EFTA01374176.pdf

Forth W-9 (Rev. 12-2014) Page 2 Note. II you are a U.S. person and a requester gives you a loom other than Form 3. The IRS tells the requester that you banished an incorrect TIN. W-9 to request yore TIN, you must use the requester's form if it is substantially 4. The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax retum (for reportable interest Definition of a US person. For federal tax purposes, you are considered a U.S. and dividends only), or person if you are: 5. You do not certify to the requester that you are not subject to backup • An individual who is a U.S. citizen or U.S. resident alien: withholding under 4 above (for reportable interest and dividend accounts opened • A partnership, corporation, company, or association created or organized in the after 1983 only). United States or under the laws of the United States: Certain payees and payments are exempt from backup withholding. See Exempt • An estate (other than a foreign estate): or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more rdometion. • A domestic trust (as defined in Regulations section 301.7701-7). Also see Special rules for partnerships above. 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 What is FATCA reporting? 1446 on any foreign partners' share of effective4y corrected taxable incomefrown such business. Further, in certain cases where a Form W.9 has not been reCeived, The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report SI United States account holders that are specified foreign person, and pay the section 1446 withholding tax. Therefore, if you are a United States persons. Certain payees are exempt from FATCA reporting. See U.S. person that is in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States. provide Form W-9 to the partnership to establish your U.S. status Requester of Form W-9 for more information. and avoid section 1446 withholding on you share of partnership income. In the cases belOw, the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S. status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person. For example, you may need to • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 lithe name or TIN changes for the account; for example, it the grantor • In the case of a grantor trust with a U.S. grantor or other VS. owner. generally. of a grantor trust des. 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 Penalties grantor trust) and not the beneficiaries of the trust. Failure to furnish TN. If you fail to furnish your correct TIN to a requester, you aro Foreign person. t you are a foreign person or the U.S. branch of a foreign bank subject to a penalty of $50 for each such failure unless your failure is due to that has elected to be treated as a U.S. person, do not use Form W-9. Instead. use reasonable cause and not to wilful neglect. the appropriate Form W-8 or Form 8233 (see Publication 515. Withholding of Tax ChM penalty for false kdonnation with respect to withholding. If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding. Nonresident alien who becomes a resident alien. Generally. only a nonresident you are subject to a 5500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on Criminal penalty for falsifying intemotion. Willfully falsifying certifications or certain types of income. However, most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a `savng clause." Exceptions specified in the saving clause may permit an imprisonment. exemption horn tax to continue for certain types of income even alter the payee has otherwise become a U.S. resident alien for tax purposes. Misuse of TINs. If the requester discloses or uses TiNs in violation of federal law. the requester may be subject to civil and cnmnal penalties. 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 Specific Instructions five items: 1. The treaty country. Generally, this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line; do not leave this line blank. The 2. The treaty article addressing the income. name should match the name on your tax retum. 3. The article number (or location) in the tax treaty that contains the saving it this Form W-9 a for a joint account, list first and then circle, the name of the clause and its exceptions. person or entity whose number you entered in Part I of FOnn W-9. 4. The type and amount of income that qualifies for the exemption from tax a. IndividuaL Generally, enter the name shown on your tax retum. t you have changed your last name without informing the Social Security Administration (SSA) 5. Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change, enter your first name, the last name as shown On your social article. security card, and your new last name. &ample. Ankle 20 01 the U.S.-China income tax treaty allows an exemption Note. !TIN applicant Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application, line la. This should also be the same as the name you entered on in the United States. Under U.S. law, this student will become a resident alien kr the Form 1040/1040A/10406Z you filed with your application. lax purposes d 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, b. Sole proprietor or single-member LLC. Enter your indnndual name as 1984) allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A110441EZ on hne 1. You may enter your business, trade, Chinese student becomes a resident alien of the United States. A Chinese student or "doing business as (DBA) Mlle on line 2. who qualifies for this exception (under paragraph 2 of the first protocol) and is c. Partnership, LLC that Is not a single-member LLC, C Corporation. or S retying on this exception to claim an exemption from tax on his or her scholarship Corporation. Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business, trade, or DBA name on line 2. information descnbed above to support Mat exemption. d. Other entities. Enter your name as shown on required U.S. federal tax If you are a nonresident alien or a foreign entity, give the requester the documents on line 1. This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. Backup Withholding e. Disregarded entity. For U.S. federal tax purposes. an entity that is What Is backup withholding? Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a "disregarded under certain conditions withhold and pay to the IRS 28% of such payments. This entity." See Regulations section 301.7701-2(oX2Xiii). Enter the owner's name on a called "backup withholding." Payments that may be subject to backup line 1. The name of the entity entered On line 1 shOuld never be a disregarded withholding include interest tax-exempt interest, dividends, broker and barter entity. The name on line 1 should be the name shown on the income tax return on exchange transactrons, rents, royalties, nonemployee pay, payments made in which the income should be reported. For example, if a foreign LLC that is treated settlement of payment card and third party network transactions, and certain as a disregarded entity for U.S. federal lax purposes has a sing* owner that s a payments from fishing boat operators. Real estate transactions are not subject to U.S. person. the U.S. owner's name is required to be provided on line 1. fl the backup withholding. direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on You will not be subject to backup withholding on payments you raceme if you line 2, "Business namordiSreganied entity name." If the owner of the disregarded give the requester your correct TIN. make the proper certifications. and report all entity is a foreign person, the owner must complete an appropriate Form W-8 your taxable interest and dividends on your tax return. Instead of a Form W-9. This is the case even it the foreign person has a U.S. TIN. Payments you receive will be subject to backup withholding 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Pail II instructions on page 3 for details). CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0068743 CONFIDENTIAL SDNY_GM_00214927 EFTA01374176