Internal Revenue Service Instructions for Form
W-8IMY
(Rev. December 2003)
(Use with the December 2003 revision of Form W-8IMY.)
Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S.
Branches for United States Tax Withholding
Section references are to the Internal Revenue Code unless otherwise noted.
nonwithholding foreign simple or grantor trust and to General Instructions represent that the income is not effectively connected with a
U.S. trade or business, that the form is being used to Note: For definitions of terms used throughout these
transmit withholding certificates and/or documentary instructions, see Definitions on pages 2 and 3.
evidence, and that it has provided, or will provide, a
Foreign persons are subject to U.S. tax at a 30% rate on withholding statement, as required.
income they receive from U.S. sources that consists of
Note: Solely for purposes of providing this form, a reverse interest (including certain original issue discount (OID)),
hybrid entity that is providing documentation on behalf of its dividends, rents, premiums, annuities, compensation for, or
interest holders to claim a reduced rate of withholding under in expectation of, services performed, or other fixed or
a treaty is considered to be a nonqualified intermediary determinable annual or periodical (FDAP) gains, profits, or
unless it has entered into a qualified intermediary agreement income. This tax is imposed on the gross amount paid and
with the IRS. is generally collected by withholding on that amount. A
payment is considered to have been made whether it is Provide Form W-8IMY to the withholding agent or payer
made directly to the beneficial owner or to another person, before income is paid or credited to you on behalf of the
such as an intermediary, agent, trustee, executor, or beneficial owner. Failure to provide a Form W-8IMY or
partnership, for the benefit of the beneficial owner. failure to provide necessary documentation and withholding
statements to be associated with the form may lead to Note: For additional information and instructions for the
withholding at a 30% rate (foreign-person withholding) or the withholding agent, see the Instructions for the Requester
backup withholding rate. of Forms W-8BEN, W-8ECI, W-8EXP, and W-8IMY.
Who must file. Form W-8IMY must be provided by: Do not use Form W-8IMY if:
A foreign person, or a foreign branch of a U.S. person, to You are the beneficial owner of U.S. source income (other
establish that it is a qualified intermediary that is not acting than income that is effectively connected with the conduct of
for its own account, to represent that it has provided or will a trade or business within the United States) and you need
provide a withholding statement, as required, and, if to establish that you are not a U.S. person. Instead, submit
applicable, to represent that it has assumed primary Form W-8BEN, Certificate of Foreign Status of Beneficial
withholding responsibility under Chapter 3 of the Code and/ Owner for United States Tax Withholding.
or primary Form 1099 reporting and backup withholding You are the beneficial owner of U.S. source income (other
responsibility. than income that is effectively connected with the conduct of
A foreign person to establish that it is a nonqualified a trade or business within the United States) and are
intermediary that is not acting for its own account, and, if claiming a reduced rate of, or exemption from, withholding
applicable, that it is using the form to transmit withholding as a resident of a foreign country with which the United
certificates and/or other documentary evidence and has States has an income tax treaty. Instead, provide Form
provided, or will provide, a withholding statement, as W-8BEN.
required. A U.S. person cannot be a nonqualified You are filing for a hybrid entity claiming treaty benefits on
intermediary. its own behalf, or you are filing for a reverse hybrid entity
A U.S. branch of certain foreign banks or foreign and are not claiming treaty benefits on behalf of its interest
insurance companies to represent that the income it holders. Instead, provide Form W-8BEN.
receives is not effectively connected with the conduct of a You are the beneficial owner of income that is effectively
trade or business within the United States and either that it connected with the conduct of a trade or business within the
is using the form (a) as evidence of its agreement with the United States. Instead, provide Form W-8ECI, Certificate of
withholding agent to be treated as a U.S. person with Foreign Persons Claim for Exemption From Withholding on
respect to any payments associated with the Form W-8IMY Income Effectively Connected With the Conduct of a Trade
or (b) to transmit the documentation of the persons for or Business in the United States.
whom it receives a payment and has provided, or will You are a nonresident alien individual who claims
provide, a withholding statement, as required. exemption from withholding on compensation for
A foreign partnership or a foreign simple or grantor trust to independent or certain dependent personal services
establish that it is a withholding foreign partnership or performed in the United States. Instead, provide Form 8233,
withholding foreign trust and that it has provided, or will Exemption From Withholding on Compensation for
provide, a withholding statement, as required. Independent (and Certain Dependent) Personal Services of
A foreign partnership or a foreign simple or grantor trust to a Nonresident Alien Individual, or Form W-4, Employees
establish that it is a nonwithholding foreign partnership or Withholding Allowance Certificate.