U. S. Business Income Tax Return

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Instructions for
Form W-8BEN-E

Department of the Treasury
Internal Revenue Service

(Rev. April 2016)

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.

General Instructions

Future Developments

For definitions of terms used throughout these
instructions, see Definitions, later.

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 www.irs.gov/
formw8bene.

Purpose of Form

What's New
Limitation on benefits (LOB) for treaty claims. In
order to claim treaty benefits, an entity must not only be a
resident of the treaty country but also derive and
beneficially own the item of income as well as satisfy the
limitation on benefits (LOB) article of that treaty, if any.
New checkboxes have been added to Part III (Claim of
Tax Treaty Benefits) for each of the main tests that can be
met to satisfy an LOB provision. A taxpayer is required to
check the relevant box associated with the LOB test it
meets with respect to the treaty benefits associated with
this form, or to check a box that it has obtained a
favorable discretionary determination from the U.S.
competent authority that it qualifies for the treaty benefits
associated with this form.
Accounts that are not financial accounts. A new
checkbox has been added to the chapter 4 statuses in
line 5 for payments made to payees for accounts they
hold that are not financial accounts under Regulations
section 1.1471-5(b)(2).
Nonreporting IGA FFIs. The instructions for how
nonreporting IGA FFIs should properly document
themselves on this form and certify to their status have
been revised to coordinate qualification for such status
under the IGA with the chapter 4 regulations. An FFI that
meets the requirements of both a nonreporting IGA FFI
under the IGA and a deemed-compliant FFI status under
the regulations should certify as a nonreporting IGA FFI,
unless such entity meets the requirements for
owner-documented FFI status for payments associated
with this form, in which case it should certify to that status
under the regulations only by completing Part X of the
form.

Reminder
Note. If you are a resident in a FATCA partner jurisdiction
(i.e., a Model 1 IGA jurisdiction with reciprocity), certain
tax account information may be provided to your
jurisdiction of residence.

Apr 13, 2016

This form is used by foreign entities to document their
status for purposes of chapter 3 and chapter 4, as well as
for certain other Code provisions as described later in
these instructions.
Foreign persons are subject to U.S. tax at a 30% rate
(the foreign-person withholding rate) on income they
receive from U.S. sources that consists of:
Interest (including certain original issue discount (OID));
Dividends;
Rents;
Royalties;
Premiums;
Annuities;
Compensation for, or in expectation of, services
performed;
Substitute payments in a securities lending transaction;
or
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.
In addition, section 1446 requires a partnership
conducting a trade or business in the United States to
withhold tax on a foreign partner’s distributive share of the
partnership’s effectively connected taxable income.
Generally, a foreign person that is a partner in a
partnership that submits a Form W-8 for purposes of
section 1441 or 1442 will satisfy the documentation
requirements under section 1446 as well. However, in
some cases the documentation requirements of sections
1441 and 1442 do not match the documentation
requirements of section 1446. See Regulations sections
1.1446-1 through 1.1446-6. Further, the owner of a
disregarded entity, rather than the disregarded entity
itself, submits the appropriate Form W-8 for purposes of
section 1446.
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

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that you provide this Form W-8BEN-E in order to
document your chapter 4 status.

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:
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 that is
eligible for treaty benefits.

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.

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 such an
entity maintaining an account with an FFI requesting this
form.

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).

Do not use Form W-8BEN-E if you are described
below.
You are 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 disregarded entity, branch, or flow-through
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 only either solely to document your
chapter 4 status (because you hold an account with an
FFI requesting this form) 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 Special Instructions for Hybrid Entities,
later. A flow-through entity may also use this form solely
for purposes of documenting itself as a participating
payee for 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). Note, however, that the single entity owner
may be required to identify the branch (including a
disregarded entity) in Part II of the owner’s Form
W-8BEN-E and, in some cases, provide the legal name of
the disregarded entity in Part I, line 3 (see the specific
instructions for line 3, later). 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.
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)
with regard to a payment of U.S. source substitute

Form W-8BEN-E may also be used to claim exemption
from withholding for portfolio interest pursuant to section
881(c). The portfolio interest exemption does 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.
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:
Broker proceeds.
Short-term (183 days or less) original issue discount
(short-term OID).
Bank deposit interest.
Foreign source interest, dividends, rents, or royalties.
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 (foreign-person withholding
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 (see the instructions for Part I, line 5, of this
form, later). A withholding agent may request this Form
W-8BEN-E to establish your chapter 4 status and avoid
withholding at a 30% rate (the chapter 4 rate) on such
payments. Withholding on withholdable payments under
chapter 4 generally began on July 1, 2014.
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 status 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
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identifying yourself to withholding agents, you may submit
Form W-9 to certify to your U.S. status.

dividends. Instead, provide 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 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 must provide Form W-8ECI. See
Change in circumstances, later.
You are filing for a foreign government, international
organization, foreign central bank of issue, foreign
tax-exempt organization, foreign private foundation, or
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 as
to your exemption and identify your applicable chapter 4
status. However, provide Form W-8BEN-E if you are
claiming treaty benefits, providing this form only to claim
you are a foreign person exempt from backup withholding,
or providing this form solely to document 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 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).
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 withholding foreign partnership or a
withholding foreign trust within the meaning of sections
1441 and 1442 and the accompanying regulations. A
withholding foreign partnership or a withholding foreign
trust is a foreign partnership or trust that has entered into
a withholding agreement with the IRS under which it
agrees to assume primary withholding responsibility for
each partner’s, beneficiary’s, or owner’s distributive share
of income subject to withholding under chapters 3 and 4
that is paid to the partnership or trust. Instead, provide
Form W-8IMY.
You are a foreign partnership or foreign grantor trust
providing documentation for purposes of section 1446.
Instead, provide Form W-8IMY and accompanying
documentation. See Regulations sections 1.1446-1
through 1.1446-6.
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
Instructions for Form W-8BEN-E (Rev. 4-2016)

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 different type of
income. Generally, a separate Form W-8BEN-E must be
given to each withholding agent.
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).
Change in circumstances. If a change in
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 a change in
circumstances for purposes of chapter 3. See Regulations
section 1.1471-3(c)(6)(ii)(E) for the definition of a change
in circumstances for purposes of chapter 4.
With respect to an FFI claiming a chapter 4 status
under an applicable IGA, a change in
CAUTION
circumstances includes when the jurisdiction
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 (e.g., from
Model 2 to Model 1). The list of agreements is maintained
at www.treasury.gov/resource-center/tax-policy/treaties/
Pages/FATCA-Archive.aspx.

!

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
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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
foreign simple trust or foreign grantor trust) is the trust
itself.
For purposes of section 1446, the same beneficial
owner rules apply, except that under section 1446 a
foreign simple trust rather than the beneficiary provides
the form to the partnership.
The beneficial owner of income paid to a foreign estate
is the estate itself.
Note. A payment to a U.S. partnership, U.S. trust, or
U.S. estate is treated as a payment to a U.S. payee that is
not subject to 30% withholding for purposes of chapter 3
and chapter 4. A U.S. partnership, trust, or estate should
provide the withholding agent with a Form W-9. For
purposes of section 1446, a U.S. grantor trust or
disregarded entity shall not provide the withholding agent
a Form W-9 in its own right. Rather, the grantor or other
owner shall provide the withholding agent the appropriate
form.

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 until a change of
circumstances occurs. To determine the period of validity
for Form W-8BEN-E for purposes of chapter 4, see
Regulations section 1.1471-3(c)(6)(ii). To determine the
period of validity for Form W-8BEN-E for purposes of
chapter 3, see Regulations section 1.1441-1(e)(4)(ii).

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
person owning the entity.
Amounts subject to withholding under chapter 3.
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.
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 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).
For purposes of section 1446, the amount subject to
withholding is the foreign partner’s share of the
partnership’s effectively connected taxable income.

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.
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. See Regulations
section 1.1471-1(b) for the definitions of these terms.

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
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
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

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
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 or FFI.
Instead, the owner of such entity provides the appropriate
documentation (for example, a Form W-8BEN-E if the
owner is a foreign entity). See Regulations section
1.1446-1 and section 1.1471-3(a)(3)(v), respectively.
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
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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 (see above)
with respect to the payment by an interest holder’s
jurisdiction.
For purposes of section 1446, a foreign partnership or
foreign grantor trust must submit Form W-8IMY to
establish the partnership or grantor trust as a look-through
entity. The Form W-8IMY may be accompanied by this
form or another version of Form W-8 or Form W-9 to
establish the foreign or domestic status of a partner or
grantor or other owner. See Regulations section 1.1446-1.

document the chapter 4 status of the disregarded entity
receiving the payment.
Certain entities that are disregarded for U.S. tax
purposes may be treated as a treaty resident for purposes
of claiming treaty benefits under an applicable tax treaty
(see the definition of hybrid entity, later) or may be
recognized as an FFI under an applicable IGA (see
instructions for line 3, later, for when this applies). A
hybrid entity claiming treaty benefits on its own behalf is
required to complete this Form W-8BEN-E. See Hybrid
Entities under Special 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 (i.e., 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.

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 (QI). Generally, a
payment to a U.S. branch of a foreign person is a payment
to a foreign person.

Financial account. A financial account includes:
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.

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.
Hybrid entity. A hybrid entity is any person (other than
an individual) that is treated as fiscally transparent (rather
than as a beneficial owner) for purposes of declaring
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, however,
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
www.treasury.gov/resource-center/tax-policy/treaties/
Pages/FATCA-Archive.aspx.
A Model 1 IGA means an agreement between the U.S.
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
thereof, 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 U.S. 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 thereof and the IRS.
An FFI in a Model 2 IGA jurisdiction that has entered into
an FFI agreement is a participating FFI, but may be
referred to as a reporting Model 2 FFI. The term

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).
Foreign financial institution (FFI). A foreign financial
institution (FFI) generally 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
trust funds, and simple trusts or grantor trusts are
generally considered to be fiscally transparent with
respect to items of income received by them.
Flow-through entity. A flow-through entity is a foreign
partnership (other than a withholding foreign partnership),
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reporting IGA FFI refers to both reporting Model 1 FFIs
and reporting Model 2 FFIs.

information on a reverse hybrid entity making a claim of
treaty benefits on behalf of its owners.

Limited branch. A limited branch means a branch of a
participating FFI that is described in Regulations section
1.1471-4(e)(2).

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).

Nonparticipating FFI. A nonparticipating FFI means an
FFI that is not a participating FFI, deemed-compliant FFI,
or exempt beneficial owner.

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:
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
under sections 671 through 679; or
Holds, directly or indirectly, more than a 10 percent
beneficial interest in a trust.
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).

Participating FFI. A participating FFI is an FFI (including
a reporting Model 2 FFI covered by an FFI agreement)
that has agreed to comply with the terms of an FFI
agreement. The term participating FFI also includes a QI
branch of a U.S. financial institution, unless such branch is
a reporting Model 1 FFI.
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. However, under certain circumstances a person
who receives a payment will not be considered the payee.
For purposes of chapter 3, see Regulations section
1.1441-1(b)(2). For purposes of chapter 4, see
Regulations section 1.1471-3(a)(3).

U.S. person. A U.S. person is defined in section 7701(a)
(30) and includes domestic partnerships, corporations,
and trusts.
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 use Form W-9 to certify its status as a
U.S. person for chapter 3 and chapter 4 purposes.

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 W-8.

!

Qualified intermediary (QI). A qualified intermediary
(QI) (as described in Regulations section 1.1441-1(e)(5)
(ii)) 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 is a QI that has
agreed to certain reporting and withholding requirements
pursuant to Regulations section 1.1441-1(e)(6).

Withholdable payment. Withholding under chapter 4
may apply to payments of U.S. source FDAP income that
are withholdable payments as defined in Regulations
section 1.1473-1(a) to which an exception does not apply
under chapter 4. The exceptions from withholding
provided for under chapter 3 are not applicable when
determining whether withholding applies under chapter 4.
For exceptions applicable to the definition of a
withholdable payment, see Regulations section
1.1473-1(a)(4) (exempting, for example, certain
nonfinancial payments).

Recalcitrant account holder. A recalcitrant account
holder for purposes of chapter 4 includes an entity (other
than an entity required to be treated as a nonparticipating
FFI by the withholding agent) 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 (as defined in Regulations
section 1.1471-5(a)). 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 accompanying instructions for

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
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whether the definition of “account holder” under an IGA is
applicable to your account, consult with the FFI requesting
this form.

intermediary, foreign partnership, and U.S. branches of
certain foreign banks and insurance companies.
For purposes of section 1446, the withholding agent is
the partnership conducting the trade or business in the
United States. For a publicly traded partnership, the
withholding agent may be the partnership, a nominee
holding an interest on behalf of a foreign person, or both.
See Regulations sections 1.1446-1 through 1.1446-6.

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.
Line 3. If you are a disregarded entity receiving a
withholdable payment, enter your name (if required). You
should complete line 3 only if you are a disregarded entity
receiving a withholdable payment or hold an account with
an FFI requesting this form and 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.

Specific Instructions
A hybrid entity should give Form W-8BEN-E on
its own behalf to a withholding agent only for
income for which it is claiming a reduced rate of
withholding under an income tax treaty or to document its
chapter 4 status for purposes of maintaining an account
with an FFI requesting this form (when it is not receiving
withholdable payments or payments subject to chapter 3
withholding). Otherwise, an entity treated as a
flow-through entity should generally provide Form W-8IMY
for chapter 3 or chapter 4 purposes. A reverse hybrid
entity should give Form W-8BEN-E on its own behalf to a
withholding agent only for income for which no treaty
benefit is being claimed or to establish its status for
chapter 4 purposes (when required). See the special
instructions for hybrid entities and reverse hybrid entities
below. However, a flow-through entity may provide this
Form W-8BEN-E to document its foreign status as a
participating payee receiving a payment for purposes of
section 6050W.

TIP

If you are not required to provide the legal name
of the disregarded entity, however, you may want
CAUTION
to notify the 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. However, do not enter the name of the
disregarded entity on this line 3 except in the
circumstances described.

!

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 the treaty country). However, 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
(and you are not receiving a withholdable payment), 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. See Hybrid entities under Special
Instructions, later. 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 (as defined in Regulations section
1.1441-1(e)(3)(vi)) or (2) you are using this form solely for
purposes of documenting your status as the 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 for this purpose. However, if you are
receiving withholdable payments or reportable amounts
(as defined in Regulations section 1.1441-1(e)(3)(vi)), you
are required to provide Form W-8IMY and a withholding
statement (if applicable) or a Form W-8 or W-9, as
appropriate, if you are a disregarded entity with a single
owner with respect to such payments.

Part I – Identification
of Beneficial Owner
Line 1. Enter your name. If you are a disregarded entity
or branch, do not enter the business name of the
disregarded entity or branch here. Instead, enter the legal
name of the entity that owns the disregarded entity
(looking through multiple disregarded entities if
applicable) or maintains the branch. If you are a
disregarded entity that is a hybrid entity filing a treaty
claim, however, see Hybrid entities under Special
Instructions, later.
If you are an account holder (see Definitions,
earlier or, in the case of an account holder of an
account maintained by an FFI covered by a
Model 1 or Model 2 IGA with respect to the account, an
applicable IGA) providing this form to an FFI solely for
purposes of documenting 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”.

TIP

The holder of an account is not always the
account holder for purposes of chapter 4. See
CAUTION
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

!

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residence should check nonparticipating FFI in line 5. An
FFI that is related to a reporting IGA FFI and that is a
participating FFI, deemed-compliant FFI, or exempt
beneficial owner under the U.S. Treasury regulations or
an applicable IGA should check the appropriate box for its
chapter 4 status.

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. Use Form W-8EXP to document your exemption and
chapter 4 status if you are claiming an exemption from
withholding under section 501(c).

!

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/resource-center/tax-policy/
treaties/Pages/FATCA-Archive.aspx for a list of
jurisdictions treated as having an IGA in effect.

Line 5. Check the one box that applies to your chapter 4
status. You are not required to provide a chapter 4 status
if you are providing this form with respect to a preexisting
entity account (as described in Regulations section
1.1471-1(b)(102)) prior to July 1, 2016. Additionally, 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 an 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.

Non-Profit Organizations Covered by an IGA

For purposes of documenting itself as an account holder
of an FFI, a non-profit entity that is established and
maintained in a jurisdiction that is treated as having in
effect a Model 1 IGA or Model 2 IGA, and that meets the
definition of Active NFFE under Annex I of the applicable
IGA, should not check a box for its status on line 5.
Instead, see Entities Providing Certifications Under an
Applicable IGA under Special Instructions, later.

A withholding agent may request your chapter 4
status in advance of this deadline to allow for time
CAUTION
necessary to apply the status in its systems. In
addition, a withholding agent may still request a chapter 4
status notwithstanding the account holder's determination
of its status as a preexisting account for chapter 4
purposes.

!

Account That is Not a Financial Account

If you are providing this form to document an account you
hold with a financial institution that is not a financial
account under Regulations section 1.1471-5(b)(2), check
the“Account that is not a financial account” box on line 5.
Line 6. Enter the permanent residence address of the
entity identified in line 1. Your permanent residence
address is the address in the country where the entity
claims 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 used by the entity and such address
appears in the entity’s organizational documents (i.e.,
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.

For most of the chapter 4 statuses, you are
TIP required to complete an additional part of this
form certifying that you meet the conditions of the
status indicated on line 5 (as defined under Regulations
section 1.1471-5 or 1.1471-6). Make sure you complete
the required portion of this form before signing and
providing it to the withholding agent. See, however,
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. 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 cases, you need not also check your applicable
status under the regulations but should provide your GIIN
on line 9, if applicable. However, an owner documented
FFI that is treated as a nonreporting IGA FFI under an
applicable IGA must check “Owner-documented FFI” and
complete Part X. See the specific instructions for Part XII.
An FFI that is related to a reporting IGA FFI and that is
treated as a nonparticipating FFI in its country of

Line 7. Enter your mailing address only if it is different
from the address you show on line 6.
Line 8. Enter your U.S. employer identification number
(EIN). An EIN is a U.S. 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. See Regulations section 1.1441-1(e)(4)
(vii) for when you are required to provide a U.S. TIN on a
Form W-8 associated with a payment subject to chapter 3
withholding.
A partner in a partnership conducting a trade or
business in the United States will likely be allocated
effectively connected taxable income. The partner is
required to file a U.S. federal income tax return and must
have a U.S. taxpayer identification number (TIN).
You must provide a U.S. TIN if you are:
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The jurisdiction does not issue TINs.

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
not provided a foreign TIN on line 9b.
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
that are actively traded;
Dividends from any redeemable security issued by an
investment company registered under the Investment
Company Act of 1940 (mutual fund);
Dividends, interest, or royalties from units of beneficial
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
Income related to loans of any of the above securities.

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 GIIN or foreign TIN does not fit in the space provided,
you may provide a GIIN or foreign TIN that is indicated
and clearly identified somewhere else on the form, or on a
separate attached sheet, as long as the GIIN or foreign
TIN 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.

TIP

Line 10. This line may be used by the filer of Form
W-8BEN-E or by the withholding agent or FFI to whom it is
provided 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 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. A beneficial
owner may also want to use line 10 to include the number
of the account for which he or she is providing the form. A
foreign single owner of a disregarded entity 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 need an EIN, you are encouraged to apply
TIP for one online instead of submitting a paper Form
SS-4 . For more information, visit www.irs.gov/
Businesses/Small-Businesses- &-Self-Employed/
Employer-ID-Numbers-EINs.
Line 9a. If you are a participating FFI, registered
deemed-compliant FFI, reporting Model 1 FFI, reporting
Model 2 FFI, direct reporting NFFE, trustee of a trustee
documented trust 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. However, 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 this line 9a unless such
branch is a U.S. branch or a limited branch. Instead,
provide the GIIN of your branch (if applicable) on line 13.
See the instructions for Part II.
In addition, if you are a sponsored entity that has a
GIIN, you must provide that GIIN on line 9a.
For payments made prior to January 1, 2017, a
sponsored direct reporting NFFE or sponsored FFI that
has not obtained a GIIN must provide the GIIN of its
sponsoring entity.

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
CAUTION
payment, or for a branch (including a branch that
is a disregarded entity that does not have a GIIN) of the
FFI identified in line 1 operating in a jurisdiction other than
the country of residence identified in 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. Furthermore, if the Country B
branch receiving the payment is a disregarded entity you
may be required to provide its legal name on line 3. See
the instructions for Part I, line 3.

!

If you are in the process of registering with the
IRS as a participating FFI, registered
deemed-compliant FFI, reporting Model 1 FFI,
reporting Model 2 FFI, direct reporting NFFE, or
sponsored direct reporting NFFE 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.

TIP

If you are a sponsored entity that is a nonreporting IGA
FFI, see Part XII.
Line 9b. If your country of residence for tax purposes has
issued you a taxpayer identification number (TIN), enter it
here. If you are providing this Form W-8BEN-E to
document yourself with respect to a financial account that
you hold at a U.S. office of a financial institution (including
a U.S. branch of an FFI), you must provide the taxpayer
identification number (TIN) issued to you by the
jurisdiction in which you are a tax resident unless:
You have not been issued a TIN, or
Instructions for Form W-8BEN-E (Rev. 4-2016)

If the disregarded entity receiving a withholdable
payment has its own GIIN, Part II should be
completed regardless of whether it is in the same
country as the single owner identified in Part I.

TIP

Line 11. Check the one box that applies. If you check
reporting Model 1 FFI, reporting Model 2 FFI, participating
FFI, or U.S. branch claiming a chapter 4 status other than
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that of nonparticipating FFI, you must complete line 13
(see below). If you are a limited branch or branch of a
reporting IGA FFI that cannot comply with the
requirements of an applicable IGA or the regulations
under chapter 4, you must check “limited branch”.
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 (if any) 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).
If you are in the process of registering with the
IRS as a participating FFI, reporting Model 1 FFI,
or reporting Model 2 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.

TIP

Part III – Claim of Tax Treaty Benefits
Line 14a. An entity that is claiming a reduced rate of, or
exemption from, withholding under an income tax treaty
must enter the country where the entity identified on line 1
is a resident for income tax treaty purposes and check the
box to certify that it is a resident of that country.
Line 14b. An entity that is claiming a reduced rate of, or
exemption from, withholding under an income tax treaty
must check the box to certify that it:
Derives the item of income for which the treaty benefit
is claimed, and
Meets the limitation on benefits provisions 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:
The interest holder is not fiscally transparent in its
jurisdiction with respect to the item of income, and
The entity is considered to be fiscally transparent under
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.
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 in line 14b. You may only check a
box if the limitation on benefits 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 NAFTA. In addition, each treaty LOB
article that contains a specific test listed below may have
particular 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.
Each of the tests is summarized below for the general
convenience of taxpayers but may not be relied upon for
making a final determination that you meet an LOB test.
Rather you must check the text of the LOB article itself to
determine which tests are available under that treaty and
the particular requirements of those tests. See Table 4,
Limitation on Benefits, at www.irs.gov/Individuals/
International-Taxpayers/Tax-Treaty-Tables, for a
summary of the major tests within the Limitation on
Benefits article that are relevant for documenting any
entity's claim for treaty benefits. See www.irs.gov/
Businesses/International-Businesses/United-StatesIncome-Tax-Treaties- - -A-to-Z for a current list of treaties
in force.
Government—this test is met if the entity is the
Contracting State, political subdivision, or local authority.
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
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.
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 U.S. or the treaty country, or in certain
third countries if the primary place of 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
indirectly, by five or fewer companies that are
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 U.S. 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
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company's gross income is accrued or paid, directly or
indirectly, to persons who would not be good
shareholders for purposes of the ownership test.
Company that meets the derivative benefits test—this
test is generally limited to NAFTA, 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 NAFTA country and are entitled to identical
benefits under their own treaty with the U.S. 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.
Company with an item of income that meets the active
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.
Favorable discretionary determination received—this
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. Note: Unless a
treaty or technical explanation specifically provides
otherwise, you may not claim discretionary benefits while
your claim for discretionary benefits is pending.
Other—for other LOB tests that are not listed above
(e.g., a headquarters test). Identify the other test relied
upon, or enter N/A if the treaty has no LOB article. For
example, if you meet the headquarters test under the
U.S.-Netherlands income tax treaty, you should write
“Headquarters test, Article 26(5)” in the space provided.
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
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
entities under Special Instructions, later).
An income tax treaty may not apply to reduce the
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.

!

Instructions for Form W-8BEN-E (Rev. 4-2016)

If you are an entity that derives the income as a
resident of a treaty country, you may check this
box if the applicable income tax treaty does not
contain a “limitation on benefits” provision.

TIP

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 (a) U.S. source dividends paid to you by another
foreign corporation or (b) 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.
In general, a foreign corporation is a qualified resident
of a country if any of the following apply.
It meets a 50% ownership and base erosion test.
It is primarily and regularly traded on an established
securities market in its country of residence or the United
States.
It carries on an active trade or business in its country of
residence.
It gets a ruling from the IRS that it is a qualified resident.
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 box 14c.
Instead, check box 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 in 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
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
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 U.S.-Italy treaty, to claim the 5%
dividend rate, the Italian corporation must own 25% of the
voting stock for a 12-month period.
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In addition, for example, if you qualify for and are
claiming a zero rate on dividend payments under Article
10(3) of the U.S.-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 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.
Persons claiming treaty benefits on interest other than
the generally applicable rate. For example, under the
U.S.-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.

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, see
the specific instructions for line 5). 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. If you check “Account that is not a
financial account” on line 5, the requester of the form will
evaluate whether you must certify to another chapter 4
status.
IGA. In lieu of the certifications contained in Parts IV
through XXVIII of Form W-8BEN-E, a reporting Model 1
FFI or reporting Model 2 FFI in certain cases may request
alternate certifications to document its account holders
pursuant to an applicable IGA or you may otherwise
provide an alternate certification to a withholding agent.
See Entities Providing Certifications Under an Applicable
IGA under Special Instructions, later.
You are not required to complete a chapter 4
status certification if you are not the payee of a
withholdable payment or an account holder
holding an account with an FFI requesting this form.
However, you are not required to provide a chapter 4
status if you are providing this form with respect to a
preexisting entity account (as described in Regulations
section 1.1471-1(b)(102)) prior to July 1, 2016.

TIP

Part IV – Sponsored FFI
Line 16. 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 in line 1.

Enter the GIIN of the sponsoring entity identified in
line 16.
Note. A sponsored FFI is not required to have obtained
its own GIIN before the date specified in published
guidance (i.e. January 1, 2017). However, a sponsored
entity that has obtained a GIIN must provide it on line 9a.
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 V – Certified Deemed-Compliant
Nonregistering Local Bank
Line 18. A certified deemed-compliant nonregistering
local bank must check the box to certify that it meets all of
the requirements for this certified deemed-compliant
status.

Part VI – Certified Deemed-Compliant
FFI with Only Low-Value Accounts
Line 19. A certified deemed-compliant FFI with only low
value accounts must check the box to certify that it
satisfies all of the requirements for this certified
deemed-compliant classification.

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 in line 1 as if
the entity in line 1 were a participating FFI. You must also
enter the GIIN of your sponsoring entity on line 9a.
Line 21. A sponsored, closely held investment vehicle
must check the box to certify that it meets all of the
requirements for this certified deemed-compliant status.

Part VIII – Certified
Deemed-Compliant
Limited Life Debt
Investment Company
Line 22. A limited life debt investment entity must check
the box to certify that it meets all of the requirements for
this certified deemed-compliant status.

Part IX – Certified Deemed-Compliant
Investment Advisors
and Investment Managers
Line 23. An investment advisor or investment manager
must check the box to certify that it meets all of the
requirements for this certified deemed-compliant status.

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Part X – Owner-Documented FFI
Line 24a. An owner-documented FFI must check the box
to certify that it meets all of the requirements for this status
and is 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 the FFI identified on
line 1. See Regulations section 1.1471-5(f)(3) for more
information about an owner-documented FFI, including
with respect to a designated withholding agent.

TIP

Check either line 24b or line 24c. Do not check
both boxes.

Line 24b. Check the box to certify that you have provided
or will provide the documentation set forth in the
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.
If you check the box on line 24b, you should not check the
box on line 24c.
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.
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, a Form W-8BEN-E 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
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
each subsequent calendar year preceding the payment,
applying the account aggregation rules of Regulations
section 1.1471-5(b)(4)(iii).

Part XI – Restricted Distributor
Line 25a. A restricted distributor must check the box to
certify that it meets all of the requirements for this status.
Lines 25b and 25c. Check the appropriate box to certify
as to your status. Do not check both boxes.
A restricted distributor may certify only with
respect to an account it maintains in connection
CAUTION
with a distribution agreement with a restricted
fund described in this Part XI. 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.

!

Part XII – Nonreporting IGA FFI
Instructions for Form W-8BEN-E (Rev. 4-2016)

Line 26. Check the box to indicate that you are treated as
a nonreporting IGA FFI under an applicable IGA, including
an entity treated as a registered deemed-compliant FFI
under an applicable IGA. You must identify the applicable
IGA by entering the name of the jurisdiction that has the
applicable 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 applicable
to your status. 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 in the IGA. 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.
If you are a nonreporting FFI 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.
If you are an FFI treated as a registered
deemed-compliant FFI under an applicable Model 2 IGA
(other than a sponsored FFI) you must also provide your
GIIN on line 9a. See www.treasury.gov/resource-center/
tax-policy/treaties/Pages/FATCA-Archive.aspx for a list of
jurisdictions treated as having an IGA in effect for
purposes of making this certification. If you are a
sponsored FFI not claiming your chapter 4 status under
the regulations, see the requirements of your applicable
IGA to determine when you are required to obtain a GIIN.
Note. If you are a nonreporting IGA FFI and you have
registered and received a GIIN and have not provided it in
line 9a because your trustee's or sponsor's GIIN is in
line 9, you should provide it here.

Part XIII – Foreign Government,
Government of a U.S. Possession, or
Foreign Central Bank of Issue
Line 27. A foreign government or political subdivision of
a foreign government (including wholly owned agencies
and instrumentalities thereof), government of a U.S.
possession, or foreign central bank of issue (each as
defined in Regulations section 1.1471-6) must check the
box and certify that it satisfies all of the requirements for
this status (including that it does 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)).
If you are a foreign government or political
subdivision of a foreign government (including
wholly owned agencies and instrumentalities
thereof), government of a U.S. possession, or foreign
central bank of issue, you should only complete this 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.

TIP

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Part XIV – International Organization
Line 28a. Check this box to certify that you are an
international organization described in section 7701(a)
(18).
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
box 28a. If you are claiming an exemption from
withholding for purposes of chapter 3, however, use Form
W-8EXP.

TIP

Line 28b. If you are an international organization other
than an international organization described in line 28a,
check the box to certify that you satisfy all of the
requirements for this status.

Part XV – Exempt Retirement Plans
Lines 29a, b, c, d, e, and f. An exempt retirement plan
must check the appropriate box to certify that it meets all
of the requirements for this status.

Part XVI – Entity Wholly Owned
by Exempt Beneficial Owners
Line 30. An entity wholly owned by exempt beneficial
owners must check the box to certify that it meets all of
the requirements for this status. You must also provide the
owner documentation described in this line establishing
that each direct owner or debt holder of the entity is an
exempt beneficial owner described in Regulations section
1.1471-6(b).

Part XVII – Territory
Financial Institution
Line 31. A territory financial institution must check the
box to certify that it meets all of the requirements for this
status.

Part XVIII – Excepted
Nonfinancial Group Entity
Line 32. An excepted nonfinancial group entity must
check the box to certify that it meets all of the
requirements for this status.

Part XIX – Excepted Nonfinancial
Start-Up Company
Line 33. An excepted nonfinancial start-up company
must check the box to certify that it meets all of the
requirements for this status. You must also 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 XX – Excepted Nonfinancial
Entity in Liquidation or Bankruptcy
Line 34. An excepted nonfinancial group entity in
liquidation or bankruptcy must check the box to certify that

it meets 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 XXI – 501(c) Organization
Line 35. An entity claiming chapter 4 status as a section
501(c) organization pursuant to Regulations section
1.1471-5(e)(5)(v) must check the box and provide the
date that the IRS issued the organization a determination
letter or provide a copy of an opinion from U.S. counsel
certifying that the organization qualifies as a section
501(c) organization (without regard to whether the
organization is a foreign private foundation).

TIP

If you are a section 501(c) organization claiming
an exemption from withholding for purposes of
chapter 3, however, use Form W-8EXP.

Part XXII – Nonprofit Organization
Line 36. 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)) must
check the box to certify that it meets all of the
requirements for this status.
Nonprofit organization under an IGA. For an entity
that is established and maintained in a jurisdiction that is
treated as having in effect an IGA and that is described in
Annex I as a nonprofit organization that is an Active NFFE,
see Entities Providing Certifications Under an Applicable
IGA under Special Instructions, later.

Part XXIII – Publicly Traded
NFFE or NFFE Affiliate of
a Publicly Traded Corporation
Line 37a. A publicly-traded NFFE must check the box to
certify that you are not a financial institution and provide
the name of a securities exchange on which the stock of
the NFFE is publicly traded.
Line 37b. An NFFE that is a member of the same
expanded affiliated group as a publicly-traded U.S. or
foreign entity 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).

Part XXIV – Excepted Territory NFFE
Line 38. An excepted territory NFFE must check the box
to certify that it meets 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 XXV – Active NFFE
Line 39. An active NFFE must check the box to certify
that it meets 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
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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 XXVI – Passive NFFE
Line 40a. A passive NFFE 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.
Note. If you would be a passive NFFE but for the fact that
you are professionally managed, you should not complete
line 40a as you should be considered a financial institution
and not a passive NFFE.
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
disclose your substantial U.S. owners or certify that you
have no substantial U.S. owners (see instructions to lines
40b and 40c below).

TIP

Line 40b. Check this box to certify that you have no
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 each of your substantial
U.S. owners and provide their name, address, and TIN.
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 Part XXVI 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. An excepted inter-affiliate FFI must check the
box to certify that it meets all of the requirements of this
classification. This classification will only apply for an
excepted inter-affiliate FFI that holds a deposit account
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.

Instructions for Form W-8BEN-E (Rev. 4-2016)

Part XXVIII – Sponsored
Direct Reporting NFFEs
Line 42. A sponsored direct-reporting NFFE must check
the box to certify that it meets all of the requirements for
this classification. You must also provide the name of your
sponsoring entity in the space provided and provide your
GIIN in line 9a (or, for payments prior to the date specified
in published guidance (i.e. January 1, 2017), you may
provide only the GIIN of your sponsoring entity).
Enter the GIIN of the sponsoring entity identified in
line 42.

Part XXIX – Substantial U.S.
Owners of Passive NFFE

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
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

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.
An authorized representative or officer 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.
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. See certification described in the 4th bullet point
on the form.
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You are an exempt foreign person for a calendar year
in which:
You are a foreign corporation, partnership, estate, or
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.

Special Instructions
Hybrid Entities
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 earlier (see instructions for completing Part III).
If you are a flow-through entity receiving a withholdable
payment, you should also provide Form W-8IMY for the
entity along with a withholding statement (if required)
establishing the chapter 4 status of each of your partners
or owners. If you are a disregarded entity claiming treaty
benefits, 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 may use line 10 to inform the withholding agent to
associate the two forms.
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.
Line 3. Leave this line blank. For purposes of completing
this form as a hybrid entity making a treaty claim
(including a disregarded entity), you are treated as the
beneficial owner and should be identified in line 1.
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.
Line 5. Do not complete line 5.
Lines 6 and 7. Complete lines 6 and 7 as provided in the
specific instructions, earlier.
Line 8. Complete line 8 in accordance with the specific
instructions for line 8, 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).

Parts III & XXX
You must complete Parts III and XXX in accordance with
the specific instructions above. Complete Part II if
applicable.

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 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
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
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
of the Country B IGA in order to fulfil its due diligence and
documentation requirements under the Country B IGA.
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
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

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Instructions for Form W-8BEN-E (Rev. 4-2016)

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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 in 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.
Any certifications provided under an applicable IGA
remain subject to the penalty of perjury statement and
other certifications made in Part XXX.

Entities Providing Alternate
Certifications Under Regulations

If you qualify for a chapter 4 status that is not shown in
Part I, line 5, of 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
chapter 4 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 in lieu
of checking a box in Part I, line 5, and providing any
chapter 4 status certifications included on this form.
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.

Paperwork Reduction Act Notice. We ask for the
information on this form to carry out the Internal Revenue

Instructions for Form W-8BEN-E (Rev. 4-2016)

laws of the United States. You are required to provide the
information. We need it to ensure that you are complying
with these laws and to allow us to figure and collect the
right amount of tax.
You are not required to provide the information
requested on a form that is subject to the Paperwork
Reduction Act unless the form displays a valid OMB
control number. Books or records relating to a form or its
instructions must be retained as long as their contents
may become material in the administration of any Internal
Revenue law. Generally, tax returns and return
information are confidential, as required by section 6103.
The time needed to complete and file this form will vary
depending on individual circumstances. The estimated
average time is:
Recordkeeping . . . . . . . . . . . . . . . . .

12 hr., 40 min.

Learning about the law or the form . . .

4 hr., 17 min.

Preparing and sending the form . . . . .

8 hr., 16 min.

If you have comments concerning the accuracy of
these time estimates or suggestions for making this form
simpler, we would be happy to hear from you. You can
send us comments from www.irs.gov/formspubs. Click on
“More Information” and then on “Give us feedback”. You
can write to the Internal Revenue Service, Tax Forms and
Publications, SE:W:CAR:MP:TFP, 1111 Constitution Ave.
NW, IR-6526, Washington, DC 20224. Do not send Form
W-8BEN-E to this office. Instead, give it to your
withholding agent.

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