|
Farm W-9 (Ras. 12-2014)
<br />Note. If you are a U.S. person and a requester gives you a form other than Form
<br />W-8 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 are;
<br />• An Individual who is a U.S, citizen or U.S. resident ellen;
<br />• A partnership, corporation, company, or association created or organized In the
<br />United States or under the laws of the United Stales;
<br />• An estate (other than a forelgn estate); or
<br />• A domestic trust (as datlned In Regulations section 301.7101-7).
<br />Spacial rules for perinereh(ps. Partnerships that conduct a trade or business in
<br />the United State. are generally required 10 pay a withholding tax under section
<br />1446 on any foreign partners' share of effectively connected taxable Income from
<br />such business. Further, in certain cases where a Form W-9 has not been received,
<br />the rules under section 1446 require a partnership to presume that a padnelis a
<br />foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
<br />U.S, person that Is a partner in a partnershtp 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 withholding en your share of partnership Income.
<br />In the cases below, the following person must give Form W-9 to the partnership
<br />for purposes of establishing Its U.S. status and avoiding withholding on its
<br />allocable share of net Income from the partnership conducting atrade 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 granter trust and not the trust; and
<br />• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a
<br />grantor trust) and not the beneficiaries of the trust.
<br />Foreign person, If you are aforeign person or the U.S. branch o1 a foreign bank
<br />that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use
<br />the appropriate Form W-3 or Form 0233 (sea publication 5151 Withholding of Tax
<br />on Nonresident Aliens and Foreign Entitles).
<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 to continue for certain types Of Income even after the payee
<br />has otherwise became 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 tax treaty to claim an exemption from U.S, lax on certain types
<br />of Income, you most attach a statement to Form W-9 that specifies the following
<br />five Items:
<br />L The treaty country. Generally, this must be the same treaty under which you
<br />'clowned exemption from tax as a nonresident alien.
<br />2. The treaty article addressing the income.
<br />3. The article 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 qualifies for the exemption farm tax.
<br />5. Sufficient facts to justify the exemption from tax under the terms of the treaty
<br />article.
<br />Example. At dole 20 of the U.S.-China Income tax treaty allows an exemption
<br />from tax far 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 purposes 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: Ghina treaty (dated April 30,
<br />1984) allows the provisions of Article 20 to continue to apply even after the
<br />Chinese student becomes a resident alien of the United Steles. A Chinese student
<br />who qualifies 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 bar 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 nonresident alien ora foreign entity, give the requester the
<br />appropriate completed Form W-8 or Form 8233.
<br />Backup Withholding
<br />What In backup withholding? Persons making certain payments to you must
<br />under certain conditions withheld and pay to the IRS 28% at such payments. This
<br />Is called "backup withholding." Payments that may be subject to backup
<br />withholding Include Interest, tax-exempt Interest, dividends, broker and barter
<br />exchange transactions, rents, royalties, nonemployee pay, payments made In
<br />settlement of payment card and third party network transactions, and cerialn
<br />payments from fishing boat operators. Real estate transactions are not subject to
<br />backup withholding.
<br />You will not 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 rh
<br />1. You do not furnish your TIN to the requester,
<br />2. You do not certify your TIN when required (sec the Part II instructions on page
<br />3 for details),
<br />Pago 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 on your tax return (for reportable Interest
<br />and dividends only), or
<br />S. You do not certify to the requester that you are not subject W backup
<br />withholding under above (for reportable Interest and dividend accounts opened
<br />after 1983 only).
<br />Certain payees and payments are exempt from backup withholding. See Exempt
<br />payee code on page 3 and the separate Instructions for the Requester of Farm
<br />W-9 for more Information.
<br />Also see Special rules forpartnerships above.
<br />What is FATCA reporting?
<br />The Foreign Account Tax Compliance Act (FATCA) requires a particlpating foreign
<br />financial institution to report all United States account holders that are specified
<br />United States persons. Certain payees are exempt from FATCA reporting. See
<br />EXanifyi from FATCA Micart(ng code on page 3 and the Instructlons forthe
<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 elects to be an S
<br />corporation, or If you no longer are tax exempt. In addition, you must furnish a new
<br />Form W-9 If the name or TIN changes for the account; for example, If 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 neglect.
<br />Civil penalty for false information with respect to withholding. If you make a
<br />false statement with no reasonable bads 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 />affirmations may subject you to criminal penalties including fines evictor
<br />Impdaemment
<br />Misuse of TINs. If the requester discloses cruses TINS In violation of federal law,
<br />the requester may be subject to civil and criminal penalties.
<br />Specific Instructions
<br />Line 1
<br />You must enter one of the fallowing an this line; do not leave this line blank. The
<br />name should match the name on your tax return.
<br />If this Form W-0 Is for a joint account, list first, and then circle, the name of the
<br />person or entity whose number you entered In Pad 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 Administmtlon (SSA)
<br />of the name change, enter your first name, the last name as shown on your social
<br />security card, and your new last name.
<br />Note, ITIN 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 1040/1040A/l040 EZ you filed with your application.
<br />b. Sole proprietor or single -member LLC. Enter your individual name as
<br />shown on your 1040/1040A71040EZ on line 1. You may enter your business, trade,
<br />or"doing business as" (CDA) name on line 2.
<br />a Partnership, LLC that to 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 USA name online 2.
<br />d. Other entities. Enter your name as shown on required U.S. federal tax
<br />documents an 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 />CRA 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 ss a "di.regorded
<br />entity." Sea Regulations section 301.7701-2(cj(2)(iiq. Enter the owner's name on
<br />line 1. The name of the entity entered on lime 1 should never be a disregarded
<br />entity. The name on line'I should be the name shown on the Income tax 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 />client owner of the entity Is also a disregarded entity, enter the first owner that is
<br />not disappointed for federal tax purposes. Enter the disregarded entity's name on
<br />line 2, "Business name/disregarded entity name." If the Owner of the disregarded
<br />entliy Is a forelgn person, the owner most complete an appropriate Farm W-8
<br />Instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
<br />75N-50
<br />
|