemed-Compliant FFI With Only  
Low-Value Accounts 13  
Line 19 13  
Chapter 4 5  
Chapter 4 status 5  
Deemed-compliant FFI 5  
Disregarded entity 5  
Financial account 5  
Financial institution 5  
Fiscally transparent entity 5  
Flow-through entity 6  
Foreign financial institution (FFI) 5  
Foreign person 6  
GIIN 6  
Line 10 17  
Part VII – Certified  
Deemed-Compliant Sponsored,  
Closely  
Line 2 16  
Line 3 16  
Line 4 17  
Held Investment Vehicle 13  
Line 20 13  
Line 5 17  
Line 9b 17  
Line 21 13  
Lines 6, 7, and 8 17  
Part VIII – Certified  
Deemed-Compliant  
Limited Life Debt  
N
Hybrid entity 6  
Investment Company 13  
Line 22 13  
Non-Profit Organizations Covered by  
an IGA 8  
Intergovernmental agreement  
(IGA) 6  
Part XIII – Foreign Government,  
Government of a U.S. Possession,  
or Foreign Central Bank of  
Issue 14  
Nonparticipating FFI 6  
Nonreporting IGA FFI 6  
Participating FFI 6  
Participating payee 6  
Payee 6  
P
Paperwork Reduction Act Notice. 17  
Part I Identification  
of Beneficial Owner 7  
Part I Identification of Beneficial  
Owner:  
Line 27 14  
Part XII – Nonreporting IGA FFI 14  
Line 26 14  
Payment settlement entity  
(PSE) 6  
Part XI – Restricted Distributor 14  
Line 25a 14  
PTP interest 6  
Line 1 7  
Publicly Traded Partnership  
(PTP) 6  
Line 2 7  
Lines 25b and 25c 14  
Part XIV – International  
Organization 14  
Line 3 8  
Qualified intermediary (QI) 6  
Recalcitrant account holder. 6  
Reverse hybrid entity 7  
Specified U.S. person 7  
Substantial U.S. owner 7  
Transfer 7  
Line 4 8  
Line 5 8  
Line 28a 14  
Part II – Disregarded Entity  
or Branch Receiving Payment 10  
Line 12 10  
Line 28b. 14  
Part XIX – Excepted Nonfinancial  
Start-Up Company 14  
Line 33 14  
Line 13 10  
Transferee 7  
Part X – Owner-Documented FFI 13  
Line 24a 13  
Transferor 7  
U.S. person 7  
Line 24b. 13  
Withholdable payment 7  
-19-  
Part X – Owner-Documented FFI (Cont.)  
Line 24c 13  
Part XXIV – Excepted Territory  
NFFE 15  
Line 24d. 13  
S
Part XV – Exempt Retirement  
Plans 14  
Line 38 15  
Special Instructions 16  
Hybrid Entity Making a Claim of  
Treaty Benefits 16  
Part XXIX – Substantial U.S.  
Owners of Passive NFFE 16  
Part XXV – Active NFFE 15  
Line 39 15  
Lines 29a, b, c, d, e, and f. 14  
Part XVI – Entity Wholly Owned  
by Exempt Beneficial Owners 14  
Line 30 14  
W
Part XXVII – Excepted  
Inter-Affiliate FFI 15  
Line 41 15  
What's New 1  
Part XVIII – Excepted  
Nonfinancial Group Entity 14  
Line 32 14  
Electronic signature 1  
Guidance under section 1446(f) 1  
Line 14, claim of tax treaty  
benefits 1  
Part XXVIII – Sponsored  
Direct Reporting NFFEs 16  
Lines 42 and 43 16  
Part XXVI – Passive NFFE 15  
Line 40a 15  
Part XVII – Territory  
Financial Institution 14  
Line 31 14  
Line 15, special rates and  
conditions 1  
Part XX – Excepted Nonfinancial  
Entity in Liquidation or  
Bankruptcy 15  
New Line 9c 1  
Note 15  
Section 6050Y reporting 1  
Who Must Provide Form  
W-8BEN-E 2  
Line 40b 15  
Line 34 15  
Line 40c 15  
Part XXI – 501(c) Organization 15  
Line 35 15  
Note 15  
Change in circumstances 4  
Do not use Form W-8BEN-E 3  
Expiration of Form W-8BEN-E 4  
Giving Form W-8BEN-E to the  
withholding agent 3  
When to provide Form W-8BEN-E  
to the withholding agent 3  
Note 4  
Part XXX – Certification 16  
Purpose of Form:  
Part XXIII – Publicly-Traded  
NFFE or NFFE Affiliate of  
a Publicly-Traded Corporation 15  
Line 37a 15  
Additional information 2  
R
Line 37b 15  
Reminder 1  
Part XXII – Nonprofit  
Organization 15  
Line 36 15  
-20-