|
Form W-9 (Rev. 10-2018)
<br />Page 2
<br />By signing the filled-out form, you:
<br />1- Certify that the TIN you are giving is correct {or you are waiting for a
<br />number to be issued),
<br />2. Certily that you are not subjeci to backup withholding, or
<br />3. Claim exemption from backup withholding if you are a U.S. exempt
<br />payee. lf applicable, you are also certifyjng that as a U.S. person, your
<br />allocable share of any padnership income from a U.S. trade or buiiness
<br />is not subject to the withholding tax on foreign partners, share of
<br />effectively connected income, and
<br />4. Certify that FATCA code(s) entered on this form (if any) indicatingtltyo, are exempt from the FATCA reporting, is correct. See What is
<br />FATCA reporting, later, for further information.
<br />Notet lf you are a U.S. person and a requester gives you a form other
<br />than Form W-9, to request your TlN, you must ule the requester,s form if
<br />it is substantially similar to this Form W-9.
<br />Definition of a U.S. pErson. For federal tax purposes, you are
<br />considered a U.S. person if you are;
<br />. An individual who is a U.S. citizon or U.S. resident alien;
<br />. A partnership, corporation, company, or association created or
<br />organized in the Unjted States or under the laws ol the United States;
<br />. An estate (other than a foreign estate); or
<br />. A domestic trust (as defined in Regulations section 901.770i -7).
<br />Special rules for partnerships. partnerships that conduct a trade or
<br />business in the United States are generally required to pay a withholding
<br />tax under section 1446 on any foreign partners'share of effectively
<br />connected taxable income from such business. Further, in certain cases
<br />wherea Form W-9 has not been received, the rules undersection 1446
<br />require a padnership to presume that a partner is a foreign person, and
<br />pay the section 1446 withholding tax. Therefore, if you aie a U.S. person
<br />that is a partner in a partnership conducting a trade or business in the
<br />United States, provide Form W-9 to the partnership to establish your
<br />U,S. status and avoid section 1446 withholding on your share of
<br />-
<br />partnership income.
<br />ln the cases below, the following person must give Form W-9 to thepartnership for purposes of establishing its U.S. status and avoiding
<br />withholding on its allocable share of net income from the partnership
<br />conducting a trade or business in the United States.
<br />. ln the case of a disregarded entity with a U.S. owner, the U.S. owner
<br />of the disregarded entity and not the entity;
<br />. ln the case of a grantor trust with a U.S. gtantor or other U.S. owner,
<br />generally, the U.S. grantor or other U.S. owner of the grantor trust and
<br />not the trust; and
<br />, ln the case of a U.S. trust (other than a grantor trust), the U.S. trust
<br />(other than a grantor trust) and noi the beneliciaries of the trust,
<br />Foreign person. lf you are a foreign person or the U.S. branch of a
<br />foreign bank that has elected to be treated as a U.S. person, do not use
<br />Form W-9. lnstead, use lhe appropriate Form W-g or Form g233 (see
<br />Pub. 515, Withholding of Tax on Nonresident Aliens and Foreion
<br />Fntities).
<br />Nonresident alien who becomos a resident alien. Generally, only a
<br />nonresident alien individual may use the terms of a tax treaty to reduce
<br />or eliminate U.S. tax on certain types of income. However, most tax
<br />treaties contain a provision known as a ,,saving clause." Exceptions
<br />specilied in the saving clause may permit an exemption lrom tax to
<br />continue for cenain types of income even after the payee has otherwise
<br />become a U.S, resident alien for tax purposes.
<br />ll you are a U.S. resiclent alien who is rslying on an exceptloncontainod in the saving clause oJa tax treaty t-o claim an aiemptronkom U.S. tax on certaln types of lncorre, ydu musl attach a stat€mentto Fornr W-9 thal specifies lhe following five items.
<br />,1. The treaty country. Gonerally, this must be the same trsaty underwhich you claimed exemption from tax as a nonresident alion.
<br />2. The treaty article addressing the income,
<br />3. The article number (or location) in the tax treaty that contains thesaving clause and its exceplion$.
<br />- 4. The iype and amount of income that quali{ies for the exempiionfrom tax.
<br />5. Suflrcient facts to justify the exemption from tax under the terms ofthe treaty article.
<br />Example- Article 20 of the U.S.-China income tax treaty allows an
<br />exemption from tax for scholarship income received by a Chinese
<br />student temporarily present in the United States. Under U.S. law, this
<br />student will become a resident alien for tax purposes if his or her stay in
<br />the United States exceeds 5 calendar years. However, paragraph 2 of
<br />the first Protocol to the U.S.-China treaty {dated April 30, 19-84) allows
<br />the provisions of Article 20 to continue to apply even after the bhinese
<br />student becomes a resident alien of the United States. A Chinese
<br />student who qualifies for this exception {under paragraph 2 of the first
<br />protocol) and is relying on this exception to claim an exemption from tax
<br />on his or her scholarship or fellowship income would attach to Form
<br />W-9 a statement that includes the information describod above to
<br />support that exemption.
<br />lf you are a nonresidenl ailen or a foreign entity, give the requester the
<br />apptopriate completed Form W-8 or Form 8233.
<br />Backup Withholding
<br />What is backup withholding? Persons making certain payments to you
<br />must under certain conditions withhold and pay to the IRS 24% of such
<br />payments. This is called "backup withholding," payments that may be
<br />subject lo backup withholding include interest, tax-exempt interesi,
<br />dividends, broker and barter exchange transactions, rents, royalties,
<br />nonemployee pay, payments made in setflement of payment card and
<br />third party network transactions, and certain payments from fishing boat
<br />operators. Real estate transactions are not subject to backup
<br />wilhholding.
<br />You will not be subject to backup withholding on payments you
<br />receive if you give the requester your correct TlN, make the proper
<br />certifications, and report all your taxable int€rest and dividends on your
<br />tax return.
<br />Payments you receive will be subiect to backup withholding il:
<br />1. You do not furnish your TIN to the requester,
<br />2. You do not certify your TIN when required (see the instructions for
<br />Part ll for details),
<br />3. The IRS tells the requester that you furnished an incorrect TlN,
<br />4, The IBS tells you that you are subject to backup withholding
<br />because you did not report all your interest and dividends on your tax
<br />return (for reportable interost and dividends only), or
<br />5. You do not certify to the requester that you are not subject to
<br />backup wiihholding under 4 above (for reportable interest and dividend
<br />accounts opened after.l983 only).
<br />^ Certain payees and payments are exempt irom backup withholding.
<br />See Exempt payee code, lalet, and the separate lnstructlons {or the
<br />Requester of Form W-9 for more information.
<br />Also see Special rules for partnerships, eailier.
<br />What is FATCA Reporting?
<br />The Foreign Account Tax Compliance Act (FATCA) requires a
<br />participating foroign financial institution to report all United States
<br />accounl holders that are specified United States persons. Certain
<br />payees are exempt from FATCA reporting. See Exempllon from FATCA
<br />reporiing code, later, and ihe lnsttuctions for the Requester of Form
<br />W-9 for more information.
<br />Updating Your lnformation
<br />You must provide updated information to any person to whom you
<br />claimed to be an exempl payee if you are no longer an exempt payee
<br />and anticipate receiving reportable payments in the fuiure fromihis
<br />person. For example, you may need to provide updated information il
<br />you arc a C corporation that elects to be an S corporation, or if you no
<br />longer are tax exempt. ln addition, you must furnish a new Form W-g if
<br />the name or TIN changes for the account; ior example, if the grantor of a
<br />grantor trust dies.
<br />Penalties
<br />Failure to furnish TlN. lf you fail to furnish your correci TIN to a
<br />requester, you are subject lo a penalty oJ $50 for each such failure
<br />unless your failure is due 1o reasonable cause and not to willful neglect.
<br />Civil penalty for false information with respect to withholding. lf you
<br />make a false slat€m€nt with no reasonable basis that results in no -
<br />backup withholding, you are subject to a $500 penalty.
|