Form W-8EXP Certificate of Foreign Government or Other Foreign Organ

W-8 BEN, W-8BEN-E, W-8EIC, W-8EXP, W-8IMY

fw-8_exp--2023-10-00_draft

W-8EXP - Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding

OMB: 1545-1621

Document [pdf]
Download: pdf | pdf
Note: The draft you are looking for begins on the next page.

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. Do not file draft forms and do
not rely on draft forms, instructions, and pubs for filing. We incorporate all
significant changes to forms posted with this coversheet. However, unexpected
issues occasionally arise, or legislation is passed—in this case, we will post a
new draft of the form to alert users that changes were made to the previously
posted draft. Thus, there are never any changes to the last posted draft of a
form and the final revision of the form. Forms and instructions are subject to
OMB approval before they can be officially released, so we post drafts of them
until they are approved. Drafts of instructions and pubs usually have some
additional changes before their final release. Early release drafts are at
IRS.gov/DraftForms and remain there after the final release is posted at
IRS.gov/LatestForms. Also see IRS.gov/Forms.
Most forms and publications have a page on IRS.gov: IRS.gov/Form1040 for
Form 1040; IRS.gov/Pub501 for Pub. 501; IRS.gov/W4 for Form W-4; and
IRS.gov/ScheduleA for Schedule A (Form 1040), for example, and similarly for
other forms, pubs, and schedules for Form 1040. When typing in a link, type it
into the address bar of your browser, not a Search box on IRS.gov.
If you wish, you can submit comments to the IRS about draft or final forms,
instructions, or pubs at IRS.gov/FormsComments. Include “NTF” followed by the
form or pub number (for example, “NTF1040”, “NTFW4”, “NTF501, etc.) in the
body of the message to route your message properly. We cannot respond to all
comments due to the high volume we receive and may not be able to consider
many suggestions until the subsequent revision of the product, but we will
review each “NTF” message. If you have comments on reducing paperwork and
respondent (filer) burden, with respect to draft or final forms, please respond to
the relevant information collection through the Federal Register process; for
more info, click here.

W-8EXP

Form

(Rev. October 2023)

Certificate of Foreign Government or Other Foreign
Organization for United States Tax
Withholding and Reporting
(For use by foreign governments, international organizations, foreign central banks of issue, foreign
tax-exempt organizations, foreign private foundations, and governments of U.S. possessions.)

Department of the Treasury
Internal Revenue Service

OMB No. 1545-1621

Go to www.irs.gov/FormW8EXP for instructions and the latest information.
Section references are to the Internal Revenue Code.
Give this form to the withholding agent or payer. Do not send to the IRS.

TREASURY/IRS
AND OMB USE
ONLY DRAFT
June 28, 2023
DO NOT FILE

Do not use this form for:

Instead, use Form:

• A foreign government or other foreign organization that is not claiming the applicability of section(s) 115(2), 501(c), 892, 895,
or 1443(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
W-8BEN-E or W-8ECI
• A beneficial owner solely claiming foreign status or treaty benefits . . . . . . . . . . . . . . . . . W-8BEN or W-8BEN-E
• A foreign partnership (except for a withholding qualified holder under section 1445) or a foreign trust . . . . . . .
W-8BEN-E or W-8IMY
• A person claiming that income is effectively connected with the conduct of a trade or business in the United States
. . . . . .
W-8ECI
• A person acting as an intermediary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
W-8IMY

Part I

Identification of Beneficial Owner

1 Name of organization

3 Type of
entity

2 Country of incorporation or organization

Foreign government
International organization
Foreign central bank of issue (not
wholly owned by the foreign sovereign)

4 Chapter 4 Status (FATCA status):
Participating FFI.
Reporting Model 1 FFI.
Reporting Model 2 FFI.
Registered deemed-compliant FFI
(other than a Reporting Model 1 FFI).

Nonreporting IGA FFI. Complete Part III.
Territory financial institution. Complete Part III.
International organization.

Foreign tax-exempt organization
Foreign private foundation
Government of a U.S. possession
Withholding qualified holder under section 1445

Foreign government (including a political subdivision),
government of a U.S. possession, or foreign central bank of issue.
Complete Part III.
Exempt retirement plan of foreign government. Complete Part III.
501(c) organization. Complete Part III.
Passive NFFE. Complete Part III.
Direct reporting NFFE.
Sponsored direct reporting NFFE. Complete Part III.

5 Permanent address (street, apt. or suite no., or rural route). Do not use a P.O. box or in-care-of address (other than a registered address).
City or town, state or province. Include postal code where appropriate.

Country

6 Mailing address (if different from above).

City or town, state or province. Include postal or ZIP code where appropriate.
7 U.S. TIN, if required (see instructions)

Country

8a GIIN

b Foreign TIN (see instructions)

9 Reference number(s) (see instructions)

Part II

Qualification Statement for Chapter 3 Status

10

For a foreign government:
a
I certify that the entity identified in Part I is a foreign government within the meaning of section 892 and the payments are
within the scope of the exemption granted by section 892.
Check box 10b or box 10c, whichever applies.
b
The entity identified in Part I is an integral part of the government of
.
c
The entity identified in Part I is a controlled entity of the government of
.
If box 10c is checked, check box 10d or box 10e, whichever applies.
I certify that for a beneficial owner that is a controlled entity of a foreign sovereign (other than a foreign central bank of issue
d
wholly owned by a foreign sovereign), the beneficial owner is not engaged in commercial activities within or outside the
United States.
e

11

I certify that for a beneficial owner that is a foreign central bank of issue and a controlled entity of a foreign sovereign, the
beneficial owner is not engaged in commercial activities within the United States.
For an international organization:
I certify that:
• The entity identified in Part I is an international organization within the meaning of section 7701(a)(18), and
• The payments are within the scope of the exemption granted by section 892.

For Paperwork Reduction Act Notice, see separate instructions.

Cat. No. 25401F

Form W-8EXP (Rev. 10-2023)

Page 2

Form W-8EXP (Rev. 10-2023)

Part II

Qualification Statement for Chapter 3 Status (continued)

12

For a foreign central bank of issue (not wholly owned by the foreign sovereign):
I certify that:
• The entity identified in Part I is a foreign central bank of issue,
• The entity identified in Part I does not hold obligations or bank deposits to which this form relates for use in
connection with the conduct of a commercial banking function or other commercial activity, and
• The payments are within the scope of the exemption granted by section 895.
13
For a foreign tax-exempt organization, including foreign private foundations:
If any of the income to which this certification relates constitutes income includible under section 512 in computing the
entity’s unrelated business taxable income, attach a statement identifying the amounts.
Check either box 13a or box 13b.
a
I certify that the entity identified in Part I has been issued a determination letter by the IRS dated
that is currently in effect and that concludes that it is an exempt organization described in section 501(c).
I have attached to this form an opinion from U.S. counsel concluding that the entity identified in Part I is described in
b
section 501(c).
For section 501(c)(3) organizations only, check either box 13c or box 13d.
c
If the determination letter or opinion of counsel concludes that the entity identified in Part I is described in section 501(c)(3),
I certify that the organization is not a private foundation described in section 509. I have attached an affidavit of the
organization setting forth sufficient facts for the IRS to determine that the organization is not a private foundation because it
meets one of the exceptions described in section 509(a)(1), (2), (3), or (4).
d

TREASURY/IRS
AND OMB USE
ONLY DRAFT
June 28, 2023
DO NOT FILE

If the determination letter or opinion of counsel concludes that the entity identified in Part I is described in section 501(c)(3),
I certify that the organization is a private foundation described in section 509.
14
For a government of a U.S. possession:
I certify that the entity identified in Part I is a government of a possession of the United States, or is a political subdivision
thereof, and is claiming the exemption granted by section 115(2).
15
For a withholding qualified holder:
Check either box 15a or 15b.
a
I certify that the entity identified in Part I is treated as a non-foreign person for purposes of sections 897 and 1445 because
it is a qualified holder under Regulations section 1.897(I)-1(d).
b
I certify that the entity identified in Part I is treated as a non-foreign person for purposes of sections 897 and 1445 because
it is a foreign partnership all of the interests of which are held by qualified holders (under Regulations section 1.897(I)-1(d)),
including through one or more partnerships.

Part III
16

Qualification Statement for Chapter 4 Status (if required)

For a nonreporting IGA FFI:
I certify that the entity identified in Part I:
• Meets the requirements to be considered a nonreporting financial institution pursuant to an applicable IGA between the United States
;
and
• Is treated as a
under the provisions of the applicable IGA (see instructions); and
• If you are an FFI treated as a registered deemed-compliant FFI under an applicable Model 2 IGA, provide your
GIIN:
.
For a territory financial institution:
I certify that the entity identified in Part I is a financial institution (other than an investment entity) that is incorporated or
organized under the laws of a possession of the United States.
For a foreign government (including a political subdivision), government of a U.S. possession, or foreign central bank of issue:
I certify that the entity identified in Part I is the beneficial owner of the payment and is not engaged in commercial financial
activities of a type engaged in by an insurance company, custodial institution, or depository institution with respect to the
payments, accounts, or obligations for which this form is submitted (except as permitted in Regulations section
1.1471-6(h)(2)).

17

18

19
a

b

For an exempt retirement plan of a foreign government:
Check box 19a or box 19b, whichever applies.
I certify that the entity identified in Part I is established and sponsored by a foreign government, international organization,
central bank of issue, or government of a U.S. possession (each as defined in Regulations section 1.1471-6 or an
applicable Model 1 or Model 2 IGA) to provide retirement, disability, or death benefits to beneficiaries or participants that
are current or former employees of the sponsor (or persons designated by such employees); or
I certify that the entity identified in Part I is established and sponsored by a foreign government, international organization,
central bank of issue, or government of a U.S. possession (each as defined in Regulations section 1.1471-6 or an
applicable Model 1 or Model 2 IGA) to provide retirement, disability, or death benefits to beneficiaries or participants that
are not current or former employees of such sponsor, but are in consideration of personal services performed for the
sponsor.
Form W-8EXP (Rev. 10-2023)

Page 3

Form W-8EXP (Rev. 10-2023)

Part III

Qualification Statement for Chapter 4 Status (if required) (continued)

20

For a 501(c) organization:
I certify that the entity identified in Part I is an entity described in section 501(c) but is not an insurance company described
in section 501(c)(15).
21
For a passive NFFE:
a
I certify that the entity identified in Part I is a foreign entity that is not a financial institution (other than an investment entity
organized in a possession of the United States).
Check box 21b or 21c, whichever applies.
b
I further certify that the entity identified in Part I has no substantial U.S. owners, or
c
I further certify that the entity identified in Part I has provided a statement including the name, address, and TIN of each
substantial U.S. owner of the NFFE (see instructions).
22
Name of sponsoring entity:
I certify that the entity identified in Part I is a direct reporting NFFE that is sponsored by the entity identified in line 22.

Part IV

TREASURY/IRS
AND OMB USE
ONLY DRAFT
June 28, 2023
DO NOT FILE
Certification

Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and
belief it is true, correct, and complete. I further certify under penalties of perjury that:
• The organization for which I am signing is the beneficial owner of the income and other payments to which this form relates, and
the beneficial owner is not a U.S. person; or
• The organization for which I am signing is a withholding qualified holder because it is a qualified holder under Regulations
section 1.897(I)-1(d) or it is a partnership and all of its interests are held, directly or indirectly, by qualified holders under
Regulations section 1.1445-1(g)(11).
Furthermore, I authorize this form to be provided to any withholding agent that has control, receipt, or custody of the payments
of which I am the beneficial owner or any withholding agent that can disburse or make payments of the amounts of which I am
the beneficial owner.
I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect.
I certify that I have the capacity to sign for the entity identified on line 1 of this form.

Sign
Here

Signature of authorized official

Print name

Date (MM-DD-YYYY)

Form W-8EXP (Rev. 10-2023)


File Typeapplication/pdf
File TitleForm W-8EXP (Rev. October 2023)
SubjectFillable
AuthorSE:W:CAR:MP
File Modified2023-09-08
File Created2023-06-27

© 2024 OMB.report | Privacy Policy