Part XXVII — Passive NFFE

Line 40. If you are a passive NFFE, you must check the box on line 40 to certify that you are not a financial institution (other than an investment entity organized in a possession of the United States). You must also certify that you have provided a withholding statement associated with Form W-8IMY to the extent you are required to provide a withholding statement.

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 Part XXVII as you would be considered a financial institution and not a passive NFFE.