Who Must Provide Form W-8IMY — 1021 Inst W-8IMY (PDF)

Except as otherwise provided, you should provide Form W-8IMY when receiving a reportable amount or withholdable payment on behalf of another person or as a flow-through entity or when acting as a QDD or QSL. When receiving a withholdable payment, your chapter 4 status is generally required to be included on the form unless otherwise provided in accordance with these instructions. In some cases you should provide Form W-8IMY for an amount realized or a PTP distribution. Form W-8IMY must be provided by the following persons.

A foreign person, or a foreign branch of a U.S. person, to establish that it is a QI that is not acting for its own account, to represent that it has provided or will provide a withholding statement, as required, or, if applicable, to represent that it has assumed primary withholding responsibility under chapters 3 and 4 and/or primary Form 1099 reporting and backup withholding responsibility.
A foreign person, a foreign branch of a foreign person, or a foreign branch of a U.S. person, to establish that it is a QI acting as a QDD, as permitted by the person’s QI agreement. A QDD that receives payments for which the QDD is entitled to a reduced rate of withholding under an income tax treaty may use its Form W-8IMY to both certify to its status as a QI acting as a QDD and to claim treaty benefits with respect to such payments. A QDD may also use its Form W-8IMY to claim an exemption from withholding that may apply based on the QDD’s status as a foreign beneficial owner of a payment.
A foreign person, or a foreign branch of a U.S. person, to establish that it is a QI assuming primary withholding responsibility with respect to payments of substitute interest, as permitted by the QI agreement.
For purposes of withholding under section 1446(f), a foreign person, or foreign branch of a U.S. person, to establish that it is a QI that is not acting for its own account and to represent that it has assumed primary withholding responsibility for a payment of an amount realized from the sale of an interest in a PTP or has provided, or will provide, a withholding statement, as required, for the amounts realized.
A foreign person, or a foreign branch of a U.S. person, to establish that it is a QI not acting for its own account, to represent that it has assumed primary withholding responsibility for distributions from PTPs for which the QI acts as a nominee or has provided, or will provide, a withholding statement, as required, for the distributions.
A foreign person to establish that it is an NQI that is not acting for its own account for chapter 3 purposes (including for amounts subject to withholding under section 1446(a) or (f)), to certify its chapter 4 status (if required), to certify whether it reports U.S. accounts under chapter 4 (if required), and to indicate, if applicable, that it is using the form to transmit withholding certificates and/or other documentary evidence (when permitted) and has provided, or will provide, a withholding statement, when required (including for payments subject to withholding under section 1446(a) and, in certain cases, for section 1446(f)).
A U.S. branch that is acting as an intermediary to represent that the income it receives is not effectively connected with the conduct of a trade or business within the United States and either that it is using the form (1) to

-2- Instructions for Form W-8IMY (Rev. 10-2021)

evidence it is treated as a U.S. person under Regulations section 1.1441-1(b)(2)(iv)(A) with respect to reportable amounts associated with the Form W-8IMY, or (2) to transmit the documentation of the persons for whom it receives a payment of such an amount and has provided, or will provide, a withholding statement, as required, and to certify it is applying the rules described in Regulations section 1.1471-4(d)(2)(iii)(C) when receiving a withholdable payment.

For purposes of section 1446(f), a U.S. branch that is acting as an intermediary, to certify that it agrees to act as a U.S. person with respect to amounts realized on sales of interests in PTPs.
A U.S. branch, to represent that it is treated as a U.S. person and is acting as a nominee for distributions from PTPs under Regulations section 1.1446-4(b)(3) (or has otherwise provided (or will provide) a withholding statement for a distribution).
A financial institution incorporated or organized under the laws of a U.S. territory that is acting as an intermediary or is a flow-through entity to represent that it is a financial institution (other than an investment entity that is not also a depository institution, custodial institution, or specified insurance company) and either that it is using the form (1) to evidence it is treated as a U.S. person under Regulations section 1.1441-1(b)(2)(iv)(A) with respect to payments of income that are not effectively connected with the conduct of a trade or business in the United States associated with the Form W-8IMY, or (2) to certify that it is transmitting documentation of the persons for whom it receives such payment and has provided, or will provide, a withholding statement, as required.
For withholding under section 1446(f), a financial institution incorporated or organized under the laws of a U.S. territory that is acting as an intermediary or that is a flow-through entity, to certify that it is acting as a U.S. person for amounts realized on sales of interests in PTPs.
A financial institution incorporated or organized under the laws of a U.S. territory that is acting as an intermediary or that is a flow-through entity, to certify that it agrees to act as a U.S. person and as a nominee for distributions from PTPs under Regulations section 1.1446-4(b)(3) (or has otherwise provided (or will provide) a withholding statement for a distribution).

represent that it has provided, or will provide, a withholding statement with respect to a modified amount realized for purposes of withholding under section 1446(f) on the transfer.

A foreign grantor trust transferring a partnership interest providing, on behalf of each grantor or other owner of the trust under Regulations section 1.1446(f)-1(c)(2)(vii), a withholding statement to allocate an amount realized to each grantor or owner for withholding under section 1446(f) on the transfer.
A flow-through entity (including a foreign reverse hybrid entity) transmitting withholding certificates and/or other documentary evidence to claim treaty benefits on behalf of its owners, to certify its chapter 4 status (if required), and to certify that it has provided, or will provide, a withholding statement, as required.
A nonparticipating FFI acting as an intermediary or that is a flow-through entity using this form to transmit a withholding statement and withholding certificates or other documentation for exempt beneficial owners described in Regulations section 1.1471-6 with respect to its receipt of a withholdable payment.
A QSL that is either a QI (to the extent not acting as a QDD) or other entity certifying to a withholding agent that it is acting as a QSL in Part IV of Form W-8IMY with respect to U.S. source substitute dividends received from the withholding agent prior to January 1, 2023, pursuant to a securities lending transaction within the meaning of Notice 2010-46 . See also Notice 2020-2 .

• A foreign intermediary or flow-through entity not receiving withholdable payments or reportable amounts that is holding an account with a participating FFI or registered deemed-compliant FFI providing this form for purposes of documenting its chapter 4 status as an account holder. No withholding statement is required to be provided along with Form W-8IMY in this case. The entity may instead provide Form W-8BEN-E to document its chapter 4 status as an account holder of an FFI when it is not receiving withholdable payments or reportable amounts.

A foreign partnership, foreign simple trust, or foreign grantor trust that is the seller of a life insurance contract (or interest therein) or a recipient of a reportable death benefit to establish its foreign status and to associate this form with any other applicable documentation for purposes of section 6050Y or chapter 3. See Regulations sections 1.6050Y-3 and 1.6050Y-4.

This form may serve to establish foreign status for purposes of sections 1441, 1442, and 1446(a) or (f). However, any representations that items of income, gain, deduction, or loss are not effectively connected with a U.S. trade or business will be disregarded by a partnership receiving this form for purposes of section 1446(a) or (f), as the partnership will undertake its own analysis.

Do Not Use Form W-8IMY If You Are Described Below

You are the beneficial owner (other than a QDD acting in its QDD capacity or a QSL acting as a principal for substitute dividend payments) of U.S. source income (other than income that is effectively connected with the conduct of a trade or business within the United States ), and you need to establish that you are not a U.S. person, establish your chapter 4 status (if required), or claim a reduced rate of withholding on your own behalf under an income tax treaty (if applicable). Instead, submit Form W-8BEN or Form W-8BEN-E.
A foreign partnership or a foreign simple or grantor trust to establish that it is a withholding foreign partnership or withholding foreign trust for purposes of chapters 3 and 4.
A foreign partnership or a foreign simple or grantor trust to establish that it is a nonwithholding foreign partnership or nonwithholding foreign simple or grantor trust for reportable amounts and withholdable payments, to certify to its chapter 4 status (if required), to represent that the income is not effectively connected with a U.S. trade or business, and to certify that the form is being used to transmit withholding certificates and/or documentary evidence and that it has provided or will provide a withholding statement as required.
A foreign partnership or foreign grantor trust to establish that it is an upper-tier foreign partnership or foreign grantor trust for purposes of section 1446(a) and, except for a partnership that is a PTP, to represent that the form is being used to transmit withholding certificates and/or documentary evidence and that it has provided, or will provide, a withholding statement, as required.
A foreign partnership to establish that it is the transferor of an amount realized from the transfer of a partnership interest for purposes of section 1446(f) and, when applicable, to

Instructions for Form W-8IMY (Rev. 10-2021) -3-

You are a hybrid entity claiming treaty benefits on your own behalf (unless you are a QDD acting in your QDD capacity). Instead, provide Form W-8BEN-E to claim treaty benefits. However, if you are receiving a withholdable payment you may also be required to provide Form W-8IMY to establish your chapter 4 status (unless you are a disregarded entity) and the chapter 4 status of each of your partners, beneficiaries, or owners. See the Instructions for Form W-8BEN-E for more information about hybrid entities claiming treaty benefits.
You are a foreign reverse hybrid entity (unless you are a QDD acting in your QDD capacity or a QSL acting as a principal for substitute dividend payments) that is not claiming treaty benefits on behalf of your interest holders. Instead, provide Form W-8BEN-E on your own behalf.
You are the beneficial owner of income that is effectively connected with the conduct of a trade or business within the United States. Instead, provide Form W-8ECI.
You are a nonresident alien individual who claims exemption from withholding on compensation for independent or certain dependent personal services performed in the United States. Instead, provide Form 8233 or Form W-4.
You are a disregarded entity, other than a hybrid entity that is a disregarded entity claiming treaty benefits on your own behalf (see above bullet). Instead, the single owner (if a foreign person) should provide the appropriate Form W-8 based on the single owner's status. If you are a disregarded entity that is a QDD acting in your QDD capacity, your single owner (whether or not a QDD) should provide Form W-8IMY as a QI.
You are a QI receiving payments of U.S. source income that you beneficially own other than payments received as a QDD in respect of potential section 871(m) transactions or underlying securities or received as a QSL acting as a principal in a security lending or sale-repurchase transaction (that is, you are receiving payments that you beneficially own that are not covered by your QI agreement). Instead, provide the appropriate Form W-8 based on your status for those payments you beneficially own.
You are a foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U.S. possession claiming the applicability of section 115(2), 501(c), 892, 895, or 1443(b), and, if required, claiming an exemption from chapter 4 withholding. Instead, provide Form W-8EXP. However, these entities should use Form W-8BEN-E instead if they are claiming treaty benefits or are providing the form only to claim exempt recipient status for Form 1099 and backup withholding purposes.

Giving Form W-8IMY to the withholding agent. Do not send Form W-8IMY to the IRS. Instead, give it to the person who is requesting it. Generally, this will be the person from whom you receive the payment, the person who credits your account, or a partnership that allocates income to you. If you are an account holder of an FFI, the FFI may request this form from you to document the status of your account for chapter 4 purposes.

You may provide a single Form W-8IMY if you have

TIP multiple branches receiving payments from the same

withholding agent rather than separate Forms W-8IMY to identify each branch receiving payments associated with the form. In such a case, you should provide a schedule that includes all required information for each branch. See the instructions for Part II.

When to provide Form W-8IMY to the withholding agent. Give Form W-8IMY to the person requesting it before income is paid, credited, or allocated to your account. If you do not provide this form, the withholding agent may have to withhold at the 30% rate (for an amount subject to withholding under chapter 3 or a withholdable payment under chapter 4), backup withhold, or withhold at the applicable rate for net effectively connected taxable income allocable to a foreign partner in a partnership under section 1446. Generally, a separate Form W-8IMY must be submitted to each withholding agent from whom you receive a payment.

Expiration of Form W-8IMY. Generally, a Form W-8IMY remains valid until the status of the person whose name is on the certificate is changed in a way relevant to the certificate or there is a change in circumstances that makes the information on the certificate no longer correct. The indefinite validity period does not extend, however, to any other withholding certificates, documentary evidence, or withholding statements associated with the certificate. If you are a QDD, the attachment associated with your Form W-8IMY used to claim treaty benefits (if applicable) is treated as a beneficial owner withholding certificate that is not valid indefinitely. For the validity period of a Form W-8IMY used by a QDD to claim an exemption from withholding that applies based on a QDD’s status as a foreign beneficial owner of the payment, see Regulations section 1.1441-1(e)(4)(ii)(A)(1).

Change in circumstances. If a change in circumstances makes any information on the Form W-8IMY (or any documentation or withholding statement associated with the Form W-8IMY) you have submitted incorrect for purposes of chapter 3 or chapter 4 (when relevant), you must notify the withholding agent within 30 days of the change in circumstances and provide the documentation required in Regulations section 1.1471-3(c)(6)(ii)(E)(2). You must update the information associated with Form W-8IMY as often as is necessary to enable the withholding agent to withhold at the appropriate rate on each payment and to report such income.

See Regulations sections 1.1441-1(e)(4)(ii)(D) for the definition of a change in circumstances for purposes of chapter 3 and Regulations section 1.1471-3(c)(6)(ii)(E) for the definition of a change in circumstances for purposes of chapter 4.

With respect to an FFI claiming a chapter 4 status