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Instructions for

Form W-8BEN-E

Department of the Treasury

Internal Revenue Service

(Rev. October 2021)

Certificate of Status of Beneficial Owner for

United States Tax Withholding and Reporting (Entities)

Section references are to the Internal Revenue Code

unless otherwise noted.

obtain an FTIN from their jurisdiction of residence. See the

instructions for Line 9c.

Future Developments

Section 6050Y reporting. These instructions have been

updated to reference the use of this form by an entity

(other than a partnership, simple trust, or grantor trust)

that is a foreign seller of a life insurance contract or that is

a foreign person and a recipient of a reportable death

benefit for purposes of reporting under section 6050Y.

For the latest information about developments related to

Form W-8BEN-E and its instructions, such as legislation

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

FormW8BENE.

What's New

Guidance under section 1446(f). The Tax Cuts and

Jobs Act (TCJA), added section 1446(f), which generally

requires that if the gain on any disposition of an interest in

a partnership would be treated under section 864(c)(8) as

effectively connected gain, the transferee purchasing an

interest in such a partnership from a non-U.S. transferor

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

on the disposition unless an exception to withholding

applies. T.D. 9926, published on November 30, 2020 (84

FR 76910), contains final regulations (“the section 1446(f)

regulations”) relating to the withholding and reporting

required under section 1446(f), including for transfers of

interests in publicly traded partnerships (“PTPs”).

Withholding on transfers of interests in PTPs and the

revisions included in the section 1446(f) regulations

relating to withholding on PTP distributions under section

1446(a) apply to transfers and distributions that occur on

or after January 1, 2023. See Notice 2021-51, 2021-36

I.R.B. 361, for more information. The provisions in the

section 1446(f) regulations relating to withholding and

reporting on transfers of interests in partnerships that are

not PTPs generally apply to transfers occurring after

January 29, 2021. These instructions have been updated

to incorporate the use of this form by certain entities that

are transferors of an interest in a partnership subject to

withholding on the amount realized from the transfer. See

Pub. 515 for an additional discussion of section 1446(f)

withholding, including the effective dates of each

provision.

Line 4. Line 4, “Type of entity,” has been updated. The

general classification for foreign government has been

removed and replaced with the two possible

classifications for a foreign government: (i) an integral part

of a foreign government; or (ii) an entity that is controlled

by a foreign government. See Temporary Regulations

section 1.892-2T. See the instructions for Line 4, later.

New Line 9c. New line 9c, “FTIN not legally required,”

has been added for account holders otherwise required to

provide a foreign tax identification number (FTIN) on

line 9b, to indicate that they are not legally required to

Sep 27, 2021

Line 14, claim of tax treaty benefits. The instructions

for this line have been updated to include a representation

required by entities that are resident in a foreign country

that has entered into an income tax treaty with the United

States that does not contain a limitation on benefits (LOB)

article.

Line 15, special rates and conditions. The instructions

for this line have been updated to include representations

required by entities claiming treaty benefits on business

profits or gains not attributable to a permanent

establishment, including for a foreign partner that derives

gain subject to tax under section 864(c)(8) upon the

transfer of an interest in a partnership and that would be

subjected to withholding under section 1446(f) on the

transfer.

Electronic signature. These instructions have been

updated to include additional guidance included in the

final regulations issued under chapter 3 (T.D. 9890)

concerning the use of electronic signatures on withholding

certificates. See Certification in Part XXX, later, and

Regulations section 1.1441-1(e)(4)(i)(B).

Reminder

Note. If you are a resident in a FATCA partner jurisdiction

(that is, a Model 1 IGA jurisdiction with reciprocity), certain

tax account information may be provided to your

jurisdiction of residence.

General Instructions

For definitions of terms used throughout these

instructions, see Definitions, later.

Purpose of Form

This form is used by foreign entities to document their

statuses for purposes of chapter 3 and chapter 4, as well

as for certain other Code provisions as described later in

these instructions.

Foreign persons are subject to U.S. tax at a 30% rate

on income they receive from U.S. sources that consists of:

• Interest (including certain original issue discount (OID));

Cat. No. 59691Z

• Dividends;

• Rents;

• Royalties;

• Premiums;

• Annuities;

• Compensation for, or in expectation of, services

not apply to payments of interest for which the recipient is

a 10 percent shareholder of the payer or to payments of

interest received by a controlled foreign corporation from

a related person. See sections 881(c)(3) and 881(c)(5). A

future version of this form may require that persons

receiving interest payments to which this form relates

identify any obligation with respect to which they have one

of these prohibited relationships.

performed;

• Substitute payments in a securities lending transaction;

• Other fixed or determinable annual or periodical gains,

profits, or income.

You may also be required to submit Form W-8BEN-E to

claim an exception from domestic information reporting on

Form 1099 and backup withholding (at the backup

withholding rate under section 3406) for certain types of

income. Such income includes:

• Broker proceeds.

• Short-term (183 days or less) original issue discount

(short-term OID).

• Bank deposit interest.

• Foreign source interest, dividends, rents, or royalties.

This tax is imposed on the gross amount paid and is

generally collected by withholding under section 1441 or

1442 on that amount. A payment is considered to have

been made whether it is made directly to the beneficial

owner or to another person, such as an intermediary,

agent, or partnership, for the benefit of the beneficial

owner.

Section 1446(a) requires a partnership conducting a

trade or business in the United States to withhold tax on a

foreign partner’s allocable share of the partnership’s

effectively connected taxable income. In addition, section

1446(f) generally requires a transferee of a partnership

interest (or a broker in the case of a transfer of a PTP

interest) to withhold on the amount realized from the

transfer when any portion of the gain from the transfer is

treated as effectively connected gain under section 864(c)

(8). Generally, a foreign person that is a partner in a

partnership that submits a Form W-8BEN-E for purposes

of section 1441 or 1442 will satisfy the documentation

requirements under section 1446(a) or (f) as well.

However, in some cases the documentation requirements

of sections 1441 and 1442 do not match the

documentation requirements of section 1446(a) or (f). See

Regulations sections 1.1446-1 through 1.1446-6 (for

documentation requirements under section 1446(a)) and

Regulations sections 1.1446(f)-2 and 1.1446(f)-4 (for

documentation requirements under section 1446(f)).

Provide Form W-8BEN-E to the withholding agent or

payer before income is paid or credited to you. Failure to

provide a Form W-8BEN-E when requested may lead to

withholding at a 30% rate or the backup withholding rate

in certain cases when you receive a payment to which

backup withholding applies.

In addition to the requirements of chapter 3, chapter 4

requires withholding agents to identify the chapter 4 status

of entities that are payees receiving withholdable

payments. A withholding agent may request this Form

W-8BEN-E to establish your chapter 4 status and avoid

withholding at a 30% rate on such payments.

Chapter 4 also requires participating FFIs and certain

registered deemed-compliant FFIs to document their

entity account holders in order to determine their

chapter 4 statuses regardless of whether withholding

applies to any payments made to the entities. If you are an

entity maintaining an account with an FFI, the FFI may

request that you provide this Form W-8BEN-E in order to

document your chapter 4 status.

A withholding agent or payer of the income may rely on

a properly completed Form W-8BEN-E to treat a payment

associated with the Form W-8BEN-E as a payment to a

foreign person who beneficially owns the amounts paid. If

applicable, the withholding agent may rely on the Form

W-8BEN-E to apply a reduced rate of, or exemption from,

withholding. If you receive certain types of income, you

must provide Form W-8BEN-E to:

• Claim that you are the beneficial owner of the income

for which Form W-8BEN-E is being provided or a partner

in a partnership subject to section 1446; and

• If applicable, claim a reduced rate of, or exemption

from, withholding as a resident of a foreign country with

which the United States has an income tax treaty.

Additional information. For additional information and

instructions for the withholding agent, see the Instructions

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

W-8ECI, W-8EXP, and W-8IMY.

Who Must Provide Form W-8BEN-E

You must give Form W-8BEN-E to the withholding agent

or payer if you are a foreign entity receiving a withholdable

payment from a withholding agent, receiving a payment

subject to chapter 3 withholding, or if you are an entity

maintaining an account with an FFI requesting this form.

• You must provide Form W-8EN-E to the 6050Y(b)

issuer (as defined under Regulations section

1.6050Y-1(a)(8)(iii)), to establish your foreign status if you

are a foreign entity (other than a partnership, simple trust

or grantor trust) that is the seller of a life insurance

contract under section 6050Y(b) (excluding a payment of

effectively connected income). See Regulations section

1.6050Y-3.

• You must also provide Form W-8BEN-E to the payor

(as defined under Regulations section 1.6050Y-1(a)(11)),

to establish your foreign status if you are an entity

receiving a payment of reportable death benefits for

You may also use Form W-8BEN-E to identify income

from a notional principal contract that is not effectively

connected with the conduct of a trade or business in the

United States to establish the exception to reporting such

income on Form 1042-S. See Regulations section

1.1461-1(c)(2)(ii)(F).

Form W-8BEN-E may also be used to claim an

exemption from withholding for portfolio interest pursuant

to section 881(c). The portfolio interest exemption does

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Instructions for Form W-8BEN-E (Rev. 10-2021)

government of a U.S. possession claiming the

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

1443(b). Instead, provide Form W-8EXP, Certificate of

Foreign Government or Other Foreign Organization for

United States Tax Withholding and Reporting, to certify to

your exemption and identify your chapter 4 status.

However, you should provide Form W-8BEN-E if you are

claiming treaty benefits, and you may provide this form if

you are only claiming you are a foreign person exempt

from backup withholding or documenting your chapter 4

status. For example, a foreign tax-exempt organization

under section 501(c) receiving royalty income that is not

exempt because it is taxable as unrelated business

income but that is eligible for a reduced rate of withholding

under a royalty article of a tax treaty should provide Form

W-8BEN-E. You should use Form W-8ECI if you are

receiving effectively connected income (for example,

income from commercial activities that is not exempt

under an applicable section of the Code).

• You are a foreign reverse hybrid entity transmitting

documentation provided by your interest holders to claim

treaty benefits on their behalf. Instead, provide Form

W-8IMY. A foreign reverse hybrid entity also may not use

this form to attempt to claim treaty benefits on its own

behalf. See Foreign Reverse Hybrid Entities,later.

• You are a withholding foreign partnership or a

withholding foreign trust within the meaning of sections

1441 through 1443 and the accompanying regulations.

Instead, provide Form W-8IMY.

• You are a foreign partnership or foreign grantor trust

providing documentation for purposes of section 1446(a).

Instead, provide Form W-8IMY and accompanying

documentation.

• You are a foreign partnership or foreign grantor trust

that is the transferor of a partnership interest for purposes

of section 1446(f). Instead, provide Form W-8IMY.

• You are a foreign branch of a U.S. financial institution

that is an FFI (other than a qualified intermediary branch)

under an applicable Model 1 IGA. For purposes of

identifying yourself to withholding agents, you may submit

Form W-9 to certify to your U.S. status.

purposes of section 6050Y(b) (other than a foreign

partnership or a grantor or simple trust receiving a

payment of reportable death benefits or a payment of

effectively connected income that is subject to chapter 3

withholding). See Regulations section 1.6050Y-4.

Do not use Form W-8BEN-E. Do not use Form

W-8BEN-E if:

• You are a U.S. person (including U.S. citizens, resident

aliens, and entities treated as U.S. persons, such as a

corporation organized under the law of a state). Instead,

use Form W-9, Request for Taxpayer Identification

Number and Certification.

• You are a foreign insurance company that has made an

election under section 953(d) to be treated as a U.S.

person. Instead, provide a withholding agent with Form

W-9 to certify to your U.S. status even if you are

considered an FFI for purposes of chapter 4.

• You are a nonresident alien individual. Instead, use

Form W-8BEN, Certificate of Foreign Status of Beneficial

Owner for United States Tax Withholding and Reporting

(Individuals), or Form 8233, Exemption From Withholding

on Compensation for Independent (and Certain

Dependent) Personal Services of a Nonresident Alien

Individual, as applicable.

• You are a disregarded entity, branch, or flow-through

entity for U.S. tax purposes. However, you may use this

form if you are a disregarded entity or flow-through entity

using this form either solely to document your chapter 4

status (because you hold an account with an FFI) or, if you

are a disregarded entity or a partnership, to claim treaty

benefits because you are a hybrid entity liable to tax as a

resident for treaty purposes. See Hybrid Entity Making a

Claim of Treaty Benefits under Special Instructions, later.

A flow-through entity may also use this form for purposes

of documenting itself as a participating payee for

purposes of section 6050W. If you are a disregarded

entity with a single owner or branch of an FFI, the single

owner, if such owner is a foreign person, should provide

Form W-8BEN or Form W-8BEN-E (as appropriate). If the

single owner is a U.S. person, a Form W-9 should be

provided. If you are a partnership, you should provide a

Form W-8IMY, Certificate of Foreign Intermediary,

Foreign Flow-Through Entity, or Certain U.S. Branches for

United States Tax Withholding and Reporting.

• You are acting as an intermediary (that is, acting not for

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

agent, nominee, or custodian), a qualified intermediary

(including a qualified intermediary acting as a qualified

derivatives dealer), or a qualified securities lender (QSL).

Instead, provide Form W-8IMY.

• You are receiving income that is effectively connected

with the conduct of a trade or business in the United

States, unless it is allocable to you through a partnership.

Instead, provide Form W-8ECI, Certificate of Foreign

Person’s Claim That Income Is Effectively Connected

With the Conduct of a Trade or Business in the United

States. If any of the income for which you have provided a

Form W-8BEN-E becomes effectively connected, this is a

change in circumstances and the Form W-8BEN-E is no

longer valid.

• You are filing for a foreign government, international

organization, foreign central bank of issue, foreign

tax-exempt organization, foreign private foundation, or

Instructions for Form W-8BEN-E (Rev. 10-2021)

Giving Form W-8BEN-E to the withholding agent. Do

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

the person who is requesting it from you. Generally, this

will be the person from whom you receive the payment,

who credits your account, or a partnership that allocates

income to you. An FFI may also request this form from you

to document the status of your account.

When to provide Form W-8BEN-E to the withholding

agent. Give Form W-8BEN-E to the person requesting it

before the payment is made to you, credited to your

account, or allocated. If you do not provide this form, the

withholding agent may have to withhold at the 30% rate

(as applicable under chapters 3 or 4), backup withholding

rate, or the rate applicable under section 1446. If you

receive more than one type of income from a single

withholding agent for which you claim different benefits,

the withholding agent may, at its option, require you to

submit a Form W-8BEN-E for each type of income.

Generally, a separate Form W-8BEN-E must be given to

each withholding agent.

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Note. If you own the income with one or more other

persons, the income will be treated by the withholding

agent as owned by a foreign person that is a beneficial

owner of a payment only if Form W-8BEN or W-8BEN-E

(or other applicable document) is provided by each of the

owners. An account will be treated as a U.S. account for

chapter 4 purposes by an FFI requesting this form if any of

the account holders is a specified U.S. person or a

U.S.-owned foreign entity (unless the account is otherwise

excepted from U.S. account status for chapter 4

purposes).

through 1.1001-5) and section 752 (including Regulations

sections 1.752-1 through 1.752-7). See Regulations

section 1.1446(f)-2(c)(2). An amount realized on the

transfer of a PTP interest is the amount of gross proceeds

(as defined in Regulations section 1.6045-1(d)(5)) paid or

credited to a partner or broker (as applicable) that is a

transferor of the interest. The amount realized on a PTP

distribution is the amount of the distribution reduced by

the portion of the distribution that is attributable to the

cumulative net income of the partnership (as determined

under Regulations section 1.1446(f)-4(c)(2)(iii)).

Change in circumstances. If a change in

circumstances makes any information on the Form

W-8BEN-E you have submitted incorrect for purposes of

either chapter 3 or chapter 4, you must notify the

withholding agent or financial institution maintaining your

account within 30 days of the change in circumstances by

providing the documentation required in Regulations

section 1.1471-3(c)(6)(ii)(E)(2). See Regulations sections

1.1441-1(e)(4)(ii)(D) for the definition of change in

circumstances for purposes of chapter 3, and 1.1471-3(c)

(6)(ii)(E) for purposes of chapter 4.

Amounts subject to chapter 3 withholding. Generally,

an amount subject to chapter 3 withholding is an amount

from sources within the United States that is fixed or

determinable annual or periodical (FDAP) income

(including such an amount on a PTP distribution unless

indicated otherwise). FDAP income is all income included

in gross income, including interest (as well as OID),

dividends, rents, royalties, and compensation. Amounts

subject to chapter 3 withholding do not include amounts

that are not FDAP, such as most gains from the sale of

property (including market discount and option

premiums), as well as other specific items of income

described in Regulations section 1.1441-2 (such as

interest on bank deposits and short-term OID).

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

withholding is the foreign partner’s share of the

partnership’s effectively connected taxable income. For

purposes of section 1446(f), the amount subject to

withholding is the amount realized on the transfer of a

partnership interest.

With respect to an FFI claiming a chapter 4 status

under an applicable IGA, a change in

CAUTION circumstances includes when the jurisdiction

where the FFI is organized or resident (or the jurisdiction

identified in Part II of the form) was included on the list of

jurisdictions treated as having an intergovernmental

agreement in effect and is removed from that list or when

the FATCA status of the jurisdiction changes (for

example, from Model 2 to Model 1). The list of

agreements is maintained at www.treasury.gov/resourcecenter/tax-policy/treaties/Pages/FATCA-Archive.aspx.

Beneficial owner. For payments other than those for

which a reduced rate of, or exemption from, withholding is

claimed under an income tax treaty, the beneficial owner

of income is generally the person who is required under

U.S. tax principles to include the payment in gross income

on a tax return. A person is not a beneficial owner of

income, however, to the extent that person is receiving the

income as a nominee, agent, or custodian, or to the extent

the person is a conduit whose participation in a

transaction is disregarded. In the case of amounts paid

that do not constitute income, beneficial ownership is

determined as if the payment were income.

Foreign partnerships, foreign simple trusts, and foreign

grantor trusts are not the beneficial owners of income paid

to the partnership or trust. The beneficial owners of

income paid to a foreign partnership are generally the

partners in the partnership, provided that the partner is not

itself a partnership, foreign simple or grantor trust,

nominee or other agent. The beneficial owners of income

paid to a foreign simple trust (that is, a foreign trust that is

described in section 651(a)) are generally the

beneficiaries of the trust, if the beneficiary is not a foreign

partnership, foreign simple or grantor trust, nominee, or

other agent. The beneficial owners of income paid to a

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

Expiration of Form W-8BEN-E. Generally, a Form

W-8BEN-E will remain valid for purposes of both chapters

3 and 4 for a period starting on the date the form is signed

and ending on the last day of the third succeeding

calendar year, unless a change in circumstances makes

any information on the form incorrect. For example, a

Form W-8BEN signed on September 30, 2014, remains

valid through December 31, 2017.

However, under certain conditions a Form W-8BEN-E

will remain in effect indefinitely absent a change of

circumstances. See Regulations sections 1.1441-1(e)(4)

(ii) and 1.1471-3(c)(6)(ii) for the period of validity for

chapters 3 and 4 purposes, respectively.

Definitions

Account holder. An account holder is generally the

person listed or identified as the holder or owner of a

financial account. For example, if a partnership is listed as

the holder or owner of a financial account, then the

partnership is the account holder, rather than the partners

of the partnership. However, an account that is held by a

disregarded entity (other than a disregarded entity treated

as an FFI for chapter 4 purposes) is treated as held by the

entity's single owner.

Amount realized. For purposes of section 1446(f), an

amount realized on the transfer of an interest in a

partnership other than a PTP is as determined under

section 1001 (including Regulations sections 1.1001-1

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Instructions for Form W-8BEN-E (Rev. 10-2021)

Certain entities that are disregarded for U.S. tax

purposes may be treated as treaty residents for purposes

of claiming treaty benefits under an applicable tax treaty

or may be recognized as FFIs under an applicable IGA. A

hybrid entity claiming treaty benefits on its own behalf is

required to complete Form W-8BEN-E. See Hybrid Entity

Making a Claim of Treaty Benefits under Special

Instructions, later.

A disregarded entity with a U.S. owner or a disregarded

entity with a foreign owner that is not otherwise able to fill

out Part II (that is, because it is in the same country as its

single owner and does not have a GIIN) may provide this

form to an FFI solely for purposes of documenting itself for

chapter 4 purposes. In such a case, the disregarded entity

should complete Part I as if it were a beneficial owner and

should not complete line 3.

foreign simple trust or foreign grantor trust) is the trust

itself.

Generally, for purposes of section 1446(a) or (f), the

same beneficial owner rules apply, except that under

section 1446(a) or (f) a foreign simple trust is required to

provide a Form W-8BEN-E on its own behalf, rather than

on behalf of the beneficiary of such trust.

The beneficial owner of income paid to a foreign estate

is the estate itself.

A payment to a U.S. partnership, U.S. trust, or U.S.

estate is treated as a payment to a U.S. payee. A U.S.

partnership, trust, or estate should provide the withholding

agent with a Form W-9 pertaining to itself. However, for

purposes of section 1446(a), a U.S. grantor trust or

disregarded entity shall not provide the withholding agent

a Form W-9. Instead, the entity must provide an

applicable Form W-8 or Form W-9 pertaining to each

grantor or owner, as appropriate, and, in the case of a

trust, a statement identifying the portion of the trust

treated as owned by each such person. For purposes of

section 1446(f), the grantor or owner must provide an

applicable Form W-8 or Form W-9 to certify its status and

the amount realized allocable to the grantor or owner,

which, alternatively, can be provided by the U.S. grantor

trust on behalf of a grantor or owner.

Financial account. A financial account includes:

• A depository account maintained by an FFI;

• A custodial account maintained by an FFI;

• Equity or debt interests (other than interests regularly

traded on an established securities market) in investment

entities and certain holding companies, treasury centers,

or financial institutions as defined in Regulations section

1.1471-5(e);

• Certain cash value insurance contracts; and

• Annuity contracts.

For purposes of chapter 4, exceptions are provided for

accounts such as certain tax-favored savings accounts,

term life insurance contracts, accounts held by estates,

escrow accounts, and certain annuity contracts. These

exceptions are subject to certain conditions. See

Regulations section 1.1471-5(b)(2). Accounts may also

be excluded from the definition of financial account under

an applicable IGA.

Chapter 3. Chapter 3 means chapter 3 of the Internal

Revenue Code (Withholding of Tax on Nonresident Aliens

and Foreign Corporations). Chapter 3 contains sections

1441 through 1464, excluding sections 1445 and 1446.

Chapter 4. Chapter 4 means chapter 4 of the Internal

Revenue Code (Taxes to Enforce Reporting on Certain

Foreign Accounts). Chapter 4 contains sections 1471

through 1474.

Chapter 4 status. The term chapter 4 status means a

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

foreign individual, participating FFI, deemed-compliant

FFI, restricted distributor, exempt beneficial owner,

nonparticipating FFI, territory financial institution,

excepted NFFE, or passive NFFE.

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).

An investment entity organized in a territory that is not

also a depository institution, custodial institution, or

specified insurance company is not treated as a financial

institution. Instead, it is a territory NFFE. If such an entity

cannot qualify as an excepted NFFE as described in

Regulations section 1.1472-1(c)(1) (including an excepted

territory NFFE), it must disclose its substantial U.S.

owners using this definition (applying the 10 percent

threshold) under Regulations section 1.1473-1(b)(1).

Deemed-compliant FFI. Under section 1471(b)(2),

certain FFIs are deemed to comply with the regulations

under chapter 4 without the need to enter into an FFI

agreement with the IRS. However, certain

deemed-compliant FFIs are required to register with the

IRS and obtain a GIIN. These FFIs are referred to as

registered deemed-compliant FFIs. See Regulations

section 1.1471-5(f)(1).

Disregarded entity. A business entity that has a single

owner and is not a corporation under Regulations section

301.7701-2(b) is disregarded as an entity separate from

its owner. Generally, a disregarded entity does not submit

this Form W-8BEN-E to a withholding agent. Instead, the

owner of such entity provides the appropriate

documentation (for example, a Form W-8BEN-E if the

owner is a foreign entity). However, if a disregarded entity

receiving a withholdable payment is an FFI outside the

single owner’s country of organization or has its own GIIN,

its foreign owner will be required to complete Part II of

Form W-8BEN-E to document the chapter 4 status of the

disregarded entity receiving the payment.

Instructions for Form W-8BEN-E (Rev. 10-2021)

Foreign financial institution (FFI). A foreign financial

institution (FFI) means a foreign entity that is a financial

institution.

Fiscally transparent entity. An entity is treated as

fiscally transparent with respect to an item of income for

which treaty benefits are claimed to the extent that the

interest holders in the entity must, on a current basis, take

into account separately their shares of an item of income

paid to the entity, whether or not distributed, and must

determine the character of the items of income as if they

were realized directly from the sources from which

realized by the entity. For example, partnerships, common

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trust funds, and simple trusts or grantor trusts are

generally considered to be fiscally transparent with

respect to items of income received by them.

Nonparticipating FFI. A nonparticipating FFI means an

FFI that is not a participating FFI, deemed-compliant FFI,

or exempt beneficial owner.

Flow-through entity. A flow-through entity is a foreign

partnership (other than a withholding foreign partnership),

a foreign simple or foreign grantor trust (other than a

withholding foreign trust), or, for payments for which a

reduced rate of, or exemption from, withholding is claimed

under an income tax treaty, any entity to the extent the

entity is considered to be fiscally transparent with respect

to the payment by an interest holder’s jurisdiction.

Nonreporting IGA FFI. A nonreporting IGA FFI is an FFI

that is a resident of, or located or established in, a Model

1 or Model 2 IGA jurisdiction that meets the requirements

of:

• A nonreporting financial institution described in a

specific category in Annex II of the Model 1 or Model 2

IGA;

• A registered deemed-compliant FFI described in

Regulations section 1.1471-5(f)(1)(i)(A) through (F);

• A certified deemed-compliant FFI described in

Regulations section 1.1471-5(f)(2)(i) through (v); or

• An exempt beneficial owner described in Regulations

section 1.1471-6.

Foreign person. A foreign person includes a foreign

corporation, a foreign partnership, a foreign trust, a foreign

estate, and any other person that is not a U.S. person. It

also includes a foreign branch or office of a U.S. financial

institution or U.S. clearing organization if the foreign

branch is a qualified intermediary. Generally, a payment to

a U.S. branch of a foreign person is a payment to a foreign

person.

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.

GIIN. The term GIIN means a global intermediary

identification number. A GIIN is the identification number

assigned to an entity that has registered with the IRS for

chapter 4 purposes.

Participating payee. A participating payee means any

person that accepts a payment card as payment or

accepts payment from a third party settlement

organization in settlement of a third party network

transaction for purposes of section 6050W.

Hybrid entity. A hybrid entity is any person (other than

an individual) that is treated as fiscally transparent for

purposes of its status under the Code but is not treated as

fiscally transparent by a country with which the United

States has an income tax treaty. Hybrid entity status is

relevant for claiming treaty benefits. A hybrid entity is

required to provide its chapter 4 status if it is receiving a

withholdable payment.

Payee. A payee is generally a person to whom a

payment is made regardless of whether such person is

the beneficial owner. For a payment made to a financial

account, the payee is generally the holder of the financial

account. See Regulations sections 1.1441-1(b)(2) and

1.1471-3(a)(3).

Intergovernmental agreement (IGA). An

intergovernmental agreement (IGA) means a Model 1 IGA

or a Model 2 IGA. For a list of jurisdictions treated as

having in effect a Model 1 or Model 2 IGA, see

www.treasury.gov/resource-center/tax-policy/treaties/

Pages/FATCA-Archive.aspx.

A Model 1 IGA means an agreement between the

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, 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 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.

The term reporting IGA FFI refers to both reporting

Model 1 FFIs and reporting Model 2 FFIs.

Payment settlement entity (PSE). A payment

settlement entity is a merchant acquiring entity or third

party settlement organization. Under section 6050W, a

PSE is generally required to report payments made in

settlement of payment card transactions or third party

network transactions. However, a PSE is not required to

report payments made to a beneficial owner that is

documented as foreign with an applicable Form W-8.

Publicly Traded Partnership (PTP). A PTP is an entity

that has the same meaning as in section 7704 and

Regulations section 1.7704-4 but does not include a PTP

treated as a corporation under that section.

PTP interest. A PTP interest is an interest in a PTP if the

interest is publicly traded on an established securities

market or is readily tradable on a secondary market (or

the substantial equivalent thereof).

Qualified intermediary (QI). A qualified intermediary

(QI) is a person that is a party to an agreement with the

IRS that is described in Regulations section 1.1441-1(e)

(5)(iii). A qualified derivatives dealer (QDD) is a QI that

has agreed to certain reporting and withholding

requirements pursuant to Regulations section 1.1441-1(e)

(6).

Recalcitrant account holder. A recalcitrant account

holder includes an entity (other than an entity required to

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Instructions for Form W-8BEN-E (Rev. 10-2021)

use Form W-9 to certify its status as a U.S. person for

chapter 3 and chapter 4 purposes.

be treated as a nonparticipating FFI) that fails to comply

with a request by an FFI maintaining the account for

documentation and information for determining whether

the account is a U.S. account. See Regulations section

1.1471-5(g).

Withholdable payment. A withholdable payment is

defined in Regulations section 1.1473-1(a). For

exceptions applicable to the definition of a withholdable

payment, see Regulations section 1.1473-1(a)(4) (for

example, certain nonfinancial payments).

Reverse hybrid entity. A reverse hybrid entity is any

person (other than an individual) that is not fiscally

transparent under U.S. tax law principles but that is

fiscally transparent under the laws of a jurisdiction with

which the United States has an income tax treaty. See

Form W-8IMY and the accompanying instructions for

information on a reverse hybrid entity making a claim of

treaty benefits on behalf of its owners.

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.

For purposes of section 1446(a), the withholding agent

is the partnership conducting the trade or business in the

United States. For a partnership distribution made by a

PTP, the withholding agent for purposes of section

1446(a) may be the PTP, a nominee holding an interest

on behalf of a foreign person, or both. See Regulations

sections 1.1446-1 through 1.1446-6.

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

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

specified U.S. person that:

• Owns, directly or indirectly, more than 10 percent (by

vote or value) of the stock of any foreign corporation;

• Owns, directly or indirectly, more than 10 percent of the

profits or capital interests in a foreign partnership;

• Is treated as an owner of any portion of a foreign trust

under sections 671 through 679; or

• Holds, directly or indirectly, more than a 10 percent

beneficial interest in a trust.

Specific Instructions

Part I – Identification

of Beneficial Owner

Transfer. A transfer is a sale, exchange, or other

disposition of a partnership interest, and includes a

distribution from a partnership to a partner, as well as a

transfer treated as a sale or exchange under section

707(a)(2)(B).

Line 1. Enter your name. If you are a disregarded entity

or branch, do not enter your business name. Instead,

enter the legal name of your owner (or, if you are a

branch, the entity that you form a part of) (looking through

multiple disregarded entities if applicable). If you are a

disregarded entity that is a hybrid entity filing a treaty

claim, however, see Hybrid Entity Making a Claim of

Treaty Benefits under Special Instructions, later.

Transferee. A transferee is any person, foreign or

domestic, that acquires a partnership interest through a

transfer and includes a partnership that makes a

distribution.

If you are an account holder providing this form to

Transferor. A transferor is any person, foreign or

domestic, that transfers a partnership interest. In the case

of a trust, to the extent 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 (such trust, a grantor

trust), the term transferor means the grantor or other

person.

TIP an FFI solely for purposes of documenting

yourself as an account holder and you are not

receiving a withholdable payment or reportable amount

(as defined in Regulations section 1.1441-1(e)(3)(vi)), you

should complete Part I by substituting the references to

“beneficial owner” with “account holder.”

U.S. person. A U.S. person is defined in section 7701(a)

(30) and includes domestic partnerships, corporations,

and trusts.

The named holder on the account is not

necessarily the account holder for purposes of

CAUTION chapter 4. See Definitions, earlier, or, for an

account maintained by an FFI covered by a Model 1 or

Model 2 IGA with respect to the account, the definition of

account holder in an applicable IGA to determine if you

are the account holder. If you hold an account with an FFI

and are unsure whether the definition of “account holder”

under an IGA is applicable to your account, consult with

the FFI requesting this form.

Certain foreign insurance companies issuing

annuities or cash value insurance contracts that

CAUTION elect to be treated as a U.S. person for federal tax

purposes but are not licensed to do business in the United

States are treated as FFIs for purposes of chapter 4. For

purposes of providing a withholding agent with

documentation for both chapter 3 and chapter 4 purposes,

however, such an insurance company is permitted to use

Form W-9 to certify its status as a U.S. person. Likewise,

a foreign branch of a U.S. financial institution (other than a

branch that operates as a qualified intermediary) that is

treated as an FFI under an applicable IGA is permitted to

Instructions for Form W-8BEN-E (Rev. 10-2021)

Line 2. If you are a corporation, enter your country of

incorporation. If you are another type of entity, enter the

country under whose laws you are created, organized, or

governed.

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Line 5. Check the one box that applies to your chapter 4

status. You are only required to provide a chapter 4 status

on this form if you are the payee of a withholdable

payment or are documenting the status of a financial

account you hold with an FFI requesting this form. By

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

qualify for this classification in your country of residence.

Line 3. If you are a disregarded entity receiving a

withholdable payment, enter your name on line 3 if you: 1)

have registered with the IRS and been assigned a GIIN

associated with the legal name of the disregarded entity;

2) are a reporting Model 1 FFI or reporting Model 2 FFI;

and 3) are not a hybrid entity using this form to claim

treaty benefits.

If you are not required to provide the legal name of

the disregarded entity, you may want to notify the

CAUTION withholding agent that you are a disregarded

entity receiving a payment or maintaining an account by

indicating the name of the disregarded entity on line 10. If

you wish to report the name of a disregarded entity

holding an account with the withholding agent requesting

this form for only information purposes (that is, the

disregarded entity is not reported on line 1 or in Part II of

this form), you may enter the disregarded entity's name on

line 3.

For most of the chapter 4 statuses, you are

TIP required to complete an additional part of this form

certifying that you meet the conditions of the

status indicated on line 5. Complete the required portion

of this form before signing and providing it to the

withholding agent. See Entities Providing Certifications

Under an Applicable IGA under Special Instructions, later.

FFIs Covered by an IGA and Related Entities

A reporting IGA FFI resident in, or established under the

laws of, a jurisdiction covered by a Model 1 IGA should

check “Reporting Model 1 FFI.” A reporting FFI resident

in, or established under the laws of, a jurisdiction covered

by a Model 2 IGA should check “Reporting Model 2 FFI.” If

you are treated as a registered deemed-compliant FFI

under an applicable IGA, you should check “Nonreporting

IGA FFI” rather than “registered deemed-compliant FFI”

and provide your GIIN.

Line 4. Check the one box that applies. By checking a

box, you are representing that you qualify for the

classification indicated. You must check the box that

represents your classification (for example, corporation,

partnership, trust, estate, etc.) under U.S. tax principles

(not under the law of a treaty country). To determine

whether you are an integral part of a foreign government

or an entity that is controlled by a foreign government, see

Temporary Regulations section 1.892-2T. If you are

providing Form W-8BEN-E to an FFI solely for purposes

of documenting yourself for chapter 4 purposes as an

account holder of an account maintained by an FFI, you

do not need to complete line 4.

If you are a partnership, disregarded entity, simple

trust, or grantor trust receiving a payment for which treaty

benefits are being claimed by such entity, you must check

the “Partnership,” “Disregarded entity,” “Simple trust,” or

“Grantor trust” box. For such a case, you must also check

the “yes” box to indicate that you are a hybrid entity

making a treaty claim. You may only check the “no” box if

(1) you are a disregarded entity, partnership, simple trust,

or grantor trust and are using the form solely for purposes

of documenting yourself as an account holder of an FFI

and the form is not associated with a withholdable

payment or a reportable amount or (2) you are using this

form solely for purposes of documenting your status as a

participating payee for purposes of section 6050W. In

such cases, you are not required to complete line 4, but

you may check the “no” box if you choose to complete

line 4. You may also use Form W-8IMY to document

yourself as an account holder of an FFI.

In general, if you are treated as a nonreporting IGA FFI

under an applicable IGA, you should check “Nonreporting

IGA FFI” even if you meet the qualifications for

deemed-compliant status or are an exempt beneficial

owner under the chapter 4 regulations. In such a case,

you should not also check your applicable status under

the regulations but should provide your GIIN on line 9, if

applicable. If you are an owner-documented FFI that is

treated as a nonreporting IGA FFI under an applicable

IGA you must check “Owner-documented FFI” and

complete Part X.

An FFI that is related to a reporting IGA FFI and that is

treated as a nonparticipating FFI in its country of

residence should check “Nonparticipating FFI” on line 5.

If you are an FFI in a jurisdiction treated as having an

IGA in effect, you should not check “Participating FFI” but

rather should check “Reporting Model 1 FFI” or “Reporting

Model 2 FFI” as applicable. See www.treasury.gov/

resource-center/tax-policy/treaties/Pages/FATCAArchive.aspx for a list of jurisdictions treated as having an

IGA in effect.

Non-Profit Organizations Covered by an IGA

If you are a non-profit entity that is established and

maintained in a jurisdiction treated as having an IGA in

effect and you meet the definition of “active NFFE”under

Annex I of the applicable IGA, you should not check a box

on line 5 if you are providing this form to an FFI for

purposes of documenting yourself as an account holder.

Instead, you should provide a certification of your status

under the IGA. See Entities Providing Certifications Under

an Applicable IGA under Special Instructions, later.

Only entities that are tax-exempt under section

501(c) should check the “Tax-exempt

CAUTION organization” box for purposes of line 4. Such

organizations should use Form W-8BEN-E only if they are

claiming a reduced rate of withholding under an income

tax treaty or a Code exception other than section 501(c) or

if they are using this form solely for purposes of

documenting themselves as an account holder with an

FFI. However, if you are a private foundation you should

check “Private Foundation” instead of “Tax-exempt

organization.”

Account That Is Not a Financial Account

If you are providing this form to document an account you

hold with a foreign financial institution that is not a

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Instructions for Form W-8BEN-E (Rev. 10-2021)

If you need an EIN, you are encouraged to apply

financial account under Regulations section 1.1471-5(b)

(2), check the “Account that is not a financial account” box

on line 5.

TIP for one online instead of submitting a paper Form

SS-4. For more information, visit IRS.gov/EIN.

Line 6. Enter the permanent residence address of the

entity identified on line 1. Your permanent residence

address is the address in the country where you claim to

be a resident for purposes of that country’s income tax. If

you are giving Form W-8BEN-E to claim a reduced rate of,

or exemption from, withholding under an income tax

treaty, you must determine residency in the manner

required by the treaty. Do not show the address of a

financial institution (unless you are a financial institution

providing your own address), a post office box, or an

address used solely for mailing purposes unless it is the

only address you use and it appears in your organizational

documents (that is, your registered address). If you do not

have a tax residence in any country, the permanent

residence address is where you maintain your principal

office.

Line 9a. If you are a participating FFI, registered

deemed-compliant FFI (including a sponsored FFI

described in the Treasury regulations), reporting Model 1

FFI, reporting Model 2 FFI, direct reporting NFFE, trustee

of a trustee-documented trust that is a foreign person

providing this form for the trust, or sponsored direct

reporting NFFE, you are required to enter your GIIN (with

regard to your country of residence) on line 9a. If you are

a trustee of a trustee-documented trust and you are a

foreign person, you should provide the GIIN that you

received when you registered as a participating FFI or

reporting Model 1 FFI. If your branch is receiving the

payment and is required to be identified in Part II, you are

not required to provide a GIIN on line 9a. Instead, provide

the GIIN of your branch (if applicable) on line 13.

You must provide your GIIN on line 9 if you are a

nonreporting IGA FFI that is (1) treated as registered

deemed-compliant under Annex II to an applicable Model

2 IGA or (2) a registered deemed-compliant FFI under

Regulations section 1.1471-5(f)(1).

Line 7. Enter your mailing address only if it is different

from the address on line 6.

Line 8. Enter your U.S. employer identification number

(EIN). An EIN is a U.S. taxpayer identification number

(TIN) for entities. If you do not have a U.S. EIN, apply for

one on Form SS-4, Application for Employer Identification

Number, if you are required to obtain a U.S. TIN.

A partner in a partnership conducting a trade or

business in the United States will likely be allocated

effectively connected taxable income. In addition, if the

partner transfers an interest in such a partnership, the

partner may be subject to tax under section 864(c)(8) on

the transfer. As in either case the partner is considered

engaged in a U.S. trade or business because it is a

partner in a partnership engaged in a U.S. trade or

business, the partner is required to file a U.S. federal

income tax return and must have a TIN, which the partner

is required to provide on this form.

You must also provide a U.S. TIN if you are:

• Claiming an exemption from withholding under section

871(f) for certain annuities received under qualified plans,

• Claiming benefits under an income tax treaty and have

not provided a FTIN on line 9b.

However, a TIN is not required to be shown in order to

claim treaty benefits on the following items of income:

• Dividends and interest from stocks and debt obligations

that are actively traded;

• Dividends from any redeemable security issued by an

investment company registered under the Investment

Company Act of 1940 (mutual fund);

• Dividends, interest, or royalties from units of beneficial

interest in a unit investment trust that are (or were upon

issuance) publicly offered and are registered with the SEC

under the Securities Act of 1933; and

• Income related to loans of any of the above securities.

See Regulations section 1.1441-1(e)(4)(vii) for other

circumstances when you are required to provide a U.S.

TIN for an amount subject to chapter 3 withholding.

If you are in the process of registering with the IRS

TIP as a participating FFI, registered

deemed-compliant FFI (including a sponsored

FFI), reporting Model 1 FFI, reporting Model 2 FFI, direct

reporting NFFE, sponsored direct reporting NFFE, or

nonreporting IGA FFI but have not received a GIIN, you

may complete this line by writing “applied for.” However,

the person requesting this form from you must receive and

verify your GIIN within 90 days.

Line 9b. If you are providing this Form W-8BEN-E to

document yourself as an account holder 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 Form 1042-S

associated with this form, you must provide on line 9b the

FTIN issued to you by the jurisdiction in which you are a

tax resident identified on line 6 unless:

• You properly identified yourself as a government

(including a controlled entity that is a foreign government

under section 892), central bank of issue, or international

organization on line 4;

• You are a resident of a U.S. territory; or

• 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-do-notissue-foreign-tins.

You also do not need to provide an FTIN on line 9b if you

meet the requirement for checking the box on line 9c.

In addition, if you are not using this form to document a

financial account described above, you may provide the

FTIN issued to you by your jurisdiction of tax residence on

line 9b for purposes of claiming treaty benefits (rather than

providing a U.S. TIN on line 8, if required).

Lines 9a and 9b should accommodate the GIIN or

TIP foreign TIN, as appropriate. You may need to use

a smaller font when completing the form. If the

Instructions for Form W-8BEN-E (Rev. 10-2021)

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GIIN or FTIN does not fit in the space provided, you may

provide a GIIN or FTIN that is indicated and clearly

identified somewhere else on the form, or on a separate

attached sheet, as long as the GIIN or FTIN is clearly

identified as being furnished with respect to line 9a or 9b,

respectively. For example, a handwritten GIIN located just

outside of line 9a with a corresponding arrow pointing to

line 9a is a properly provided GIIN for this purpose.

Line 9c. You may check the box in this line 9c if you are

an account holder as described for purposes of line 9b

and you are not legally required to obtain an FTIN from

your jurisdiction of residence (including if the jurisdiction

does not issue FTINs). By checking this box you will be

treated as having provided an explanation for not

providing an FTIN on line 9b. If you wish to provide a

further (or other) explanation why you are not required to

provide an FTIN on line 9b, you may do so in the margins

of this form or on a separate statement attached to this

form.

Line 10. This line may be used by you or by the

withholding agent or FFI to include any referencing

information that is useful to the withholding agent to

document the beneficial owner. For example, withholding

agents who are required to associate the Form

W-8BEN-E with a particular Form W-8IMY may want to

use line 10 for a referencing number or code that will

make the association clear. You may also want to use

line 10 to include the number of the account for which you

are providing the form. If you are a single owner of a

disregarded entity you may use line 10 to inform the

withholding agent that the account to which a payment is

made or credited is held in the name of the disregarded

entity (unless the name of the disregarded entity is

required to be provided on line 3).

You may also use line 10 to identify income from a

notional principal contract that is not effectively connected

with the conduct of a trade or business in the United

States.

Part II – Disregarded Entity

or Branch Receiving Payment

Complete Part II for a disregarded entity that has its own

GIIN and is receiving a withholdable payment, or for a

branch (including a branch that is a disregarded entity that

does not have a GIIN) operating in a jurisdiction other than

the country of residence identified on line 2. For example,

assume ABC Co., which is a participating FFI resident in

Country A, operates through a branch in Country B (which

is a Model 1 IGA jurisdiction) and the branch is treated as

a reporting Model 1 FFI under the terms of the Country B

Model 1 IGA. ABC Co. should not enter its GIIN on line 9,

and the Country B branch should complete this Part II by

identifying itself as a reporting Model 1 IGA FFI and

providing its GIIN on line 13. If the Country B branch

receiving the payment is a disregarded entity you may be

required to provide its legal name on line 3.

If the disregarded entity receiving a withholdable

TIP payment has its own GIIN, Part II should be

completed regardless of whether it is in the same

country as the single owner identified in Part I.

If you have multiple branches/disregarded entities

receiving payments from the same withholding agent and

the information in Part I is the same for each branch/

disregarded entity that will receive payments, a

withholding agent may accept a single Form W-8BEN-E

from you with a schedule attached that includes all of the

Part II information for each branch/disregarded entity

rather than separate Forms W-8BEN-E to identify each

branch/disregarded entity receiving payments associated

with the form and an allocation of the payment to each

branch/disregarded entity.

Line 11. Check the one box that applies. If no box

applies to the disregarded entity, you do not need to

complete this part. If you check reporting Model 1 FFI,

reporting Model 2 FFI, or participating FFI, you must

complete line 13, later. If your branch is a branch of a

reporting IGA FFI that cannot comply with the

requirements of an applicable IGA or the regulations

under chapter 4 (a related entity), you must check "Branch

treated as nonparticipating FFI."

Line 12. Enter the address of the branch or disregarded

entity.

Line 13. If you are a reporting Model 1 FFI, reporting

Model 2 FFI, or participating FFI, you must enter the GIIN

on line 13 of your branch that receives the payment. If you

are a disregarded entity that completed Part I, line 3 of this

form and are receiving payments associated with this

form, enter your GIIN. Do not enter your GIIN on line 9. If

you are a U.S. branch, enter a GIIN applicable to any

other branch of the FFI (including in its residence country).

If you are in the process of registering your branch

TIP with the IRS but have not received a GIIN, you

may complete this line by writing “applied for.”

However, the person requesting this form from you must

receive and verify your GIIN within 90 days.

Part III – Claim of Tax Treaty Benefits

Line 14a. If you are claiming a reduced rate of, or

exemption from, withholding under an income tax treaty

you must enter the country where you are a resident for

income tax treaty purposes and check the box to certify

that you are a resident of that country.

Line 14b. If you are claiming a reduced rate of, or

exemption from, withholding under an income tax treaty

you must check the box to certify that you:

• Derive the item of income for which the treaty benefit is

claimed, and

• Meet the limitation on benefits provision contained in

the treaty, if any.

An item of income may be derived by either the entity

receiving the item of income or by the interest holders in

the entity or, in certain circumstances, both. An item of

income paid to an entity is considered to be derived by the

entity only if the entity is not fiscally transparent under the

laws of the entity’s jurisdiction with respect to the item of

income. An item of income paid to an entity shall be

considered to be derived by the interest holder in the

entity only if:

• The interest holder is not fiscally transparent in its

jurisdiction with respect to the item of income, and

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Instructions for Form W-8BEN-E (Rev. 10-2021)

• The entity is considered to be fiscally transparent under

the laws of the interest holder’s jurisdiction with respect to

the item of income. An item of income paid directly to a

type of entity specifically identified in a treaty as a resident

of a treaty jurisdiction is treated as derived by a resident of

that treaty jurisdiction.

Limitation on benefits treaty provisions. If you are a

resident of a foreign country that has entered into an

income tax treaty with the United States that contains a

limitation on benefits (LOB) article, you must complete

one of the checkboxes on line 14b. You must also

complete the applicable checkbox on line 14b if you are a

resident of a foreign country that has entered into an

income tax treaty with the United States that does not

contain an LOB article. You may only check a box if the

LOB article in that treaty includes a provision that

corresponds to the checkbox on which you are relying to

claim treaty benefits. A particular treaty might not include

every type of test for which a checkbox is provided. For

example, “Company that meets the derivative benefits

test” is generally not available to a company resident in a

treaty country that is not a member of the EU, EEA, or

USMCA. In addition, each treaty LOB article that contains

a specific test listed below may have particular

requirements that must be met that differ from the

requirements in another treaty with regard to the same

test. Accordingly, you must check the relevant treaty LOB

article for the particular requirements associated with

each test. In general, only one LOB checkbox is required

to claim a treaty exemption even if more than one

checkbox would suffice to claim the benefits of the treaty

for that item of income.

Each of the tests is summarized below for your general

convenience but may not be relied upon for making a final

determination that you meet an LOB test. Rather you must

check the text of the LOB article itself to determine which

tests are available under that treaty and the particular

requirements of those tests. See Table 4, Limitation on

Benefits, at IRS.gov/Individuals/International-Taxpayers/

Tax-Treaty-Tables, for a summary of the major tests

within the Limitation on Benefits article that are relevant

for documenting any entity's claim for treaty benefits.

• Government—this test is met if the entity is the

Contracting State, political subdivision, or local authority.

• Tax-exempt pension trust or pension fund—this test

generally requires that more than half the beneficiaries or

participants in the trust or fund be residents of the country

of residence of the trust or fund itself.

• Other tax-exempt organization—this test generally

requires that more than half the beneficiaries, members,

or participants of religious, charitable, scientific, artistic,

cultural, or educational organizations be residents of the

country of residence of the organization.

• Publicly-traded corporation—this test generally requires

the corporation's principal class of shares to be primarily

and regularly traded on a recognized stock exchange in

its country of residence, while other treaties may permit

trading in either the United States or the treaty country, or

in certain third countries if the primary place of

management is the country of residence.

• Subsidiary of publicly-traded corporation—this test

generally requires that more than 50% of the vote and

value of the company's shares be owned, directly or

Instructions for Form W-8BEN-E (Rev. 10-2021)

indirectly, by five or fewer companies that are

publicly-traded corporations and that themselves meet the

publicly-traded corporation test, as long as all companies

in the chain of ownership are resident in either the United

States or the same country of residence as the subsidiary.

• Company that meets the ownership and base erosion

test—this test generally requires that more than 50% of

the vote and value of the company's shares be owned,

directly or indirectly, by individuals, governments,

tax-exempt entities, and publicly-traded corporations

resident in the same country as the company, as long as

all companies in the chain of ownership are resident in the

same country of residence, and less than 50% of the

company's gross income is accrued or paid, directly or

indirectly, to persons who would not be good

shareholders for purposes of the ownership test.

• Company that meets the derivative benefits test—this

test is generally limited to USMCA, EU, and EEA country

treaties, and may apply to all benefits or only to certain

items of income (interest, dividends, and royalties). It

generally requires that more than 95% of the aggregate

vote and value of the company's shares be owned,

directly or indirectly, by seven or fewer equivalent

beneficiaries (ultimate owners who are resident in an EU,

EEA, or USMCA country and are entitled to identical

benefits under their own treaty with the United States

under one of the ownership tests included within the LOB

article (other than the stock ownership and base erosion

test)). In addition, this test requires that less than 50% of

the company's gross income be paid or accrued, directly

or indirectly, to persons who would not be equivalent

beneficiaries.

• Company with an item of income that meets the active

trade or business test—this test generally requires that the

company be engaged in an active trade or business in its

country of residence, that its activities in that country be

substantial in relation to its U.S. activities, if the payer is a

related party, and the income be derived in connection to

or incidental to that trade or business.

• No LOB article in treaty—this generally requires that the

entity is a resident in a foreign country that has entered

into an income tax treaty with the United States that does

not contain an LOB article.

• Other—for other LOB tests that are not listed above (for

example, a headquarters test). Identify the other test

relied upon. For example, if you meet the headquarters

test under the United States-Netherlands income tax

treaty, you should write “Headquarters test, Article 26(5)”

in the space provided.

• Favorable discretionary determination received—this

test requires that the company obtain a favorable

determination granting benefits from the U.S. competent

authority that, despite the company's failure to meet a

specific objective LOB test in the applicable treaty, it may

nonetheless claim the requested benefits. Unless a treaty

or technical explanation specifically provides otherwise,

you may not claim discretionary benefits while your claim

for discretionary benefits is pending.

If an entity is claiming treaty benefits on its own behalf,

it should complete Form W-8BEN-E. If an interest holder

in an entity that is considered fiscally transparent in the

interest holder’s jurisdiction is claiming a treaty benefit,

the interest holder should complete Form W-8BEN (if an

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individual) or Form W-8BEN-E (if an entity) on its own

behalf as the appropriate treaty resident, and the fiscally

transparent entity should associate the interest holder’s

Form W-8BEN or Form W-8BEN-E with a Form W-8IMY

completed by the fiscally transparent entity (see Hybrid

Entity Making a Claim of Treaty Benefits under Special

Instructions, later).

An income tax treaty may not apply to reduce the

amount of any tax on an item of income received

CAUTION by an entity that is treated as a domestic

corporation for U.S. tax purposes. Therefore, neither the

domestic corporation nor its shareholders are entitled to

the benefits of a reduction of U.S. income tax on an item

of income received from U.S. sources by the corporation.

If you are an entity that derives the income as a

TIP resident of a treaty country, you must check the

box “No LOB article in treaty” if the applicable

income tax treaty does not contain a “limitation on

benefits” provision.

Line 14c. If you are a foreign corporation claiming treaty

benefits under an income tax treaty that entered into force

before January 1, 1987 (and has not been renegotiated)

on (1) U.S. source dividends paid to you by another

foreign corporation or (2) U.S. source interest paid to you

by a U.S. trade or business of another foreign corporation,

you must generally be a “qualified resident” of a treaty

country. See section 884 for the definition of interest paid

by a U.S. trade or business of a foreign corporation

(“branch interest”) and other applicable rules.

In general, a foreign corporation is a qualified resident

of a country if any of the following apply:

• It meets a 50% ownership and base erosion test.

• It is primarily and regularly traded on an established

securities market in its country of residence or the United

States.

• It carries on an active trade or business in its country of

residence.

• It gets a ruling from the IRS that it is a qualified resident.

See Regulations section 1.884-5 for the requirements that

must be met to satisfy each of these tests.

If you are claiming treaty benefits under an

income tax treaty entered into force after

CAUTION December 31, 1986, do not check the line on

box 14c. Instead, check the boxes for line 14b.

Line 15. Line 15 must be used only if you are claiming

treaty benefits that require that you meet conditions not

covered by the representations you make on line 14 (or

other certifications on the form). This line is generally not

applicable to claiming treaty benefits under an interest or

dividends (other than dividends subject to a preferential

rate based on ownership) article of a treaty or other

income article, unless such article requires additional

representations. For example, certain treaties allow for a

zero rate on dividends for certain qualified residents

provided that additional requirements are met, such as

ownership percentage, ownership period, and that the

resident meet a combination of tests under an applicable

LOB article. You should indicate the specific treaty article

and paragraph or subparagraph, as applicable. You

should also use this space to set out the requirements you

meet under the identified treaty article.

The following are examples of persons who should

complete this line:

• Exempt organizations claiming treaty benefits under the

exempt organization articles of the treaties with Canada,

Mexico, Germany, and the Netherlands.

• Foreign corporations that are claiming a preferential

rate applicable to dividends based on ownership of a

specific percentage of stock in the entity paying the

dividend and owning the stock for a specified period of

time. Such persons should provide the percentage of

ownership and the period of time they owned the stock.

For example, under the United States-Italy treaty, to claim

the 5% dividend rate, the Italian corporation must own

25% of the voting stock for a 12-month period.

In addition, for example, if you qualify for and are

claiming a zero rate on dividend payments under Article

10(3) of the United States-Germany income tax treaty,

you should fill out line 15 with “Article 10(3),” “0,” and

“dividends” in the spaces provided. In the space provided

for an explanation, you may write that you are the

beneficial owner of the dividends, you are a resident of

Germany, you have directly owned shares representing

80% or more of the voting power of the company paying

the dividends for the 12-month period ending on the date

the entitlement to the dividend is determined, and that you

satisfy the conditions of Article 28(2)(f)(aa) and (bb) and

Article 28(4) of the treaty with respect to the dividends.

• Persons claiming treaty benefits on royalties if the treaty

contains different withholding rates for different types of

royalties.

• Persons claiming treaty benefits on interest other than

the generally applicable rate. For example, under the

United States-Australia treaty, the generally applicable

interest rate is 10% under Article 11(2). However, interest

may be exempt from withholding if the specific conditions

under Article 11(3) are met.

• Persons claiming treaty benefits on business profits not

attributable to a permanent establishment or on gains

arising from the alienation of property (other than real

property) that does not form all or part of a permanent

establishment (including gains that do not arise from the

alienation of a permanent establishment). For example, a

foreign partner that derives gains subject to tax under

section 864(c)(8) upon the transfer of an interest in a

partnership that conducts a trade or business within the

United States may claim treaty benefits on this form with

respect to the withholding required under section 1446(f)

by stating that the gains are not attributable to a

permanent establishment and by including the relevant

gains article of the treaty. Additionally, for a claim that gain

or income with respect to a PTP interest is not attributable

to a permanent establishment in the United States, you

must identify the name of each PTP to which the claim

relates. See, however, Regulations section 1.864(c)

(8)-1(f) (providing that gain or loss on the alienation of a

partnership interest is gain or loss attributable to the

alienation of assets forming part of a permanent

establishment to the extent that the assets deemed sold

under section 864(c)(8) form part of a permanent

establishment of the partnership).

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Instructions for Form W-8BEN-E (Rev. 10-2021)

Parts IV Through XXVIII –

Certification of Chapter 4 Status

You should complete only one part of Parts IV through

XXVIII certifying to your chapter 4 status (if required). You

are not required to complete a chapter 4 status

certification if you are not the payee of withholdable

payment or you do not hold an account with an FFI

requesting this form. Identify which part (if any) you should

complete by reference to the box you checked on line 5.

An entity that selects nonparticipating FFI, participating

FFI, registered deemed-compliant FFI (other than a

sponsored FFI), reporting Model 1 FFI, reporting Model 2

FFI, or direct reporting NFFE (other than a sponsored

direct reporting NFFE) on line 5 is not required to

complete any of the certifications in Parts IV through

XXVIII.

IGA. In lieu of the certifications contained in Parts IV

through XXVIII of Form W-8BEN-E, in certain cases you

may provide an alternate certification to a withholding

agent. See Entities Providing Certifications Under an

Applicable IGA under Special Instructions, later.

Part IV – Sponsored FFI

Line 16. If you are a sponsored FFI described in

Regulations section 1.1471-5(f)(1)(i)(F), enter the name of

the sponsoring entity that has agreed to fulfill the due

diligence, reporting, and withholding obligations (as

applicable) on behalf of the sponsored FFI identified on

line 1. You must provide your GIIN on line 9.

Line 17. You must check the applicable box to certify that

you are either a sponsored investment entity or sponsored

controlled foreign corporation (within the meaning of

section 957(a)) and that you satisfy the other relevant

requirements for this status.

Part V – Certified Deemed-Compliant

Nonregistering Local Bank

Line 18. If you are a certified deemed-compliant

nonregistering local bank, you must check the box to

certify that you meet all of the requirements for this

certified deemed-compliant status.

Part VI – Certified Deemed-Compliant

FFI With Only Low-Value Accounts

Line 19. If you are a certified deemed-compliant FFI with

only low-value accounts, you must check the box to certify

that you meet all of the requirements for this certified

deemed-compliant classification.

Part VII – Certified Deemed-Compliant