You can replace "defined below" with "defined in the instructions" in item 3 of the Certification on Form W-9 when the instructions will not be provided to the payee except upon request. See item 2 of the Certification on Form W-9. This instruction can be given orally or in writing. However, if the IRS has notified the payee that backup withholding applies, then you must instruct the payee to strike out the language in the certification that relates to underreporting. If you use a substitute form, you are required to provide the Form W-9 instructions to the payee only if he or she requests them. "The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding." Additionally, the following statement must be presented to stand out in the same manner as described above and must appear immediately above the single signature line: If a single signature line is used for the required certifications and other provisions, the certifications must be highlighted, boxed, printed in bold-face type, or presented in some other manner that causes the language to stand out from all other information contained on the substitute form. Imply that a payee may be subject to backup withholding unless the payee agrees to provisions on the substitute form that are unrelated to the required certifications.Ī substitute Form W-9 that contains a separate signature line just for the certifications satisfies the requirement that the certifications be clearly stated. Use a substitute Form W-9 that requires the payee, by signing, to agree to provisions unrelated to the required certifications, or 515, Withholding of Tax on Nonresident Aliens and Foreign Entities, for more information and a list of the W-8 forms. person.Īdvise foreign persons to use the appropriateForm W-8 or Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual. If an account is jointly held, the PFFI should request a Form W-9 from each holder that is a U.S. For more information, see Regulations section 1.1446-1.Ī participating foreign financial institution (PFFI) should request Form W-9 from an account holder that is a U.S. partners to overcome a presumption of foreign status and to avoid withholding on the partner's allocable share of the partnership's effectively connected income. resident alien Ī partnership, corporation, company, or association created or organized in the United States or under the laws of the United States Īny estate (other than a foreign estate) orĪ domestic trust (as defined in Regulations section 301.7701-7).Ī partnership may require a signed Form W-9 from its U.S.
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