Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting

Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting, is the IRS form on which an entity states its chapter 3 and chapter 4 status so that a withholding agent knows how to treat payments it passes through.

An entity that receives a reportable amount or withholdable payment on behalf of another person, or as a flow-through entity, or that acts as a qualified derivatives dealer (QDD) or qualified securities lender (QSL), provides it. By entering its name on line 1, the entity represents that it is not the beneficial owner of the amounts paid to it, with limited exceptions described in the IRS instructions, such as a QDD or QSL acting in that capacity.

The form has a general identification block (Part I), an optional Part II for a disregarded entity or branch receiving payment, certifications of chapter 3 status (Parts III through VIII), certifications of chapter 4 or FATCA status (Parts IX through XXVIII) and a signed certification (Part XXIX). The entity completes only the parts that match the boxes it checks on lines 4 and 5.

The form does not replace other Forms W-8. The printed form lists the alternatives:

• W-8BEN or W-8BEN-E for a beneficial owner solely claiming foreign status or treaty benefits, and for a hybrid entity claiming treaty benefits on its own behalf (W-8BEN-E).
• W-8ECI for a foreign person claiming that income is effectively connected with a U.S. trade or business.
• W-8EXP for foreign governments, international organizations, foreign central banks of issue, foreign tax-exempt organizations and similar entities.
• W-9 for a U.S. entity or U.S. citizen or resident.

Form W-8IMY must be provided by the persons the IRS instructions list, when they receive a reportable amount or withholdable payment on behalf of someone else, or as a flow-through entity. The main groups are:

• A qualified intermediary (QI), including a QI acting as a QDD, or acting as a QSL.
• A nonqualified intermediary (NQI), meaning an intermediary that is not a U.S. person and not a QI.
• A withholding foreign partnership (WP) or withholding foreign trust (WT).
• A nonwithholding foreign partnership, foreign simple trust or foreign grantor trust, including one providing the form for section 1446(a) or 1446(f) purposes.
• A financial institution organized under the laws of a U.S. territory that acts as an intermediary or is a flow-through entity.
• A U.S. branch acting as an intermediary that represents the income it receives is not effectively connected with a U.S. trade or business.
• A nonparticipating FFI acting as an intermediary, or a flow-through entity transmitting documentation for exempt beneficial owners.

Do not use Form W-8IMY if you are the beneficial owner of the income and only need to prove foreign status or claim treaty benefits (use W-8BEN or W-8BEN-E), if the income is effectively connected with a U.S. trade or business (W-8ECI), or if you are a foreign government or tax-exempt organization claiming section 115(2), 501(c), 892, 895 or 1443(b) (W-8EXP). A disregarded entity generally does not submit this form: its single owner provides the appropriate Form W-8. U.S. persons use Form W-9.

Give Form W-8IMY to the withholding agent that requests it before income is paid, credited or allocated to your account. Without it, the withholding agent may have to withhold at the 30% rate, backup withhold, or withhold at the applicable rate under section 1446 for a foreign partner's share of effectively connected income.

A separate form generally goes to each withholding agent from which you receive payments. If you act in more than one capacity, for example as a QI for some accounts and an NQI for others, provide a separate form for each capacity.

The form generally remains valid until the status of the person named on it changes in a way relevant to the certificate, or a change in circumstances makes the information incorrect. That indefinite period does not extend to the withholding certificates, documentation or withholding statements attached to it. If a certification becomes incorrect, the form you sign says you will submit a new one within 30 days, and the IRS instructions require you to notify the withholding agent within 30 days of the change.

Form W-8IMY is not filed with the IRS. The form itself says to give it to the withholding agent or payer, and not to send it to the IRS. Delivery is by whatever method you and the requester use.

• To the requester: give the signed form to the person asking for it. The IRS instructions say this is generally 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 it to document your account's chapter 4 status.
• With attachments: include any withholding statement and the withholding certificates or other documentation the form says you are transmitting. The withholding statement may be provided in any manner you and the withholding agent mutually agree, including electronically if the required safeguards are met.
• Multiple branches: if several branches or disregarded entities receive payments from the same withholding agent and Part I is identical, you may give one form with a schedule listing the Part II information for each branch.
• Withholding agent instructions: the IRS publishes separate instructions for the requester of Forms W-8BEN, W-8BEN-E, W-8ECI, W-8EXP and W-8IMY.

FillingPDF lets you fill out and download the PDF; submission follows the channels above.