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2012 1040x

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2012 1040x

2012 1040x Publication 515 - Main Content Table of Contents Withholding of TaxWithholding Agent Withholding and Reporting Obligations Persons Subject to NRA WithholdingIdentifying the Payee Foreign Persons DocumentationBeneficial Owners Foreign Intermediaries and Foreign Flow-Through Entities Standards of Knowledge Presumption Rules Income Subject to NRA WithholdingSource of Income Fixed or Determinable Annual or Periodical Income (FDAP) Withholding on Specific IncomeEffectively Connected Income Income Not Effectively Connected Pay for Personal Services Performed Artists and Athletes (Income Codes 42 and 43) Other Income Foreign Governments and Certain Other Foreign Organizations U. 2012 1040x S. 2012 1040x Taxpayer Identification NumbersUnexpected payment. 2012 1040x Depositing Withheld TaxesWhen Deposits Are Required Adjustment for Overwithholding Returns RequiredJoint owners. 2012 1040x Electronic reporting. 2012 1040x Partnership Withholding on Effectively Connected IncomeWho Must Withhold Foreign Partner Publicly Traded Partnerships U. 2012 1040x S. 2012 1040x Real Property InterestForeign corporations. 2012 1040x Domestic corporations. 2012 1040x U. 2012 1040x S. 2012 1040x real property holding corporations. 2012 1040x Partnerships. 2012 1040x Trusts and estates. 2012 1040x Domestically controlled QIE. 2012 1040x Late filing of certifications or notices. 2012 1040x Certifications. 2012 1040x Liability of agent or qualified substitute. 2012 1040x Reporting and Paying the Tax Withholding Certificates Tax Treaty TablesTable 1 Table 2 Table 3 How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). 2012 1040x Withholding of Tax In most cases, a foreign person is subject to U. 2012 1040x S. 2012 1040x tax on its U. 2012 1040x S. 2012 1040x source income. 2012 1040x Most types of U. 2012 1040x S. 2012 1040x source income received by a foreign person are subject to U. 2012 1040x S. 2012 1040x tax of 30%. 2012 1040x A reduced rate, including exemption, may apply if there is a tax treaty between the foreign person's country of residence and the United States. 2012 1040x The tax is generally withheld (NRA withholding) from the payment made to the foreign person. 2012 1040x The term “NRA withholding” is used in this publication descriptively to refer to withholding required under sections 1441, 1442, and 1443 of the Internal Revenue Code. 2012 1040x In most cases, NRA withholding describes the withholding regime that requires withholding on a payment of U. 2012 1040x S. 2012 1040x source income. 2012 1040x Payments to foreign persons, including nonresident alien individuals, foreign entities, and governments, may be subject to NRA withholding. 2012 1040x NRA withholding does not include withholding under section 1445 of the Code (see U. 2012 1040x S. 2012 1040x Real Property Interest, later) or under section 1446 of the Code (see Partnership Withholding on Effectively Connected Income , later). 2012 1040x A withholding agent (defined next) is the person responsible for withholding on payments made to a foreign person. 2012 1040x However, a withholding agent that can reliably associate the payment with documentation (discussed later) from a U. 2012 1040x S. 2012 1040x person is not required to withhold. 2012 1040x In addition, a withholding agent may apply a reduced rate of withholding (including an exemption from withholding) if it can reliably associate the payment with documentation from a beneficial owner that is a foreign person entitled to a reduced rate of withholding. 2012 1040x Withholding Agent You are a withholding agent if you are a U. 2012 1040x S. 2012 1040x or foreign person that has control, receipt, custody, disposal, or payment of any item of income of a foreign person that is subject to withholding. 2012 1040x A withholding agent may be an individual, corporation, partnership, trust, association, nominee (under section 1446 of the Code), or any other entity, including any foreign intermediary, foreign partnership, or U. 2012 1040x S. 2012 1040x branch of certain foreign banks and insurance companies. 2012 1040x You may be a withholding agent even if there is no requirement to withhold from a payment or even if another person has withheld the required amount from the payment. 2012 1040x Although several persons may be withholding agents for a single payment, the full tax is required to be withheld only once. 2012 1040x In most cases, the U. 2012 1040x S. 2012 1040x person who pays an amount subject to NRA withholding is the person responsible for withholding. 2012 1040x However, other persons may be required to withhold. 2012 1040x For example, a payment made by a flow-through entity or nonqualified intermediary that knows, or has reason to know, that the full amount of NRA withholding was not done by the person from which it receives a payment is required to do the appropriate withholding since it also falls within the definition of a withholding agent. 2012 1040x In addition, withholding must be done by any qualified intermediary, withholding foreign partnership, or withholding foreign trust in accordance with the terms of its withholding agreement, discussed later. 2012 1040x Liability for tax. 2012 1040x   As a withholding agent, you are personally liable for any tax required to be withheld. 2012 1040x This liability is independent of the tax liability of the foreign person to whom the payment is made. 2012 1040x If you fail to withhold and the foreign payee fails to satisfy its U. 2012 1040x S. 2012 1040x tax liability, then both you and the foreign person are liable for tax, as well as interest and any applicable penalties. 2012 1040x   The applicable tax will be collected only once. 2012 1040x If the foreign person satisfies its U. 2012 1040x S. 2012 1040x tax liability, you are not liable for the tax but remain liable for any interest and penalties for failure to withhold. 2012 1040x Determination of amount to withhold. 2012 1040x   You must withhold on the gross amount subject to NRA withholding. 2012 1040x You cannot reduce the gross amount by any deductions. 2012 1040x However, see Scholarships and Fellowship Grants and Pay for Personal Services Performed , later, for when a deduction for a personal exemption may be allowed. 2012 1040x   If the determination of the source of the income or the amount subject to tax depends on facts that are not known at the time of payment, you must withhold an amount sufficient to ensure that at least 30% of the amount subsequently determined to be subject to withholding is withheld. 2012 1040x In no case, however, should you withhold more than 30% of the total amount paid. 2012 1040x Or, you may make a reasonable estimate of the amount from U. 2012 1040x S. 2012 1040x sources and put a corresponding part of the amount due in escrow until the amount from U. 2012 1040x S. 2012 1040x sources can be determined, at which time withholding becomes due. 2012 1040x When to withhold. 2012 1040x   Withholding is required at the time you make a payment of an amount subject to withholding. 2012 1040x A payment is made to a person if that person realizes income, whether or not there is an actual transfer of cash or other property. 2012 1040x A payment is considered made to a person if it is paid for that person's benefit. 2012 1040x For example, a payment made to a creditor of a person in satisfaction of that person's debt to the creditor is considered made to the person. 2012 1040x A payment also is considered made to a person if it is made to that person's agent. 2012 1040x   A U. 2012 1040x S. 2012 1040x partnership should withhold when any distributions that include amounts subject to withholding are made. 2012 1040x However, if a foreign partner's distributive share of income subject to withholding is not actually distributed, the U. 2012 1040x S. 2012 1040x partnership must withhold on the foreign partner's distributive share of the income on the earlier of the date that a Schedule K-1 (Form 1065) is provided or mailed to the partner or the due date for furnishing that schedule. 2012 1040x If the distributable amount consists of effectively connected income, see Partnership Withholding on Effectively Connected Income , later. 2012 1040x A U. 2012 1040x S. 2012 1040x trust is required to withhold on the amount includible in the gross income of a foreign beneficiary to the extent the trust's distributable net income consists of an amount subject to withholding. 2012 1040x To the extent a U. 2012 1040x S. 2012 1040x trust is required to distribute an amount subject to withholding but does not actually distribute the amount, it must withhold on the foreign beneficiary's allocable share at the time the income is required to be reported on Form 1042-S. 2012 1040x Withholding and Reporting Obligations You are required to report payments subject to NRA withholding on Form 1042-S and to file a tax return on Form 1042. 2012 1040x (See Returns Required , later. 2012 1040x ) An exception from reporting may apply to individuals who are not required to withhold from a payment and who do not make the payment in the course of their trade or business. 2012 1040x Form 1099 reporting and backup withholding. 2012 1040x    You also may be responsible as a payer for reporting on Form 1099 payments made to a U. 2012 1040x S. 2012 1040x person. 2012 1040x You must withhold 28% (backup withholding rate) from a reportable payment made to a U. 2012 1040x S. 2012 1040x person that is subject to Form 1099 reporting if any of the following apply. 2012 1040x The U. 2012 1040x S. 2012 1040x person has not provided its taxpayer identification number (TIN) in the manner required. 2012 1040x The IRS notifies you that the TIN furnished by the payee is incorrect. 2012 1040x There has been a notified payee underreporting. 2012 1040x There has been a payee certification failure. 2012 1040x In most cases, a TIN must be provided by a U. 2012 1040x S. 2012 1040x non-exempt recipient on Form W-9, Request for Taxpayer Identification Number and Certification. 2012 1040x A payer files a tax return on Form 945, Annual Return of Withheld Federal Income Tax, for backup withholding. 2012 1040x You may be required to file Form 1099 and, if appropriate, backup withhold, even if you do not make the payments directly to that U. 2012 1040x S. 2012 1040x person. 2012 1040x For example, you are required to report income paid to a foreign intermediary or flow-through entity that collects for a U. 2012 1040x S. 2012 1040x person subject to Form 1099 reporting. 2012 1040x See Identifying the Payee , later, for more information. 2012 1040x Also see Section S. 2012 1040x Special Rules for Reporting Payments Made Through Foreign Intermediaries and Foreign Flow-Through Entities on Form 1099 in the General Instructions for Certain Information Returns. 2012 1040x Foreign persons who provide Form W-8BEN, Form W-8ECI, or Form W-8EXP (or applicable documentary evidence) are exempt from backup withholding and Form 1099 reporting. 2012 1040x Wages paid to employees. 2012 1040x   If you are the employer of a nonresident alien, you generally must withhold taxes at graduated rates. 2012 1040x See Pay for Personal Services Performed , later. 2012 1040x Effectively connected income by partnerships. 2012 1040x   A withholding agent that is a partnership (whether U. 2012 1040x S. 2012 1040x or foreign) is also responsible for withholding on its income effectively connected with a U. 2012 1040x S. 2012 1040x trade or business that is allocable to foreign partners. 2012 1040x See Partnership Withholding on Effectively Connected Income , later, for more information. 2012 1040x U. 2012 1040x S. 2012 1040x real property interest. 2012 1040x   A withholding agent also may be responsible for withholding if a foreign person transfers a U. 2012 1040x S. 2012 1040x real property interest to the agent, or if it is a corporation, partnership, trust, or estate that distributes a U. 2012 1040x S. 2012 1040x real property interest to a shareholder, partner, or beneficiary that is a foreign person. 2012 1040x See U. 2012 1040x S. 2012 1040x Real Property Interest , later. 2012 1040x Persons Subject to NRA Withholding NRA withholding applies only to payments made to a payee that is a foreign person. 2012 1040x It does not apply to payments made to U. 2012 1040x S. 2012 1040x persons. 2012 1040x Usually, you determine the payee's status as a U. 2012 1040x S. 2012 1040x or foreign person based on the documentation that person provides. 2012 1040x See Documentation , later. 2012 1040x However, if you have received no documentation or you cannot reliably associate all or a part of a payment with documentation, then you must apply certain presumption rules, discussed later. 2012 1040x Identifying the Payee In most cases, the payee is the person to whom you make the payment, regardless of whether that person is the beneficial owner of the income. 2012 1040x However, there are situations in which the payee is a person other than the one to whom you actually make a payment. 2012 1040x U. 2012 1040x S. 2012 1040x agent of foreign person. 2012 1040x   If you make a payment to a U. 2012 1040x S. 2012 1040x person and you have actual knowledge that the U. 2012 1040x S. 2012 1040x person is receiving the payment as an agent of a foreign person, you must treat the payment as made to the foreign person. 2012 1040x However, if the U. 2012 1040x S. 2012 1040x person is a financial institution, you may treat the institution as the payee provided you have no reason to believe that the institution will not comply with its own obligation to withhold. 2012 1040x   If the payment is not subject to NRA withholding (for example, gross proceeds from the sales of securities), you must treat the payment as made to a U. 2012 1040x S. 2012 1040x person and not as a payment to a foreign person. 2012 1040x You may be required to report the payment on Form 1099 and, if applicable, backup withhold. 2012 1040x Disregarded entities. 2012 1040x   A business entity that is not a corporation and that has a single owner may be disregarded as an entity separate from its owner (a disregarded entity) for federal tax purposes. 2012 1040x The payee of a payment made to a disregarded entity is the owner of the entity. 2012 1040x   If the owner of the entity is a foreign person, you must apply NRA withholding unless you can treat the foreign owner as a beneficial owner entitled to a reduced rate of withholding. 2012 1040x   If the owner is a U. 2012 1040x S. 2012 1040x person, you do not apply NRA withholding. 2012 1040x However, you may be required to report the payment on Form 1099 and, if applicable, backup withhold. 2012 1040x You may assume that a foreign entity is not a disregarded entity unless you can reliably associate the payment with documentation provided by the owner or you have actual knowledge or reason to know that the foreign entity is a disregarded entity. 2012 1040x Flow-Through Entities The payees of payments (other than income effectively connected with a U. 2012 1040x S. 2012 1040x trade or business) made to a foreign flow-through entity are the owners or beneficiaries of the flow-through entity. 2012 1040x This rule applies for purposes of NRA withholding and for Form 1099 reporting and backup withholding. 2012 1040x Income that is, or is deemed to be, effectively connected with the conduct of a U. 2012 1040x S. 2012 1040x trade or business of a flow-through entity is treated as paid to the entity. 2012 1040x All of the following are flow-through entities. 2012 1040x A foreign partnership (other than a withholding foreign partnership). 2012 1040x A foreign simple or foreign grantor trust (other than a withholding foreign trust). 2012 1040x A fiscally transparent entity receiving income for which treaty benefits are claimed. 2012 1040x See Fiscally transparent entity , later. 2012 1040x In most cases, you treat a payee as a flow-through entity if it provides you with a Form W-8IMY (see Documentation , later) on which it claims such status. 2012 1040x You also may be required to treat the entity as a flow-through entity under the presumption rules, discussed later. 2012 1040x You must determine whether the owners or beneficiaries of a flow-through entity are U. 2012 1040x S. 2012 1040x or foreign persons, how much of the payment relates to each owner or beneficiary, and, if the owner or beneficiary is foreign, whether a reduced rate of NRA withholding applies. 2012 1040x You make these determinations based on the documentation and other information (contained in a withholding statement) that is associated with the flow-through entity's Form W-8IMY. 2012 1040x If you do not have all of the information that is required to reliably associate a payment with a specific payee, you must apply the presumption rules. 2012 1040x See Documentation and Presumption Rules , later. 2012 1040x Withholding foreign partnerships and withholding foreign trusts are not flow-through entities. 2012 1040x Foreign partnerships. 2012 1040x    A foreign partnership is any partnership that is not organized under the laws of any state of the United States or the District of Columbia or any partnership that is treated as foreign under the income tax regulations. 2012 1040x If a foreign partnership is not a withholding foreign partnership, the payees of income are the partners of the partnership, provided the partners are not themselves a flow-through entity or a foreign intermediary. 2012 1040x However, the payee is the partnership itself if the partnership is claiming treaty benefits on the basis that it is not fiscally transparent and that it meets all the other requirements for claiming treaty benefits. 2012 1040x If a partner is a foreign flow-through entity or a foreign intermediary, you apply the payee determination rules to that partner to determine the payees. 2012 1040x Example 1. 2012 1040x A nonwithholding foreign partnership has three partners: a nonresident alien individual; a foreign corporation; and a U. 2012 1040x S. 2012 1040x citizen. 2012 1040x You make a payment of U. 2012 1040x S. 2012 1040x source interest to the partnership. 2012 1040x It gives you a Form W-8IMY with which it associates Form W-8BEN from the nonresident alien; Form W-8BEN from the foreign corporation; and Form W-9 from the U. 2012 1040x S. 2012 1040x citizen. 2012 1040x The partnership also gives you a complete withholding statement that enables you to associate a part of the interest payment to each partner. 2012 1040x You must treat all three partners as the payees of the interest payment as if the payment were made directly to them. 2012 1040x Report the payment to the nonresident alien and the foreign corporation on Forms 1042-S. 2012 1040x Report the payment to the U. 2012 1040x S. 2012 1040x citizen on Form 1099-INT. 2012 1040x Example 2. 2012 1040x A nonwithholding foreign partnership has two partners: a foreign corporation and a nonwithholding foreign partnership. 2012 1040x The second partnership has two partners, both nonresident alien individuals. 2012 1040x You make a payment of U. 2012 1040x S. 2012 1040x source interest to the first partnership. 2012 1040x It gives you a valid Form W-8IMY with which it associates a Form W-8BEN from the foreign corporation and a Form W-8IMY from the second partnership. 2012 1040x In addition, Forms W-8BEN from the partners are associated with the Form W-8IMY from the second partnership. 2012 1040x The Forms W-8IMY from the partnerships have complete withholding statements associated with them. 2012 1040x Because you can reliably associate a part of the interest payment with the Form W-8BEN provided by the foreign corporation and the Forms W-8BEN provided by the nonresident alien individual partners as a result of the withholding statements, you must treat them as the payees of the interest. 2012 1040x Example 3. 2012 1040x You make a payment of U. 2012 1040x S. 2012 1040x source dividends to a withholding foreign partnership. 2012 1040x The partnership has two partners, both foreign corporations. 2012 1040x You can reliably associate the payment with a valid Form W-8IMY from the partnership on which it represents that it is a withholding foreign partnership. 2012 1040x You must treat the partnership as the payee of the dividends. 2012 1040x Foreign simple and grantor trust. 2012 1040x   A trust is foreign unless it meets both of the following tests. 2012 1040x A court within the United States is able to exercise primary supervision over the administration of the trust. 2012 1040x One or more U. 2012 1040x S. 2012 1040x persons have the authority to control all substantial decisions of the trust. 2012 1040x   In most cases, a foreign simple trust is a foreign trust that is required to distribute all of its income annually. 2012 1040x A foreign grantor trust is a foreign trust that is treated as a grantor trust under sections 671 through 679 of the Code. 2012 1040x   The payees of a payment made to a foreign simple trust are the beneficiaries of the trust. 2012 1040x The payees of a payment made to a foreign grantor trust are the owners of the trust. 2012 1040x However, the payee is the foreign simple or grantor trust itself if the trust is claiming treaty benefits on the basis that it is not fiscally transparent and that it meets all the other requirements for claiming treaty benefits. 2012 1040x If the beneficiaries or owners are themselves flow-through entities or foreign intermediaries, you apply the payee determination rules to that beneficiary or owner to determine the payees. 2012 1040x Example. 2012 1040x A foreign simple trust has three beneficiaries: two nonresident alien individuals and a U. 2012 1040x S. 2012 1040x citizen. 2012 1040x You make a payment of interest to the foreign trust. 2012 1040x It gives you a Form W-8IMY with which it associates Forms W-8BEN from the nonresident aliens and a Form W-9 from the U. 2012 1040x S. 2012 1040x citizen. 2012 1040x The trust also gives you a complete withholding statement that enables you to associate a part of the interest payment with the forms provided by each beneficiary. 2012 1040x You must treat all three beneficiaries as the payees of the interest payment as if the payment were made directly to them. 2012 1040x Report the payment to the nonresident aliens on Forms 1042-S. 2012 1040x Report the payment to the U. 2012 1040x S. 2012 1040x citizen on Form 1099-INT. 2012 1040x Fiscally transparent entity. 2012 1040x   If a reduced rate of withholding under an income tax treaty is claimed, a flow-through entity includes any entity in which the interest holder must treat the entity as fiscally transparent. 2012 1040x The determination of whether an entity is fiscally transparent is made on an item of income basis (that is, the determination is made separately for interest, dividends, royalties, etc. 2012 1040x ). 2012 1040x The interest holder in an entity makes the determination by applying the laws of the jurisdiction where the interest holder is organized, incorporated, or otherwise considered a resident. 2012 1040x An entity is considered to be fiscally transparent for the income to the extent the laws of that jurisdiction require the interest holder to separately take into account on a current basis the interest holder's share of the income, whether or not distributed to the interest holder, and the character and source of the income to the interest holder are determined as if the income was realized directly from the source that paid it to the entity. 2012 1040x Subject to the standards of knowledge rules discussed later, you generally make the determination that an entity is fiscally transparent based on a Form W-8IMY provided by the entity. 2012 1040x   The payees of a payment made to a fiscally transparent entity are the interest holders of the entity. 2012 1040x Example. 2012 1040x Entity A is a business organization organized under the laws of country X that has an income tax treaty in force with the United States. 2012 1040x A has two interest holders, B and C. 2012 1040x B is a corporation organized under the laws of country Y. 2012 1040x C is a corporation organized under the laws of country Z. 2012 1040x Both countries Y and Z have an income tax treaty in force with the United States. 2012 1040x A receives royalty income from U. 2012 1040x S. 2012 1040x sources that is not effectively connected with the conduct of a trade or business in the United States. 2012 1040x For U. 2012 1040x S. 2012 1040x income tax purposes, A is treated as a partnership. 2012 1040x Country X treats A as a partnership and requires the interest holders in A to separately take into account on a current basis their respective shares of the income paid to A even if the income is not distributed. 2012 1040x The laws of country X provide that the character and source of the income to A's interest holders are determined as if the income was realized directly from the source that paid it to A. 2012 1040x Accordingly, A is fiscally transparent in its jurisdiction, country X. 2012 1040x B and C are not fiscally transparent under the laws of their respective countries of incorporation. 2012 1040x Country Y requires B to separately take into account on a current basis B's share of the income paid to A, and the character and source of the income to B is determined as if the income was realized directly from the source that paid it to A. 2012 1040x Accordingly, A is fiscally transparent for that income under the laws of country Y, and B is treated as deriving its share of the U. 2012 1040x S. 2012 1040x source royalty income for purposes of the U. 2012 1040x S. 2012 1040x -Y income tax treaty. 2012 1040x Country Z, on the other hand, treats A as a corporation and does not require C to take into account its share of A's income on a current basis whether or not distributed. 2012 1040x Therefore, A is not treated as fiscally transparent under the laws of country Z. 2012 1040x Accordingly, C is not treated as deriving its share of the U. 2012 1040x S. 2012 1040x source royalty income for purposes of the U. 2012 1040x S. 2012 1040x -Z income tax treaty. 2012 1040x Foreign Intermediaries In most cases, if you make payments to a foreign intermediary, the payees are the persons for whom the foreign intermediary collects the payment, such as account holders or customers, not the intermediary itself. 2012 1040x This rule applies for purposes of NRA withholding and for Form 1099 reporting and backup withholding. 2012 1040x You may, however, treat a qualified intermediary that has assumed primary withholding responsibility for a payment as the payee, and you are not required to withhold. 2012 1040x An intermediary is a custodian, broker, nominee, or any other person that acts as an agent for another person. 2012 1040x A foreign intermediary is either a qualified intermediary or a nonqualified intermediary. 2012 1040x In most cases, you determine whether an entity is a qualified intermediary or a nonqualified intermediary based on the representations the intermediary makes on Form W-8IMY. 2012 1040x You must determine whether the customers or account holders of a foreign intermediary are U. 2012 1040x S. 2012 1040x or foreign persons and, if the account holder or customer is foreign, whether a reduced rate of NRA withholding applies. 2012 1040x You make these determinations based on the foreign intermediary's Form W-8IMY and associated information and documentation. 2012 1040x If you do not have all of the information or documentation that is required to reliably associate a payment with a payee, you must apply the presumption rules. 2012 1040x See Documentation and Presumption Rules , later. 2012 1040x Nonqualified intermediary. 2012 1040x   A nonqualified intermediary (NQI) is any intermediary that is a foreign person and that is not a qualified intermediary. 2012 1040x The payees of a payment made to an NQI are the customers or account holders on whose behalf the NQI is acting. 2012 1040x Example. 2012 1040x You make a payment of interest to a foreign bank that is a nonqualified intermediary. 2012 1040x The bank gives you a Form W-8IMY and the Forms W-8BEN of two foreign persons, and a Form W-9 from a U. 2012 1040x S. 2012 1040x person for whom the bank is collecting the payments. 2012 1040x The bank also associates with its Form W-8IMY a withholding statement on which it allocates the interest payment to each account holder and provides all other information required to be on the withholding statement. 2012 1040x The account holders are the payees of the interest payment. 2012 1040x You should report the part of the interest paid to the two foreign persons on Forms 1042-S and the part paid to the U. 2012 1040x S. 2012 1040x person on Form 1099-INT. 2012 1040x Qualified intermediary. 2012 1040x   A qualified intermediary (QI) is any foreign intermediary (or foreign branch of a U. 2012 1040x S. 2012 1040x intermediary) that has entered into a qualified intermediary withholding agreement (discussed later) with the IRS. 2012 1040x You may treat a QI as a payee to the extent the QI assumes primary withholding responsibility or primary Form 1099 reporting and backup withholding responsibility for a payment. 2012 1040x In this situation, the QI is required to withhold the tax. 2012 1040x You can determine whether a QI has assumed responsibility from the Form W-8IMY provided by the QI. 2012 1040x   A payment to a QI to the extent it does not assume primary NRA withholding responsibility is considered made to the person on whose behalf the QI acts. 2012 1040x If a QI does not assume Form 1099 reporting and backup withholding responsibility, you must report on Form 1099 and, if applicable, backup withhold as if you were making the payment directly to the U. 2012 1040x S. 2012 1040x person. 2012 1040x Branches of financial institutions. 2012 1040x   Branches of financial institutions are not permitted to operate as QIs if they are located outside of countries having approved “know-your-customer” (KYC) rules. 2012 1040x The countries with approved KYC rules are listed on IRS. 2012 1040x gov. 2012 1040x QI withholding agreement. 2012 1040x   Foreign financial institutions and foreign branches of U. 2012 1040x S. 2012 1040x financial institutions can enter into an agreement with the IRS to be a qualified intermediary. 2012 1040x   A QI is entitled to certain simplified withholding and reporting rules. 2012 1040x In general, there are three major areas whereby intermediaries with QI status are afforded such simplified treatment. 2012 1040x   To apply for QI status, complete Form 14345, Qualified Intermediary Application, and Form SS-4, Application for Employer Identification Number. 2012 1040x These forms, and the procedures required to obtain a QI withholding agreement are available at www. 2012 1040x irs. 2012 1040x gov/Businesses/Corporations/Qualified-Intermediaries-(QI). 2012 1040x Documentation. 2012 1040x   A QI is not required to forward documentation obtained from foreign account holders to the U. 2012 1040x S. 2012 1040x withholding agent from whom the QI receives a payment of U. 2012 1040x S. 2012 1040x source income. 2012 1040x The QI maintains such documentation at its location and provides the U. 2012 1040x S. 2012 1040x withholding agent with withholding rate pools. 2012 1040x A withholding rate pool is a payment of a single type of income that is subject to a single rate of withholding. 2012 1040x   A QI is required to provide the U. 2012 1040x S. 2012 1040x withholding agent with information regarding U. 2012 1040x S. 2012 1040x persons subject to Form 1099 information reporting unless the QI assumes the primary obligation to do Form 1099 reporting and backup withholding. 2012 1040x   If a QI obtains documentary evidence under the “know-your-customer” rules that apply to the QI under local law, and the documentary evidence is of a type specified in an attachment to the QI agreement, the documentary evidence remains valid until there is a change in circumstances or the QI knows the information is incorrect. 2012 1040x This indefinite validity period rule does not apply to Forms W-8 or to documentary evidence that is not of the type specified in the attachment to the agreement. 2012 1040x Form 1042-S reporting. 2012 1040x   A QI is permitted to report payments made to its direct foreign account holders on a pooled basis rather than reporting payments to each direct account holder specifically. 2012 1040x Pooled basis reporting is not available for payments to certain account holders, such as a nonqualified intermediary or a flow-through entity (discussed earlier). 2012 1040x Collective refund procedures. 2012 1040x   A QI may seek a refund on behalf of its direct account holders. 2012 1040x The direct account holders, therefore, are not required to file returns with the IRS to obtain refunds, but rather may obtain them from the QI. 2012 1040x U. 2012 1040x S. 2012 1040x branches of foreign banks and foreign insurance companies. 2012 1040x   Special rules apply to a U. 2012 1040x S. 2012 1040x branch of a foreign bank subject to Federal Reserve Board supervision or a foreign insurance company subject to state regulatory supervision. 2012 1040x If you agree to treat the branch as a U. 2012 1040x S. 2012 1040x person, you may treat the branch as a U. 2012 1040x S. 2012 1040x payee for a payment subject to NRA withholding provided you receive a Form W-8IMY from the U. 2012 1040x S. 2012 1040x branch on which the agreement is evidenced. 2012 1040x If you treat the branch as a U. 2012 1040x S. 2012 1040x payee, you are not required to withhold. 2012 1040x Even though you agree to treat the branch as a U. 2012 1040x S. 2012 1040x person, you must report the payment on Form 1042-S. 2012 1040x   A financial institution organized in a U. 2012 1040x S. 2012 1040x possession is treated as a U. 2012 1040x S. 2012 1040x branch. 2012 1040x The special rules discussed in this section apply to a possessions financial institution. 2012 1040x   If you are paying a U. 2012 1040x S. 2012 1040x branch an amount that is not subject to NRA withholding, treat the payment as made to a foreign person, irrespective of any agreement to treat the branch as a U. 2012 1040x S. 2012 1040x person for amounts subject to NRA withholding. 2012 1040x Consequently, amounts not subject to NRA withholding that are paid to a U. 2012 1040x S. 2012 1040x branch are not subject to Form 1099 reporting or backup withholding. 2012 1040x   Alternatively, a U. 2012 1040x S. 2012 1040x branch may provide you with a Form W-8IMY with which it associates the documentation of the persons on whose behalf it acts. 2012 1040x In this situation, the payees are the persons on whose behalf the branch acts provided you can reliably associate the payment with valid documentation from those persons. 2012 1040x See Nonqualified Intermediaries under  Documentation, later. 2012 1040x   If the U. 2012 1040x S. 2012 1040x branch does not provide you with a Form W-8IMY, then you should treat a payment subject to NRA withholding as made to the foreign person of which the branch is a part and the income as effectively connected with the conduct of a trade or business in the United States. 2012 1040x Withholding foreign partnership and foreign trust. 2012 1040x   A withholding foreign partnership (WP) is any foreign partnership that has entered into a WP withholding agreement with the IRS and is acting in that capacity. 2012 1040x A withholding foreign trust (WT) is a foreign simple or grantor trust that has entered into a WT withholding agreement with the IRS and is acting in that capacity. 2012 1040x   A WP or WT may act in that capacity only for payments of amounts subject to NRA withholding that are distributed to, or included in the distributive share of, its direct partners, beneficiaries, or owners. 2012 1040x A WP or WT acting in that capacity must assume NRA withholding responsibility for these amounts. 2012 1040x You may treat a WP or WT as a payee if it has provided you with documentation (discussed later) that represents that it is acting as a WP or WT for such amounts. 2012 1040x WP and WT withholding agreements. 2012 1040x   The WP and WT withholding agreements and the application procedures for the agreements are in Revenue Procedure 2003-64. 2012 1040x Also see the following items. 2012 1040x Revenue Procedure 2004-21. 2012 1040x Revenue Procedure 2005-77. 2012 1040x Employer identification number (EIN). 2012 1040x   A completed Form SS-4 must be submitted with the application for being a WP or WT. 2012 1040x The WP or WT will be assigned a WP-EIN or WT-EIN to be used only when acting in that capacity. 2012 1040x Documentation. 2012 1040x   A WP or WT must provide you with a Form W-8IMY that certifies that the WP or WT is acting in that capacity and a written statement identifying the amounts for which it is so acting. 2012 1040x The statement is not required to contain withholding rate pool information or any information relating to the identity of a direct partner, beneficiary, or owner. 2012 1040x The Form W-8IMY must contain the WP-EIN or WT-EIN. 2012 1040x Foreign Persons A payee is subject to NRA withholding only if it is a foreign person. 2012 1040x A foreign person includes a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, foreign estate, and any other person that is not a U. 2012 1040x S. 2012 1040x person. 2012 1040x It also includes a foreign branch of a U. 2012 1040x S. 2012 1040x financial institution if the foreign branch is a qualified intermediary. 2012 1040x In most cases, the U. 2012 1040x S. 2012 1040x branch of a foreign corporation or partnership is treated as a foreign person. 2012 1040x Nonresident alien. 2012 1040x   A nonresident alien is an individual who is not a U. 2012 1040x S. 2012 1040x citizen or a resident alien. 2012 1040x A resident of a foreign country under the residence article of an income tax treaty is a nonresident alien individual for purposes of withholding. 2012 1040x Married to U. 2012 1040x S. 2012 1040x citizen or resident alien. 2012 1040x   Nonresident alien individuals married to U. 2012 1040x S. 2012 1040x citizens or resident aliens may choose to be treated as resident aliens for certain income tax purposes. 2012 1040x However, these individuals are still subject to the NRA withholding rules that apply to nonresident aliens for all income except wages. 2012 1040x Wages paid to these individuals are subject to graduated withholding. 2012 1040x See Wages Paid to Employees—Graduated Withholding . 2012 1040x Resident alien. 2012 1040x   A resident alien is an individual who is not a citizen or national of the United States and who meets either the green card test or the substantial presence test for the calendar year. 2012 1040x Green card test. 2012 1040x An alien is a resident alien if the individual was a lawful permanent resident of the United States at any time during the calendar year. 2012 1040x This is known as the green card test because these aliens hold immigrant visas (also known as green cards). 2012 1040x Substantial presence test. 2012 1040x An alien is considered a resident alien if the individual meets the substantial presence test for the calendar year. 2012 1040x Under this test, the individual must be physically present in the United States on at least: 31 days during the current calendar year, and 183 days during the current year and the 2 preceding years, counting all the days of physical presence in the current year, but only 1/3 the number of days of presence in the first preceding year, and only 1/6 the number of days in the second preceding year. 2012 1040x   In most cases, the days the alien is in the United States as a teacher, student, or trainee on an “F,” “J,” “M,” or “Q” visa are not counted. 2012 1040x This exception is for a limited period of time. 2012 1040x   For more information on resident and nonresident status, the tests for residence, and the exceptions to them, see Publication 519. 2012 1040x Note. 2012 1040x   If your employee is late in notifying you that his or her status changed from nonresident alien to resident alien, you may have to make an adjustment to Form 941 if that employee was exempt from withholding of social security and Medicare taxes as a nonresident alien. 2012 1040x For more information on making adjustments, see chapter 13 of Publication 15 (Circular E). 2012 1040x Resident of a U. 2012 1040x S. 2012 1040x possession. 2012 1040x   A bona fide resident of Puerto Rico, the U. 2012 1040x S. 2012 1040x Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands (CNMI), or American Samoa who is not a U. 2012 1040x S. 2012 1040x citizen or a U. 2012 1040x S. 2012 1040x national is treated as a nonresident alien for the withholding rules explained here. 2012 1040x A bona fide resident of a possession is someone who: Meets the presence test, Does not have a tax home outside the possession, and Does not have a closer connection to the United States or to a foreign country than to the possession. 2012 1040x   For more information, see Publication 570, Tax Guide for Individuals With Income From U. 2012 1040x S. 2012 1040x Possessions. 2012 1040x Foreign corporations. 2012 1040x   A foreign corporation is one that does not fit the definition of a domestic corporation. 2012 1040x A domestic corporation is one that was created or organized in the United States or under the laws of the United States, any of its states, or the District of Columbia. 2012 1040x Guam or Northern Mariana Islands corporations. 2012 1040x   A corporation created or organized in, or under the laws of, Guam or the CNMI is not considered a foreign corporation for the purpose of withholding tax for the tax year if: At all times during the tax year less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign persons; and At least 20% of the corporation's gross income is derived from sources within Guam or the CNMI for the 3-year period ending with the close of the preceding tax year of the corporation (or the period the corporation has been in existence, if less). 2012 1040x Note. 2012 1040x   The provisions discussed below under U. 2012 1040x S. 2012 1040x Virgin Islands and American Samoa corporations will apply to Guam or CNMI corporations when an implementing agreement is in effect between the United States and that possession. 2012 1040x U. 2012 1040x S. 2012 1040x Virgin Islands and American Samoa corporations. 2012 1040x   A corporation created or organized in, or under the laws of, the U. 2012 1040x S. 2012 1040x Virgin Islands or American Samoa is not considered a foreign corporation for the purposes of withholding tax for the tax year if: At all times during the tax year less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign persons, At least 65% of the corporation's gross income is effectively connected with the conduct of a trade or business in the U. 2012 1040x S. 2012 1040x Virgin Islands, American Samoa, Guam, the CNMI, or the United States for the 3-year period ending with the close of the tax year of the corporation (or the period the corporation or any predecessor has been in existence, if less), and No substantial part of the income of the corporation is used, directly or indirectly, to satisfy obligations to a person who is not a bona fide resident of the U. 2012 1040x S. 2012 1040x Virgin Islands, American Samoa, Guam, the CNMI, or the United States. 2012 1040x Foreign private foundations. 2012 1040x   A private foundation that was created or organized under the laws of a foreign country is a foreign private foundation. 2012 1040x Gross investment income from sources within the United States paid to a qualified foreign private foundation is subject to NRA withholding at a 4% rate (unless exempted by a treaty) rather than the ordinary statutory 30% rate. 2012 1040x Other foreign organizations, associations, and charitable institutions. 2012 1040x   An organization may be exempt from income tax under section 501(a) of the Internal Revenue Code even if it was formed under foreign law. 2012 1040x In most cases, you do not have to withhold tax on payments of income to these foreign tax-exempt organizations unless the IRS has determined that they are foreign private foundations. 2012 1040x   Payments to these organizations, however, must be reported on Form 1042-S, even though no tax is withheld. 2012 1040x   You must withhold tax on the unrelated business income (as described in Publication 598, Tax on Unrelated Business Income of Exempt Organizations) of foreign tax-exempt organizations in the same way that you would withhold tax on similar income of nonexempt organizations. 2012 1040x U. 2012 1040x S. 2012 1040x branches of foreign persons. 2012 1040x   In most cases, a payment to a U. 2012 1040x S. 2012 1040x branch of a foreign person is a payment made to the foreign person. 2012 1040x However, you may treat payments to U. 2012 1040x S. 2012 1040x branches of foreign banks and foreign insurance companies (discussed earlier) that are subject to U. 2012 1040x S. 2012 1040x regulatory supervision as payments made to a U. 2012 1040x S. 2012 1040x person, if you and the U. 2012 1040x S. 2012 1040x branch have agreed to do so, and if their agreement is evidenced by a withholding certificate, Form W-8IMY. 2012 1040x For this purpose, a financial institution organized under the laws of a U. 2012 1040x S. 2012 1040x possession is treated as a U. 2012 1040x S. 2012 1040x branch. 2012 1040x Documentation In most cases, you must withhold 30% from the gross amount paid to a foreign payee unless you can reliably associate the payment with valid documentation that establishes either of the following. 2012 1040x The payee is a U. 2012 1040x S. 2012 1040x person. 2012 1040x The payee is a foreign person that is the beneficial owner of the income and is entitled to a reduced rate of withholding. 2012 1040x In most cases, you must get the documentation before you make the payment. 2012 1040x The documentation is not valid if you know, or have reason to know, that it is unreliable or incorrect. 2012 1040x See Standards of Knowledge , later. 2012 1040x If you cannot reliably associate a payment with valid documentation, you must use the presumption rules discussed later. 2012 1040x For example, if you do not have documentation or you cannot determine the part of a payment that is allocable to specific documentation, you must use the presumption rules. 2012 1040x The specific types of documentation are discussed in this section. 2012 1040x However, see Withholding on Specific Income , later, as well as the instructions to the particular forms. 2012 1040x As the withholding agent, you also may want to see the Instructions for the Requester of Forms W-8BEN, W-8ECI, W-8EXP, and W-8IMY. 2012 1040x Section 1446 withholding. 2012 1040x   Under section 1446 of the Code, a partnership must withhold tax on its effectively connected income allocable to a foreign partner. 2012 1040x In most cases, a partnership determines if a partner is a foreign partner and the partner's tax classification based on the withholding certificate provided by the partner. 2012 1040x This is the same documentation that is filed for NRA withholding, but may require additional information as discussed under each of the forms in this section. 2012 1040x Joint owners. 2012 1040x    If you make a payment to joint owners, you need to get documentation from each owner. 2012 1040x Form W-9. 2012 1040x   In most cases, you can treat the payee as a U. 2012 1040x S. 2012 1040x person if the payee gives you a Form W-9. 2012 1040x The Form W-9 can be used only by a U. 2012 1040x S. 2012 1040x person and must contain the payee's taxpayer identification number (TIN). 2012 1040x If there is more than one owner, you may treat the total amount as paid to a U. 2012 1040x S. 2012 1040x person if any one of the owners gives you a Form W-9. 2012 1040x See U. 2012 1040x S. 2012 1040x Taxpayer Identification Numbers , later. 2012 1040x U. 2012 1040x S. 2012 1040x persons are not subject to NRA withholding, but may be subject to Form 1099 reporting and backup withholding. 2012 1040x Form W-8. 2012 1040x   In most cases, a foreign payee of the income should give you a form in the Form W-8 series. 2012 1040x Until further notice, you can rely upon Forms W-8 that contain a P. 2012 1040x O. 2012 1040x box as a permanent residence address provided you do not know, or have reason to know, that the person providing the form is a U. 2012 1040x S. 2012 1040x person and that a street address is available. 2012 1040x You may rely on Forms W-8 for which there is a U. 2012 1040x S. 2012 1040x mailing address provided you received the form prior to December 31, 2001. 2012 1040x   If certain requirements are met, the foreign person can give you documentary evidence, rather than a Form W-8. 2012 1040x You can rely on documentary evidence in lieu of a Form W-8 for a payment made in a U. 2012 1040x S. 2012 1040x possession. 2012 1040x Other documentation. 2012 1040x   Other documentation may be required to claim an exemption from, or a reduced rate of, withholding on pay for personal services. 2012 1040x The nonresident alien individual may have to give you a Form W-4 or a Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual. 2012 1040x These forms are discussed in Pay for Personal Services Performed under Withholding on Specific Income. 2012 1040x Beneficial Owners If all the appropriate requirements have been established on a Form W-8BEN, W-8ECI, W-8EXP or, if applicable, on documentary evidence, you may treat the payee as a foreign beneficial owner. 2012 1040x Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding. 2012 1040x   This form is used by a foreign person to: Establish foreign status; Claim that such person is the beneficial owner of the income for which the form is being furnished or a partner in a partnership subject to section 1446 withholding; and If applicable, claim a reduced rate of, or exemption from, withholding under an income tax treaty. 2012 1040x   Form W-8BEN also may be used to claim that the foreign person is exempt from Form 1099 reporting and backup withholding for income that is not subject to NRA withholding. 2012 1040x For example, a foreign person may provide a Form W-8BEN to a broker to establish that the gross proceeds from the sale of securities are not subject to Form 1099 reporting or backup withholding. 2012 1040x Claiming treaty benefits. 2012 1040x   You may apply a reduced rate of withholding to a foreign person that provides a Form W-8BEN claiming a reduced rate of withholding under an income tax treaty only if the person provides a U. 2012 1040x S. 2012 1040x TIN and certifies that: It is a resident of a treaty country; It is the beneficial owner of the income; If it is an entity, it derives the income within the meaning of section 894 of the Internal Revenue Code (it is not fiscally transparent); and It meets any limitation on benefits provision contained in the treaty, if applicable. 2012 1040x   If the foreign beneficial owner claiming a treaty benefit is related to you, the foreign beneficial owner also must certify on Form W-8BEN that it will file Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), if the amount subject to NRA withholding received during a calendar year exceeds, in the aggregate, $500,000. 2012 1040x   An entity derives income for which it is claiming treaty benefits only if the entity is not treated as fiscally transparent for that income. 2012 1040x See Fiscally transparent entity discussed earlier under Flow-Through Entities. 2012 1040x   Limitations on benefits provisions generally prohibit third country residents from obtaining treaty benefits. 2012 1040x For example, a foreign corporation may not be entitled to a reduced rate of withholding unless a minimum percentage of its owners are citizens or residents of the United States or the treaty country. 2012 1040x   The exemptions from, or reduced rates of, U. 2012 1040x S. 2012 1040x tax vary under each treaty. 2012 1040x You must check the provisions of the tax treaty that apply. 2012 1040x Tables at the end of this publication show the countries with which the United States has income tax treaties and the rates of withholding that apply in cases where all conditions of the particular treaty articles are satisfied. 2012 1040x   If you know, or have reason to know, that an owner of income is not eligible for treaty benefits claimed, you must not apply the treaty rate. 2012 1040x You are not, however, responsible for misstatements on a Form W-8, documentary evidence, or statements accompanying documentary evidence for which you did not have actual knowledge, or reason to know, that the statements were incorrect. 2012 1040x Exceptions to TIN requirement. 2012 1040x   A foreign person does not have to provide a TIN to claim a reduced rate of withholding under a treaty if the requirements for the following exceptions are met. 2012 1040x Income from marketable securities (discussed next). 2012 1040x Unexpected payments to an individual (discussed under U. 2012 1040x S. 2012 1040x Taxpayer Identification Numbers ). 2012 1040x Marketable securities. 2012 1040x   A Form W-8BEN provided to claim treaty benefits does not need a U. 2012 1040x S. 2012 1040x TIN if the foreign beneficial owner is claiming the benefits on income from marketable securities. 2012 1040x For this purpose, income from a marketable security consists of the following items. 2012 1040x Dividends and interest from stocks and debt obligations that are actively traded. 2012 1040x Dividends from any redeemable security issued by an investment company registered under the Investment Company Act of 1940 (mutual fund). 2012 1040x Dividends, interest, or royalties from units of beneficial interest in a unit investment trust that are (or were upon issuance) publicly offered and are registered with the SEC under the Securities Act of 1933. 2012 1040x Income related to loans of any of the above securities. 2012 1040x Offshore accounts. 2012 1040x   If a payment is made outside the United States to an offshore account, a payee may give you documentary evidence, rather than Form W-8BEN. 2012 1040x   In most cases, a payment is made outside the United States if you complete the acts necessary to effect the payment outside the United States. 2012 1040x However, an amount paid by a bank or other financial institution on a deposit or account usually will be treated as paid at the branch or office where the amount is credited. 2012 1040x An offshore account is an account maintained at an office or branch of a U. 2012 1040x S. 2012 1040x or foreign bank or other financial institution at any location outside the United States. 2012 1040x   You may rely on documentary evidence given to you by a nonqualified intermediary or a flow-through entity with its Form W-8IMY. 2012 1040x This rule applies even though you make the payment to a nonqualified intermediary or flow-through entity in the United States. 2012 1040x In most cases, the nonqualified intermediary or flow-through entity that gives you documentary evidence also will have to give you a withholding statement, discussed later. 2012 1040x Documentary evidence. 2012 1040x   You may apply a reduced rate of withholding to income from marketable securities (discussed earlier) paid outside the United States to an offshore account if the beneficial owner gives you documentary evidence in place of a Form W-8BEN. 2012 1040x To claim treaty benefits, the documentary evidence must be one of the following: A certificate of residence that: Is issued by a tax official of the treaty country of which the foreign beneficial owner claims to be a resident, States that the person has filed its most recent income tax return as a resident of that country, and Is issued within 3 years prior to being presented to you. 2012 1040x Documentation for an individual that: Includes the individual's name, address, and photograph, Is an official document issued by an authorized governmental body, and Is issued no more than 3 years prior to being presented to you. 2012 1040x Documentation for an entity that: Includes the name of the entity, Includes the address of its principal office in the treaty country, and Is an official document issued by an authorized governmental body. 2012 1040x In addition to the documentary evidence, a foreign beneficial owner that is an entity must provide a statement that it derives the income for which it claims treaty benefits and that it meets one or more of the conditions set forth in a limitation on benefits article, if any, (or similar provision) contained in the applicable treaty. 2012 1040x Form W-8ECI, Certificate of Foreign Person's Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States. 2012 1040x   This form is used by a foreign person to: Establish foreign status, Claim that such person is the beneficial owner of the income for which the form is being furnished, and Claim that the income is effectively connected with the conduct of a trade or business in the United States. 2012 1040x (See Effectively Connected Income , later. 2012 1040x )   Effectively connected income for which a valid Form W-8ECI has been provided is generally not subject to NRA withholding. 2012 1040x   If a partner submits this form to a partnership, the income claimed to be effectively connected with the conduct of a U. 2012 1040x S. 2012 1040x trade or business is subject to withholding under section 1446. 2012 1040x If the partner has made, or will make, an election under section 871(d) or 882(d), the partner must submit Form W-8ECI, and attach a copy of the election, or a statement of intent to elect, to the form. 2012 1040x    If the partner's only effectively connected income is the income allocated from the partnership and the partner is not making the election under section 871(d) or 882(d), the partner should provide Form W-8BEN to the partnership. 2012 1040x Form W-8EXP, Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding. 2012 1040x   This form is used by a foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U. 2012 1040x S. 2012 1040x possession to: Establish foreign status, Claim that such person is the beneficial owner of the income for which the form is being furnished, and Claim a reduced rate of, or an exemption from, withholding as such an entity. 2012 1040x   If the government or organization is a partner in a partnership carrying on a trade or business in the United States, the effectively connected income allocable to the partner is subject to withholding under section 1446. 2012 1040x   See Foreign Governments and Certain Other Foreign Organizations , later. 2012 1040x Foreign Intermediaries and Foreign Flow-Through Entities Payments made to a foreign intermediary or foreign flow-through entity are treated as made to the payees on whose behalf the intermediary or entity acts. 2012 1040x The Form W-8IMY provided by a foreign intermediary or flow-through entity must be accompanied by additional information for you to be able to reliably associate the payment with a payee. 2012 1040x The additional information required depends on the type of intermediary or flow-through entity and the extent of the withholding responsibilities it assumes. 2012 1040x Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U. 2012 1040x S. 2012 1040x Branches for United States Tax Withholding. 2012 1040x   This form is used by foreign intermediaries and foreign flow-through entities, as well as certain U. 2012 1040x S. 2012 1040x branches, to: Represent that a foreign person is a qualified intermediary or nonqualified intermediary, Represent, if applicable, that the qualified intermediary is assuming primary NRA withholding responsibility and/or primary Form 1099 reporting and backup withholding responsibility, Represent that a foreign partnership or a foreign simple or grantor trust is a withholding foreign partnership or a withholding foreign trust, Represent that a foreign flow-through entity is a nonwithholding foreign partnership, or a nonwithholding foreign trust and that the income is not effectively connected with the conduct of a trade or business in the United States, Represent that the provider is a U. 2012 1040x S. 2012 1040x branch of a foreign bank or insurance company and either is agreeing to be treated as a U. 2012 1040x S. 2012 1040x person or is transmitting documentation of the persons on whose behalf it is acting, or Represent that, for purposes of section 1446, it is an upper-tier foreign partnership or a foreign grantor trust and that the form is being used to transmit the required documentation. 2012 1040x For information on qualifying as an upper-tier foreign partnership, see Regulations section 1. 2012 1040x 1446-5. 2012 1040x Qualified Intermediaries In most cases, a QI is any foreign intermediary that has entered into a QI withholding agreement (discussed earlier) with the IRS. 2012 1040x A foreign intermediary that has received a QI employer identification number (QI-EIN) may represent on Form W-8IMY that it is a QI before it receives a fully executed agreement. 2012 1040x The intermediary can claim that it is a QI until the IRS revokes its QI-EIN. 2012 1040x The IRS will revoke a QI-EIN if the QI agreement is not executed and returned to the IRS within a reasonable period of time after the agreement was sent to the intermediary for signature. 2012 1040x Responsibilities. 2012 1040x   Payments made to a QI that does not assume NRA withholding responsibility are treated as paid to its account holders and customers. 2012 1040x However, a QI is not required to provide you with documentation it obtains from its foreign account holders and customers. 2012 1040x Instead, it provides you with a withholding statement that contains withholding rate pool information. 2012 1040x A withholding rate pool is a payment of a single type of income, determined in accordance with the categories of income reported on Form 1042-S that is subject to a single rate of withholding. 2012 1040x A qualified intermediary is required to provide you with information regarding U. 2012 1040x S. 2012 1040x persons subject to Form 1099 reporting and to provide you withholding rate pool information separately for each such U. 2012 1040x S. 2012 1040x person unless it has assumed Form 1099 reporting and backup withholding responsibility. 2012 1040x For the alternative procedure for providing rate pool information for U. 2012 1040x S. 2012 1040x non-exempt persons, see the Form W-8IMY instructions. 2012 1040x   The withholding statement must: Designate those accounts for which it acts as a qualified intermediary, Designate those accounts for which it assumes primary NRA withholding responsibility and/or primary Form 1099 and backup withholding responsibility, and Provide sufficient information for you to allocate the payment to a withholding rate pool. 2012 1040x   The extent to which you must have withholding rate pool information depends on the withholding and reporting obligations assumed by the QI. 2012 1040x Primary responsibility not assumed. 2012 1040x   If a QI does not assume primary NRA withholding responsibility or primary Form 1099 reporting and backup withholding responsibility for the payment, you can reliably associate the payment with valid documentation only to the extent you can reliably determine the part of the payment that relates to each withholding rate pool for foreign payees. 2012 1040x Unless the alternative procedure applies, the qualified intermediary must provide you with a separate withholding rate pool for each U. 2012 1040x S. 2012 1040x person subject to Form 1099 reporting and/or backup withholding. 2012 1040x The QI must provide a Form W-9 or, in the absence of the form, the name, address, and TIN, if available, for such person. 2012 1040x Primary NRA withholding responsibility assumed. 2012 1040x   If you make a payment to a QI that assumes primary NRA withholding responsibility (but not primary Form 1099 reporting and backup withholding responsibility), you can reliably associate the payment with valid documentation only to the extent you can reliably determine the part of the payment that relates to the withholding rate pool for which the QI assumes primary NRA withholding responsibility and the part of the payment attributable to withholding rate pools for each U. 2012 1040x S. 2012 1040x person, unless the alternative procedure applies, subject to Form 1099 reporting and/or backup withholding. 2012 1040x The QI must provide a Form W-9 or, in the absence of the form, the name, address, and TIN, if available, for such person. 2012 1040x Primary NRA and Form 1099 responsibility assumed. 2012 1040x   If you make a payment to a QI that assumes both primary NRA withholding responsibility and primary Form 1099 reporting and backup withholding responsibility, you can reliably associate a payment with valid documentation provided that you receive a valid Form W-8IMY. 2012 1040x It is not necessary to associate the payment with withholding rate pools. 2012 1040x Example. 2012 1040x You make a payment of dividends to a QI. 2012 1040x It has five customers: two are foreign persons who have provided documentation entitling them to a 15% rate of withholding on dividends; two are foreign persons subject to a 30% rate of withholding on dividends; and one is a U. 2012 1040x S. 2012 1040x individual who provides it with a Form W-9. 2012 1040x Each customer is entitled to 20% of the dividend payment. 2012 1040x The QI does not assume any primary withholding responsibility. 2012 1040x The QI gives you a Form W-8IMY with which it associates the Form W-9 and a withholding statement that allocates 40% of the dividend to a 15% withholding rate pool, 40% to a 30% withholding rate pool, and 20% to the U. 2012 1040x S. 2012 1040x individual. 2012 1040x You should report on Forms 1042-S 40% of the payment as made to a 15% rate dividend pool and 40% of the payment as made to a 30% rate dividend pool. 2012 1040x The part of the payment allocable to the U. 2012 1040x S. 2012 1040x individual (20%) is reportable on Form 1099-DIV. 2012 1040x Smaller partnerships and trusts. 2012 1040x   A QI may apply special rules to a smaller partnership or trust (Joint Account Provision) only if the partnership or trust meets the following conditions. 2012 1040x It is a foreign partnership or foreign simple or grantor trust. 2012 1040x It is a direct account holder of the QI. 2012 1040x It does not have any partner, beneficiary, or owner that is a U. 2012 1040x S. 2012 1040x person or a pass- through partner, beneficiary, or owner. 2012 1040x   For information on these rules, see section 4A. 2012 1040x 01 of the QI agreement. 2012 1040x This is found in Appendix 3 of Revenue Procedure 2003-64. 2012 1040x Also see Revenue Procedure 2004-21. 2012 1040x Related partnerships and trusts. 2012 1040x    A QI may apply special rules to a related partnership or trust only if the partnership or trust meets the following conditions. 2012 1040x It is a foreign partnership or foreign simple or grantor trust. 2012 1040x It is either: A direct account holder of the QI, or An indirect account holder of the QI that is a direct partner, beneficiary, or owner of a partnership or trust to which the QI has applied this rule. 2012 1040x For information on these rules, see section 4A. 2012 1040x 02 of the QI agreement. 2012 1040x This is found in Appendix 3 of Revenue Procedure 2003-64. 2012 1040x Also see Revenue Procedure 2005-77. 2012 1040x Nonqualified Intermediaries If you are making a payment to an NQI, foreign flow-through entity, or U. 2012 1040x S. 2012 1040x branch that is using Form W-8IMY to transmit information about the branch's account holders or customers, you can treat the payment (or a part of the payment) as reliably associated with valid documentation from a specific payee only if, prior to making the payment: You can allocate the payment to a valid Form W-8IMY, You can reliably determine how much of the payment relates to valid documentation provided by a payee (a person that is not itself a foreign intermediary, flow- through entity, or U. 2012 1040x S. 2012 1040x branch), and You have sufficient information to report the payment on Form 1042-S or Form 1099, if reporting is required. 2012 1040x The NQI, flow-through entity, or U. 2012 1040x S. 2012 1040x branch must give you certain information on a withholding statement that is associated with the Form W-8IMY. 2012 1040x A withholding statement must be updated to keep the information accurate prior to each payment. 2012 1040x Withholding statement. 2012 1040x   In most cases, a withholding statement must contain the following information. 2012 1040x The name, address, and TIN (if any, or if required) of each person for whom documentation is provided. 2012 1040x The type of documentation (documentary evidence, Form W-8, or Form W-9) for every person for whom documentation has been provided. 2012 1040x The status of the person for whom the documentation has been provided, such as whether the person is a U. 2012 1040x S. 2012 1040x exempt recipient (U. 2012 1040x S. 2012 1040x person exempt from Form 1099 reporting), U. 2012 1040x S. 2012 1040x non-exempt recipient (U. 2012 1040x S. 2012 1040x person subject to Form 1099 reporting), or a foreign person. 2012 1040x For a foreign person, the statement must indicate whether the person is a beneficial owner or a foreign intermediary, flow-through entity, or a U. 2012 1040x S. 2012 1040x branch. 2012 1040x The type of recipient the person is, based on the recipient codes used on Form 1042-S. 2012 1040x Information allocating each payment, by income type, to each payee (including U. 2012 1040x S. 2012 1040x exempt and U. 2012 1040x S. 2012 1040x non-exempt recipients) for whom documentation has been provided. 2012 1040x The rate of withholding that applies to each foreign person to whom a payment is allocated. 2012 1040x A foreign payee's country of residence. 2012 1040x If a reduced rate of withholding is claimed, the basis for a reduced rate of withholding (for example, portfolio interest, treaty benefit, etc. 2012 1040x ). 2012 1040x In the case of treaty benefits claimed by entities, whether the applicable limitation on benefits statement and the statement that the foreign person derives the income for which treaty benefits are claimed, have been made. 2012 1040x The name, address, and TIN (if any) of any other NQI, flow-through entity, or U. 2012 1040x S. 2012 1040x branch from which the payee will directly receive a payment. 2012 1040x Any other information a withholding agent requests to fulfill its reporting and withholding obligations. 2012 1040x Alternative procedure. 2012 1040x   Under this alternative procedure the NQI can give you the information that allocates each payment to each foreign and U. 2012 1040x S. 2012 1040x exempt recipient by January 31 following the calendar year of payment, rather than prior to the payment being made as otherwise required. 2012 1040x To take advantage of this procedure, the NQI must: (a) inform you, on its withholding statement, that it is using the alternative procedure; and (b) obtain your consent. 2012 1040x You must receive the withholding statement with all the required information (other than item 5) prior to making the payment. 2012 1040x    This alternative procedure cannot be used for payments to U. 2012 1040x S. 2012 1040x non-exempt recipients. 2012 1040x Therefore, an NQI must always provide you with allocation information for all U. 2012 1040x S. 2012 1040x non-exempt recipients prior to a payment being made. 2012 1040x Pooled withholding information. 2012 1040x   If an NQI uses the alternative procedure, it must provide you with withholding rate pool information, as opposed to individual allocation information, prior to the payment of a reportable amount. 2012 1040x A withholding rate pool is a payment of a single type of income (as determined by the income categories on Form 1042-S) that is subject to a single rate of withholding. 2012 1040x For example, an NQI that has foreign account holders receiving royalties and dividends, both subject to the 15% rate, will provide you with information for two withholding rate pools (one for royalties and one for dividends). 2012 1040x The NQI must provide you with the payee specific allocation information (information allocating each payment to each payee) by January 31 following the calendar year of payment. 2012 1040x Failure to provide allocation information. 2012 1040x   If an NQI fails to provide you with the payee specific allocation information for a withholding rate pool by January 31, you must not apply the alternative procedure to any of the NQI's withholding rate pools from that date forward. 2012 1040x You must treat the payees as undocumented and apply the presumption rules, discussed later in Presumption Rules . 2012 1040x An NQI is deemed to have f
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Consumer Protection Offices

City, county, regional, and state consumer offices offer a variety of important services. They might mediate complaints, conduct investigations, prosecute offenders of consumer laws, license and regulate professional service providers, provide educational materials and advocate for consumer rights. To save time, call before sending a written complaint. Ask if the office handles the type of complaint you have and if complaint forms are provided.

State Consumer Protection Offices

Virginia Office of the Attorney General

Website: Virginia Office of the Attorney General

Address: Virginia Office of the Attorney General
Consumer Protection Section
900 E. Main St.
Richmond, VA 23219

Phone Number: 804-786-2042

Toll-free: 1-800-552-9963 (VA)

TTY: 1-800-828-1120

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Regional Consumer Protection Offices

Office of the Attorney General- Northern Virginia

Website: Office of the Attorney General- Northern Virginia

Address: Office of the Attorney General- Northern Virginia
10555 Main St., Suite 350
Fairfax, VA 22030

Phone Number: 703-277-3540

Office of the Attorney General- Southwest Region

Website: Office of the Attorney General- Southwest Region

Address: Office of the Attorney General- Southwest Region
204 Abingdon Place
Abingdon, VA 24211

Phone Number: 276-628-2759

Office of the Attorney General- Western Region

Website: Office of the Attorney General- Western Region

Address: Office of the Attorney General- Western Region
3033 Peters Creek Rd.
Roanoke, VA 24019

Phone Number: 540-562-3570

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County Consumer Protection Offices

Fairfax County Department of Cable Communications and Consumer Protection

Website: Fairfax County Department of Cable Communications and Consumer Protection

Address: Fairfax County Department of Cable Communications and Consumer Protection
12000 Government Center Pkwy., Suite 433
Fairfax, VA 22035

Phone Number: 703-222-8435

TTY: 711

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Banking Authorities

The officials listed in this section regulate and supervise state-chartered banks. Many of them handle or refer problems and complaints about other types of financial institutions as well. Some also answer general questions about banking and consumer credit. If you are dealing with a federally chartered bank, check Federal Agencies.

State Corporation Commission

Website: State Corporation Commission

Address: State Corporation Commission
Bureau of Financial Institutions
PO Box 640
Richmond, VA 23218

Phone Number: 804-371-9657

Toll-free: 1-800-552-7945 (VA)

TTY: 804-371-9206

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Insurance Regulators

Each state has its own laws and regulations for each type of insurance. The officials listed in this section enforce these laws. Many of these offices can also provide you with information to help you make informed insurance buying decisions.

State Corporation Commission

Website: State Corporation Commission

Address: State Corporation Commission
Bureau of Insurance
PO Box 1157
Richmond, VA 23218-1157

Phone Number: 804-371-9741

Toll-free: 1-877-310-6560

TTY: 804-371-9206

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Securities Administrators

Each state has its own laws and regulations for securities brokers and securities - including stocks, mutual funds, commodities, real estate, etc. The officials and agencies listed in this section enforce these laws and regulations. Many of these offices can also provide information to help you make informed investment decisions.

State Corporation Commission

Website: State Corporation Commission

Address: State Corporation Commission
Division of Securities and Retail Franchising
PO Box 1197
Richmond, VA 23218

Phone Number: 804-371-9051

Toll-free: 1-800-552-7945 (VA)

TTY: 804-371-9206

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Utility Commissions

State Utility Commissions regulate services and rates for gas, electricity and telephones within your state. In some states, the utility commissions regulate other services such as water, transportation, and the moving of household goods. Many utility commissions handle consumer complaints. Sometimes, if a number of complaints are received about the same utility matter, they will conduct investigations.

State Corporation Commission

Website: State Corporation Commission

Address: State Corporation Commission
Division of Energy Regulation
PO Box 1197
Richmond, VA 23218

Phone Number: 804-371-9611

Toll-free: 1-800-552-7945 (VA)

TTY: 804-371-9206

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The 2012 1040x

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