8966 Instructions for FATCA Report

Caution: DRAFT—NOT FOR FILING
This is an early release draft of an IRS tax form, instructions, or
publication, which the IRS is providing for your information as a courtesy.
Do not file draft forms. Also, do not rely on draft forms, instructions, and
publications for filing. We generally do not release drafts of forms until we
believe we have incorporated all changes. However, unexpected issues
sometimes arise, or legislation is passed, necessitating a change to a draft
form. In addition, forms generally are subject to OMB approval before they
can be officially released. Drafts of instructions and publications usually
have at least some changes before being officially released.
Early release drafts are at IRS.gov/DraftForms, and may remain there
even after the final release is posted at IRS.gov/DownloadForms. All
information about all forms, instructions, and pubs is at IRS.gov/Forms.
Almost every form and publication also has its own page on IRS.gov. For
example, the Form 1040 page is at IRS.gov/Form1040; the Publication 17
page is at IRS.gov/Pub17; the Form W-4 page is at IRS.gov/W4; and the
Schedule A (Form 1040) page is at IRS.gov/ScheduleA. If typing in a link
above instead of clicking on it, be sure to type the link into the address bar
of your browser, not in a Search box. Note that these are friendly shortcut
links that will automatically go to the actual link for the page.
If you wish, you can submit comments about draft or final forms,
instructions, or publications at IRS.gov/FormsComments. We cannot
respond to all comments due to the high volume we receive. Please note that
we may not be able to consider many suggestions until the subsequent
revision of the product.

2018

Instructions for Form 8966

Department of the Treasury
Internal Revenue Service

FATCA Report

DRAFT AS OF
August 6, 2018

Section references are to the Internal Revenue Code
unless otherwise noted.

Future Developments

For the latest information about developments related to
Form 8966 or its instructions, such as legislation enacted
after they were published, go to
IRS.gov/Form8966.

U.S. branches. On line 1b of Part I, all U.S. branches of
an FFI not treated as U.S. persons should select the filer
category code for PFFIs (code 01). All U.S. branches that
are treated as U.S. persons should select the filer
category code for withholding agents (code 10).

Summary of Chapter 4 and Related
Matters

General Instructions
What's New

Identifying numbers for paper Forms 8966. Beginning
in 2018, the unique identifying number must be entered in
the “Identifier” box provided at the top of the form. If the
filer is submitting an amended, corrected, or voided Form
8966, it must continue to include the same unique
identifying number that was reported on the original Form
8966 that is being amended, corrected, or voided.

Reminders
Reporting on accounts held by nonparticipating
FFIs. Reporting by PFFIs (including Reporting Model 2
FFIs) on accounts held by nonparticipating FFIs was only
required for 2015 and 2016. For 2017 and subsequent
years, PFFIs (including Reporting Model 2 FFIs) are not
required to report an account held by a nonparticipating
FFI in Part II or Part V. Therefore, PFFIs (including
Reporting Model 2 FFIs) should not check the box for
“nonparticipating FFI” on line 5 of Part II, should not check
the pooled reporting type “nonparticipating FFI” on line 1
of Part V, and should not complete line 3 of Part V.
Reporting Model 2 FFI related entities or branches.
Reporting Model 2 FFIs may have related entities or
branches provided that the conditions in the Model 2 IGA
are met, including the requirement that the related entity
or branch reports U.S. accounts to the IRS to the extent
permitted. A related entity or branch of a Reporting Model
2 FFI filing on Form 8966 should select the filer category
code for limited branch or limited FFI on line 1b of Part I.
Reporting Model 2 FFIs reporting on non-consenting
U.S. accounts. If a Reporting Model 2 FFI is reporting a
preexisting account that is a non-consenting U.S.
account, the Reporting Model 2 FFI should use the pooled
reporting category for recalcitrant account holders that are
U.S. persons or recalcitrant account holders with U.S.
indicia (as appropriate). If a Reporting Model 2 FFI is
reporting a new individual account that has a change in
circumstances that causes the Reporting Model 2 FFI to
know or have reason to know that the original
self-certification is incorrect or unreliable and the
Reporting Model 2 FFI is unable to obtain a valid
self-certification establishing whether the account holder
Jun 14, 2018

is a U.S. citizen or resident, the Reporting Model 2 FFI
should use the pooled reporting category for recalcitrant
account holders with U.S. indicia.

Under chapter 4 of the Internal Revenue Code (Code)
(sections 1471–1474 and Treasury Regulations
(Regulations), commonly referred to as the Foreign
Account Tax Compliance Act or FATCA), a withholding
agent is generally required to deduct and withhold tax
equal to 30% of a withholdable payment made to a foreign
financial institution (FFI) unless the FFI has entered into
an FFI agreement with the IRS to be treated as a
participating FFI (PFFI). Pursuant to the FFI agreement, a
PFFI agrees to satisfy, among other things, certain
reporting obligations for each calendar year concerning its
U.S. accounts, accounts held by owner-documented FFIs
(ODFFI), and certain aggregate information concerning
accounts held by recalcitrant account holders. An FFI also
may be excepted from chapter 4 withholding if it is
deemed to comply with the provisions of section 1471(b)
under Regulations section 1.1471-5(f) or is otherwise
exempt from withholding if it is an exempt beneficial
owner for chapter 4 purposes under Regulations section
1.1471-6. Chapter 4 also requires a withholding agent to
deduct and withhold tax equal to 30% of a withholdable
payment made to a passive non-financial foreign entity
(NFFE) unless the passive NFFE certifies to the
withholding agent that it does not have any substantial
U.S. owners or provides certain identifying information
with respect to its substantial U.S. owners. A withholding
agent also is required to report information about
substantial U.S. owners of a passive NFFE and specified
U.S. persons holding certain equity or debt interests in a
payee that the withholding agent has agreed to treat as an
ODFFI.
To facilitate FATCA implementation for FFIs operating
in jurisdictions with laws that would prevent the FFIs from
complying with the terms of the FFI agreement, the
Treasury Department developed two alternative model
intergovernmental agreements (IGAs) (Model 1 IGA and
Model 2 IGA) that would allow FFIs operating in such
jurisdictions to perform due diligence and reporting on
their account holders to achieve the objectives of FATCA.
FFIs reporting under a Model 1 IGA (Reporting Model 1
FFIs) report certain information about their U.S. reportable
accounts and certain payees as required under the
applicable IGA to their respective tax authorities.

Cat. No. 59612Q

or report that it has none. See Regulations section
1.1472-1(c)(3).
Sponsoring Entity. A Sponsoring Entity must file Form
8966 to report an account of an FFI or a substantial U.S.
owner of a passive NFFE that it has agreed to treat as a
Sponsored FFI or a Sponsored Direct Reporting NFFE.
See Regulations section 1.1471-4(d)(2)(ii)(C) regarding
the reporting required of a Sponsoring Entity acting on
behalf of a Sponsored FFI. See Regulations section
1.1472-1(c)(5) regarding the reporting required of a
Sponsoring Entity acting on behalf of a Sponsored Direct
Reporting NFFE.

Reporting Model 1 FFIs do not file Form 8966 directly to
the IRS. FFIs reporting under a Model 2 IGA (Reporting
Model 2 FFIs) report directly to the IRS on Form 8966
certain information about their U.S. accounts, and certain
aggregate information concerning account holders who
do not waive legal restrictions for the FFI to report this
information (non-consenting U.S. accounts).
Trustee-Documented Trusts subject to a Model 2 IGA are
reported by the trustee of the Trustee-Documented Trust.

DRAFT AS OF
August 6, 2018

Purpose of Form

Form 8966 is required to be filed by filers listed under
“Who Must File,” later, to report information with respect to
certain U.S. accounts, substantial U.S. owners of passive
NFFEs, specified U.S. persons that own certain debt or
equity interests in ODFFIs, and certain other accounts as
applicable based on the filer’s chapter 4 status. Unless
otherwise indicated, Reporting Model 2 FFIs should
submit Form 8966 to report on its accounts consistent
with instructions for PFFIs.

Sponsored FFIs and Sponsored Direct Reporting

TIP NFFEs do not need to file Form 8966 if a

Sponsoring Entity is reporting on its behalf.

Trustee-Documented Trust. A trustee of a
Trustee-Documented Trust reports on Form 8966 all
information required to be reported under an applicable
IGA as if it were a Reporting Model 2 FFI with respect to
each U.S. account maintained by the
Trustee-Documented Trust.

Note. A separate Form 8966 must be filed for each
substantial U.S. owner of a passive NFFE and each
specified U.S. person owning certain equity or debt
interests in an ODFFI, and for each group of accounts of
an FFI for which pooled reporting is permitted as
described in Part V.

Special Rules for Certain Form 8966 Filers

Withholding agents. A withholding agent that is not an
FFI and that makes a withholdable payment to a passive
NFFE with a substantial U.S. owner (either directly or
indirectly through a flow-through entity that also is a
passive NFFE) if the first-mentioned NFFE is the
beneficial owner of the payment, or a withholding agent
that is a designated withholding agent and that makes a
withholdable payment to an ODFFI with a specified U.S.
person owning certain equity or debt interests in the
ODFFI must report such substantial U.S. owners or
specified U.S. persons on Form 8966.
A U.S. payor (other than a U.S. branch) that is a PFFI
(including a Reporting Model 2 FFI) or RDCFFI is not
required to file Form 8966 to report an account if it reports
payments to the account holder on Form 1099 to the
extent specified in Regulations section 1.1471-4(d)(2)(iii)
(A). With respect to an account held by a passive NFFE
with a substantial U.S. owner or an account held by an FFI
that the PFFI (including a Reporting Model 2 FFI) has
agreed to treat as an ODFFI, the PFFI (including a
Reporting Model 2 FFI) or RDCFFI that elects reporting on
Form 1099 must still file Form 8966 to report such
accounts.

Who Must File

Except as otherwise provided in these instructions, you
are required to file Form 8966 if you are one of the
following persons.
PFFI. A PFFI must file Form 8966 to report information
with respect to U.S. accounts, accounts held by ODFFIs,
and accounts held by recalcitrant account holders (based
on the pools described in Part V).
U.S. branch of an FFI not treated as a U.S. person.
A U.S. branch of an FFI that is not treated as a U.S.
person is subject to the same Form 8966 reporting
requirements as a PFFI. See Regulations section
1.1471-4(d)(2)(iii)(C).
RDCFFI. An RDCFFI must file Form 8966 to report a
U.S. account for which it has reporting obligations as a
condition of its applicable RDCFFI status. See
Regulations section 1.1471-5(f)(1)(i) or an applicable
Model 2 IGA.
Related entity or branch described in an applicable
Model 2 IGA. A related entity or branch described in an
applicable Model 2 IGA must file Form 8966 to report a
U.S account to the extent permitted under the relevant
laws pertaining to the branch or FFI.
Reporting Model 2 FFI. A Reporting Model 2 FFI must
file Form 8966 to report information with respect to U.S.
accounts, accounts held by ODFFIs, and non-consenting
U.S. accounts (based on the pools described in the
instructions for Reporting Model 2 FFIs in Part V).
Qualified Intermediary (QI), Withholding Foreign
Partnership (WP), or Withholding Foreign Trust (WT).
A QI, WP, or WT must file Form 8966 to report on its
accounts, partners, beneficiaries, or owners, as
applicable and as provided in its QI, WP, or WT
agreement.
Direct Reporting NFFE. A Direct Reporting NFFE
must file Form 8966 to report its substantial U.S. owners

A withholding agent that is a U.S. payor reporting
payments to U.S. non-exempt recipients must
CAUTION report these payments on the appropriate Form
1099 to the extent required under chapter 61. You do not
need to file Form 8966 to report these payments.

!

An FFI other than a PFFI, Reporting Model 2 FFI,
or RDCFFI that is not required to file Form 8966
CAUTION may still be required to report a payment under
chapter 61.

!

Form 8966 is not used to report any tax withheld

TIP under chapter 4 to the IRS. A withholding agent

may, in addition to Form 8966, also have to file
Form 1042, Annual Withholding Tax Return for U.S.
Source Income of Foreign Persons, and Form 1042-S,
-2-

Instructions for Form 8966 (2018)

should refer to the applicable Model 2 IGA for the due
dates for those filings.
Under certain hardship conditions, the IRS may grant
an additional 90-day extension to file Form 8966. See
Regulations section 1.1471-4(d)(3)(vii). To request an
additional 90-day extension of time to file Form 8966, file
a second Form 8809-I before the end of the initial
extended due date. See the Instructions for Form 8809-I
for more information on the requirements for requesting
an additional extension for filing Form 8966.
Each branch requesting an automatic or additional
extension must file a separate Form 8809-I.

Foreign Person’s U.S. Source Income Subject to
Withholding, to report any tax withheld under chapter 4.
For further information, see Forms 1042, 1042-S, and their
instructions.
PFFI (including a Reporting Model 2 FFI) or
RDCFFI electing chapter 61 reporting. A PFFI
(including a Reporting Model 2 FFI) or RDCFFI that elects
to perform chapter 61 reporting to satisfy its chapter 4
reporting requirements for certain accounts is not required
to report on Form 8966 with respect to such an account
that is held by a specified U.S. person. Instead, the PFFI
(including a Reporting Model 2 FFI) or RDCFFI shall
report such account on Form 1099. See Regulations
section 1.1471-4(d)(5). With respect to an account held
by a passive NFFE with a substantial U.S. owner or an
account held by an FFI that the PFFI (including a
Reporting Model 2 FFI) or RDCFFI has agreed to treat as
an ODFFI, the PFFI (including a Reporting Model 2 FFI) or
RDCFFI that elects reporting under chapter 61 must still
file Form 8966 to report such accounts.
U.S. branch that is treated as a U.S. person. A U.S.
branch that is treated as a U.S. person must file Form
8966 in the same manner as a withholding agent (see
earlier). See Regulations sections 1.1471-1(b)(135) and
1.1441-1(b)(2)(iv).
Territory Financial Institution that is treated as a
U.S. person. A Territory Financial Institution that is a
flow-through entity or that acts as an intermediary with
respect to a withholdable payment and that agrees to be
treated as a U.S. person must file Form 8966 in the same
manner as a withholding agent (see earlier). See
Regulations sections 1.1471-1(b)(131) and 1.1471-2(a)(2)
(iv).

DRAFT AS OF
August 6, 2018

Electronic filing requirement. An entity that is a
financial institution is required to file Form 8966
electronically, irrespective of the number of Forms 8966
filed. All other entities that file 250 or more Forms 8966 for
the calendar year are required to electronically file Forms
8966. To request a waiver from the required filing of
Forms 8966 electronically, submit Form 8508-I. Waiver
requests should be filed at least 45 days before the due
date of the returns. See the instructions for Form 8508-I
for where to file and additional information.
How to file electronically. Those filing electronically
should refer to Pub. 5124 for instructions on how to
populate the fields for the electronic Form 8966. These
instructions generally can be used to supplement Pub.
5124. Information on how to submit the Form 8966
electronically to the IRS is provided in Pub. 5190 and Pub.
5188.
If you are required to file electronically but fail to do so,
and you do not have an approved waiver on record,
penalties under sections 6721 through 6724 may apply.

Where to file paper Form 8966. If you have received a
waiver of the Form 8966 electronic filing requirement from
the IRS or are not otherwise required to file Form 8966
electronically, you may send all paper Forms 8966, along
with Form 8966-C, Cover Sheet for Form 8966 Paper
Submissions, to the following address.

Combined Reporting Following a Merger or Bulk
Acquisition of Accounts
If a PFFI (including a Reporting Model 2 FFI) (successor)
acquires accounts of another PFFI (including a Reporting
Model 2 FFI) (predecessor) in a merger or bulk acquisition
of accounts, the successor may assume the
predecessor’s obligations to report the acquired accounts
on Form 8966 for the calendar year in which the merger or
acquisition occurs, provided the requirements in
Regulations section 1.1471-4T(d)(2)(ii)(G)(1) through (4)
are satisfied.

Internal Revenue Service
FATCA, Stop 6052 AUSC
3651 South IH 35
Austin, Texas 78741

When, How, and Where To File

More information and updates to Form 8966. For
information about FATCA, including updates to Form
8966 and its instructions, as well as answers to Frequently
Asked Questions, go to IRS.gov/FATCA.

When to file. Form 8966 is required to be filed for the
2018 calendar year on or before April 1, 2019. A
Reporting Model 2 FFI must file Form 8966 on the same
filing dates that apply to a PFFI, unless a different
reporting date is specified in an applicable Model 2 IGA.

Definitions

For detailed information about definitions that apply for
purposes of FATCA generally, see Regulations section
1.1471-1(b). A Reporting Model 1 FFI or Reporting Model
2 FFI also should refer to definitions that may apply under
an applicable IGA or apply pursuant to any applicable
domestic law pertaining to its FATCA obligations. Solely
for purposes of filing this Form 8966, the following
definitions are provided to help guide filers through the
process.

Extension of time to file. An automatic 90-day
extension of time to file Form 8966 may be requested. To
request an automatic 90-day extension of time to file
Forms 8966, file Form 8809-I. See the Instructions for
Form 8809-I for where to file that form. You should request
an extension as soon as you are aware that an extension
is necessary, but no later than the due date for filing
Forms 8966. No extension of time to file is permitted for
Forms 8966 filed by a Reporting Model 2 FFI to report a
non-consenting U.S. account. A Reporting Model 2 FFI
Instructions for Form 8966 (2018)

-3-

applicable Model 1 IGA or Model 2 IGA. See Regulations
section 1.1471-5(e)(1).

Account/financial account. An account or financial
account means a financial account described in
Regulations section 1.1471-5(b).

Foreign financial institution (FFI). Except as otherwise
provided for certain foreign branches of a U.S. financial
institution or Territory Financial Institution, an FFI means a
financial institution that is a foreign entity. The term foreign
financial institution also includes a foreign branch of a
U.S. financial institution with a QI Agreement in effect.

Account holder. An account holder is the person who
holds a financial account, as determined under
Regulations section 1.1471-5(a)(3).
Account maintained by a PFFI or Reporting Model 2
FFI. An account maintained by a PFFI or Reporting
Model 2 FFI means an account that a PFFI or Reporting
Model 2 FFI is treated as maintaining under Regulations
section 1.1471-5(b)(5).

DRAFT AS OF
August 6, 2018

Foreign reportable amount. The term “foreign
reportable amount” means the aggregate amount of
foreign source payments described in Regulations section
1.1471-4(d)(4)(iv).

Branch. A branch means a unit, business, or office of a
financial institution that is treated as a branch under the
regulatory regime of a country or that is otherwise
regulated under the laws of a country as separate from
other offices, units, or branches of the financial institution,
and includes a disregarded entity of a financial institution.
A branch includes units, businesses, and offices of a
financial institution located in the country (or jurisdiction)
in which the financial institution is a resident as well as
units, businesses, and offices of a financial institution
located in the country in which the financial institution is
created or organized. All units, businesses, or offices of a
PFFI located in a single country (or jurisdiction), including
all disregarded entities located in such single country (or
jurisdiction), must be treated as a single branch.

Global intermediary identification number (GIIN). A
GIIN is a number assigned to a PFFI, Reporting Model 1
FFI, Reporting Model 2 FFI, RDCFFI, and certain other
registering entities (e.g., a Direct Reporting NFFE). A
separate GIIN will be issued to the FFI to identify, among
other things, each jurisdiction where the FFI maintains a
branch not treated as a limited branch. A Direct Reporting
NFFE will be issued only one GIIN, irrespective of where it
maintains branches.
Model 1 IGA. A Model 1 IGA means an agreement
between the United States or the Treasury Department
and a foreign government or one or more foreign agencies
to implement FATCA through reporting by financial
institutions to such foreign government or agency thereof,
followed by automatic exchange of the reported
information with the IRS. For a list of jurisdictions treated
as having an IGA in effect, see Treasury.gov/ResourceCenter/Tax-Policy/Treaties/Pages/FATCA-Archive.aspx.

Branch that maintains an account. A branch,
including a disregarded entity, maintains an account if the
rights and obligations of the account holder and the FFI
with regard to such account (including any assets held in
the account) are governed by the laws of the country of
the branch or disregarded entity.

Model 2 IGA. A Model 2 IGA means an agreement or
arrangement between the United States or the Treasury
Department and a foreign government or one or more
foreign agencies to implement FATCA through reporting
by financial institutions directly to the IRS in accordance
with the requirements of the FFI agreement, as modified
by an applicable Model 2 IGA, supplemented by the
exchange of information between such foreign
government or agency thereof and the IRS. For a list of
jurisdictions treated as having an IGA in effect, see
Treasury.gov/Resource-Center/Tax-Policy/Treaties/
Pages/FATCA-Archive.aspx.

Direct Reporting NFFE. A Direct Reporting NFFE is an
NFFE that has elected to report its substantial U.S.
owners to the IRS pursuant to Regulations section
1.1472-1(c)(3).
Deemed-compliant FFI. A deemed-compliant FFI
means an FFI that is treated, pursuant to section 1471(b)
(2) and Regulations section 1.1471-5(f), as meeting the
requirements of section 1471(b).
Excepted NFFEs. Excepted NFFEs include NFFEs that
are QIs, WPs, and WTs, certain publicly traded
corporations (including certain affiliates of such
corporations), certain territory entities, active NFFEs,
excepted nonfinancial entities, Direct Reporting NFFEs,
and Sponsored Direct Reporting NFFEs as described in
Regulations section 1.1472-1(c)(1).

Non-consenting U.S. account. For purposes of a
Reporting Model 2 FFI, a non-consenting U.S. account
shall have the meaning that it has under an applicable
Model 2 IGA.
Non-financial foreign entity (NFFE). A non-financial
foreign entity (NFFE) is a foreign entity that is not a
financial institution. An NFFE includes a territory NFFE as
defined in Regulations section 1.1471-1(b)(132) and a
foreign entity treated as an NFFE pursuant to a Model 1
IGA or Model 2 IGA.

Exempt beneficial owner. An exempt beneficial owner
is any person described in Regulations section
1.1471-6(b) through (g) and includes any person treated
as an exempt beneficial owner under an applicable Model
1 IGA or Model 2 IGA.

Nonparticipating FFI. A nonparticipating FFI is an FFI
other than a PFFI, a deemed-compliant FFI, or an exempt
beneficial owner.

Financial institution (FI). An FI is any institution that is a
depository institution, custodial institution, investment
entity, insurance company (or holding company of an
insurance company) that issues cash value insurance or
annuity contracts, or a holding company or treasury center
that is part of an expanded affiliated group of certain FFIs,
and includes a financial institution as defined under an

Nonreporting FI. A nonreporting FI means an entity that
is resident in or established in a jurisdiction that has in
effect a Model 1 IGA or Model 2 IGA and that is treated as
a nonreporting FI in Annex II of the applicable Model 1
-4-

Instructions for Form 8966 (2018)

treated as a reporting financial institution under a Model 1
IGA.

IGA or Model 2 IGA or that is otherwise treated as a
deemed-compliant FFI or an exempt beneficial owner
under Regulations sections 1.1471-5 or 1.1471-6.

Reporting Model 2 FFI. A Reporting Model 2 FFI is an FI
or branch of an FI treated as a reporting financial
institution under a Model 2 IGA.

Owner-documented FFI (ODFFI). An ODFFI is an FFI
described in Regulations section 1.1471-5(f)(3).
Participating FFI (PFFI). A PFFI is an FFI that has
agreed to comply with the requirements of an FFI
agreement with respect to all branches of the FFI, other
than a branch that is a reporting Model 1 FFI or a U.S.
branch. The term PFFI also includes an FFI or branch of
an FFI described in a Model 2 IGA that has agreed to
comply with the requirements of an FFI agreement with
respect to a branch, and a QI branch of a U.S. financial
institution, unless such branch is a reporting Model 1 FFI.

Specified U.S. person. A specified U.S. person is any
U.S. person described in Regulations section 1.1473-1(c).

DRAFT AS OF
August 6, 2018

Sponsored Direct Reporting NFFE. A Sponsored
Direct Reporting NFFE is a Direct Reporting NFFE that
has a Sponsoring Entity perform due diligence and
reporting requirements on behalf of the Sponsored Direct
Reporting NFFE as described in Regulations section
1.1472-1(c)(5).
Sponsored FFI. A Sponsored FFI is an FFI that is an
investment entity, a controlled foreign corporation, or a
closely held investment vehicle that has a Sponsoring
Entity that performs certain due diligence, withholding,
and reporting obligations on behalf of the Sponsored FFI.

Passive NFFE. A passive NFFE is an NFFE that is not an
excepted NFFE. With respect to a Reporting Model 2 FFI
filing this Form 8966 to report its accounts and payees, a
passive NFFE is an NFFE that is not an active NFFE (as
defined in the applicable Model 2 IGA).

Sponsoring Entity. A Sponsoring Entity is an entity that
has registered with the IRS to perform the due diligence,
withholding, and reporting obligations of one or more
Sponsored FFIs or Sponsored Direct Reporting NFFEs.

Pooled reporting. For purposes of this form, a PFFI is
permitted to report recalcitrant account holders (or, with
respect to a Reporting Model 2 FFI, non-consenting U.S.
accounts) on an aggregate basis in a reporting pool rather
than report specific account holder information. With
respect to recalcitrant account holders, a reporting pool
consists of account holders that fall within a particular type
described in Regulations section 1.1471-4(d)(6). With
respect to non-consenting U.S. accounts, see Accounts
and Withholdable Payments Required To Be
Reported—Accounts for which pooled reporting is
permitted, later.

Substantial U.S. owner. A substantial U.S. owner is a
specified U.S. person described in Regulations section
1.1473-1(b). For purposes of filing this form, a Reporting
Model 2 FFI reporting an account held by a passive NFFE
should substitute the term “controlling person that is a
specified U.S. person” for “substantial U.S. owner” and
refer to the applicable Model 2 IGA for the definition of
controlling person. A territory NFFE that is not an
excepted NFFE determines its substantial U.S. owners by
applying the 10% threshold in Regulations section
1.1473-1(b)(1).

Qualified Intermediary (QI), Withholding Foreign
Partnership (WP), Withholding Foreign Trust (WT). A
QI is a foreign entity (or foreign branch of a U.S. financial
institution) that has in effect a QI agreement with the IRS.
A WP is a foreign partnership that has in effect a
withholding foreign partnership agreement with the IRS. A
WT is a foreign trust that has in effect a withholding
foreign trust agreement with the IRS.

Territory Financial Institution. A Territory Financial
Institution is a financial institution that is incorporated or
organized under the laws of any U.S. territory, excluding a
territory entity that is a financial institution only because it
is an investment entity.
Territory Financial Institution treated as a U.S. person. A Territory Financial Institution treated as a U.S.
person means a Territory Financial Institution treated as a
U.S. person under Regulations section 1.1471-3(a)(3)(iv).

Recalcitrant account holder. A recalcitrant account
holder is an account holder (other than an account holder
that is an FFI) of a PFFI or registered deemed-compliant
FFI that has failed to provide the FFI maintaining its
account with the information required under Regulations
section 1.1471-5(g).

Trustee-Documented Trust. A Trustee-Documented
Trust is a trust described as such in a Model 1 IGA or
Model 2 IGA.

Registered deemed-compliant FFI (RDCFFI). A
registered deemed-compliant FFI is an FFI described in
Regulations section 1.1471-5(f)(1), and includes a
Reporting Model 1 FFI, a QI branch of a U.S. financial
institution that is a Reporting Model 1 FFI, and a
nonreporting FI treated as a registered deemed-compliant
FFI under a Model 2 IGA.

U.S. account. A U.S. account is any account held by one
or more specified U.S. persons. A U.S. account also
includes any account held by a passive NFFE that has
one or more substantial U.S. owners, or in the case of a
Reporting Model 2 FFI, any account held by a passive
NFFE that has one or more controlling persons that are
specified U.S. persons. See Regulations section
1.1471-5(a) and an applicable Model 2 IGA.

Related entity or branch of a Reporting Model 2 FFI.
A related entity or branch of a Reporting Model 2 FFI is an
entity or branch treated as a nonparticipating FFI under
Article 3(5) of the Model 2 IGA (or any analogous
provision in an applicable Model 2 IGA).

U.S. branch treated as a U.S. person. A U.S. branch
treated as a U.S. person is a U.S. branch that is treated as
a U.S. person under Regulations section 1.1441-1(b)(2)
(iv)(A).

Reporting Model 1 FFI. A Reporting Model 1 FFI is an
FI, including a foreign branch of a U.S. financial institution,
Instructions for Form 8966 (2018)

-5-

Account maintained by a Trustee-Documented Trust
that is a nonreporting Model 2 FFI as defined in the
applicable Model 2 IGA. The trustee files a Form 8966 to
report each U.S. account (within the meaning of the Model
2 IGA) of the Trustee-Documented Trust.
Account held by a Territory Financial Institution not
treated as a U.S. person. File a separate Form 8966 with
respect to each specified U.S. person or substantial U.S.
owner of a passive NFFE for which the Territory Financial
Institution acts as an intermediary or is a flow-through
entity and provides the PFFI (including a Reporting Model
2 FFI) with the information and documentation required
under Regulations section 1.1471-3(c)(3)(iii)(G). See
Regulations section 1.1471-4(d)(2)(ii)(B)(2).
Accounts for which pooled reporting is permitted. PFFIs
may report accounts held by the following persons on a
Form 8966 by pooled reporting type: recalcitrant account
holders with U.S. indicia, recalcitrant account holders
without U.S. indicia, recalcitrant account holders that are
U.S. persons, recalcitrant account holders that are
passive NFFEs, and recalcitrant account holders of
dormant accounts. See Regulations section 1.1471-4(d)
(6). A Reporting Model 2 FFI, under the terms of the
Model 2 IGA, is required to report certain aggregate
information regarding accounts it is required to treat as
non-consenting U.S. accounts on Form 8966. If a
Reporting Model 2 FFI is reporting a preexisting account
that is a non-consenting U.S. account, the Reporting
Model 2 FFI should use the pooled reporting category for
recalcitrant account holders that are U.S. persons or
recalcitrant account holders with U.S. indicia (if the
Reporting Model 2 FFI treats the account as a U.S.
account based on U.S. indicia as permitted under Annex I
of the Model 2 IGA). If a Reporting Model 2 FFI is
reporting a new individual account that has a change in
circumstances that causes the Reporting Model 2 FFI to
know or have reason to know that the original
self-certification is incorrect or unreliable and the
Reporting Model 2 FFI is unable to obtain a valid
self-certification establishing whether the account holder
is a U.S. citizen or resident, the Reporting Model 2 FFI
should use the pooled reporting category for recalcitrant
account holders with U.S. indicia. (See Specific
Instructions, Part V, Pooled Reporting Type.)

Withholding agent. With respect to a withholdable
payment, a withholding agent is a person described in
Regulations section 1.1473-1(d).
Withholdable payment. A withholdable payment is a
payment described in Regulations section 1.1473-1(a).

Accounts and Withholdable
Payments Required To Be Reported

DRAFT AS OF
August 6, 2018

Accounts to be reported. A PFFI, Reporting Model 2
FFI, or RDCFFI required to report as if it is a PFFI must file
a separate Form 8966 annually for each account required
to be reported, or for each group of accounts for which
pooled reporting is permitted, in accordance with the FFI
agreement and Regulations section 1.1471-4(d). Such an
FFI must report with respect to accounts required to be
reported that are maintained at any time during each
calendar year. This includes accounts that the FFI is
required to treat as U.S. accounts or accounts held by
ODFFIs, including accounts that are identified as U.S.
accounts following a change in circumstances during such
year or due to the expiration during such year of the time
period provided in the applicable due diligence
procedures for documenting the account holder. Such an
FFI also must report accounts that are treated as held by
recalcitrant account holders at the end of the calendar
year. If an account holder rolls over the amounts in one
account into another account (of the same or different
type) with the same FFI during the calendar year, do not
report the account twice. Form 8966 reporting is required
for the following accounts.
U.S. account maintained by a PFFI, Reporting Model 2
FFI, or RDCFFI required to report as if it is a PFFI, that is
held by a specified U.S. person, and for each substantial
U.S. owner (or, in the case of a Reporting Model 2 FFI,
each controlling person that is a specified U.S. person) of
a passive NFFE for which the FFI maintains the account.
File a separate Form 8966 for each substantial U.S. owner
(or controlling person) of a passive NFFE (as determined
under the Regulations or an applicable Model 2 IGA) that
is a specified U.S. person.
Note. See Regulations section 1.1471-5(b) for details on
the types of accounts potentially subject to reporting,
including depository accounts, custodial accounts, equity
or debt interests in certain types of financial institutions,
and certain cash value insurance or annuity contracts.
Exceptions are provided, including for individual deposit
accounts with a balance or value less than $50,000
(unless an election is made to forego the exception) and
for certain retirement and other accounts. See
Regulations sections 1.1471-5(a)(4) and 1.1471-5(b)(2).
Also see Regulations section 1.1471-5(a)(3) concerning
who is considered the account holder where the listed
holders are certain trusts or agents, or when an account is
jointly held.
Account held by an ODFFI as defined in Regulations
section 1.1471-5(f)(3). File a separate Form 8966 to
report for each specified U.S. person that owns certain
equity or debt interests in the ODFFI described in
Regulations sections 1.1471-3(d)(6)(iv)(A)(1) and (2) and
1.1471-4(d)(2)(iii)(D) (excluding certain indirect owners
described in Regulations section 1.1471-5(f)(3)(ii)(E)).

Account information to be reported. The following
information is reported on Form 8966. See Specific
Instructions, later, to determine the information you are
required to report based on your filing status.
Account held by specified U.S. persons.
Identification of the account holder (name, address, and
U.S. TIN), account number, account balance or value,
certain enumerated payments with respect to the account
(described in Part IV), and such other information as may
be required on Form 8966 or by these instructions. See
Regulations section 1.1471-4(d)(3)(ii).
Account held by passive NFFE. With respect to a
passive NFFE, on a separate Form 8966 for each
substantial U.S. owner, the name and address of the
NFFE, the identification of the substantial U.S. owner
(name, address, and U.S. TIN), account number, account
balance or value, certain enumerated payments with
respect to the account (described in Part IV), and such
other information as may be required on Form 8966 or by
-6-

Instructions for Form 8966 (2018)

these instructions. See Regulations section 1.1471-4(d)
(3)(iii).
Account held by ODFFI. With respect to an account
held by an ODFFI, the name and address of the ODFFI
and, with respect to each specified U.S. person that owns
certain equity or debt interests in the ODFFI described in
Regulations section 1.1471-3(d)(6)(iv)(A)(1) and (2)
(excluding certain indirect owners described in
Regulations section 1.1471-5(f)(3)(ii)(E)), identification of
the specified U.S. person (name, address, and TIN),
account number, account balance or value, certain
enumerated payments with respect to the account
(described in Part IV), and such other information as may
be required on Form 8966 or by these instructions. A
separate Form 8966 must be filed for each such specified
U.S. person. See Regulations sections 1.1471-3(d)(6)(iv)
(A)(1) and (2), and 1.1471-4(d)(3)(iv)(B).
Accounts held by recalcitrant account holders.
Report the number of accounts included in the reporting
pool and the aggregate account balance or value for such
accounts.

required to report on Form 8966 on a withholdable
payment made to a PFFI (including a Reporting Model 2
FFI) or a Reporting Model 1 FFI that is allocated to a
payee that is an ODFFI on an FFI withholding statement
when the PFFI (including a Reporting Model 2 FFI) or
Reporting Model 1 FFI includes on the statement the
certification described in Regulations section 1.1471-3(c)
(3)(iii)(B)(2)(v), provided that the withholding agent does
not know or have reason to know that the certification is
incorrect or unreliable. See Regulations section
1.1474-1(i)(2).
Amounts paid to a passive NFFE. With respect to a
passive NFFE payee, on a separate Form 8966 for each
specified U.S. person that is a substantial U.S. owner (or,
in the case of a Reporting Model 2 FFI, controlling
person), identification of the NFFE and each substantial
U.S. owner (name, address, and TIN), total of all
withholdable payments made to the NFFE, and such other
information as may be required on Form 8966 or by these
instructions. A withholding agent is not required to report
on Form 8966 on a withholdable payment made to a PFFI
(including a Reporting Model 2 FFI) or an RDCFFI that is
allocated to a payee that is a passive NFFE with one or
more substantial U.S. owners on an FFI withholding
statement when the PFFI (including a Reporting Model 2
FFI) or RDCFFI includes on the statement the certification
described in Regulations section 1.1471-3(c)(3)(iii)(B)(2)
(iv), provided the withholding agent does not know or
have reason to know that the certification is incorrect or
unreliable. See Regulations section 1.1474-1(i)(1).

DRAFT AS OF
August 6, 2018

Withholding Agent Reporting

A withholding agent (other than an FFI reporting accounts
maintained by such FFI under the account reporting rules
described earlier in Accounts and Withholdable Payments
Required To Be Reported), files Form 8966 to report the
following in connection with a withholdable payment.
Amounts paid to an ODFFI. With respect to each
ODFFI payee, on a separate Form 8966 for each
specified U.S. person that owns certain equity or debt
interests in the ODFFI described in Regulations section
1.1471-3(d)(6)(iv)(A)(1) and (2) (excluding certain indirect
owners described in Regulations section 1.1471-5(f)(3)(ii)
(E)), identification of the ODFFI and specified U.S. person
(name, address, and TIN), total of all withholdable
payments made to the ODFFI, account balance or value,
and such other information as may be required on Form
8966 or by these instructions. A withholding agent is not

Specific Instructions
Before You Begin

There are five parts to Form 8966. A filer completes only
the relevant parts of the form applicable for that filer, as
set forth in the following chart.

Form 8966 Completion
FILER

SEPARATE FORM 8966 FOR EACH

COMPLETE PARTS

PFFI

U.S. account held by a specified U.S. person

I, II, and IV

Substantial U.S. owner (or, in the case of a Reporting Model 2 FFI,
controlling person) of a passive NFFE (passive NFFE is holder of the U.S.
account)

I, II, III, and IV

Specified U.S. person owning certain equity or debt interests in an ODFFI
for which you act as a designated withholding agent

I, II, III, and IV

Pooled reporting for recalcitrant account holders (or non-consenting U.S.
accounts)

I and V

Specified U.S. person owning certain equity or debt interests in an ODFFI
to which the withholding agent makes a withholdable payment

I, II, III, and IV

Substantial U.S. owner of a passive NFFE to which the withholding agent
makes a withholdable payment

I, II, III, and IV

Substantial U.S. owner of a direct reporting NFFE

I, III, and IV

WITHHOLDING AGENT

DIRECT REPORTING NFFE

person. A Reporting Model 2 FFI files consistent with the
requirements of a PFFI unless otherwise indicated. A
Sponsoring Entity of a Sponsored FFI files under the
requirements of a PFFI. A RDCFFI files under the
requirements of a PFFI with respect to an account it is

Special instructions for filers not specifically listed in
chart. For purposes of applying the specific instructions
(including this chart), a withholding agent includes a U.S.
branch or Territory Financial Institution treated as a U.S.
Instructions for Form 8966 (2018)

-7-

required to report as a condition of its deemed-compliant
status. A trustee of a Trustee-Documented Trust files
under the requirements of a PFFI. A Sponsoring Entity of
a Sponsored Direct Reporting NFFE files under the
requirements of a Direct Reporting NFFE. A related entity
or branch described in an applicable Model 2 IGA, to the
extent it is permitted to report, files under the
requirements of a PFFI unless otherwise indicated.
Entities filing consistent with a PFFI should substitute their
chapter 4 status for PFFI where that term is used in the
instructions, except as otherwise noted.

Correcting a previously filed Form 8966: Corrected,
Amended, and Voided Reports. If you are filing Form
8966 to correct or amend a previously filed Form 8966,
submit the corrected information on the Form 8966
applicable to the year of the initial reporting as follows.
Corrected report. If you are filing Form 8966 to correct
information submitted to the IRS in a previously filed Form
8966 in response to an IRS notification, complete Form
8966 containing the corrected information as if it were the
original Form 8966 for the year in question and check the
box “Corrected report.” You do not need to include a copy
of the originally filed Form 8966 marked “Voided report”
with the corrected Form 8966.

DRAFT AS OF
August 6, 2018

Amount and character of payments. The amount and
character of payments made with respect to an account
may be determined under the same principles that the filer
uses to report information on resident account holders to
its domestic tax authority. Thus, the amount and character
of items of income required to be reported need not be
determined in accordance with U.S. federal tax principles.
If any type of payment is not reported to domestic tax
authorities, such amounts may be determined in the same
manner as used for reporting to the account holder.
Otherwise, reporting must either be in accordance with
U.S. federal tax principles, or with any reasonable method
consistent with the accounting principles applied by the
PFFI. IRS consent is required to change such method,
except that a change to rely on U.S. federal income tax
principles is automatically permitted. See Regulations
section 1.1471-4(d)(4)(iv)(E).

If the Form 8966 that you are correcting was filed
electronically with the IRS, then the corrected
CAUTION Form 8966 also must be filed electronically with
the IRS. If the Form 8966 that you are correcting was filed
in paper format with the IRS, then the corrected Form
8966 also must be filed in paper format with the IRS.
Failure to follow this rule will result in your corrected Form
8966 not being processed by the IRS.

!

Amended report. If you are filing Form 8966 to correct a
previously filed Form 8966 and you have not been
contacted by the IRS, complete Form 8966 containing the
corrected information as if it were the original Form 8966
and check the box “Amended report.” A copy of the Form
8966 as originally filed with the IRS, updated by checking
the “Voided report” box, must be filed with the amended
Form 8966.

Currency translation. Account balance or value, and
any reportable payment, may be reported in U.S. dollars
or in the currency in which the account or payment is
denominated. In the case of an account, or payments
denominated in multiple currencies, the filer may elect to
report the account balance or value, or payments, in a
currency in which the account or payments are
denominated and is required to identify the currency,
including the applicable currency code, in which the
account is reported. See Regulations section 1.1471-4(d)
(4)(iv)(B) and (F). If an account balance or payment is
reported in U.S. dollars, the filer must calculate the
amount in the manner described in Regulations section
1.1471-5(b)(4).

If the Form 8966 that you are amending was filed
electronically with the IRS, then the amended
CAUTION Form 8966 and accompanying voided Form 8966
must be filed electronically with the IRS. If the Form 8966
that you are amending was filed in paper format with the
IRS, then the amended Form 8966 and accompanying
voided Form 8966 must be filed in paper format with the
IRS. Failure to follow this rule will result in your amended
Form 8966 not being processed by the IRS.

!

Voided report. If you are filing an amended report, also
file a copy of the Form 8966 as originally filed with the
IRS, updated by checking the “Voided report” box.

Rounding off to whole currency amounts. You may
round fractional currency amounts up (or down) to the
closest non-fractional (whole) currency amount. If the
fractional currency amount is equal to or greater than half
the value of the basic currency unit, round up to the next
whole currency amount. If the fractional currency amount
is less than half the value of the basic currency unit, round
down to the next whole currency amount. If you choose to
round currency amounts, you must round all currency
amounts reported.
The following illustrates the application of this rule to
U.S. dollar amounts. To round off amounts to the nearest
whole dollar, drop amounts under 50 cents and increase
amounts from 50 to 99 cents to the next dollar. For
example, $1.39 becomes $1 and $2.50 becomes $3. If
you have to add two or more amounts to figure the
amount to enter on a line, include cents (your fractional
currency amount) when adding and only round off the
total.

No accounts to report. A Direct Reporting NFFE or a
Sponsoring Entity reporting on behalf of a Sponsored
Direct Reporting NFFE that has no substantial U.S.
owners to report during the calendar year should check
this box and complete Part I only. This box is optional for
filers other than Direct Reporting NFFEs and Sponsoring
Entities filing on behalf of a Sponsored Direct Reporting
NFFE.
Identifier. Filers submitting paper Forms 8966 must
assign a unique identifying number to each Form 8966
they file. The identifying number must be numeric (for
example, 001) and must be exactly three digits. Enter the
three-digit identifying number in the box for “Identifier” at
the top of the form.
If you are filing a paper Form 8966 that is an amended,
corrected, or voided report, you must include the unique
identifying number that you assigned to the original form
that is being amended, corrected, or voided. For example,
-8-

Instructions for Form 8966 (2018)

office does not deliver mail to a street address and the
filer has a post office box, enter the filer’s post office box
number instead of the filer’s street address.

to amend a form that had an identifying number of 002,
the amended form also should have the identifying
number 002. In addition, the identifying number will be
used by the IRS to identify the form in any
correspondence with the filer.
The identifying number must be unique to each original
Form 8966 filed for the current year. The identifying
number can be reused on a new original form in a
subsequent year.

Line 4. If the filer has been assigned a GIIN by the IRS,
enter it on line 4. Use the GIIN of the branch of an FFI that
maintains the account (if applicable). If the filer is a Direct
Reporting NFFE, enter its GIIN, regardless of whether or
not the account is maintained by a branch. A Sponsoring
Entity or trustee filing Form 8966 on behalf of a Sponsored
FFI, Sponsored Direct Reporting NFFE, or
Trustee-Documented Trust, as applicable, should enter
the Sponsoring Entity’s or trustee’s GIIN.

DRAFT AS OF
August 6, 2018

Part I—Identification of Filer

Use Part I to provide identifying information about the
Form 8966 filer. All filers must complete lines 1a through
3c. Filers provide information on lines 4 through 10 as
required by the specific instructions for those lines.

A Sponsoring Entity should enter its Sponsoring

TIP Entity’s GIIN, not a separate GIIN (if any) it

receives when registering as a PFFI or RDCFFI. A
trustee should enter the GIIN it receives when it registers
to act as a trustee of a Trustee-Documented Trust, not a
separate GIIN (if any) it receives when registering itself as
a PFFI or RDCFFI.

Line 1a. Enter the filer's name.

A Direct Reporting NFFE must identify itself as the

TIP filer and provide its identifying information on lines
1a through 3c.

Line 5. If the filer has been assigned a U.S. taxpayer
identification number (TIN) by the IRS, enter it on line 5. If
you entered a GIIN on line 4, do not complete line 5.
However, a QI, WP, or WT enters on line 5 the employer
identification number (EIN) that was issued by the IRS to
be used by the QI, WP, or WT when acting in its capacity
as such (in addition to entering its GIIN on line 4). The filer
is not required to obtain a U.S. TIN in order to file Form
8966 if the filer has not been issued a U.S. TIN. Do not
enter a foreign TIN. If the filer does not have a U.S. TIN,
leave this line blank.

A Sponsoring Entity or trustee that has agreed to
TIP assume the reporting obligations of a Sponsored
FFI, a Sponsored Direct Reporting NFFE, or
Trustee-Documented Trust, as applicable, must identify
itself as the Form 8966 filer and must provide its
identifying information on lines 1a through 3c. Sponsored
FFIs, Sponsored Direct Reporting NFFEs, and
Trustee-Documented Trusts are identified on line 6.
Line 1b. Enter one of the filer category codes listed
below.

Lines 6 through 10. Lines 6 through 10 only need to be
completed if the filer is a Sponsoring Entity or a trustee of
a Trustee-Documented Trust, or if the filer is making a
payment to a Territory Financial Institution that is acting as
an intermediary or that is a flow-through entity and is not
treated as a U.S. person or to a certified
deemed-compliant FFI that is acting as an intermediary
and providing the filer with information on a substantial
U.S. owner of a passive NFFE account holder or payee.
Enter the information required by lines 6 through 10 to
report the indicated information relating only to one of the
following.
A Sponsored FFI on behalf of which a Sponsoring
Entity is filing Form 8966.
A Sponsored Direct Reporting NFFE on behalf of which
a Sponsoring Entity is filing Form 8966.
A Trustee-Documented Trust on behalf of which a
trustee is filing Form 8966.
A Territory Financial Institution not treated as a U.S.
person that is acting as an intermediary or that is a
flow-through entity and that receives a withholdable
payment from the filer of Form 8966.
A certified deemed-compliant FFI that is acting as an
intermediary and providing the filer with information on a
substantial U.S. owner of a passive NFFE account holder
or payee.

A related entity or branch should use the code for
TIP limited branch or limited FFI (code 03). All U.S.
branches of FFIs not treated as U.S. persons
should use the code for PFFIs (code 01). All U.S.
branches that are treated as U.S. persons should use the
code for withholding agents (code 10).
PFFI (other than a Reporting Model 2 FFI and including
a U.S. branch of a PFFI not treated as a U.S.
person)—Enter code 01.
RDCFFI—Enter code 02.
Limited Branch or Limited FFI—Enter code 03.
Reporting Model 2 FFI—Enter code 04.
QI, WP, or WT—Enter code 05.
Direct Reporting NFFE—Enter code 06.
Sponsoring Entity of a Sponsored FFI—Enter code 07.
Sponsoring Entity of a Sponsored Direct Reporting
NFFE—Enter code 08.
Trustee of a Trustee-Documented Trust—Enter code
09.
Withholding Agent (including a U.S. branch of a PFFI,
Reporting Model 1 FFI, Reporting Model 2 FFI, or RDCFFI
treated as a U.S. person and a U.S. branch of a Reporting
Model 1 FFI (including any other RDCFFI) or Limited FFI
that is not treated as a U.S. person)—Enter code 10.
Territory Financial Institution treated as a U.S.
person—Enter code 11.

Lines 6 through 8c. Follow the instructions for lines 1a
through 3c to provide the information required by lines 6
through 8c. Enter the name and mailing address,
including country and postal code, of the Sponsored FFI,

Lines 2 through 3c. Enter the filer’s mailing address,
including country and postal code. If the filer is a PFFI,
provide the mailing address of the office of the branch that
maintains the account reported in Part II. If the filer’s post
Instructions for Form 8966 (2018)

-9-

Sponsored Direct Reporting NFFE, Trustee-Documented
Trust, Territory Financial Institution, or a certified
deemed-compliant FFI acting as an intermediary. If the
post office does not deliver mail to a street address and
the entity identified on line 6 has a post office box, enter
the post office box number instead of the street address.
Line 9. If the entity reported on line 6 is a Sponsored FFI
(other than a sponsored, closely held investment vehicle)
or a Sponsored Direct Reporting NFFE, enter the
Sponsored Entity's GIIN on line 9. If the entity reported on
line 6 is a Territory Financial Institution;
Trustee-Documented Trust; Sponsored FFI that is a
sponsored, closely held investment vehicle; or certified
deemed-compliant FFI acting as an intermediary, leave
this line blank.

!

CAUTION

Line 1b. Check the appropriate box to indicate whether
the account holder or payee is an individual or entity.
Lines 2 through 3c. Enter the account holder’s or
payee’s residence address, including country and postal
code, on lines 2 through 3c. If a residence address cannot
be reported as required, report the address used for
account or payee mailings by the FFI or withholding
agent.

DRAFT AS OF
August 6, 2018

Do not enter the GIIN of the Sponsoring Entity or
trustee of a Trustee-Documented Trust on line 9.
That information is reported on line 4.

Line 3c. If you are reporting an address in the United
States, enter only the 9-digit zip code (zip + 4) for that
address.
Line 4. If the account holder or payee has been assigned
a TIN, enter that number on line 4. If the account holder or
payee does not have a TIN, leave line 4 blank.
Line 5. Check the appropriate box on line 5 that
describes the account holder or payee reported on
line 1a.

Line 10. If the entity shown on line 6 has been issued a
U.S. TIN, enter the TIN on line 10. If you entered the
entity's GIIN on line 9, do not complete line 10. If the entity
shown on line 6 is a Territory Financial Institution that has
not been issued a TIN by the IRS, report the EIN assigned
to the entity by the relevant U.S. territory. If the entity
shown on line 6 does not have either a GIIN or a TIN,
leave line 10 blank.

Part III—Owner Information (File a Separate
Report for Each U.S. Owner That Is a Specified
U.S. Person)

Part II—Account Holder or Payee Information

Use Part III to report information about substantial U.S.
owners of a passive NFFE, substantial U.S. owners of a
Direct Reporting NFFE, substantial U.S. owners of a
Sponsored Direct Reporting NFFE, and specified U.S.
persons owning certain equity or debt interests in an
ODFFI identified in Part II, line 1a. Complete lines 1
through 4 to report U.S. owner information as follows.

See the chart at Specific Instructions and Special
instructions for filers not specifically listed in chart, earlier,
before you begin this part to determine whether you are
required to complete Part II.

Direct Reporting NFFEs and Sponsored Direct Reporting NFFEs. If you are a Direct Reporting NFFE or a
Sponsoring Entity filing Form 8966 on behalf of a
Sponsored Direct Reporting NFFE, do not complete Part
II. Identifying information about the Direct Reporting NFFE
or Sponsored Direct Reporting NFFE should be provided
in Part I of the Form 8966.
Jointly held accounts. If you are reporting a
jointly held account in Part II, you must report
CAUTION each account holder that is a specified U.S.
person on a separate Form 8966.

!

Lines 1a through 5. Account holder or payee
information. Complete lines 1a through 5 as follows to
report information with respect to:
A U.S. account held by a specified U.S. person and
maintained by a PFFI.
A passive NFFE with substantial U.S. owners or an
ODFFI with certain equity or debt interests held by
specified U.S. persons that:
1. Is an account holder of a PFFI; or
2. Receives a withholdable payment from a
withholding agent, unless the withholding agent receives
the certification from a PFFI or RDCFFI receiving the
payment, as described in Withholding Agent Reporting
under Accounts and Withholdable Payments Required To
Be Reported, earlier.
Line 1a. Enter the name of the account holder or payee.

See the chart at Specific Instructions and Special
instructions for filers not specifically listed in chart, earlier,
before you begin this part to determine whether you are
required to complete Part III.

Line 1. Enter the U.S. owner’s name.
Lines 2 through 3c. Enter the U.S. owner’s residence
address, including country and postal code, on lines 2
through 3c.
Line 3c. If you are reporting an address in the United
States, enter only the 9-digit zip code (zip + 4) for that
address.
Line 4. Enter the social security number (SSN), individual
taxpayer identification number (ITIN), or employer
identification number (EIN) of the U.S. owner.
U.S. owners. If you are a PFFI or withholding
agent reporting substantial U.S. owners of a
CAUTION passive NFFE, or specified U.S. persons owning
certain equity or debt interests in an ODFFI, you are
required to file a separate Form 8966 to report information
required in Part III for each such substantial U.S. owner or
specified U.S. person. If you are a Direct Reporting NFFE
or a Sponsoring Entity filing on behalf of a Sponsored
Direct Reporting NFFE, you are required to file a separate
Form 8966 to report each substantial U.S. owner.

!

Part IV—Financial Information

See the chart at Specific Instructions and Special
instructions for filers not specifically listed in chart, earlier,
before you begin this part to determine whether you are
required to complete Part IV.

-10-

Instructions for Form 8966 (2018)

Use Part IV to provide financial information about:
An account maintained by a PFFI and held by a
specified U.S. person, passive NFFE with substantial U.S.
owners, or ODFFI with specified U.S. persons holding
certain equity or debt interests in the ODFFI reported on
Part II, line 1a.
A withholdable payment made to a passive NFFE with a
substantial U.S. owner or an ODFFI with a specified U.S.
person holding certain equity or debt interests in the
ODFFI reported on Part II, line 1a, by a withholding agent
that is not a PFFI.
The value of each substantial U.S. owner’s equity
interest in the Direct Reporting NFFE or the Sponsored
Direct Reporting NFFE.
The total of all payments made to each substantial U.S.
owner of a Direct Reporting NFFE or a Sponsored Direct
Reporting NFFE during the calendar year by such NFFE
with respect to each such owner's equity interest in the
NFFE.

Each holder of a jointly held account is attributed

TIP the entire balance or value of the joint account.

Line 3b. Account closed during the year. Check this
box if the account reported in Part IV was closed or
transferred in its entirety during the calendar year. If an
account holder rolls over the amounts in one account into
another account (of the same or different type) with the
same FFI during the calendar year, do not report the
account as closed.

DRAFT AS OF
August 6, 2018

PFFI Filers

Enter the following information on lines 1 through 4d for
each account required to be reported by a PFFI and held
by a specified U.S. person, a passive NFFE with respect
to its substantial U.S. owners, or an ODFFI with respect to
certain equity or debt interests held by more than one
specified U.S. person.
Line 1. Enter the account number on line 1. The account
number is the identifying number assigned by the PFFI for
a purpose other than the filing of this form, or, if no such
number is assigned to the account, a unique serial
number or other number the PFFI assigns to the account
for purposes of filing this form that distinguishes it from
other accounts maintained by the PFFI. For example, the
account number may be the account number of a
custodial account or depository account, the code (ISIN or
other) related to a debt or equity interest (if not held in a
custody account), or the identification code of a cash
value insurance contract or annuity contract. If the PFFI
has no account numbering system, enter “NANUM” for no
account number.
Line 2. If the amounts reported on lines 3a and 4a
through 4d are not reported in U.S. dollars, enter the code
for the currency in which the amounts are reported. The
currency code must be a valid three-character ISO 4217
currency code. If the amounts are reported in U.S. dollars,
enter “USD.”
Line 3a. Enter the average calendar year account
balance or value if that amount is reported to the account
holder. Otherwise, report the account balance or value as
of the end of the calendar year. See Regulations section
1.1471-5(b)(4) for detailed rules for determining an
account’s balance or value.
If an account is closed or transferred in its entirety
TIP during the calendar year, enter the amount or
value withdrawn or transferred from the account in
connection with the closure or transfer on line 3a and
check the box on line 3b for “Account closed during the
year.”

Instructions for Form 8966 (2018)

Line 4a. Enter the aggregate gross amount of interest
paid or credited to the account being reported for the
calendar year.
Line 4b. Enter the aggregate gross amount of dividends
paid or credited with respect to an account being reported
for the calendar year.
Line 4c. Enter the aggregate gross proceeds from the
sale or redemption of property paid or credited to the
account being reported for the calendar year.
Line 4d. Enter the aggregate gross amount of all income
paid or credited to an account for the calendar year,
reduced by interest, dividends, and gross proceeds
reported on lines 4a through 4c. For accounts described
in Regulations sections 1.1471-5(b)(1)(iii) (certain debt or
equity interests, other than an interest as a partner in a
partnership) or 1.1471-5(b)(1)(iv) (certain cash value
insurance contracts and annuity contracts), enter the
aggregate gross amounts paid or credited to the account
during the calendar year, including payments in
redemption (in whole or part) of the account, and do not
enter any amounts on lines 4a through 4c. In the case of
an account that is a partner’s interest in a partnership,
report the amount of the partner’s distributive share of the
partnership’s income or loss for the calendar year, without
regard to whether any such amount is distributed to the
partner during the year, and any guaranteed payments for
the use of capital, and do not enter any amounts on lines
4a through 4c. The amounts required to be reported may
be determined based on the partnership's tax returns or, if
the tax returns are unavailable by the due date for filing
this form, the partnership's financial statements or any
other reasonable method used by the partnership for
calculating the partner's share of partnership income by
such date.
If an account is closed or transferred in its entirety

TIP during a calendar year, report the amounts paid or

credited to the account for the calendar year until
the date of transfer or closure on lines 4a through 4d. See
Regulations section 1.1471-4(d)(4)(iv)(D).

Withholding Agents

A withholding agent that is not an FFI should enter the
following information on lines 1 through 4d in connection
with withholdable payments made to:
An account maintained by the withholding agent and
held by a passive NFFE with a substantial U.S. owner or
an ODFFI with a specified U.S. person owning certain
equity or debt interests in the ODFFI.
A payment on an obligation made to a payee that the
withholding agent treats as a passive NFFE with
-11-

substantial U.S. owner(s) or an ODFFI with a specified
U.S. person owning certain equity or debt interests in the
ODFFI.
Line 1. If the payment is made to an account, enter the
account number on line 1. If the payment is not made to
an account maintained by the payor, enter “NANUM” for
no account number.

by type of payment on lines 4a through 4d or as one
amount on line 4d), including the gross amounts paid or
credited to the substantial U.S. owner with respect to such
owner’s equity interest in the NFFE during the calendar
year, which include payments in redemption or liquidation
(in whole or part) of the substantial U.S. owner’s equity
interest in the NFFE.

DRAFT AS OF
August 6, 2018

Line 2. If the amounts reported on lines 3a and 4a
through 4d are not reported in U.S. dollars, enter the code
for the currency in which the amounts are reported. The
currency code must be a valid three-character ISO 4217
currency code. If the amounts are reported in U.S. dollars,
enter “USD.”
Line 3a. With respect to an account held by an ODFFI,
enter the average calendar year account balance or value
if that amount is reported to the account holder.
Otherwise, report the account balance or value as of the
end of the calendar year. See Regulations section
1.1471-5(b)(4) for detailed rules for determining an
account’s balance or value. If the account holder is a
passive NFFE, or if the payment is not made to an
account, enter “0” on this line.
Line 3b. Do not check the box on line 3b.
Line 4a. Enter the aggregate gross amount of interest
paid (or credited to the payee’s account) that is a
withholdable payment for the calendar year.
Line 4b. Enter the aggregate gross amount of dividends
paid (or credited to the payee’s account) that is a
withholdable payment for the calendar year.
Line 4c. Enter the aggregate gross proceeds paid (or
credited to the payee’s account) that is a withholdable
payment for the calendar year.
Line 4d. Enter the aggregate gross amount of all income
paid (or credited to the payee’s account) that is a
withholdable payment for the calendar year, reduced by
interest, dividends, and gross proceeds reported on lines
4a through 4c.

Direct Reporting NFFEs and Sponsored Direct
Reporting NFFEs

If you are a Direct Reporting NFFE or a Sponsoring Entity
filing Form 8966 on behalf of a Sponsored Direct
Reporting NFFE, complete lines 1 through 4d as follows.

Line 1. Enter “NANUM” (for no account number) on
line 1.
Line 2. If the amounts reported on lines 3a and 4a
through 4d are not reported in U.S. dollars, enter the code
for the currency in which the amounts are reported. The
currency code must be a valid three-character ISO 4217
currency code. If the amounts are reported in U.S. dollars,
enter “USD.”
Line 3a. Enter the value of the equity interest in the NFFE
of the substantial U.S. owner identified in Part III.
Line 3b. Do not check the box on line 3b.
Lines 4a through 4d. Enter the total of all payments
made by the NFFE during the calendar year to the
substantial U.S. owner identified in Part III (either divided

Part V—Pooled Reporting Type

See the chart at Specific Instructions and Special
instructions for filers not specifically listed in chart, earlier,
before you begin this part to determine whether you are
required to complete Part V.
If you are a PFFI, use Part V to report information about
the accounts held by recalcitrant account holders (or, for a
Reporting Model 2 FFI, non-consenting U.S. accounts) on
a pooled basis. If you are required to report more than one
type of pooled reporting account, file a separate Form
8966 for each type.

!

CAUTION

Direct Reporting NFFEs and Sponsored
Direct Reporting NFFEs. Do not complete Part
V.

Lines 1 through 5. Complete lines 1, 2, 4, and 5 as
follows to report information about accounts for which
pooled reporting is permitted. Do not complete line 3.
Line 1. Check the appropriate box for the applicable
pooled reporting type. See Accounts and Withholdable
Payments Required To Be Reported—Accounts for which
pooled reporting is permitted for the categories of pooled
reporting accounts.
If you are a Reporting Model 2 FFI reporting a

TIP preexisting account that is a non-consenting U.S.

account, use the pooled reporting category for
recalcitrant account holders that are U.S. persons or
recalcitrant account holders with U.S. indicia (if the
Reporting Model 2 FFI treats the account as a U.S.
account based on U.S. indicia as permitted under Annex I
of the Model 2 IGA). If you are a Reporting Model 2 FFI
reporting a new individual account that has a change in
circumstances that causes you to know or have reason to
know that the original self-certification is incorrect or
unreliable and you are unable to obtain a valid
self-certification establishing whether the account holder
is a U.S. citizen or resident, use the pooled reporting
category for recalcitrant account holders with U.S. indicia.
Line 2. Enter the total number of accounts reported in
Part V.
Line 3. Do not complete this line.
Line 4. Enter the aggregate balance or value of the
accounts held by recalcitrant account holders (or, for
Reporting Model 2 FFIs, non-consenting U.S. accounts)
at the end of the year.
Line 5. If the amounts reported on lines 3 and 4 (to the
extent applicable) are not reported in U.S. dollars, enter
the code for the currency in which the amounts are
reported. The currency code must be a valid
three-character ISO 4217 currency code. If the amounts
are reported in U.S. dollars, enter “USD.”
-12-

Instructions for Form 8966 (2018)

Paperwork Reduction Act Notice. We ask for the
information on this form to carry out the Internal Revenue
laws of the United States. Chapter 4 of the Code requires
certain withholding agents and foreign financial
institutions to report information with respect to certain
U.S. accounts, substantial U.S. owners of passive NFFEs,
U.S. accounts held by owner-documented FFIs, and
certain other accounts as applicable based on the filer’s
chapter 4 status. Form 8966 is used to comply with this
reporting requirement.
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 25 minutes.
If you have comments concerning the accuracy of this
time estimate or suggestions for making this form simpler,
we would be happy to hear from you. You can send us
comments from IRS.gov/FormComments. Or you can
write to Internal Revenue Service, Tax Forms and
Publications, SE:W:CAR:MP:TFP, 1111 Constitution Ave.
NW, IR-6526, Washington, DC 20224. Do not send the
form to this address. Instead, see When, How, and Where
To File, earlier.

DRAFT AS OF
August 6, 2018

Instructions for Form 8966 (2018)

-13-