| Instructions for Form W-8IMY |
2006 Tax Year |
This is archived information that pertains only to the 2006 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
Line 1.
Enter your name. By doing so, you are representing to the payer or withholding agent that you are not the beneficial
owner of the amounts that will
be paid to you.
Line 2.
If you are a corporation, enter the country of incorporation. If you are another type of entity, enter the country
under whose laws you are
created, organized, or governed. If you are an individual, enter “ N/A” (for “ not applicable”).
Line 3.
Check the one box that applies. If you are a foreign partnership receiving the payment on behalf of your partners,
check the “ Withholding foreign
partnership” box or the “ Nonwithholding foreign partnership” box, whichever is appropriate. If you are a foreign simple trust or foreign
grantor trust receiving the payment on behalf of your beneficiaries or owners, check the “ Withholding foreign trust” box, the “ Nonwithholding
foreign simple trust” box, or the “ Nonwithholding foreign grantor trust” box, whichever is appropriate. If you are a foreign partnership (or a
foreign trust) receiving a payment on behalf of persons other than your partners (or beneficiaries or owners), check the “ Qualified intermediary”
box or the “ Nonqualified intermediary” box, whichever is appropriate. A reverse hybrid entity that is providing documentation from its interest
holders to claim a reduced rate of withholding under a treaty should check the “ Nonqualified intermediary” box unless it has entered into a
qualified intermediary agreement with the IRS. See Parts II Through VI below if you are acting in more than one capacity. A partnership or
grantor trust submitting Form W-8IMY solely because it is allocated income effectively connected with a U.S. trade or business
as a partner in a
partnership should check the box for nonwithholding foreign partnership or nonwithholding foreign grantor trust and, if it
is submitting or will
submit documentation for its partners or owners, it should complete Part VI. A withholding foreign partnership or a grantor
trust that is a
withholding foreign trust should submit a separate Form W-8IMY if it is allocated income that is effectively connected with
a U.S. trade or business
as a partner in a partnership and should check the box for nonwithholding foreign partnership or nonwithholding foreign grantor
trust and, if it is
submitting or will submit documentation for its partners or owners, it should complete Part VI.
Form W-8IMY may be submitted and accepted to satisfy documentation requirements for purposes of withholding on certain partnership
allocations to
foreign partners under section 1446. Section 1446 generally requires withholding when a partnership is conducting a trade
or business in the United
States and allocates income effectively connected with that trade or business (ECI) to foreign persons that are partners in
the partnership. Section
1446 can also apply when certain income is treated as effectively connected income of the partnership and is so allocated.
An upper-tier partnership that is allocated ECI as a partner in a partnership may, in certain circumstances, have
the lower-tier partnership
perform its withholding obligation. Generally, this is accomplished by the upper-tier partnership submitting withholding certificates
of its partners
(for example, Form W-8BEN ) along with a Form W-8IMY, which identifies itself as a partnership, and identifying the manner
in which ECI of the
upper-tier partnership will be allocated to the partners. For further information, see Regulations section 1.1446-5. A foreign
grantor trust
that is allocated ECI as a partner in a partnership should provide the withholding certificates of its grantor (for example,
Form W-8BEN ) along with
its Form W-8IMY which identifies the trust as a foreign grantor trust. See Regulations section 1.1446-1(c)(ii)(E) for the
rules requiring it to
provide additional documentation to the partnership.
Line 4.
Your permanent residence address is the address in the country where you claim to be a resident. Do not show the address
of a financial
institution, a post office box, or an address used solely for mailing purposes. If you do not have a tax residence in any
country, the permanent
residence address is where you maintain your principal office or, if you are an individual, where you normally reside.
Line 5.
Enter your mailing address only if it is different from the address you show on line 4.
Line 6.
You must provide an employer identification number (EIN) if you are a U.S. branch of a foreign bank or insurance company,
an upper-tier partnership
that is allocated ECI as a partner in a partnership, or a foreign grantor trust that is allocated ECI as a partner.
If you are acting as a qualified intermediary, withholding foreign partnership, or withholding foreign trust, check
the QI-EIN box and enter the
EIN that was issued to you in such capacity (your “ QI-EIN,” “ WP-EIN,” or “ WT-EIN”). If you are not acting in that capacity, you must
use your U.S. taxpayer identification number (TIN), if any, that is not your QI-EIN, WP-EIN, or WT-EIN.
A nonqualified intermediary, a nonwithholding foreign partnership, or a nonwithholding foreign simple or grantor trust
is generally not required to
provide a U.S. TIN. However, a nonwithholding foreign grantor trust with five or fewer grantors is required to provide an
EIN.
Line 7.
If your country of residence for tax purposes has issued you a tax identifying number, enter it here.
Line 8.
This line may be used by the filer of Form W-8IMY or by the withholding agent to whom it is provided to include any
referencing information that is
useful to the withholding agent in carrying out its obligations. For example, a withholding agent who is required to associate
a particular Form
W-8BEN with this Form W-8IMY may want to use
line 8 for a referencing number or code that will make the association clear.
You should complete only one part. If you are acting in multiple capacities, you must provide separate Forms W-8IMY for each
capacity. For example,
if you are acting as a qualified intermediary for one account, but a nonqualified intermediary for another account, you must
provide one Form W-8IMY
in your capacity as a qualified intermediary, and a separate Form W-8IMY in your capacity as a nonqualified intermediary.
Part II — Qualified Intermediary
Check box 9a if you are a qualified intermediary (QI) (whether or not you assume primary withholding responsibility) for the
income for which you
are providing this form. By checking the box, you are certifying to all of the statements contained on line 9a.
Check box 9b only if you have assumed primary withholding responsibility under Chapter 3 of the Code (nonresident alien withholding)
with respect
to the accounts identified on this line or in a withholding statement associated with this form.
Check box 9c only if you have assumed primary Form 1099 reporting and backup withholding responsibility as authorized in a
withholding agreement
with the IRS with respect to the accounts identified on this line or in a withholding statement associated with this form.
Although a QI obtains withholding certificates or appropriate documentation from beneficial owners, payees, and, if applicable,
shareholders, as
specified in your withholding agreement with the IRS, a QI does not need to attach the certificates or documentation to this
form. However, to the
extent you have not assumed primary Form 1099 reporting or backup withholding responsibility, you must disclose the names
of those U.S. persons for
whom you receive reportable amounts and that are not exempt recipients (as defined in Regulations section 1.6049-4(c)(1)(ii)
or under section 6041,
6042, 6045, or 6050N). You should make this disclosure by attaching to Form W-8IMY the Forms W-9 (or substitute forms) of
persons that are not exempt
recipients. If you do not have a Form W-9 for a non-exempt U.S. payee, you must attach to Form W-8IMY any information you
do have regarding that
person's name, address, and TIN.
Withholding statement of a QI.
As a QI, you must provide a withholding statement to each withholding agent from which you receive reportable amounts.
The withholding statement
becomes an integral part of the Form W-8IMY and, therefore, the certification statement that you sign in Part VII of the form
applies to the
withholding statement as well as to the form. The withholding statement must:
-
Designate those accounts for which you act as a QI,
-
Designate those accounts for which you assumed primary withholding responsibility under Chapter 3 of the Code and/or primary
Form 1099
reporting and backup withholding responsibility, and
-
Provide information regarding withholding rate pools.
A withholding rate pool is a payment of a single type of income, based on the categories of income reported on Form
1042-S or Form 1099 (for
example, interest or dividends), that is subject to a single rate of withholding. The withholding rate pool may be established
by any reasonable
method agreed upon by you and the withholding agent. For example, you may agree to establish a separate account for a single
withholding rate pool or
you may agree to divide a payment made to a single account into portions allocable to each withholding rate pool. You must
provide the withholding
rate pool information that is required for the withholding agent to meet its withholding and reporting obligations. A withholding
agent may request
any information reasonably necessary to withhold and report payments correctly.
If you do not assume primary Form 1099 reporting and backup withholding responsibility, you must establish a separate
withholding rate pool for
each U.S. non-exempt recipient account holder disclosed to the withholding agent unless the alternative procedure is used
(see below). The withholding
rate pools are based on valid documentation that you obtain under your withholding agreement with the IRS or, if a payment
cannot be reliably
associated with valid documentation, under the applicable presumption rules.
Alternative procedure for U.S. non-exempt recipients.
If permitted by the QI withholding agreement with the IRS and if approved by the withholding agent, you may establish:
-
A single withholding rate pool (not subject to backup withholding) for all U.S. non-exempt recipient account holders for whom
you have
provided Forms W-9 prior to the withholding agent making any payments. Alternatively, you may include such U.S. non-exempt
recipients in a zero rate
withholding pool that includes U.S. exempt recipients and foreign persons exempt from non-resident alien withholding provided
all the conditions of
the alternative procedure are met, and
-
A separate withholding rate pool (subject to backup withholding) for all U.S. non-exempt recipient account holders for whom
you have not
provided Forms W-9 prior to the withholding agent making any payments.
If you elect the alternative procedure, you must provide the information required by your QI withholding agreement
to the withholding agent not
later than January 15 of the year following the year in which the payments are paid. Failure to provide this information may
result in penalties under
sections 6721 and 6722 and termination of your withholding agreement with the IRS.
Updating the statement.
The statement by which you identify the relevant withholding rate pools must be updated as often as is necessary to
allow the withholding agent to
withhold at the appropriate rate on each payment and to correctly report the income to the IRS. The updated information becomes
an integral part of
Form W-8IMY.
Part III — Nonqualified Intermediary
If you are providing Form W-8IMY as a nonqualified intermediary (NQI), you must check box 10a. By checking this box, you are
certifying to all of
the statements on line 10a. Check box 10b if you are using this form to transmit withholding certificates or other documentation.
If you are acting on behalf of another NQI or on behalf of a foreign partnership or foreign trust that is not a withholding
foreign partnership or
a withholding foreign trust, you must attach to your Form W-8IMY the Form W-8IMY of the other NQI or the foreign partnership
or the foreign trust
together with the withholding certificates and other documentation attached to that Form W-8IMY.
Withholding statement of an NQI.
In addition to valid documentation of its customers, an NQI must provide a withholding statement to obtain reduced
rates of withholding for its
customers and to avoid certain reporting responsibilities. The withholding statement must be provided prior to a payment and
becomes an integral part
of the Form W-8IMY and, therefore, the certification statement that you sign in Part VII of the form applies to the withholding
statement as well as
to the form. The withholding statement must:
-
Contain the name, address, U.S. TIN (if any), and the type of documentation (documentary evidence, Form W-9, or type of Form
W-8) for every
person for whom documentation has been received and must state whether that person is a U.S. exempt recipient, a U.S. non-exempt
recipient, or a
foreign person. The statement must indicate whether a foreign person is a beneficial owner or an intermediary, flow-through
entity, or U.S. branch and
the type of recipient, based on the recipient codes reported on Form 1042-S.
-
Allocate each payment by income type to every payee for whom documentation has been provided. The type of income is based
on the income
codes reported on Form 1042-S (or, if applicable, the income categories for Form 1099). If a payee receives income through
another NQI, flow-through
entity, or U.S. branch, your withholding certificate must also state the name, address, and U.S. TIN, if known, of the other
NQI or U.S. branch from
which the payee directly receives the payment or the flow-through entity in which the payee has a direct ownership interest.
If another NQI,
flow-through entity, or U.S. branch fails to allocate a payment, you must provide, for that payment, the name of the NQI,
flow-through entity, or U.S.
branch that failed to allocate the payment.
-
If a payee is identified as a foreign person, you must specify the rate of withholding to which the payee is subject, the
payee's country of
residence and, if a reduced rate of withholding is claimed, the basis for that reduced rate (for example, treaty benefit,
portfolio interest, exempt
under section 501(c)(3), 892, or 895). The statement must also include the U.S. TIN (if required) and, if the beneficial owner
is not an individual
and is claiming treaty benefits, state whether the limitation on benefits and section 894 statements have been provided by
the beneficial owner. You
must inform the withholding agent as to which payments those statements relate.
-
Contain any other information the withholding agent requests in order to fulfill its withholding and reporting obligations
under Chapter 3
of the Code and/or Form 1099 reporting and backup withholding responsibility.
Alternative procedure for NQIs.
Under this procedure, you may provide information allocating a payment of a reportable amount to each payee (including
U.S. exempt recipients)
after a payment is made. To use the alternative procedure you must inform the withholding agent on your withholding statement
that you are using the
procedure and the withholding agent must agree to the procedure.
This alternative procedure cannot be used for payments that are allocable to U.S. non-exempt recipients.
Under this procedure, you must provide a withholding agent with all the information required on the withholding statement
(see Withholding
statement of an NQI on this page) and all payee documentation, except the specific allocation information for each payee, prior to the payment
of a reportable amount. In addition, you must provide the withholding agent with withholding rate pool information. The withholding
statement must
assign each payee to a withholding rate pool prior to the payment of a reportable amount. A withholding rate pool is a payment
of a single type of
income, based on the income codes reported on Form 1042-S (for example, interest or dividends), that is subject to a single
rate of withholding. The
withholding rate pool may be established by any reasonable method agreed upon by you and the withholding agent. For example,
you may agree to
establish a separate account for a single withholding rate pool, or you may agree to divide a payment made to a single account
into portions allocable
to each withholding rate pool. You must determine withholding rate pools based on valid documentation or, to the extent a
payment cannot be reliably
associated with valid documentation, the applicable presumption rules.
You must provide the withholding agent with sufficient information to allocate the income in each withholding rate
pool to each payee (including
U.S. exempt recipients) within the pool no later than January 31 of the year following the year of payment. If you fail to
provide allocation
information, if required, by January 31 for any withholding rate pool, you may not use this procedure for any payment made
after that date for all
withholding rate pools. You may remedy your failure to provide allocation information by providing the information to the
withholding agent no later
than February 14. See Regulations section 1.1441-1.
Part IV — Certain United States Branches
Check the box to certify that you are either:
-
A U.S. branch of a foreign bank subject to regulatory supervision by the Federal Reserve Board or
-
A U.S. branch of a foreign insurance company required to file an annual statement on a form approved by the National Association
of
Insurance Commissioners with the insurance department of a state, a territory, or the District of Columbia.
By checking the box you are also certifying that the income you are receiving is not effectively connected with the conduct
of your trade or
business in the United States. You must provide your EIN on line 6 of Part I.
If you are one of the types of U.S. branches specified in the instructions for line 11 above, then you may choose to be treated
in one of two ways:
-
Check box 12 if you have an agreement with the withholding agent to which you are providing this form to be treated as a U.S.
person. In
this case, you will be treated as a U.S. person. Therefore, you will receive the payment free of Chapter 3 withholding but
you will yourself be
responsible for Chapter 3 withholding and backup withholding for any payments you make or credit to the account of persons
for whom you are receiving
the payment.
-
Check box 13 if you do not have an agreement with the withholding agent to be treated as a U.S. person.
Withholding statement of a U.S. branch not treated as a U.S. person.
If you checked box 13, you must provide the withholding agent with a written withholding statement. The withholding
statement becomes an integral
part of the Form W-8IMY. The withholding statement must provide the same information outlined under Withholding statement of an NQI on page
5.
Part V — Withholding Foreign Partnership or Withholding Foreign Trust
Check box 14 if you are a withholding foreign partnership or a withholding foreign trust for the accounts for which you are
providing this form and
you are receiving the income from those accounts on behalf of your partners, beneficiaries, or owners. If you are not receiving
the income on behalf
of your partners, beneficiaries, or owners, do not complete Part V. Instead, complete Part II or Part III, whichever is appropriate.
If you are a
withholding foreign partnership or trust that is acting as a nonwithholding foreign partnership or trust for certain partners,
beneficiaries, or
owners, you must complete Part VI with respect to those partners, beneficiaries, or owners.
If you are acting as a withholding foreign partnership or withholding foreign trust, you must assume primary withholding responsibility
for all
payments that are made to you for your partners, beneficiaries, or owners for which you are required to act as a withholding
foreign partnership or
trust. Therefore, you are not required to provide information to the withholding agent regarding each partner's, beneficiary's,
or owner's
distributive share of the payment. If you are also receiving payments from the same withholding agent for persons other than
your partners,
beneficiaries, or owners, you must provide a separate Form W-8IMY for those payments.
Part VI — Nonwithholding Foreign Partnership, Simple Trust, or Grantor Trust
Check box 15 if you are a foreign partnership or a foreign simple or grantor trust that is not a withholding foreign partnership
or a withholding
foreign trust. Additionally, check box 15 if you are a withholding foreign partnership or trust acting as a nonwithholding
foreign partnership or
trust for certain partners, beneficiaries, or owners. By checking this box, you are certifying to both of the statements on
line 15.
Note.
If you are receiving income that is effectively connected with the conduct of a trade or business in the United States, provide
Form W-8ECI
(instead of Form W-8IMY).
If you are not receiving the income on behalf of your partners, beneficiaries, or owners, do not complete Part VI. Instead,
complete Part II or
Part III, whichever is appropriate.
If you are acting on behalf of an NQI or another foreign partnership or foreign trust that is not a withholding foreign partnership
or a
withholding foreign trust, you must associate with your Form W-8IMY the Form W-8IMY of the other foreign partnership or foreign
trust together with
the withholding certificates and other documentation attached to that other form.
Withholding statement of nonwithholding foreign partnership or nonwithholding foreign trust.
You must provide the withholding agent with a written withholding statement to obtain reduced rates of withholding
and relief from certain
reporting obligations. The withholding statement becomes an integral part of the Form W-8IMY. The withholding statement must
provide the same
information outlined under Withholding statement of an NQI on page 5.
Certain smaller and related partnerships and trusts.
If you are a foreign partnership or foreign simple or grantor trust to which a QI is applying the rules of Section
4A.01 of the QI agreement, or to
which a WP or WT is applying the rules of Section 10.01 of the WP or WT agreement (relating to certain smaller partnerships
and trusts), you must
provide the QI, WP, or WT with a Form W-8IMY; a Form W-8 from each of your partners, beneficiaries, or owners; and a withholding
statement. The
withholding statement must provide the same information outlined under Withholding statement of an NQI on page 5, except that it does not
need any allocation information.
If you are a foreign partnership or foreign simple or grantor trust to which a QI is applying the rules of Section
4A.02 of the QI agreement, or to
which a WP or WT is applying the rules of Section 10.02 of the WP or WT agreement (relating to certain related partnerships
and trusts), you must
provide the QI, WP, or WT with a Form W-8IMY and a withholding statement. The withholding statement must provide the same
information outlined under
Withholding statement of an NQI on page 5 except that it may include pooled basis information regarding direct partners, beneficiaries, or
owners that are not intermediaries, flow-through entities, or U.S. non-exempt recipients.
See Rev. Proc. 2003-64 for rules regarding certain smaller and related partnerships or trusts. You can find Rev. Proc.
2003-64 on page 306 of
Internal Revenue Bulletin (IRB) 2003-32 at
www.irs.gov/pub/irs-irbs/irb03-32.pdf. Also see Rev. Proc. 2004-21 (IRB 2004-14).
Form W-8IMY must be signed and dated by a person authorized to sign a declaration under penalties of perjury on behalf of
the person whose name is
on the form.
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