Part III (Claim of Tax Treaty Benefits), line 14b. An
Publication 1281 — Backup Withholding for Missing and Incorrect Name/TINs (including instructions for reading tape cartridges and CD/DVD formats) · 2026-10-03 edition · updated 2026-10-04 · United States
entity claiming a reduced rate of withholding under an income tax treaty that contains a limitation on benefits (LOB) article must identify the LOB provision that it satisfies by checking one of the boxes on line 14b. In general, the entity is only required to check one box, even if it satisfies more than one provision. If the applicable treaty has no LOB article, the entity must check the box indicating no LOB article in the treaty. You may rely on the entity’s claim on line 14b unless you have actual knowledge that the claim is incorrect.
Notes for Validating Form W-8BEN-E
Part I, line 4 (Chapter 3 Status). If you receive a Form W-8BEN-E from an entity that indicates in Part I, line 4, that it is a disregarded entity, partnership, simple trust, or grantor trust, and the entity has checked “No” in Part I, line 4 (regarding the entity’s claim of treaty benefits), you should not accept the Form W-8BEN-E if the form is used only with respect to reportable amounts or withholdable payments. In such a case, you should request the entity complete a Form W-8IMY if the entity is a partnership, simple trust, or grantor trust, or have the owner of a disregarded entity complete the appropriate Form W-8. If you are an FFI documenting an entity account holder solely for chapter 4 purposes (that is, you are not required to document the payee for purposes of withholding or domestic information reporting), the entity does not need to provide a chapter 3 status on line 4 of the form. For purposes of section 1446, however, you may accept a Form W-8BEN-E from a simple trust.
Part I, lines 9b, and 9c (Foreign TIN). If you do not obtain an FTIN on line 9b (when required) and the account holder has not checked line 9c, provided a further (or other) explanation for why the account holder has not been issued an FTIN on a separate statement (see Foreign TINs, earlier), you must treat the form as invalid for payments of U.S. source income reportable on Form 1042-S (as determined before the application of this requirement).
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