By signing
the filled-out
form,
you:
1. Certify
that the
TIN you are
giving
is correct (or you are
waiting for a
number
to
be
issued),
2. Certify
that
you are
not
subject
to
backup
withholding, or
3. Claim exemption
from
backup
withholding if
you are a U.S.
exempt
payee.
If
applicable, you are also certifying
that
as a U.S.
person,
your
allocable
share
of
any partnership income
from
a U.S.
trade
or
business is
not
subject
to the withholding
tax
on
foreign partners' share
of effectively
connected income,
and
4. Certify
that
FATCA code(s)
entered
on
this
form (if
any)
indicating that
you are exempt
from the
FATCA
reporting,
is correct. See What is FATCA
reporting, later,
for further information.
Note:
If
you are a U.S.
person and a requester gives you a
form other than
Form W-9
to
request your TIN, you must use
the
requester’s
form if it is
substantially similar
to
this Form
W-9.
Definition
of a
U.S. person.
For federal tax purposes, you are considered
a
U.S.
person
if
you
are:
• An
individual who
is a U.S.
citizen
or
U.S.
resident
alien;
• A partnership, corporation, company,
or
association created
or
organized
in
the
United States
or
under
the
laws
of the
United
States;
• An estate (other
than
a foreign estate);
or
• A domestic
trust
(as
defined
in
Regulations section
301.7701-7).
Special rules for partnerships.
Partnerships
that
conduct a trade
or business
in the
United States are generally required
to
pay a
withholding
tax
under
section 1446
on
any foreign partners’ share
of
effectively connected
taxable
income
from
such business. Further,
in
certain cases where a Form W-9
has
not
been received,
the
rules under section 1446 require a partnership
to
presume
that
a partner is a foreign person, and pay
the
section
1446
withholding
tax. Therefore,
if
you are a U.S.
person
that
is a partner
in a
partnership conducting a trade
or
business
in the
United States, provide
Form
W-9
to the
partnership
to
establish your
U.S.
status and avoid section
1446
withholding on
your share
of
partnership
income.
In the
cases below,
the following
person must give Form W-9
to the
partnership
for
purposes
of
establishing
its
U.S. status and
avoiding
withholding on its
allocable share
of net
income
from the partnership
conducting a trade
or
business
in the
United
States.
•
In the
case
of
a disregarded
entity with
a U.S.
owner,
the
U.S.
owner
of the
disregarded
entity
and
not the entity;
•
In the
case
of
a grantor
trust with
a U.S.
grantor
or other
U.S.
owner,
generally,
the
U.S.
grantor
or other
U.S.
owner
of the
grantor
trust
and
not the
trust;
and
•
In the
case
of
a U.S.
trust
(other
than
a grantor trust),
the
U.S.
trust (other
than
a grantor trust) and
not the
beneficiaries
of the trust.
Foreign person.
If
you are a foreign person
or the
U.S.
branch
of
a
foreign
bank
that
has elected
to
be treated
as a U.S.
person,
do not
use Form
W-9.
Instead, use
the
appropriate Form W-8
or
Form 8233 (see Pub.
515,
Withholding
of
Tax
on
Nonresident Aliens and Foreign
Entities).
Nonresident alien who becomes
a
resident alien.
Generally,
only a
nonresident alien
individual
may use
the
terms
of
a tax treaty
to
reduce
or
eliminate
U.S. tax
on
certain types
of
income. However, most tax
treaties
contain a provision
known
as a “saving clause.” Exceptions specified
in the
saving clause may
permit
an exemption
from
tax
to
continue
for
certain
types
of
income even after
the
payee has otherwise become
a U.S.
resident alien
for
tax
purposes.
If
you are a U.S.
resident alien
who
is relying
on
an exception contained
in
the
saving clause
of
a tax treaty
to
claim an exemption
from
U.S. tax
on
certain types
of
income, you must attach a statement
to
Form W-9
that
specifies
the following
five
items.
1. The treaty country. Generally, this must be
the
same treaty under
which
you claimed exemption
from
tax as a
nonresident
alien.
2. The treaty article addressing
the income.
3. The article number (or location)
in the
tax treaty
that
contains
the saving
clause and
its exceptions.
4. The
type
and
amount of
income
that
qualifies
for the
exemption
from
tax.
5. Sufficient facts
to
justify
the
exemption
from
tax under
the
terms
of the
treaty
article.
Example.
Article 20
of the
U.S.-China income tax treaty allows an
exemption
from
tax
for
scholarship income received
by
a Chinese student
temporarily
present
in the
United States. Under
U.S.
law, this student
will
become
a
resident alien
for
tax purposes
if
his
or
her stay
in the
United States exceeds
5
calendar years. However, paragraph 2
of the first
Protocol
to the U.S.-China
treaty (dated
April
30, 1984) allows
the
provisions
of
Article 20
to
continue
to
apply even after
the
Chinese student becomes a resident alien
of the United
States. A Chinese student
who
qualifies
for
this exception (under paragraph
2
of the first
protocol) and is relying
on
this exception
to
claim an
exemption
from
tax
on
his
or
her scholarship
or
fellowship income
would
attach
to Form
W-9 a statement
that
includes
the
information described above
to
support
that
exemption.
If
you are a nonresident alien
or
a foreign entity, give
the
requester
the
appropriate completed Form W-8
or
Form
8233.
Backup
Withholding
What is backup withholding?
Persons making certain payments
to
you
must
under certain conditions
withhold
and pay
to the
IRS 28%
of
such
payments.
This is called “backup
withholding.”
Payments
that
may be subject
to backup
withholding
include interest, tax-exempt interest, dividends, broker
and
barter exchange transactions, rents, royalties, nonemployee pay,
payments
made
in
settlement
of
payment card and
third
party
network transactions,
and certain payments
from
fishing
boat
operators. Real estate
transactions
are
not
subject
to
backup
withholding.
You
will not
be subject
to
backup
withholding on
payments you receive
if
you give
the
requester your correct
TIN, make
the
proper certifications,
and
report
all your taxable interest and dividends
on
your tax
return.
Payments you receive
will
be subject
to
backup withholding
if:
1. You
do not
furnish your TIN
to the requester,
2. You
do not
certify your TIN when required (see
the
instructions
for
Part
II
for details),
3. The IRS tells
the
requester
that
you furnished an incorrect
TIN,
4. The IRS tells you
that
you are subject
to
backup
withholding
because
you
did not report
all your interest and dividends
on
your tax
return (for
reportable interest and dividends only),
or
5. You
do not
certify
to the
requester
that
you are
not
subject
to backup
withholding
under 4 above (for reportable interest and
dividend accounts
opened after 1983
only).
Certain payees and payments are exempt
from
backup
withholding. See
Exempt payee code, later, and
the
separate Instructions
for the
Requester
of
Form W-9
for
more
information.
Also see Special rules for partnerships,
earlier.
What is FATCA
Reporting?
The Foreign Account Tax Compliance Act
(FATCA) requires a
participating
foreign financial
institution to report
all United States account holders
that
are specified United States persons. Certain payees are exempt
from
FATCA
reporting.
See Exemption from
FATCA
reporting code, later, and
the Instructions
for the
Requester
of
Form W-9
for
more
information.
Updating Your
Information
You must provide updated information
to
any person
to whom
you
claimed
to
be an exempt payee
if
you are
no
longer an exempt payee and
anticipate
receiving reportable payments
in the future from
this person. For
example,
you may need
to
provide updated information
if
you are a C
corporation
that
elects
to
be an S
corporation,
or if
you
no
longer are tax exempt.
In addition,
you must furnish a new Form W-9
if the
name
or
TIN changes
for the account;
for
example,
if the
grantor
of
a grantor
trust dies.
Penalties
Failure
to
furnish TIN.
If
you
fail to
furnish your correct TIN
to
a
requester,
you are subject
to
a penalty
of
$50
for
each such failure unless your failure
is
due
to
reasonable cause and
not to willful neglect.
Civil penalty for false information
with
respect
to
withholding.
If you
make a false statement
with no
reasonable basis
that
results
in no backup
withholding,
you are subject
to
a $500
penalty.
