Instructions for Form

Instructions for Form

W-8EXP

Department of the Treasury

Internal Revenue Service

(Rev. October 2023)

Certificate of Foreign Government or Other Foreign Organization for United States

Tax Withholding and Reporting

Section references are to the Internal Revenue Code

unless otherwise noted.

Future Developments

For the latest information about developments related to

Form W-8EXP and its instructions, such as legislation

enacted after they were published, go to IRS.gov/

FormW8EXP.

What’s New

Purpose of form. This section has been revised to

provide additional background on the withholding regimes

that may apply to payments to foreign entities and the

exemptions to withholding that may be claimed with Form

W-8EXP. These revisions are not intended to be

substantive changes.

Qualified foreign pension funds. These instructions

have been updated to reflect final regulations published in

December 2022 (87 FR 80042) regarding qualified foreign

pension funds and claiming an exemption to withholding

under section 1445.

Non-private foundation status. The instructions to

line 13c have been updated for revisions to the supporting

information required for an entity qualifying under section

501(c)(3) to represent that it is not a foreign private

foundation. These revisions generally relate to

modifications to Rev. Proc. 92-94, 1992-2 C.B. 507

(previously referenced in these instructions) that were

made in Rev. Proc. 2017-53, 2017-40 I.R.B. 263.

General Instructions

Purpose of Form

If you receive certain types of income, you must provide

Form W-8EXP to:

• Establish that you are not a U.S. person;

• Claim that you are the beneficial owner of the income

for which Form W-8EXP is given; and

• Claim a reduced rate of, or exemption from, withholding

as a foreign government, international organization,

foreign central bank of issue, foreign tax-exempt

organization, foreign private foundation, or a government

of a U.S. territory.

In addition, a withholding qualified holder under section

1445 may use a Form W-8EXP to establish that it is

treated as a non-foreign person and claim an exemption to

withholding pursuant to section 897(l) (relating to qualified

foreign pension funds).

Nov 7, 2023

Withholding rules. Foreign persons are subject to U.S.

tax at a 30% rate on payments they receive from U.S.

sources that consist 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. Certain payments made to foreign

private foundations are instead subject to tax at a 4% rate

under section 1443.

Under chapter 4, withholdable payments made to a

foreign entity are generally subject to withholding at a 30%

rate unless the entity has established an exemption to

withholding based on a valid chapter 4 status.

Gain or loss of a foreign person on the disposition of a

U.S. real property interest (USRPI) is taken into account

as if the gain or loss is effectively connected with a U.S.

trade or business under section 897. The transferee is

generally required to withhold tax from the amount

realized under section 1445. Certain distributions by

qualified investment entities (QIEs) that are attributable to

the disposition of USRPIs are also subject to withholding

under section 1445. Gain or loss of a foreign person that

is a qualified holder (as defined in Regulations section

1.897(l)-1(d)) on the disposition of a USRPI or on a

portion of a distribution from a qualified investment entity

that is attributable to the disposition of USRPIs is exempt

from tax under section 897 and from withholding under

section 1445. The amount realized by a foreign

partnership all the interests of which are held by qualified

holders (a withholding qualified holder as defined in

Regulations section 1.1445-1(g)(11)) on the disposition of

a USRPI or a distribution from a QIE that is attributable to

the disposition of USRPIs is exempt from withholding

under section 1445.

Foreign persons are also subject to tax at graduated

rates on income they earn that is considered effectively

connected with a U.S. trade or business. If a foreign

person holds an interest in a partnership that conducts a

U.S. trade or business, the foreign person is considered to

be engaged in a U.S. trade or business. The partnership is

Cat. No. 25903G

foreign government, international organization, foreign

central bank of issue, foreign tax-exempt organization,

foreign private foundation, or government of a U.S.

territory must provide a Form W-8EXP to a withholding

agent or payer with all necessary documentation. The

withholding agent or payer of the income may rely on a

valid Form W-8EXP to treat the payment, credit, or

allocation associated with the Form W-8EXP as being

made to a foreign government, international organization,

foreign central bank of issue, foreign tax-exempt

organization, foreign private foundation, or government of

a U.S. territory that is exempt from withholding at the 30%

rate (or, where appropriate, subject to withholding at a 4%

rate).

required to withhold tax under section 1446(a) on the

foreign person's allocable share of the partnership's

effectively connected taxable income (ECTI). A foreign

person that directly or indirectly disposes of an interest in

a partnership that conducts a U.S. trade or business may

have gain treated as effectively connected income under

section 864(c)(8). Under section 1446(f), the transferee

purchasing that partnership interest is generally required

to withhold a tax equal to 10% of the amount realized.

Exemptions to withholding. In general, payments to a

foreign government (including a foreign central bank of

issue wholly owned by a foreign sovereign) from

investments in the United States in stocks, bonds, other

domestic securities, financial instruments held in the

execution of governmental financial or monetary policy,

and interest on deposits in banks in the United States are

exempt from tax under section 892 and exempt from

withholding under sections 1441 and 1442. Payments

other than those described above, including income

derived in the United States from the conduct of a

commercial activity, income received from a controlled

commercial entity (including gain from the disposition of

any interest in a controlled commercial entity), and income

received by a controlled commercial entity, do not qualify

for exemption from tax under section 892 or exemption

from withholding under sections 1441 and 1442. See

Temporary Regulations section 1.892-3T. In addition,

certain distributions to a foreign government from a real

estate investment trust (REIT) may not be eligible for relief

from withholding and may be subject to withholding at

21% (35% for distributions made before January 1, 2018)

of the gain realized. For the definition of “commercial

activities,” see Temporary Regulations section 1.892-4T.

For purposes of section 1445, a withholding qualified

holder may establish an exemption from tax under section

897 by providing a Form W-8EXP to a withholding agent

or transferee. A withholding qualified holder is not exempt

from withholding under section 1441 or 1442 by virtue of

its status as a withholding qualified holder.

For purposes of section 1446(a), a partner may provide

a Form W-8EXP to reduce its ECTI subject to withholding

if it is a:

• Foreign tax-exempt organization (under section 501(c))

receiving an allocable share of income that is not

includible under sections 512 and 513, or

• Qualified holder under section 1445 receiving an

allocable share of income subject to section 897. See

Regulations section 1.1446-1(c)(2)(ii)(G).

In addition chapter 4 requires withholding agents to

identify the chapter 4 status of payees receiving

withholdable payments to determine whether withholding

applies under chapter 4. Under chapter 4, certain foreign

governments, foreign central banks, international

organizations, and foreign entities described in section

501(c) (other than an insurance company described in

section 501(c)(15)) are not subject to withholding under

chapter 4. A withholding agent may request this Form

W-8EXP to establish your chapter 4 status and avoid

withholding.

In general, payments to an international organization

from investment in the United States in stocks, bonds and

other domestic securities, interest on deposits in banks in

the United States, and payments from any other source

within the United States are exempt from tax under

section 892 and exempt from withholding under sections

1441 and 1442. See Temporary Regulations section

1.892-6T. Payments to a foreign central bank of issue

(whether or not wholly owned by a foreign sovereign) or to

the Bank for International Settlements from obligations of

the United States or of any agency or instrumentality

thereof, or from interest on deposits with persons carrying

on the banking business, are also generally exempt from

tax under section 895 and exempt from withholding under

sections 1441 and 1442. In addition, payments to a

foreign central bank of issue from bankers’ acceptances

are exempt from tax under section 871(i)(2)(C) and

exempt from withholding under sections 1441 and 1442.

Chapter 4 also requires participating foreign financial

institutions (FFIs) and certain registered

deemed-compliant FFIs to document 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 maintain an account

with an FFI and have a chapter 4 status shown in Part I,

line 4 of this form, provide this Form W-8EXP when

requested by the FFI in order to document your chapter 4

status.

Payments to a foreign tax-exempt organization of

certain types of U.S. source income are also generally

exempt from tax and exempt from withholding. Gross

investment income of a foreign private foundation,

however, is subject to withholding under section 1443(b)

at a rate of 4%.

Additional information. For additional information and

instructions for the withholding agent, see the Instructions

for the Requester of Forms W–8 BEN, W–8 BEN–E, W–8

ECI, W–8 EXP, and W–8 IMY.

Who must provide Form W-8EXP. You must give Form

W-8EXP to the withholding agent or payer if you are:

• A foreign government, international organization,

foreign central bank of issue, foreign tax-exempt

organization, foreign private foundation, or government of

a U.S. territory receiving an amount subject to withholding

under sections 1441 through 1443 or a withholdable

Payments to a government of a territory of the United

States are generally exempt from tax and withholding

under section 115(2).

To establish eligibility for exemption from 30% tax and

withholding under sections 892, 895, 501(c), or 115(2), a

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

person will be the one from whom you receive the

payment (including the transferee of a USRPI), who

credits your account, or a partnership that allocates

income to you. Generally, a separate Form W-8EXP must

be given to each withholding agent.

Give Form W-8EXP to the person requesting it before

the payment is made, credited, or allocated to you or your

account. If you qualify for an exemption to tax, but do not

provide this form, the withholding agent may have to

withhold tax at the highest applicable rate. If you receive

more than one type of income from a single withholding

agent, the withholding agent may require you to submit a

Form W-8EXP for each different type of income.

payment subject to chapter 4, or are such an entity

maintaining an account with an FFI requesting this form;

• A withholding qualified holder claiming an exemption to

withholding under section 1445;

• A foreign tax-exempt organization claiming an

exemption to withholding under section 1446(a) on your

allocable share of ECTI that is not includible under section

512 and section 513 for purposes of computing unrelated

business taxable income;

• A qualified holder claiming an exemption to withholding

under section 1446(a) on its allocable share of ECTI that

is income subject to section 897; or

• Otherwise establishing your status as a non-U.S.

person (for an entity permitted to use this form under

applicable regulations).

Expiration of Form W-8EXP. Generally, a Form W-8EXP

remains in effect indefinitely until a change of

circumstances makes any information provided on the

form incorrect. In some cases, however, Form W-8EXP

will remain valid only for a period starting on the date the

form is signed and ending on the last day of the third

succeeding calendar year. For example, a Form W-8EXP

provided on February 15, 2022, by a controlled entity of a

foreign government would be subject to the 3-year validity

period and thus would expire on December 31, 2025, for

sections 1441 through 1443 purposes. For more

exceptions to the indefinite validity period, see:

• Regulations section 1.1441-1(e)(4)(ii) for sections 1441

through 1443 purposes,

• Regulation section 1.1445-5(b)(3)(ii)(B)(3) (2 years) for

1445 purposes,

• Regulation section 1.1446-1(c)(2)(iv) for section 1446

purposes, and

• Regulations section 1.1471-3(c)(6)(ii) for chapter 4

purposes.

When not to use Form W-8EXP. Do not use Form

W-8EXP if you are:

• Not a foreign government, international organization,

foreign central bank of issue, foreign tax-exempt

organization, foreign private foundation, or government of

a U.S. territory receiving amounts subject to withholding

under sections 1441 through 1443 claiming the

applicability of section 115(2), 501(c), 892, 895, or

1443(b). Instead, provide Form W-8BEN-E, or Form

W-8ECI. For example, if you are a foreign tax-exempt

organization claiming a benefit under an income tax treaty,

provide Form W-8BEN-E.

• Receiving a withholdable payment from a withholding

agent requesting this form and you do not have a

chapter 4 status identified in Part I, line 4 of this form.

• Acting as an intermediary (that is, acting not for your

own account, but for the account of others as an agent,

nominee, or custodian). Instead, provide Form W-8IMY.

• Receiving income that is effectively connected with the

conduct of a trade or business in the United States.

Instead, provide Form W-8ECI, when applicable.

• A tax-exempt organization receiving unrelated business

taxable income subject to withholding under section

1443(a). Instead, provide Form W-8BEN-E or Form

W-8ECI (as applicable) for this portion of your income.

• A foreign partnership, a foreign simple trust, a foreign

complex trust, or a foreign grantor trust. Instead, provide

Form W-8ECI, W-8BEN-E, or Form W-8IMY. However, a

foreign grantor trust is required to provide documentation

of its grantor or other owner for purposes of section 1446.

See Regulations section 1.1446-1. In addition, a foreign

partnership may use this form to establish its status as a

withholding qualified holder exempt from withholding

under section 1445.

• A foreign partnership receiving a payment subject to

withholding under section 1445 and you don't qualify as a

withholding qualified holder under section 1445 because

not all of your partners are qualified holders. In such a

case, see Regulations section 1.1445-3 for procedures to

obtain a withholding certificate to reduce withholding.

• A foreign partnership claiming an exemption or

adjustment to withholding under section 1446(f) on an

amount realized on the transfer of an interest in a

partnership.

Change in circumstances. If a change in circumstances

makes any information on the Form W-8EXP you have

submitted incorrect, you must notify the withholding agent

within 30 days of the change in circumstances and you

must file a new Form W-8EXP or other appropriate form. A

withholding qualified holder that fails to qualify as a

withholding qualified holder due to a change in

circumstances must notify the relevant entity before any

further dispositions or distributions. See Regulations

section 1.1445-5(b)(3)(ii)(B)(3).

Definitions

Amounts exempt from tax under section 895. Section

895 generally excludes from gross income and exempts

from U.S. taxation income a foreign central bank of issue

receives from obligations of the United States (or of any

agency or instrumentality thereof) or from interest on

deposits with persons carrying on the banking business

unless such obligations or deposits are held for, or used in

connection with, the conduct of commercial banking

functions or other commercial activities of the foreign

central bank of issue.

Amounts exempt from tax under section 892. Only a

foreign government or an international organization as

defined below qualifies for exemption from taxation under

section 892. Section 892 generally excludes from gross

income and exempts from U.S. taxation income a foreign

government receives from investments in the United

Giving Form W-8EXP to the withholding agent. Do

not send Form W-8EXP to the IRS. Instead, give it to the

person who is requesting it from you. Generally, this

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

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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

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.

The beneficial owner of income paid to a foreign estate

is the estate itself.

These beneficial owner rules apply primarily for

purposes of withholding under sections 1441 and 1442.

The rules also generally apply for purposes of section

1446, with a few exceptions. See Regulations section

1.1446-1 for instances where the documentation

requirements of sections 1441 and 1442 differ from

section 1446.

For purposes of completing Form W-8EXP, a foreign

partnership that is a withholding qualified holder under

section 1445 should be identified as the beneficial owner.

States in stocks, bonds, or other domestic securities;

financial instruments held in the execution of

governmental financial or monetary policy; and interest on

deposits in banks in the United States of monies

belonging to the foreign government. Income of a foreign

government from any of the following sources is not

exempt from U.S. taxation.

• The conduct of any commercial activity.

• A controlled commercial entity.

• The disposition of any interest in a controlled

commercial entity. For the definition of “commercial

activity,” see Temporary Regulations section 1.892-4T.

Section 892 also generally excludes from gross income

and exempts from U.S. taxation income of an international

organization received from investments in the United

States in stocks, bonds, or other domestic securities and

interest on deposits in banks in the United States of

monies belonging to the international organization or from

any other source within the United States.

Amounts subject to withholding. Generally, an amount

subject to withholding under sections 1441 through 1443

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. FDAP income does not

include 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 sections 1445 and 1446(f), the amount

subject to withholding is generally the transferor's amount

realized.

For purposes of section 1446(a), the amount subject to

withholding is the foreign partner’s allocable share of the

partnership’s ECTI.

An amount subject to chapter 4 withholding is an

amount of U.S. source FDAP income that is also a

withholdable payment as defined in Regulations section

1.1473-1(a) to which an exception does not apply under

chapter 4. The exemptions from withholding or taxation

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).

Chapter 3. Chapter 3 means chapter 3 of the Internal

Revenue Code (Withholding of Tax on Nonresident Aliens

and Foreign Corporations) under 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.

Commercial activities. For purposes of chapter 4,

commercial activities are financial activities of a type

engaged in by an insurance company, custodial institution,

or depository institution (including the act of accepting

deposits). An exempt beneficial owner will not be

considered exempt for chapter 4 purposes with respect to

payments derived from an obligation held in connection

with a commercial financial activity. See Regulations

section 1.1471-6(h), including limitations on the scope of

a commercial financial activity. For purposes of chapter 3,

commercial activities are described in Temporary

Regulations section 1.892-4T.

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.

Controlled commercial entity. A controlled commercial

entity is an entity engaged in commercial activities

described in Temporary Regulations section 1.892-4T

(whether conducted within or outside the United States) if

the foreign government holds (directly or indirectly):

• Any interest in the entity which (by value or voting

power) is 50% or more of the total of such interests in the

entity, or

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

• A sufficient interest (by value or voting power) or any

other interest in the entity which provides the foreign

government with effective practical control of the entity.

For this purpose, an entity means a corporation, a

partnership, a trust (including a pension trust), and an

estate. A partnership’s commercial activities are

attributable to its general and, subject to Proposed

Regulations section 1.892-5(a)(5), limited partners for

purposes of determining whether the partner is a

controlled commercial entity for purposes of section 892.

The partnership’s commercial activities will result in the

partnership having to withhold tax under section 1446 on

commercial income that is the ECTI allocable to a foreign

government partner.

of International Settlements is treated as though it were a

foreign central bank of issue.

A foreign central bank of issue must provide Form

W-8EXP to establish eligibility for exemption from

withholding for payments exempt from tax under either

section 892 or section 895.

Foreign financial institution (FFI). An FFI generally

means a foreign entity that is a financial institution.

Foreign person. A foreign person includes a nonresident

alien individual, foreign corporation, foreign partnership,

foreign trust, foreign estate, foreign government,

international organization, foreign central bank of issue,

foreign tax-exempt organization, foreign private

foundation, or government of a U.S. territory, and any

other person that is not a U.S. person. It also includes a

foreign branch or office of a U.S. financial institution or

U.S. clearing organization if the foreign branch is a

qualified intermediary. Generally, a payment to a U.S.

branch of a foreign person is a payment to a foreign

person.

Note. A foreign central bank of issue will be treated as a

controlled commercial entity only if it engages in

commercial activities within the United States.

Chapter 4 status. The term chapter 4 status means a

person’s status as a U.S. person, specified U.S. person,

foreign person, participating FFI, deemed-compliant FFI,

restricted distributor, exempt beneficial owner,

nonparticipating FFI, territory financial institution,

excepted nonfinancial foreign entity (NFFE), or passive

NFFE. See Regulations section 1.1471-1(b) for the

definitions of these terms.

Foreign government. For chapter 3 purposes, a foreign

government includes only the integral parts or controlled

entities of a foreign sovereign as defined in Temporary

Regulations section 1.892-2T. See Regulations section

1.1471-6(b) for definitions of integral part and controlled

entity that apply for chapter 4 purposes.

An integral part of a foreign sovereign, in general, is any

person, body of persons, organization, agency, bureau,

fund, instrumentality, or other body, however designated,

that constitutes a governing authority of a foreign country.

The net earnings of the governing authority must be

credited to its own account or to other accounts of the

foreign sovereign, with no portion benefiting any private

person.

A controlled entity of a foreign sovereign is an entity

that is separate in form from the foreign sovereign or

otherwise constitutes a separate juridical entity only if:

• It is wholly owned and controlled by the foreign

sovereign directly or indirectly through one or more

controlled entities.

• It is organized under the laws of the foreign sovereign

by which it is owned.

• Its net earnings are credited to its own account or to

other accounts of the foreign sovereign, with no portion of

its income inuring to the benefit of any private person.

• Its assets vest in the foreign sovereign upon dissolution.

A controlled entity of a foreign sovereign also includes

a pension trust defined in Temporary Regulations section

1.892-2T(c) and may include a foreign central bank of

issue to the extent that it is wholly owned by a foreign

sovereign.

A foreign government must provide Form W-8EXP to

establish eligibility for exemption from withholding for

payments exempt from tax under section 892 or for

purposes of establishing its status as an exempt beneficial

owner.

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 Global Intermediary Identification

Number (GIIN). These FFIs are referred to as registered

deemed-compliant FFIs. See Regulations section

1.1471-5(f).

Exempt beneficial owner. An exempt beneficial owner

means a person that is described in Regulations section

1.1471-6 and includes a foreign government, a political

subdivision of a foreign government, a wholly owned

instrumentality or agency of a foreign government or

governments, an international organization, a wholly

owned agency or instrumentality of an international

organization, a foreign central bank of issue, a

government of a U.S. territory, certain retirement funds,

and certain entities wholly owned by one or more exempt

beneficial owners. In addition, an exempt beneficial owner

includes any person treated as an exempt beneficial

owner under an applicable Model 1 IGA or Model 2 IGA

(defined later).

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 central bank of issue. A foreign central bank of

issue is a bank that is by law or government sanction the

principal authority, other than the government itself, to

issue instruments intended to circulate as currency. Such

a bank is generally the custodian of the banking reserves

of the country under whose law it is organized. The Bank

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

Intergovernmental agreement (IGA). An 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

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pension fund) or a qualified controlled entity that satisfies

the requirements of either Regulations section

1.897(l)-1(d)(2) or Regulations section 1.897(l)-1(d)(3).

the list of jurisdictions at home.treasury.gov/Policy-Issues/

Tax-Policy/Foreign-Account-Tax-Compliance-Act.

A Model 1 IGA means an agreement between the

United States or the Treasury Department and a foreign

government or one or more agencies to implement FATCA

through reporting by FFIs to such foreign government or

agency 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 United States or the Treasury Department

and a foreign government or one or more agencies to

implement FATCA through reporting by FFIs directly to the

IRS in accordance with the requirements of an FFI

agreement, supplemented by the exchange of information

between such foreign government or agency thereof and

the IRS. An FFI in a Model 2 IGA jurisdiction that has

entered into an FFI agreement with respect to a branch is

a participating FFI, but may be referred to as a reporting

Model 2 FFI.

Qualified investment entity. A qualified investment

entity is a person described in section 897(h)(4).

Specified U.S. person. A specified U.S. person is any

U.S. person other than a person identified in Regulations

section 1.1473-1(c).

Substantial U.S. owner. A substantial U.S. owner (as

described in Regulations section 1.1473-1(b)) means any

specified U.S. person that:

• Owns, directly or indirectly, more than 10% (by vote or

value) of the stock of any foreign corporation;

• Owns, directly or indirectly, more than 10% of the profits

interests 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% beneficial

interest in a trust.

Territory financial institution. The term territory

financial institution means a financial institution that is

incorporated or organized under the laws of any U.S.

territory. However, an investment entity that is not also a

depository institution, custodial institution, or specified

insurance company is not a territory financial institution.

International organization. For purposes of chapter 3,

an international organization is any public international

organization entitled to enjoy privileges, exemptions, and

immunities as an international organization under the

International Organizations Immunities Act (22 U.S.C.

288-288(f)). In general, to qualify as an international

organization, the United States must participate in the

organization pursuant to a treaty or under the authority of

an Act of Congress authorizing such participation.

Any organization that qualifies as an international

organization under chapter 3 also qualifies as an

international organization under chapter 4.

For purposes of chapter 4, an international organization

also includes any intergovernmental or supranational

organization that is comprised primarily of foreign

governments, that is recognized as an intergovernmental

or supranational organization under a foreign law similar to

22 U.S.C. 288-288(f) or that has in effect a headquarters

agreement with a foreign government, and whose income

does not inure to the benefit of private persons.

Withholdable payment. The term withholdable payment

means an amount subject to withholding for purposes of

chapter 4 as described in Amounts subject to withholding,

earlier. Also see Regulations section 1.1473-1(a) for the

definition of withholdable payment.

Withholding agent. Any person, U.S. or foreign, that has

control, receipt, custody, disposal, or payment of U.S.

source FDAP income subject to chapter 3 or 4 withholding

is a withholding agent. The withholding agent may be an

individual, corporation, partnership, trust, association, or

any other entity, including (but not limited to) any foreign

intermediary, foreign partnership, and U.S. branches of

certain foreign banks and insurance companies.

Withholding qualified holder. The term withholding

qualified holder means a qualified holder (under

Regulations section 1.897(l)-1(d)), and a foreign

partnership all of the interests of which are held by

qualified holders (under Regulations section

1.897(l)-1(d)), including through one or more partnerships.

Participating FFI. A participating FFI is an FFI that has

agreed to comply with the terms of an FFI agreement with

respect to all branches of the FFI, other than a branch that

is a reporting Model 1 FFI or a U.S. branch. The term

participating FFI also includes a reporting Model 2 FFI and

a QI branch of a U.S. financial institution, unless such

branch is a reporting Model 1 FFI.

Specific Instructions

Part I — Identification of Beneficial

Owner

Qualified controlled entity. A qualified controlled entity

is a trust or corporation created or organized under the

laws of a foreign jurisdiction, all of the interests of which

are held by one or more qualified foreign pension funds

directly or indirectly through one or more qualified

controlled entities.

Before completing Part I, complete the Worksheet for

Foreign Governments, International Organizations, and

Foreign Central Banks of Issue, later, to determine

whether amounts received are or will be exempt from U.S.

tax under section 892 or 895 and exempt from withholding

under sections 1441 and 1442. Use the results of this

worksheet to check the appropriate box on line 3 and in

Part II. Do not give the worksheet to the withholding agent.

Instead, keep it for your records.

Qualified foreign pension fund. A qualified foreign

pension fund is a person that satisfies the requirements of

section 897(l) and Regulations section 1.897(l)-1.

Qualified holder. A qualified holder is a qualified foreign

pension fund (including a part of a qualified foreign

Line 1. Enter the full name of the organization.

-6-

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

Line 5. The permanent address of a foreign government,

international organization, or foreign central bank of issue

is where it maintains its principal office. For all other

organizations, the permanent address is the address in

the country where the organization claims to be a resident

for tax purposes. Do not show the address of a financial

institution, a post office box, or an address used solely for

mailing purposes unless such address is the only

permanent address you use and it appears as your

registered address in your organizational documents.

Line 2. Enter the country under the laws of which the

foreign government or other foreign organization was

created, incorporated, organized, or governed.

Line 3. Check the one box that applies (unless you are

also documenting yourself as a withholding qualified

holder under section 1445). A foreign central bank of

issue (wholly owned by a foreign sovereign) should check

the “Foreign government” box. If you are a foreign private

foundation, you should check the “Foreign private

foundation” box rather than the “Foreign tax-exempt

organization” box. If you are providing this form to claim an

exemption to withholding under section 1445 as a

qualified foreign pension fund that is a qualified holder

(within the meaning of Regulations section 1.897(l)-1(e)

(11)) or as a foreign partnership, all of the interests of

which are held by qualified holders, including through one

or more partnerships, you should check the “Withholding

qualified holder under section 1445” box. See Regulations

section 1.1445-1(g)(11). For purposes of completing this

Form W-8EXP, a foreign partnership that is a withholding

qualified holder should identify itself as the beneficial

owner.

If you are providing this form to document yourself as a

withholding qualified holder under section 1445 and for

purposes of sections 1441-1443 or section 1446, check

the "Withholding qualified holder under section 1445" box

and the one box that otherwise applies to your status. In

all other cases, only one box should be checked.

Line 6. Enter the mailing address only if it is different from

the address shown on line 5.

Line 7. A U.S. taxpayer identification number (TIN)

means an employer identification number (EIN). A U.S.

TIN is generally required if you are claiming an exemption

or reduced rate of withholding based solely on your claim

of tax-exempt status under section 501(c) or private

foundation status. Use Form SS-4 to obtain an EIN.

Line 8a. If the organization has registered with the IRS as

a participating FFI (including a reporting Model 2 FFI),

registered deemed-compliant FFI (including a reporting

Model 1 FFI), or a direct reporting NFFE, provide your

GIIN. For payments made prior to January 1, 2015, a

Form W-8EXP provided by a reporting Model 1 FFI need

not contain a GIIN. For payments made prior to January 1,

2016, a sponsored direct reporting NFFE may provide the

GIIN of its sponsoring entity.

Line 8b. If you are providing this Form W-8EXP to

document yourself as an account holder (as defined in

Regulations section 1.1471-5(a)(3)) with respect to a

financial account (as defined in Regulations section

1.1471-5(b)) that you hold at a U.S. office of a financial

institution (including a U.S. branch of an FFI) and you

receive U.S. source income reportable on a Form 1042-S

associated with this form, you must provide on line 8b the

foreign TIN (FTIN) issued to you by the jurisdiction in

which you are a tax resident identified on line 5 unless:

• Your jurisdiction of residence is identified on the List of

Jurisdictions That Do Not Issue Foreign TINs at IRS.gov/

Businesses/Corporations/List-of-Jurisdictions-That-DoNot-Issue-Foreign-TINs; or

• You properly identified yourself as a foreign

government, foreign central bank of issue, international

organization, or government of a U.S. territory on line 3.

If you are providing this form to document a financial

account described above but you do not enter an FTIN on

line 8b, and you are not a foreign government, foreign

central bank of issue, international organization, or

government of a U.S. territory, you must provide the

withholding agent with an explanation of why you have not

been issued a TIN (including if the jurisdiction does not

issue TINs). For this purpose, an explanation is a

statement that you are not legally required to obtain a TIN

in your jurisdiction of tax residence. The explanation may

be written on line 8b, in the margins of the form, or on a

separate attached statement associated with the form. If

you are writing the explanation on line 8b, you may

shorten it to “not legally required.” Do not write “not

applicable.”

Line 4. Check the one box that applies to your chapter 4

status (if necessary). You are required to provide a

chapter 4 status if you are the payee of a withholdable

payment or hold an account with an FFI requesting this

form. See Regulations section 1.1471-3(a) for the

definition of a payee for purposes of chapter 4. By

checking a box on this line, you are representing that you

qualify for this classification and, if you are claiming a

status as an exempt beneficial owner, that you are the

beneficial owner of the payments to which this form

relates for purposes of chapter 4.

For certain chapter 4 statuses, you are required to

TIP complete an additional line on this form certifying

that you meet the conditions of the status

indicated on line 4 (as defined under Regulations section

1.1471-5 or 1.1471-6 or an applicable IGA). Make sure

you complete the required portion of this form before

signing and providing it to the withholding agent.

If you do not certify as to your chapter 4 status,

this Form W-8EXP will not be valid for purposes of

CAUTION chapter 4 if you receive a withholdable payment at

any time in the future. For example, if you do not certify as

to your chapter 4 status because the only payments you

receive from the withholding agent are with respect to

grandfathered obligations described in Regulations

section 1.1471-2(b), then you will be required to resubmit

Form W-8EXP and certify to your chapter 4 status if you

receive a withholdable payment in the future. You may

consider certifying to your chapter 4 status even if not

required in order to avoid resubmitting Form W-8EXP to

the withholding agent. See Expiration of Form W-8EXP,

earlier.

!

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

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officers. The affidavit must include information on your

financial support if you are claiming public charity status

under sections 509(a)(1) and 170(b)(1)(A)(vi) or section

509(a)(2). See Publication 557, Tax-Exempt Status for

Your Organization, for information on determining whether

you are a public charity or private foundation.

In lieu of providing information in an affidavit concerning

your operations, support, and financial information (when

applicable), you may satisfy this requirement by

referencing the opinion of U.S. counsel provided in

accordance with Box 13b of these instructions when the

opinion:

• Concludes that you qualify under section 509(a)(1), (2),

(3), or (4); and

• Meets the requirements of current written advice

rendered for a public charity equivalency determination in

Rev. Proc. 2017-53, 2017-40 I.R.B. 263.

If you are providing this form to certify your status as a

withholding qualified holder under section 1445 and did

not provide an EIN on line 7, provide your FTIN on line 8b.

Line 9. This line may be used by the filer of Form

W-8EXP or by the withholding agent to whom it is

provided to include any referencing information that is

necessary or useful to the withholding agent in carrying

out its obligations. For example, a filer may use line 9 to

include the name and number of the account for which the

filer is providing the form.

Part II — Qualification Statement for

Chapter 3 Status

You are not required to complete a chapter 3

TIP qualification statement if you are submitting this

form to document your chapter 4 status and are

not receiving a payment that is subject to withholding

under chapter 3. However, in such a case, you may also

provide Form W-8BEN-E to document your chapter 4

status.

If the opinion of U.S. counsel satisfies the above

TIP requirements, you may check this box despite that

it references only the affidavit on this form.

An opinion of counsel or affidavit must be renewed if

there has been a change in facts relevant to your

tax-exempt status under section 501(c) or your public

charity status under section 509.

Box 13d. Check this box if you are a section 501(c)(3)

organization and you are a private foundation described in

section 509.

Line 10. All foreign governments claiming the

applicability of section 892 must check box 10a as well as

box 10b or box 10c, whichever applies. Enter the name of

the foreign sovereign’s country on line 10b (if the entity is

an integral part of a foreign government) or on line 10c (if

the entity is a controlled entity of a foreign government). A

foreign central bank of issue (wholly owned by a foreign

sovereign) should check box 10c.

Line 14. Check this box if you are a government of a U.S.

territory. By checking this box you are certifying to the

statements made in line 14.

Line 11. Check this box if you are an international

organization. By checking this box, you are certifying to all

the statements made in line 11.

Line 15. Check the applicable box if you are a

withholding qualified holder. By checking one of these

boxes, you are certifying to the statement made in either

line 15a or line 15b, as applicable.

Line 12. Check this box if you are a foreign central bank

of issue for purposes of chapter 3 (see definitions) not

wholly owned by a foreign sovereign. By checking this

box, you are certifying to all the statements made in

line 12.

Part III — Qualification Statement for

Chapter 4 Status

Line 13. If you are a foreign tax-exempt organization, you

must attach a statement setting forth any income that is

includible under section 512 in computing your unrelated

business taxable income.

Box 13a. Check this box if you have been issued a

determination letter by the IRS. Enter the date of the IRS

determination letter.

Box 13b. Check this box if you do not have an IRS

determination letter, but are providing an opinion of U.S.

counsel concluding that you are an organization described

in section 501(c).

Box 13c. If you are a section 501(c)(3) organization,

check this box if you are not a private foundation. You

must attach to the withholding certificate an affidavit

setting forth sufficient facts concerning your operations

and support to enable the IRS to determine that you would

be likely to qualify as an organization described in section

509(a)(1), (2), (3), or (4) rather than as a private

foundation.

The affidavit must be based on information from your

latest accounting year, identify the type of section 501(c)

(3) organization (for example, charitable, religious,

educational), and be signed by one of your principal

You are not required to complete a chapter 4

TIP qualification statement if you are not the payee of

a withholdable payment or are not an

accountholder holding an account with an FFI requesting

this form.

Line 16. Check this box to indicate that you are treated

as a nonreporting FFI under an applicable IGA (and as

defined in the IGA). You must identify the applicable IGA

by entering the name of the jurisdiction that has the

applicable IGA in effect with the United States. You must

also provide the withholding agent with the class of entity

described in Annex II of the IGA applicable to your status.

If you are an FFI treated as a registered

deemed-compliant FFI under an applicable Model 2 IGA,

you must provide your GIIN in the space provided.

Line 17. Check this box if you are a territory financial

institution. By checking this box, you are certifying to the

statement in line 17.

Line 18. Check this box if you are a foreign government,

government of a U.S. territory, or foreign central bank of

issue as defined for purposes of chapter 4 (see

-8-

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

Regulations section 1.1471-6). By checking this box, you

are certifying to the statement made in line 18.

indicate that the form was electronically signed by a

person authorized to do so (for example, with a time and

date stamp and statement that the form has been

electronically signed). Simply typing your name into the

signature line is not an electronic signature.

Line 19. Check the applicable box if you are an exempt

retirement plan of a foreign government as defined for

purposes of chapter 4. By checking one of these boxes,

you are certifying to the statement made in either line 19a

or line 19b, as applicable.

Paperwork Reduction Act Notice. We ask for the

information on this form to carry out the Internal Revenue

laws of the United States. You are required to provide the

information. We need it to ensure that you are complying

with these laws and to allow us to figure and collect the

right amount of tax.

Line 20. Check this box if you are a 501(c) organization

other than an insurance company described in section

501(c)(15). By checking this box, you are certifying to the

statement made in line 20.

Line 21. Check box 21a if you are passive NFFE. If you

do not have any substantial U.S. owners, check box 21b. If

you have any substantial U.S. owners, you must provide a

statement with the information set forth on line 21c.

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.

Line 22. Check this box if you are a sponsored direct

reporting NFFE. Provide the name of your sponsoring

entity in the space provided. By checking this box, you are

certifying to the statement made in line 22.

The time needed to complete and file this form will vary

depending on individual circumstances. The estimated

average time is: Recordkeeping, 7hr., 10min.; Learning

about the law or the form, 5 hr., 42 min.; and Preparing

and providing the form, 8 hr., 27 min.

Part IV — Certification

Form W-8EXP must be signed and dated by an authorized

official of the foreign government, international

organization, foreign central bank of issue, foreign

tax-exempt organization, foreign private foundation,

government of a U.S. territory, or withholding qualified

holder, as appropriate. By signing Form W-8EXP, the

authorized representative, officer, or agent also agrees to

provide a new form within 30 days following a change in

circumstances that makes any certification made on the

form incorrect (unless no future payments will be made to

the organization by the withholding agent). The authorized

representative, officer, or agent must also check the box to

certify that he or she has the capacity to sign for the

organization.

A withholding agent may allow you to provide this form

with an electronic signature. The electronic signature must

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

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 IRS.gov/FormComments. You

can write to the Internal Revenue Service, Tax Forms and

Publications, 1111 Constitution Ave. NW, IR-6526,

Washington, DC 20224. Do not send Form W-8EXP to

this office. Instead, give it to your withholding agent.

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WORKSHEET FOR FOREIGN GOVERNMENTS,

INTERNATIONAL ORGANIZATIONS, AND FOREIGN

CENTRAL BANKS OF ISSUE

Keep for Your Records

(Do not give to the withholding agent.)

Complete this worksheet to determine whether amounts received are or will be exempt from U. S. tax under section 892 or

section 895 and exempt from withholding under sections 1441 and 1442.

• Foreign governments and foreign central banks of issue, start with question 1.

• International organizations, go directly to question 6.

FOREIGN GOVERNMENT

Yes

No

Yes

No

Yes

No

1 a Is the foreign government an integral part of a foreign sovereign (see Definitions)? . . . . . . . . . . . . . . . . .

(If “Yes,” go to question 4. If “No,” answer question 1b.)

b Is the foreign government a controlled entity of a foreign sovereign (see Definitions)? . . . . . . . . . . . . . .

(If “Yes,” answer question 2a. If “No,” go to question 7a.)

2 a Is the controlled entity a foreign central bank of issue (see Definitions)? . . . . . . . . . . . . . . . . . . . . . . . . . .

(If “Yes,” answer question 2b. If “No,” go to question 3.)

b Is the foreign central bank of issue engaged in commercial activities within the United States? . . . . . . .

(If “Yes,” answer question 7a. If “No,” go to question 4.)

3

Is the controlled entity engaged in commercial activities anywhere in the world? . . . . . . . . . . . . . . . . . . . .

(If “Yes,” income is not exempt from tax under section 892 and may be subject to withholding. Do not

complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,”

answer question 4.)

4

Does the foreign government or foreign central bank of issue (wholly owned by the foreign sovereign)

receive income directly or indirectly from any controlled commercial entities or income derived from the

disposition of any interest in a controlled commercial entity (see Definitions)? . . . . . . . . . . . . . . . . . . . . .

(If “Yes,” income is not exempt from tax under section 892 and may be subject to withholding. Do not

complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,”

answer question 5.)

5

Is any of the income received by the foreign government or foreign central bank of issue (wholly owned

by the foreign sovereign) from sources other than investments in the United States in stocks, bonds,

other domestic securities (as defined in Temporary Regulations section 1.892-3T(a)(3)), financial

instruments held in the execution of governmental financial or monetary policy (as defined in

Temporary Regulations section 1.892-3T(a)(4) and (a)(5)), or interest on deposits in banks in the

United States? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(If “Yes,” income is not exempt from tax under section 892 and may be subject to withholding. Do not

complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,”

check the appropriate box on line 10 of Form W-8EXP.)

INTERNATIONAL ORGANIZATION

6

Is the international organization an organization in which the United States participates pursuant to any

treaty or under an Act of Congress authorizing such participation and to which the President of the

United States has issued an Executive Order entitling the organization to enjoy the privileges,

exemptions, and immunities provided under the International Organization Immunities Act (22 U.S.C.

288, 288e, 288f)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(If “Yes,” check the box on line 11 of Form W-8EXP. If “No,” income may be subject to withholding. Do

not complete this form for such income. Instead, complete Form W-8BEN-E or W-8ECI.)

FOREIGN CENTRAL BANK OF ISSUE

7 a Is the entity, whether wholly or partially owned by the foreign sovereign, a foreign central bank of

issue? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(If “Yes,” answer question 7b. If “No,” income is not exempt from tax under section 895 and may be

subject to withholding. Do not complete Form W-8EXP for such income. Instead, complete Form

W-8BEN-E or W-8ECI.)

b Is the income received by the foreign central bank of issue from sources other than obligations of the

United States (or any agency or instrumentality thereof) or from interest on deposits with persons

carrying on the banking business? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(If “Yes,” income is not exempt from tax under section 895 and may be subject to withholding. Do not

complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,”

answer question 7c.)

c Are the obligations of the United States (or any agency or instrumentality thereof) or bank deposits

owned by the foreign central bank of issue held for, or used in connection with, the conduct of

commercial banking functions or other commercial activities by the foreign central bank of

issue? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(If “Yes,” income is not exempt from tax under section 895 and may be subject to withholding. Do not

complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,”

check the box on line 12 of Form W-8EXP.)

-10-