Instructions For Form W-8BEN-E: (Rev. October 2021)
Instructions For Form W-8BEN-E: (Rev. October 2021)
Instructions For Form W-8BEN-E: (Rev. October 2021)
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 obtain an FTIN from their jurisdiction of residence. See the
unless otherwise noted. instructions for Line 9c.
Section 6050Y reporting. These instructions have been
Future Developments updated to reference the use of this form by an entity
(other than a partnership, simple trust, or grantor trust)
For the latest information about developments related to
that is a foreign seller of a life insurance contract or that is
Form W-8BEN-E and its instructions, such as legislation
a foreign person and a recipient of a reportable death
enacted after they were published, go to IRS.gov/
benefit for purposes of reporting under section 6050Y.
FormW8BENE.
Line 14, claim of tax treaty benefits. The instructions
What's New for this line have been updated to include a representation
required by entities that are resident in a foreign country
Guidance under section 1446(f). The Tax Cuts and that has entered into an income tax treaty with the United
Jobs Act (TCJA), added section 1446(f), which generally States that does not contain a limitation on benefits (LOB)
requires that if the gain on any disposition of an interest in article.
a partnership would be treated under section 864(c)(8) as
Line 15, special rates and conditions. The instructions
effectively connected gain, the transferee purchasing an
for this line have been updated to include representations
interest in such a partnership from a non-U.S. transferor
required by entities claiming treaty benefits on business
must withhold a tax equal to 10% of the amount realized
profits or gains not attributable to a permanent
on the disposition unless an exception to withholding
establishment, including for a foreign partner that derives
applies. T.D. 9926, published on November 30, 2020 (84
gain subject to tax under section 864(c)(8) upon the
FR 76910), contains final regulations (“the section 1446(f)
transfer of an interest in a partnership and that would be
regulations”) relating to the withholding and reporting
subjected to withholding under section 1446(f) on the
required under section 1446(f), including for transfers of
transfer.
interests in publicly traded partnerships (“PTPs”).
Withholding on transfers of interests in PTPs and the Electronic signature. These instructions have been
revisions included in the section 1446(f) regulations updated to include additional guidance included in the
relating to withholding on PTP distributions under section final regulations issued under chapter 3 (T.D. 9890)
1446(a) apply to transfers and distributions that occur on concerning the use of electronic signatures on withholding
or after January 1, 2023. See Notice 2021-51, 2021-36 certificates. See Certification in Part XXX, later, and
I.R.B. 361, for more information. The provisions in the Regulations section 1.1441-1(e)(4)(i)(B).
section 1446(f) regulations relating to withholding and
reporting on transfers of interests in partnerships that are Reminder
not PTPs generally apply to transfers occurring after
January 29, 2021. These instructions have been updated Note. If you are a resident in a FATCA partner jurisdiction
to incorporate the use of this form by certain entities that (that is, a Model 1 IGA jurisdiction with reciprocity), certain
are transferors of an interest in a partnership subject to tax account information may be provided to your
withholding on the amount realized from the transfer. See jurisdiction of residence.
Pub. 515 for an additional discussion of section 1446(f)
withholding, including the effective dates of each
provision.
General Instructions
Line 4. Line 4, “Type of entity,” has been updated. The For definitions of terms used throughout these
general classification for foreign government has been instructions, see Definitions, later.
removed and replaced with the two possible
classifications for a foreign government: (i) an integral part Purpose of Form
of a foreign government; or (ii) an entity that is controlled This form is used by foreign entities to document their
by a foreign government. See Temporary Regulations statuses for purposes of chapter 3 and chapter 4, as well
section 1.892-2T. See the instructions for Line 4, later. 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 Foreign persons are subject to U.S. tax at a 30% rate
provide a foreign tax identification number (FTIN) on on income they receive from U.S. sources that consists of:
line 9b, to indicate that they are not legally required to • Interest (including certain original issue discount (OID));
Certain foreign insurance companies issuing account maintained by an FFI covered by a Model 1 or
! annuities or cash value insurance contracts that Model 2 IGA with respect to the account, the definition of
CAUTION elect to be treated as a U.S. person for federal tax account holder in an applicable IGA to determine if you
purposes but are not licensed to do business in the United are the account holder. If you hold an account with an FFI
States are treated as FFIs for purposes of chapter 4. For and are unsure whether the definition of “account holder”
purposes of providing a withholding agent with under an IGA is applicable to your account, consult with
documentation for both chapter 3 and chapter 4 purposes, the FFI requesting this form.
however, such an insurance company is permitted to use
Form W-9 to certify its status as a U.S. person. Likewise, Line 2. If you are a corporation, enter your country of
a foreign branch of a U.S. financial institution (other than a incorporation. If you are another type of entity, enter the
branch that operates as a qualified intermediary) that is country under whose laws you are created, organized, or
treated as an FFI under an applicable IGA is permitted to governed.
Part XII – Nonreporting IGA FFI Line 28b. If you are an international organization other
than an international organization described on line 28a,
Line 26. Check the box to indicate that you are treated as you must check the box to certify that you satisfy all of the
a nonreporting IGA FFI. You must identify the IGA by requirements for this status.
entering the name of the jurisdiction that has the IGA
treated as in effect with the United States, and indicate Part XV – Exempt Retirement Plans
whether it is a Model 1 or Model 2 IGA. You must also
Lines 29a, b, c, d, e, and f. ,
provide the withholding agent with the specific category of
FFI described in Annex II of the IGA. In providing the If you are an exempt retirement plan you must check
specific category of FFI described in Annex II, you should the appropriate box to certify that you meet all of the
use the language from Annex II that best and most requirements for this status.
specifically describes your status. For example, indicate
“investment entity wholly owned by exempt beneficial
Part XVI – Entity Wholly Owned
owners” rather than “exempt beneficial owner.” If you are by Exempt Beneficial Owners
a nonreporting IGA FFI claiming a deemed-compliant
Line 30. If you are an entity wholly owned by exempt
status under the regulations, you must instead indicate on
beneficial owners you must check the box to certify that
this line which section of the regulations you qualify under.
you meet all of the requirements for this status. You must
If you are a nonreporting financial institution under an also provide the owner documentation described in this
applicable IGA because you qualify as an line establishing that each of your direct owners or debt
owner-documented FFI under the regulations, do not holders is an exempt beneficial owner described in
check “Nonreporting IGA FFI.” Instead, you must check Regulations section 1.1471-6(b).
“Owner-documented FFI” and complete Part X rather than
this Part XII. Part XVII – Territory
See instructions for Line 9a for when a GIIN is required Financial Institution
for a nonreporting IGA FFI (including a trustee of a
trustee-documented trust that is a foreign person). Line 31. If you are a territory financial institution you must
check the box to certify that you meet all of the
Part XIII – Foreign Government, requirements for this status.
Government of a U.S. Possession, or Part XVIII – Excepted
Foreign Central Bank of Issue Nonfinancial Group Entity
Line 27. If you are a foreign government or political Line 32. If you are an excepted nonfinancial group entity
subdivision of a foreign government (including wholly you must check the box to certify that you meet all of the
owned agencies and instrumentalities thereof), 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) Part XIX – Excepted Nonfinancial
you must check the box and certify that you meet all of the
requirements for this status (including that you do not Start-Up Company
engage in the type of commercial financial activities Line 33. If you are an excepted nonfinancial start-up
described on this line except to the extent permitted under company you must check the box to certify that you meet
Regulations section 1.1471-6(h)(2)). all of the requirements for this status. You must also
Line 34. If you are an excepted nonfinancial group entity Part XXV – Active NFFE
in liquidation or bankruptcy you must check the box to Line 39. If you are an active NFFE you must check the
certify that you meet all of the requirements for this status. box to certify that you meet all of the requirements for this
You must also provide the date that you filed a plan of status, including the assets and passive income test
liquidation, plan of reorganization, or bankruptcy petition. described in the certification for this part. For purposes of
Part XXI – 501(c) Organization applying this test, passive income includes dividends,
interest, rents, royalties, annuities, and certain other forms
Line 35. If you are an entity claiming chapter 4 status as of passive income. See Regulations section 1.1472-1(c)
a section 501(c) organization pursuant to Regulations (1)(iv)(A) for additional detail for the definition of passive
section 1.1471-5(e)(5)(v) you must check the box and income. Also see Regulations section 1.1472-1(c)(1)(iv)
provide the date that the IRS issued you a determination (B) for exceptions from the definition of passive income for
letter or provide a copy of an opinion from U.S. counsel certain types of income.
certifying that you qualify as a section 501(c) organization
(without regard to whether you are a foreign private Part XXVI – Passive NFFE
foundation). Line 40a. If you are a passive NFFE you must check the
If you are a section 501(c) organization claiming box to certify that you are not a financial institution and are
TIP an exemption from withholding for purposes of not certifying your status as a publicly-traded NFFE, NFFE
chapter 3, however, use Form W-8EXP. affiliate of a publicly-traded company, excepted territory
NFFE, active NFFE, direct reporting NFFE, or sponsored
Part XXII – Nonprofit Organization direct reporting NFFE.
Line 36. If you are a nonprofit organization (other than an Note. If you would be a passive NFFE but for the fact that
entity claiming chapter 4 status as a section 501(c) you are managed by certain types of financial institutions
organization pursuant to Regulations section 1.1471-5(e) (see Regulations section 1.1471-5(e)(4)(i)(B)), you should
(5)(v)) you must check the box to certify that you meet all not complete line 40a as you would be considered a
of the requirements for this status. financial institution and not a passive NFFE.
Nonprofit organization under an IGA. If you are an If you are an NFFE that may qualify as an active
entity that is established and maintained in a jurisdiction TIP NFFE (or other NFFE described in another part of
that is treated as having in effect an IGA and you are this form), you may still check line 40a and
described in Annex I as a nonprofit organization that is an disclose your substantial U.S. owners or certify that you
Active NFFE, see Entities Providing Certifications Under have no substantial U.S. owners.
an Applicable IGA under Special Instructions, later.
Line 40b. Check this box to certify that you have no
Part XXIII – Publicly-Traded substantial U.S. owners.
NFFE or NFFE Affiliate of Line 40c. If you do not check the box and make the
a Publicly-Traded Corporation certification on line 40b, you must check this box 40c and
complete Part XXIX to identify and provide the name,
Line 37a. If you are a publicly-traded NFFE you must address, and TIN of each of your substantial U.S. owners.
check the box to certify that you are not a financial
institution and provide the name of a securities exchange Note. If you are an NFFE that is providing Form
on which your stock is publicly traded. 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
Line 37b. If you are an NFFE that is a member of the
report controlling U.S. persons (as defined in an
same expanded affiliated group as a publicly-traded U.S.
applicable IGA). The references to “controlling U.S.
or foreign entity you must check this box, provide the
persons” in this part and Part XXIX apply only if the form is
name of the publicly-traded entity, and identify the
being provided to an FFI treated as a reporting Model 1
securities market on which the stock of the publicly-
FFI or reporting Model 2 FFI.
traded entity is traded. See Regulations section
1.1472-1(c)(1)(i) to determine if the stock of an entity is Part XXVII – Excepted
regularly traded on an established securities market
(substituting the term “U.S. entity” for “NFFE,” as Inter-Affiliate FFI
appropriate, for purposes of testing whether an entity is Line 41. If you are an excepted inter-affiliate FFI you
publicly traded). 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
Foreign Reverse Hybrid Entities Any certifications provided under an applicable IGA
remain subject to the penalty of perjury statement and
A foreign reverse hybrid entity should only file a Form
other certifications made in Part XXX.
W-8BEN-E for payments for which it is not claiming treaty
benefits on behalf of its owners and must provide a Entities Providing Alternate or Additional
chapter 4 status when it is receiving a withholdable
Certifications Under Regulations
payment. A foreign reverse hybrid entity claiming treaty
benefits on behalf of its owners should provide the If you qualify for a status that is not shown on this form,
withholding agent with Form W-8IMY (including its you may attach applicable certifications for such status
chapter 4 status when receiving a withholdable payment) from any other Form W-8 on which the relevant
along with a withholding statement and Forms W-8BEN or certifications appear. If the applicable certifications do not
W-8BEN-E (or documentary evidence to the extent appear on any Form W-8 (if, for example, new regulations
permitted) on behalf of each of its owners claiming treaty provide for an additional status and this form has not been
benefits. See Form W-8IMY and accompanying updated to incorporate the status) then you may provide
instructions for more information. an attachment certifying that you qualify for the applicable
status described in a particular Regulations section.
Entities Providing Certifications Include a citation to the applicable provision in the
Under an Applicable IGA Regulations. Any such attached certification becomes an
integral part of this Form W-8BEN-E and is subject to the
An FFI in an IGA jurisdiction with which you have an
penalty of perjury statement and other certifications made
account may provide you with a chapter 4 status
in Part XXX.
certification other than as shown in Parts IV through XXVIII
in order to satisfy its due diligence requirements under the Paperwork Reduction Act Notice. We ask for the
applicable IGA. In such a case, you may attach the information on this form to carry out the Internal Revenue
alternative certification to this Form W-8BEN-E in lieu of laws of the United States. You are required to provide the
completing a certification otherwise required in Parts IV information. We need it to ensure that you are complying
through XXVIII provided that you: (1) determine that the with these laws and to allow us to figure and collect the
certification accurately reflects your status for chapter 4 right amount of tax.
purposes or under an applicable IGA; and (2) the
withholding agent provides a written statement to you that You are not required to provide the information
it has provided the certification to meet its due diligence requested on a form that is subject to the Paperwork
requirements as a participating FFI or registered Reduction Act unless the form displays a valid OMB
deemed-compliant FFI under an applicable IGA. For control number. Books or records relating to a form or its
example, Entity A organized in Country A holds an instructions must be retained as long as their contents
account with an FFI in Country B. Country B has a Model may become material in the administration of any Internal
1 IGA in effect. The FFI in Country B may ask Entity A to Revenue law. Generally, tax returns and return
provide a chapter 4 status certification based on the terms information are confidential, as required by section 6103.
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Part X – Owner-Documented FFI (Cont.)
Line 24c 13 Part XXIV – Excepted Territory
Line 24d. 13 NFFE 15 S
Part XV – Exempt Retirement Line 38 15 Special Instructions 16
Plans 14 Part XXIX – Substantial U.S. Hybrid Entity Making a Claim of
Lines 29a, b, c, d, e, and f. 14 Owners of Passive NFFE 16 Treaty Benefits 16
Part XVI – Entity Wholly Owned Part XXV – Active NFFE 15
by Exempt Beneficial Owners 14 Line 39 15
Line 30 14 Part XXVII – Excepted W
Part XVIII – Excepted Inter-Affiliate FFI 15 What's New 1
Nonfinancial Group Entity 14 Line 41 15 Electronic signature 1
Line 32 14 Part XXVIII – Sponsored Guidance under section 1446(f) 1
Part XVII – Territory Direct Reporting NFFEs 16 Line 14, claim of tax treaty
Financial Institution 14 Lines 42 and 43 16 benefits 1
Line 31 14 Part XXVI – Passive NFFE 15 Line 15, special rates and
Part XX – Excepted Nonfinancial Line 40a 15 conditions 1
Entity in Liquidation or Note 15 New Line 9c 1
Bankruptcy 15 Line 40b 15 Section 6050Y reporting 1
Line 34 15 Line 40c 15 Who Must Provide Form
Part XXI – 501(c) Organization 15 Note 15 W-8BEN-E 2
Line 35 15 Part XXX – Certification 16 Change in circumstances 4
Part XXIII – Publicly-Traded Purpose of Form: Do not use Form W-8BEN-E 3
NFFE or NFFE Affiliate of Additional information 2 Expiration of Form W-8BEN-E 4
a Publicly-Traded Corporation 15 Giving Form W-8BEN-E to the
Line 37a 15 withholding agent 3
Line 37b 15 R When to provide Form W-8BEN-E
Part XXII – Nonprofit Reminder 1 to the withholding agent 3
Organization 15 Note 4
Line 36 15
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