Laserfiche WebLink
Farm W-9 (Rev, <br />Note. If you are a U.S. parson and a requester gives you a form other than Form <br />W-9 to request your TIN, you must use the requester's form If it Is substantially <br />similar to this Farm W-9. <br />Definition of a U.S. person. For federal tax purposes, you are considered a U.S. <br />person If you am: <br />• An individual who Is a U.S. citizen or U.S. resident alien; <br />• A partnership, corporation, company, or association created or organized In the <br />United States or under the laws of the United States; <br />• An estate (other than a foreign estate); or <br />• Adomestic trust (as defined in Regulations section 301.7701-7). <br />Special rules far partnerships. Partnerships that conduct a trade or business In <br />the United States are generally required to pay a withholding tax under section <br />1446 an any foreign partners' share of effectively connected taxable Income from <br />such business. Further, in certain cases where a Fool) W-8 has net been received, <br />the rules under section 1446 require a partnership to Fractions that a partner la a <br />foreign person, and pay the section 1443 withholding tax. Therefore, if you are a <br />U.S. parson 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 U.S. status <br />and avoid section 1446 wRhhelding on your share of partnership income. <br />In the cases below, the fallowing person must give Form W-9 to the partnership <br />for purposes of mlabllshing Its U.S. status and avoiding withholding on its <br />plausible shere of net income from the partnership conducting a trade or business <br />In the United States: <br />• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the <br />disregarded entity and not the entity; <br />• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, <br />the U.S. grantor or other U.S. owner of the grantor It and not the trust; and <br />• In the case of a U.S. trust (other than a grantor trust), the US. frust (other than a <br />grantor trust) and hot the beneficiaries of the trust. <br />Foreign person. If you are a foreign pemon or the U.S, branch of a foreign bank <br />that has elected to be treated as a U.S. person, do not use Farm W-9. Instead, use <br />the appropriate Form W-8 or Form 3233 (see Publication 515, Withholding of Tax <br />on Nonresident Aliens and Foreign Entities). <br />Nonresident alien who becomes a resident alien. Generally, only a nonresident <br />alien individual may use the terms of a tax treaty to reduce or eliminate U.S, tax on <br />certain types of Income. However, most tax treaties contain a provision known as <br />a "saving clause." Exceptions specified in the saving clause may permit an <br />exemption from tax 10 continue for certain types of Income even ater the payee <br />has otherwise become a U.S. resident alien for tax purposes. <br />If you are a U.S. resident alien who is relying on an exception contained in the <br />saving clause of a lax treaty to claim an exemption from U.S. tax on certain types <br />of Income, you must attach a Statement to Form W-9 that specifies the following <br />five Items: <br />1. The treaty country. Generally, this must be the same treaty under which you <br />claimed exemption from tax as a nonresident alien. <br />2. The treaty article addressing the Income. <br />3. The edlele number (or location) In the tax treaty that contains the saving <br />clause and Its exceptions. <br />4. The type and amount of Income that qualities for the exemption from tax. <br />5. Sufficient facts to justify the exemption from tax under the terms of the treaty <br />article. <br />Example. Article 20 of the LLS. -China Income tax treaty allows an exemption <br />from tax for scholarship Income received by a Chinese student temporarily present <br />in the United States, Under U.S. law, this student will become a resident alien for <br />tax purpo see If his or her stay In the United States exceeds 5 calendar years. <br />However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, <br />1934) allows the provisions of Allots 20 to continue to apply even after the <br />Chinese student becomes a resident alien of the Unlled Slates. A Chinese student <br />who qualities for this exception (under paragraph 2 of the first protocol) and is <br />relying an this exception to claim an exemption from tax on his or her scholarship <br />or fellowship income would attach to Form W-9 a statement that Includes the <br />Information described above to support that exemption. <br />If you are a femossident alien or a foreign entity, give the requester the <br />appropriate completed Form W-8 or Form 8233, <br />Backup Withholding <br />What is backup withholding? Persons making certain payments to you must <br />under cedain conditions withheld and pay to the IRS 281/a of such payment¢. This <br />is called "backup withholding." Payments that may be subject to backup <br />withholding Include Interest, lax -exempt Interest, dividends, broker and barter <br />exchange transactions, rents, royallles, nonemployee pay, payments made In <br />settlement of payment card and third party network transactions, and certain <br />payments from fishing beat operators. Real estate transactions at not subject to <br />backup withholding. <br />You will net be subject to backup withholding on payments you receive If you <br />give the requester your correct TIN, make the proper certifications, and report all <br />your taxable Interest and dividends on your tax return. <br />Payments you receive will be subject to backup withholding if: <br />1. You do not furnish your TIN to the requester, <br />2. You do not certify your TIN when required (see the Pad Il Instructions on page <br />3 for details), <br />Page 2 <br />3. The IRS tells the requester that you furnished an Incorrect TIN, <br />4, The IRS tells you that you are subject to backup withholding because you did <br />not report all your interest and dividends an your lax return (for reparable Interent <br />and dividends only), or <br />5. You do not certify to the requester that you are not subject to backup <br />withholding under 4 above (for reportable Interest and dividend accounts opened <br />star 1983 only-). <br />Certain payees and payments are exempt from backup withholding. Sea Exempt <br />payee code on page 3 and the separate Instructions for the Requester of Form <br />W-9 for more information. <br />Also see Special rules for partnerships above. <br />What is FATCA reporting? <br />The Foreign Account Tax Compliance Act (FATCA) requires a parllcipatng foreign <br />thermal Institution to report all United States account holders that are specified <br />United States persons. Certain payees are exempt from FATCA reporting. See <br />Exemption from FATCA reporting code on page 3 and the Instructions for the <br />Requester of Form W-9 for more Information. <br />Updating Your Information <br />You must provide updated Information to any person to whom you claimed to be <br />an exempt payee If you are no longer an exempt payee and anticipate receiving <br />reportable payments in the future from this parson. For example, you may need to <br />provide updated information If you are a C corporation that elscts to be an 5 <br />corporation, or Ifyou no longer are tax exempt. In addition, you must furnish a new <br />Form W-0 If the name or TIN changes for the account; for example, It the grantor <br />of a grantor trust dies. <br />Penalties <br />Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are <br />subject to a penalty of $50 for each such failure unless your failure is due to <br />reasonable cause and not to willful neglact. <br />Civil penalty for false Information with respect to withholding. If you make a <br />false statement with no reasonable basis that results In no backup withholding, <br />you are subject to a $500 penalty. <br />Criminal penalty for falsifying Information. Willfully falsifying certifications or <br />off iterations may subject you to criminal penalties Including lines and/or <br />imprisonment. <br />Mimme of TINS. If the requester discloses or uses TlNs in violation of federal law, <br />the requester may be subject to clvll and criminal penalties. <br />Specific Instructions <br />Line 1 <br />You must enter one of the fallowing on this line; do not leave this line blank. The <br />name should match the name on your tax return. <br />If this Form W-9 is for a joint account, list first, and than circle, the name of the <br />person or entity whose number you entered In Pen I of Form W-9, <br />a. Individual. Generally, enter the name shown on your tax return. If you have <br />changed your last name without informing the Social Security Administration (SSA) <br />of tha name change, anter your first name, the last name as shown on your social <br />security card, and your new Iasi name. <br />Note. In applicant. Enter your Individual name as It was entered on your Form <br />W-7 application, line 1a. This should also be the same as the name you entered on <br />the Form 1040/104OA/1040EZ you filed with your application. <br />R. Sole proprietor or single -member LLC. Enter your individual name as <br />shown on your 104011040AII 040EZ on line 1. You may enter your business, trade, <br />or "doing business as" (DBA) name on line 2. <br />a, Partnership, LLC that is not a single -member LLC, C Corporation, or S <br />Corporation. Enter the entity's name as shown on the entity's tax return on line 1 <br />and any business, trade, or DBA name on line 2. <br />d. Other entitles. Enter your name as shown on required U.S. federal tax <br />documents on line 1. This name should match the name shown on the charter or <br />other legal document creating the entity. You may enter any business, trade, or <br />DBA name on line 2. <br />e. Disregarded entity. For U.S. federal tax purposes, an entity that Is <br />disregarded as an entity separate from Its owner is treated as a "disregarded <br />entity," Sea Regulations section 301.7701-2(c)(2)(10). Enter the owner's name on <br />line 1. The name of the entity entered on line 1 should never be a disregarded <br />entity. The name on line 1 should be the name shown on the Income lax return on <br />which the Income should be reported. For example, if a foreign LLC that is treated <br />as a disregarded entity for U.S. federal tax purposes has a single owner that is a <br />U.S. person, the U.S, owner's name Is required to be provided on line 1. If the <br />direct owner of the entity is also a disregarded entity, enter the first owner that Is <br />not disregarded for federal tax purposes. Enter the disregarded entity's name on <br />line 2, "Business nameldisregarded entity name." if the owner of the disregarded <br />entity is a foreign person, the owner must complete an appropriate Form W-8 <br />Instead of a Form W-9, This Is the case even If the foreign person has a U.S. TIN. <br />75J-53 <br />