Part XXVI – Passive NFFE

Line 40a. If you are a passive NFFE you must check the box to certify that you are not a financial institution and are not certifying your status as a publicly-traded NFFE, NFFE affiliate of a publicly-traded company, excepted territory NFFE, active NFFE, direct reporting NFFE, or sponsored direct reporting NFFE.

Note. If you would be a passive NFFE but for the fact that you are managed by certain types of financial institutions (see Regulations section 1.1471-5(e)(4)(i)(B)), you should not complete line 40a as you would be considered a financial institution and not a passive NFFE.

If you are an NFFE that may qualify as an active

TIP NFFE (or other NFFE described in another part of

this form), you may still check line 40a and disclose your substantial U.S. owners or certify that you have no substantial U.S. owners.

Line 40b. Check this box to certify that you have no substantial U.S. owners.

Line 40c. If you do not check the box and make the certification on line 40b, you must check this box 40c and complete Part XXIX to identify and provide the name, address, and TIN of each of your substantial U.S. owners.

Note. If you are an NFFE that is providing Form W-8BEN-E to an FFI treated as a reporting Model 1 FFI or reporting Model 2 FFI, you may also use Part XXIX to report controlling U.S. persons (as defined in an applicable IGA). The references to “controlling U.S. persons” in this part and Part XXIX apply only if the form is being provided to an FFI treated as a reporting Model 1 FFI or reporting Model 2 FFI.