Federal Instructions - Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting

Instructions - Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting
Instructions for Form W-8EXP (Rev. October 2023)
Instructions for Form
W-8EXP

Department of the Treasury
Internal Revenue Service

(Rev. October 2023)

Certificate of Foreign Government or Other Foreign Organization for United States
Tax Withholding and Reporting
Section references are to the Internal Revenue Code
unless otherwise noted.

Future Developments
For the latest information about developments related to
Form W-8EXP and its instructions, such as legislation
enacted after they were published, go to IRS.gov/
FormW8EXP.

What’s New
Purpose of form. This section has been revised to
provide additional background on the withholding regimes
that may apply to payments to foreign entities and the
exemptions to withholding that may be claimed with Form
W-8EXP. These revisions are not intended to be
substantive changes.
Qualified foreign pension funds. These instructions
have been updated to reflect final regulations published in
December 2022 (87 FR 80042) regarding qualified foreign
pension funds and claiming an exemption to withholding
under section 1445.
Non-private foundation status. The instructions to
line 13c have been updated for revisions to the supporting
information required for an entity qualifying under section
501(c)(3) to represent that it is not a foreign private
foundation. These revisions generally relate to
modifications to Rev. Proc. 92-94, 1992-2 C.B. 507
(previously referenced in these instructions) that were
made in Rev. Proc. 2017-53, 2017-40 I.R.B. 263.

General Instructions
Purpose of Form

If you receive certain types of income, you must provide
Form W-8EXP to:
• Establish that you are not a U.S. person;
• Claim that you are the beneficial owner of the income
for which Form W-8EXP is given; and
• Claim a reduced rate of, or exemption from, withholding
as a foreign government, international organization,
foreign central bank of issue, foreign tax-exempt
organization, foreign private foundation, or a government
of a U.S. territory.
In addition, a withholding qualified holder under section
1445 may use a Form W-8EXP to establish that it is
treated as a non-foreign person and claim an exemption to
withholding pursuant to section 897(l) (relating to qualified
foreign pension funds).

Nov 7, 2023

Withholding rules. Foreign persons are subject to U.S.
tax at a 30% rate on payments they receive from U.S.
sources that consist of:
• Interest (including certain original issue discount (OID));
• Dividends;
• Rents;
• Royalties;
• Premiums;
• Annuities;
• Compensation for, or in expectation of, services
performed;
• Substitute payments in a securities lending transaction;
or
• Other fixed or determinable annual or periodical gains,
profits, or income.
This tax is imposed on the gross amount paid and is
generally collected by withholding under section 1441 or
1442 on that amount. Certain payments made to foreign
private foundations are instead subject to tax at a 4% rate
under section 1443.
Under chapter 4, withholdable payments made to a
foreign entity are generally subject to withholding at a 30%
rate unless the entity has established an exemption to
withholding based on a valid chapter 4 status.
Gain or loss of a foreign person on the disposition of a
U.S. real property interest (USRPI) is taken into account
as if the gain or loss is effectively connected with a U.S.
trade or business under section 897. The transferee is
generally required to withhold tax from the amount
realized under section 1445. Certain distributions by
qualified investment entities (QIEs) that are attributable to
the disposition of USRPIs are also subject to withholding
under section 1445. Gain or loss of a foreign person that
is a qualified holder (as defined in Regulations section
1.897(l)-1(d)) on the disposition of a USRPI or on a
portion of a distribution from a qualified investment entity
that is attributable to the disposition of USRPIs is exempt
from tax under section 897 and from withholding under
section 1445. The amount realized by a foreign
partnership all the interests of which are held by qualified
holders (a withholding qualified holder as defined in
Regulations section 1.1445-1(g)(11)) on the disposition of
a USRPI or a distribution from a QIE that is attributable to
the disposition of USRPIs is exempt from withholding
under section 1445.
Foreign persons are also subject to tax at graduated
rates on income they earn that is considered effectively
connected with a U.S. trade or business. If a foreign
person holds an interest in a partnership that conducts a
U.S. trade or business, the foreign person is considered to
be engaged in a U.S. trade or business. The partnership is

Cat. No. 25903G

foreign government, international organization, foreign
central bank of issue, foreign tax-exempt organization,
foreign private foundation, or government of a U.S.
territory must provide a Form W-8EXP to a withholding
agent or payer with all necessary documentation. The
withholding agent or payer of the income may rely on a
valid Form W-8EXP to treat the payment, credit, or
allocation associated with the Form W-8EXP as being
made to a foreign government, international organization,
foreign central bank of issue, foreign tax-exempt
organization, foreign private foundation, or government of
a U.S. territory that is exempt from withholding at the 30%
rate (or, where appropriate, subject to withholding at a 4%
rate).

required to withhold tax under section 1446(a) on the
foreign person's allocable share of the partnership's
effectively connected taxable income (ECTI). A foreign
person that directly or indirectly disposes of an interest in
a partnership that conducts a U.S. trade or business may
have gain treated as effectively connected income under
section 864(c)(8). Under section 1446(f), the transferee
purchasing that partnership interest is generally required
to withhold a tax equal to 10% of the amount realized.
Exemptions to withholding. In general, payments to a
foreign government (including a foreign central bank of
issue wholly owned by a foreign sovereign) from
investments in the United States in stocks, bonds, other
domestic securities, financial instruments held in the
execution of governmental financial or monetary policy,
and interest on deposits in banks in the United States are
exempt from tax under section 892 and exempt from
withholding under sections 1441 and 1442. Payments
other than those described above, including income
derived in the United States from the conduct of a
commercial activity, income received from a controlled
commercial entity (including gain from the disposition of
any interest in a controlled commercial entity), and income
received by a controlled commercial entity, do not qualify
for exemption from tax under section 892 or exemption
from withholding under sections 1441 and 1442. See
Temporary Regulations section 1.892-3T. In addition,
certain distributions to a foreign government from a real
estate investment trust (REIT) may not be eligible for relief
from withholding and may be subject to withholding at
21% (35% for distributions made before January 1, 2018)
of the gain realized. For the definition of “commercial
activities,” see Temporary Regulations section 1.892-4T.

For purposes of section 1445, a withholding qualified
holder may establish an exemption from tax under section
897 by providing a Form W-8EXP to a withholding agent
or transferee. A withholding qualified holder is not exempt
from withholding under section 1441 or 1442 by virtue of
its status as a withholding qualified holder.
For purposes of section 1446(a), a partner may provide
a Form W-8EXP to reduce its ECTI subject to withholding
if it is a:
• Foreign tax-exempt organization (under section 501(c))
receiving an allocable share of income that is not
includible under sections 512 and 513, or
• Qualified holder under section 1445 receiving an
allocable share of income subject to section 897. See
Regulations section 1.1446-1(c)(2)(ii)(G).
In addition chapter 4 requires withholding agents to
identify the chapter 4 status of payees receiving
withholdable payments to determine whether withholding
applies under chapter 4. Under chapter 4, certain foreign
governments, foreign central banks, international
organizations, and foreign entities described in section
501(c) (other than an insurance company described in
section 501(c)(15)) are not subject to withholding under
chapter 4. A withholding agent may request this Form
W-8EXP to establish your chapter 4 status and avoid
withholding.

In general, payments to an international organization
from investment in the United States in stocks, bonds and
other domestic securities, interest on deposits in banks in
the United States, and payments from any other source
within the United States are exempt from tax under
section 892 and exempt from withholding under sections
1441 and 1442. See Temporary Regulations section
1.892-6T. Payments to a foreign central bank of issue
(whether or not wholly owned by a foreign sovereign) or to
the Bank for International Settlements from obligations of
the United States or of any agency or instrumentality
thereof, or from interest on deposits with persons carrying
on the banking business, are also generally exempt from
tax under section 895 and exempt from withholding under
sections 1441 and 1442. In addition, payments to a
foreign central bank of issue from bankers’ acceptances
are exempt from tax under section 871(i)(2)(C) and
exempt from withholding under sections 1441 and 1442.

Chapter 4 also requires participating foreign financial
institutions (FFIs) and certain registered
deemed-compliant FFIs to document entity account
holders in order to determine their chapter 4 status
regardless of whether withholding applies to any
payments made to the entities. If you maintain an account
with an FFI and have a chapter 4 status shown in Part I,
line 4 of this form, provide this Form W-8EXP when
requested by the FFI in order to document your chapter 4
status.

Payments to a foreign tax-exempt organization of
certain types of U.S. source income are also generally
exempt from tax and exempt from withholding. Gross
investment income of a foreign private foundation,
however, is subject to withholding under section 1443(b)
at a rate of 4%.

Additional information. For additional information and
instructions for the withholding agent, see the Instructions
for the Requester of Forms W–8 BEN, W–8 BEN–E, W–8
ECI, W–8 EXP, and W–8 IMY.
Who must provide Form W-8EXP. You must give Form
W-8EXP to the withholding agent or payer if you are:
• A foreign government, international organization,
foreign central bank of issue, foreign tax-exempt
organization, foreign private foundation, or government of
a U.S. territory receiving an amount subject to withholding
under sections 1441 through 1443 or a withholdable

Payments to a government of a territory of the United
States are generally exempt from tax and withholding
under section 115(2).
To establish eligibility for exemption from 30% tax and
withholding under sections 892, 895, 501(c), or 115(2), a
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Instructions for Form W-8EXP (Rev. 10-2023)

person will be the one from whom you receive the
payment (including the transferee of a USRPI), who
credits your account, or a partnership that allocates
income to you. Generally, a separate Form W-8EXP must
be given to each withholding agent.
Give Form W-8EXP to the person requesting it before
the payment is made, credited, or allocated to you or your
account. If you qualify for an exemption to tax, but do not
provide this form, the withholding agent may have to
withhold tax at the highest applicable rate. If you receive
more than one type of income from a single withholding
agent, the withholding agent may require you to submit a
Form W-8EXP for each different type of income.

payment subject to chapter 4, or are such an entity
maintaining an account with an FFI requesting this form;
• A withholding qualified holder claiming an exemption to
withholding under section 1445;
• A foreign tax-exempt organization claiming an
exemption to withholding under section 1446(a) on your
allocable share of ECTI that is not includible under section
512 and section 513 for purposes of computing unrelated
business taxable income;
• A qualified holder claiming an exemption to withholding
under section 1446(a) on its allocable share of ECTI that
is income subject to section 897; or
• Otherwise establishing your status as a non-U.S.
person (for an entity permitted to use this form under
applicable regulations).

Expiration of Form W-8EXP. Generally, a Form W-8EXP
remains in effect indefinitely until a change of
circumstances makes any information provided on the
form incorrect. In some cases, however, Form W-8EXP
will remain valid only for a period starting on the date the
form is signed and ending on the last day of the third
succeeding calendar year. For example, a Form W-8EXP
provided on February 15, 2022, by a controlled entity of a
foreign government would be subject to the 3-year validity
period and thus would expire on December 31, 2025, for
sections 1441 through 1443 purposes. For more
exceptions to the indefinite validity period, see:
• Regulations section 1.1441-1(e)(4)(ii) for sections 1441
through 1443 purposes,
• Regulation section 1.1445-5(b)(3)(ii)(B)(3) (2 years) for
1445 purposes,
• Regulation section 1.1446-1(c)(2)(iv) for section 1446
purposes, and
• Regulations section 1.1471-3(c)(6)(ii) for chapter 4
purposes.

When not to use Form W-8EXP. Do not use Form
W-8EXP if you are:
• Not a foreign government, international organization,
foreign central bank of issue, foreign tax-exempt
organization, foreign private foundation, or government of
a U.S. territory receiving amounts subject to withholding
under sections 1441 through 1443 claiming the
applicability of section 115(2), 501(c), 892, 895, or
1443(b). Instead, provide Form W-8BEN-E, or Form
W-8ECI. For example, if you are a foreign tax-exempt
organization claiming a benefit under an income tax treaty,
provide Form W-8BEN-E.
• Receiving a withholdable payment from a withholding
agent requesting this form and you do not have a
chapter 4 status identified in Part I, line 4 of this form.
• Acting as an intermediary (that is, acting not for your
own account, but for the account of others as an agent,
nominee, or custodian). Instead, provide Form W-8IMY.
• Receiving income that is effectively connected with the
conduct of a trade or business in the United States.
Instead, provide Form W-8ECI, when applicable.
• A tax-exempt organization receiving unrelated business
taxable income subject to withholding under section
1443(a). Instead, provide Form W-8BEN-E or Form
W-8ECI (as applicable) for this portion of your income.
• A foreign partnership, a foreign simple trust, a foreign
complex trust, or a foreign grantor trust. Instead, provide
Form W-8ECI, W-8BEN-E, or Form W-8IMY. However, a
foreign grantor trust is required to provide documentation
of its grantor or other owner for purposes of section 1446.
See Regulations section 1.1446-1. In addition, a foreign
partnership may use this form to establish its status as a
withholding qualified holder exempt from withholding
under section 1445.
• A foreign partnership receiving a payment subject to
withholding under section 1445 and you don't qualify as a
withholding qualified holder under section 1445 because
not all of your partners are qualified holders. In such a
case, see Regulations section 1.1445-3 for procedures to
obtain a withholding certificate to reduce withholding.
• A foreign partnership claiming an exemption or
adjustment to withholding under section 1446(f) on an
amount realized on the transfer of an interest in a
partnership.

Change in circumstances. If a change in circumstances
makes any information on the Form W-8EXP you have
submitted incorrect, you must notify the withholding agent
within 30 days of the change in circumstances and you
must file a new Form W-8EXP or other appropriate form. A
withholding qualified holder that fails to qualify as a
withholding qualified holder due to a change in
circumstances must notify the relevant entity before any
further dispositions or distributions. See Regulations
section 1.1445-5(b)(3)(ii)(B)(3).

Definitions
Amounts exempt from tax under section 895. Section
895 generally excludes from gross income and exempts
from U.S. taxation income a foreign central bank of issue
receives from obligations of the United States (or of any
agency or instrumentality thereof) or from interest on
deposits with persons carrying on the banking business
unless such obligations or deposits are held for, or used in
connection with, the conduct of commercial banking
functions or other commercial activities of the foreign
central bank of issue.
Amounts exempt from tax under section 892. Only a
foreign government or an international organization as
defined below qualifies for exemption from taxation under
section 892. Section 892 generally excludes from gross
income and exempts from U.S. taxation income a foreign
government receives from investments in the United

Giving Form W-8EXP to the withholding agent. Do
not send Form W-8EXP to the IRS. Instead, give it to the
person who is requesting it from you. Generally, this
Instructions for Form W-8EXP (Rev. 10-2023)

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Foreign partnerships, foreign simple trusts, and foreign
grantor trusts are not the beneficial owners of income paid
to the partnership or trust. The beneficial owners of
income paid to a foreign partnership are generally the
partners in the partnership, provided that the partner is not
itself a partnership, foreign simple or grantor trust,
nominee, or other agent. The beneficial owners of income
paid to a foreign simple trust (that is, a foreign trust that is
described in section 651(a)) are generally the
beneficiaries of the trust, if the beneficiary is not a foreign
partnership, foreign simple or grantor trust, nominee, or
other agent. The beneficial owners of income paid to a
foreign grantor trust (that is, a foreign trust to the extent
that all or a portion of the income of the trust is treated as
owned by the grantor or another person under sections
671 through 679) are the persons treated as the owners of
the trust. The beneficial owners of income paid to a
foreign complex trust (that is, a foreign trust that is not a
foreign simple trust or foreign grantor trust) is the trust
itself.
The beneficial owner of income paid to a foreign estate
is the estate itself.
These beneficial owner rules apply primarily for
purposes of withholding under sections 1441 and 1442.
The rules also generally apply for purposes of section
1446, with a few exceptions. See Regulations section
1.1446-1 for instances where the documentation
requirements of sections 1441 and 1442 differ from
section 1446.
For purposes of completing Form W-8EXP, a foreign
partnership that is a withholding qualified holder under
section 1445 should be identified as the beneficial owner.

States in stocks, bonds, or other domestic securities;
financial instruments held in the execution of
governmental financial or monetary policy; and interest on
deposits in banks in the United States of monies
belonging to the foreign government. Income of a foreign
government from any of the following sources is not
exempt from U.S. taxation.
• The conduct of any commercial activity.
• A controlled commercial entity.
• The disposition of any interest in a controlled
commercial entity. For the definition of “commercial
activity,” see Temporary Regulations section 1.892-4T.
Section 892 also generally excludes from gross income
and exempts from U.S. taxation income of an international
organization received from investments in the United
States in stocks, bonds, or other domestic securities and
interest on deposits in banks in the United States of
monies belonging to the international organization or from
any other source within the United States.
Amounts subject to withholding. Generally, an amount
subject to withholding under sections 1441 through 1443
is an amount from sources within the United States that is
fixed or determinable annual or periodical (FDAP) income.
FDAP income is all income included in gross income,
including interest (as well as OID), dividends, rents,
royalties, and compensation. FDAP income does not
include most gains from the sale of property (including
market discount and option premiums), as well as other
specific items of income described in Regulations section
1.1441-2 (such as interest on bank deposits and
short-term OID).
For purposes of sections 1445 and 1446(f), the amount
subject to withholding is generally the transferor's amount
realized.
For purposes of section 1446(a), the amount subject to
withholding is the foreign partner’s allocable share of the
partnership’s ECTI.
An amount subject to chapter 4 withholding is an
amount of U.S. source FDAP income that is also a
withholdable payment as defined in Regulations section
1.1473-1(a) to which an exception does not apply under
chapter 4. The exemptions from withholding or taxation
provided for under chapter 3 are not applicable when
determining whether withholding applies under chapter 4.
For exceptions applicable to the definition of a
withholdable payment, see Regulations section
1.1473-1(a)(4) (exempting, for example, certain
nonfinancial payments).

Chapter 3. Chapter 3 means chapter 3 of the Internal
Revenue Code (Withholding of Tax on Nonresident Aliens
and Foreign Corporations) under sections 1441 through
1464.
Chapter 4. Chapter 4 means chapter 4 of the Internal
Revenue Code (Taxes to Enforce Reporting on Certain
Foreign Accounts). Chapter 4 contains sections 1471
through 1474.
Commercial activities. For purposes of chapter 4,
commercial activities are financial activities of a type
engaged in by an insurance company, custodial institution,
or depository institution (including the act of accepting
deposits). An exempt beneficial owner will not be
considered exempt for chapter 4 purposes with respect to
payments derived from an obligation held in connection
with a commercial financial activity. See Regulations
section 1.1471-6(h), including limitations on the scope of
a commercial financial activity. For purposes of chapter 3,
commercial activities are described in Temporary
Regulations section 1.892-4T.

Beneficial owner. For payments other than those for
which a reduced rate of, or exemption from, withholding is
claimed under an income tax treaty, the beneficial owner
of income is generally the person who is required under
U.S. tax principles to include the payment in gross income
on a tax return. A person is not a beneficial owner of
income, however, to the extent that person is receiving the
income as a nominee, agent, or custodian, or to the extent
the person is a conduit whose participation in a
transaction is disregarded. In the case of amounts paid
that do not constitute income, beneficial ownership is
determined as if the payment were income.

Controlled commercial entity. A controlled commercial
entity is an entity engaged in commercial activities
described in Temporary Regulations section 1.892-4T
(whether conducted within or outside the United States) if
the foreign government holds (directly or indirectly):
• Any interest in the entity which (by value or voting
power) is 50% or more of the total of such interests in the
entity, or
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Instructions for Form W-8EXP (Rev. 10-2023)

• A sufficient interest (by value or voting power) or any
other interest in the entity which provides the foreign
government with effective practical control of the entity.
For this purpose, an entity means a corporation, a
partnership, a trust (including a pension trust), and an
estate. A partnership’s commercial activities are
attributable to its general and, subject to Proposed
Regulations section 1.892-5(a)(5), limited partners for
purposes of determining whether the partner is a
controlled commercial entity for purposes of section 892.
The partnership’s commercial activities will result in the
partnership having to withhold tax under section 1446 on
commercial income that is the ECTI allocable to a foreign
government partner.

of International Settlements is treated as though it were a
foreign central bank of issue.
A foreign central bank of issue must provide Form
W-8EXP to establish eligibility for exemption from
withholding for payments exempt from tax under either
section 892 or section 895.
Foreign financial institution (FFI). An FFI generally
means a foreign entity that is a financial institution.
Foreign person. A foreign person includes a nonresident
alien individual, foreign corporation, foreign partnership,
foreign trust, foreign estate, foreign government,
international organization, foreign central bank of issue,
foreign tax-exempt organization, foreign private
foundation, or government of a U.S. territory, and any
other person that is not a U.S. person. It also includes a
foreign branch or office of a U.S. financial institution or
U.S. clearing organization if the foreign branch is a
qualified intermediary. Generally, a payment to a U.S.
branch of a foreign person is a payment to a foreign
person.

Note. A foreign central bank of issue will be treated as a
controlled commercial entity only if it engages in
commercial activities within the United States.
Chapter 4 status. The term chapter 4 status means a
person’s status as a U.S. person, specified U.S. person,
foreign person, participating FFI, deemed-compliant FFI,
restricted distributor, exempt beneficial owner,
nonparticipating FFI, territory financial institution,
excepted nonfinancial foreign entity (NFFE), or passive
NFFE. See Regulations section 1.1471-1(b) for the
definitions of these terms.

Foreign government. For chapter 3 purposes, a foreign
government includes only the integral parts or controlled
entities of a foreign sovereign as defined in Temporary
Regulations section 1.892-2T. See Regulations section
1.1471-6(b) for definitions of integral part and controlled
entity that apply for chapter 4 purposes.
An integral part of a foreign sovereign, in general, is any
person, body of persons, organization, agency, bureau,
fund, instrumentality, or other body, however designated,
that constitutes a governing authority of a foreign country.
The net earnings of the governing authority must be
credited to its own account or to other accounts of the
foreign sovereign, with no portion benefiting any private
person.
A controlled entity of a foreign sovereign is an entity
that is separate in form from the foreign sovereign or
otherwise constitutes a separate juridical entity only if:
• It is wholly owned and controlled by the foreign
sovereign directly or indirectly through one or more
controlled entities.
• It is organized under the laws of the foreign sovereign
by which it is owned.
• Its net earnings are credited to its own account or to
other accounts of the foreign sovereign, with no portion of
its income inuring to the benefit of any private person.
• Its assets vest in the foreign sovereign upon dissolution.
A controlled entity of a foreign sovereign also includes
a pension trust defined in Temporary Regulations section
1.892-2T(c) and may include a foreign central bank of
issue to the extent that it is wholly owned by a foreign
sovereign.
A foreign government must provide Form W-8EXP to
establish eligibility for exemption from withholding for
payments exempt from tax under section 892 or for
purposes of establishing its status as an exempt beneficial
owner.

Deemed-compliant FFI. Under section 1471(b)(2),
certain FFIs are deemed to comply with the regulations
under chapter 4 without the need to enter into an FFI
agreement with the IRS. However, certain
deemed-compliant FFIs are required to register with the
IRS and obtain a Global Intermediary Identification
Number (GIIN). These FFIs are referred to as registered
deemed-compliant FFIs. See Regulations section
1.1471-5(f).
Exempt beneficial owner. An exempt beneficial owner
means a person that is described in Regulations section
1.1471-6 and includes a foreign government, a political
subdivision of a foreign government, a wholly owned
instrumentality or agency of a foreign government or
governments, an international organization, a wholly
owned agency or instrumentality of an international
organization, a foreign central bank of issue, a
government of a U.S. territory, certain retirement funds,
and certain entities wholly owned by one or more exempt
beneficial owners. In addition, an exempt beneficial owner
includes any person treated as an exempt beneficial
owner under an applicable Model 1 IGA or Model 2 IGA
(defined later).
Financial institution. A financial institution generally
means an entity that is a depository institution, custodial
institution, investment entity, or an insurance company (or
holding company of an insurance company) that issues
cash value insurance or annuity contracts. See
Regulations section 1.1471-5(e).
Foreign central bank of issue. A foreign central bank of
issue is a bank that is by law or government sanction the
principal authority, other than the government itself, to
issue instruments intended to circulate as currency. Such
a bank is generally the custodian of the banking reserves
of the country under whose law it is organized. The Bank
Instructions for Form W-8EXP (Rev. 10-2023)

Intergovernmental agreement (IGA). An IGA means a
Model 1 IGA or a Model 2 IGA. For a list of jurisdictions
treated as having in effect a Model 1 or Model 2 IGA, see

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pension fund) or a qualified controlled entity that satisfies
the requirements of either Regulations section
1.897(l)-1(d)(2) or Regulations section 1.897(l)-1(d)(3).

the list of jurisdictions at home.treasury.gov/Policy-Issues/
Tax-Policy/Foreign-Account-Tax-Compliance-Act.
A Model 1 IGA means an agreement between the
United States or the Treasury Department and a foreign
government or one or more agencies to implement FATCA
through reporting by FFIs to such foreign government or
agency thereof, followed by automatic exchange of the
reported information with the IRS. An FFI in a Model 1 IGA
jurisdiction that performs account reporting to the
jurisdiction’s government is referred to as a reporting
Model 1 FFI.
A Model 2 IGA means an agreement or arrangement
between the United States or the Treasury Department
and a foreign government or one or more agencies to
implement FATCA through reporting by FFIs directly to the
IRS in accordance with the requirements of an FFI
agreement, supplemented by the exchange of information
between such foreign government or agency thereof and
the IRS. An FFI in a Model 2 IGA jurisdiction that has
entered into an FFI agreement with respect to a branch is
a participating FFI, but may be referred to as a reporting
Model 2 FFI.

Qualified investment entity. A qualified investment
entity is a person described in section 897(h)(4).
Specified U.S. person. A specified U.S. person is any
U.S. person other than a person identified in Regulations
section 1.1473-1(c).
Substantial U.S. owner. A substantial U.S. owner (as
described in Regulations section 1.1473-1(b)) means any
specified U.S. person that:
• Owns, directly or indirectly, more than 10% (by vote or
value) of the stock of any foreign corporation;
• Owns, directly or indirectly, more than 10% of the profits
interests or capital interests in a foreign partnership;
• Is treated as an owner of any portion of a foreign trust
under sections 671 through 679; or
• Holds, directly or indirectly, more than a 10% beneficial
interest in a trust.
Territory financial institution. The term territory
financial institution means a financial institution that is
incorporated or organized under the laws of any U.S.
territory. However, an investment entity that is not also a
depository institution, custodial institution, or specified
insurance company is not a territory financial institution.

International organization. For purposes of chapter 3,
an international organization is any public international
organization entitled to enjoy privileges, exemptions, and
immunities as an international organization under the
International Organizations Immunities Act (22 U.S.C.
288-288(f)). In general, to qualify as an international
organization, the United States must participate in the
organization pursuant to a treaty or under the authority of
an Act of Congress authorizing such participation.
Any organization that qualifies as an international
organization under chapter 3 also qualifies as an
international organization under chapter 4.
For purposes of chapter 4, an international organization
also includes any intergovernmental or supranational
organization that is comprised primarily of foreign
governments, that is recognized as an intergovernmental
or supranational organization under a foreign law similar to
22 U.S.C. 288-288(f) or that has in effect a headquarters
agreement with a foreign government, and whose income
does not inure to the benefit of private persons.

Withholdable payment. The term withholdable payment
means an amount subject to withholding for purposes of
chapter 4 as described in Amounts subject to withholding,
earlier. Also see Regulations section 1.1473-1(a) for the
definition of withholdable payment.
Withholding agent. Any person, U.S. or foreign, that has
control, receipt, custody, disposal, or payment of U.S.
source FDAP income subject to chapter 3 or 4 withholding
is a withholding agent. The withholding agent may be an
individual, corporation, partnership, trust, association, or
any other entity, including (but not limited to) any foreign
intermediary, foreign partnership, and U.S. branches of
certain foreign banks and insurance companies.
Withholding qualified holder. The term withholding
qualified holder means a qualified holder (under
Regulations section 1.897(l)-1(d)), and a foreign
partnership all of the interests of which are held by
qualified holders (under Regulations section
1.897(l)-1(d)), including through one or more partnerships.

Participating FFI. A participating FFI is an FFI that has
agreed to comply with the terms of an FFI agreement with
respect to all branches of the FFI, other than a branch that
is a reporting Model 1 FFI or a U.S. branch. The term
participating FFI also includes a reporting Model 2 FFI and
a QI branch of a U.S. financial institution, unless such
branch is a reporting Model 1 FFI.

Specific Instructions
Part I — Identification of Beneficial
Owner

Qualified controlled entity. A qualified controlled entity
is a trust or corporation created or organized under the
laws of a foreign jurisdiction, all of the interests of which
are held by one or more qualified foreign pension funds
directly or indirectly through one or more qualified
controlled entities.

Before completing Part I, complete the Worksheet for
Foreign Governments, International Organizations, and
Foreign Central Banks of Issue, later, to determine
whether amounts received are or will be exempt from U.S.
tax under section 892 or 895 and exempt from withholding
under sections 1441 and 1442. Use the results of this
worksheet to check the appropriate box on line 3 and in
Part II. Do not give the worksheet to the withholding agent.
Instead, keep it for your records.

Qualified foreign pension fund. A qualified foreign
pension fund is a person that satisfies the requirements of
section 897(l) and Regulations section 1.897(l)-1.
Qualified holder. A qualified holder is a qualified foreign
pension fund (including a part of a qualified foreign

Line 1. Enter the full name of the organization.
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Instructions for Form W-8EXP (Rev. 10-2023)

Line 5. The permanent address of a foreign government,
international organization, or foreign central bank of issue
is where it maintains its principal office. For all other
organizations, the permanent address is the address in
the country where the organization claims to be a resident
for tax purposes. Do not show the address of a financial
institution, a post office box, or an address used solely for
mailing purposes unless such address is the only
permanent address you use and it appears as your
registered address in your organizational documents.

Line 2. Enter the country under the laws of which the
foreign government or other foreign organization was
created, incorporated, organized, or governed.
Line 3. Check the one box that applies (unless you are
also documenting yourself as a withholding qualified
holder under section 1445). A foreign central bank of
issue (wholly owned by a foreign sovereign) should check
the “Foreign government” box. If you are a foreign private
foundation, you should check the “Foreign private
foundation” box rather than the “Foreign tax-exempt
organization” box. If you are providing this form to claim an
exemption to withholding under section 1445 as a
qualified foreign pension fund that is a qualified holder
(within the meaning of Regulations section 1.897(l)-1(e)
(11)) or as a foreign partnership, all of the interests of
which are held by qualified holders, including through one
or more partnerships, you should check the “Withholding
qualified holder under section 1445” box. See Regulations
section 1.1445-1(g)(11). For purposes of completing this
Form W-8EXP, a foreign partnership that is a withholding
qualified holder should identify itself as the beneficial
owner.
If you are providing this form to document yourself as a
withholding qualified holder under section 1445 and for
purposes of sections 1441-1443 or section 1446, check
the "Withholding qualified holder under section 1445" box
and the one box that otherwise applies to your status. In
all other cases, only one box should be checked.

Line 6. Enter the mailing address only if it is different from
the address shown on line 5.
Line 7. A U.S. taxpayer identification number (TIN)
means an employer identification number (EIN). A U.S.
TIN is generally required if you are claiming an exemption
or reduced rate of withholding based solely on your claim
of tax-exempt status under section 501(c) or private
foundation status. Use Form SS-4 to obtain an EIN.
Line 8a. If the organization has registered with the IRS as
a participating FFI (including a reporting Model 2 FFI),
registered deemed-compliant FFI (including a reporting
Model 1 FFI), or a direct reporting NFFE, provide your
GIIN. For payments made prior to January 1, 2015, a
Form W-8EXP provided by a reporting Model 1 FFI need
not contain a GIIN. For payments made prior to January 1,
2016, a sponsored direct reporting NFFE may provide the
GIIN of its sponsoring entity.
Line 8b. If you are providing this Form W-8EXP to
document yourself as an account holder (as defined in
Regulations section 1.1471-5(a)(3)) with respect to a
financial account (as defined in Regulations section
1.1471-5(b)) that you hold at a U.S. office of a financial
institution (including a U.S. branch of an FFI) and you
receive U.S. source income reportable on a Form 1042-S
associated with this form, you must provide on line 8b the
foreign TIN (FTIN) issued to you by the jurisdiction in
which you are a tax resident identified on line 5 unless:
• Your jurisdiction of residence is identified on the List of
Jurisdictions That Do Not Issue Foreign TINs at IRS.gov/
Businesses/Corporations/List-of-Jurisdictions-That-DoNot-Issue-Foreign-TINs; or
• You properly identified yourself as a foreign
government, foreign central bank of issue, international
organization, or government of a U.S. territory on line 3.
If you are providing this form to document a financial
account described above but you do not enter an FTIN on
line 8b, and you are not a foreign government, foreign
central bank of issue, international organization, or
government of a U.S. territory, you must provide the
withholding agent with an explanation of why you have not
been issued a TIN (including if the jurisdiction does not
issue TINs). For this purpose, an explanation is a
statement that you are not legally required to obtain a TIN
in your jurisdiction of tax residence. The explanation may
be written on line 8b, in the margins of the form, or on a
separate attached statement associated with the form. If
you are writing the explanation on line 8b, you may
shorten it to “not legally required.” Do not write “not
applicable.”

Line 4. Check the one box that applies to your chapter 4
status (if necessary). You are required to provide a
chapter 4 status if you are the payee of a withholdable
payment or hold an account with an FFI requesting this
form. See Regulations section 1.1471-3(a) for the
definition of a payee for purposes of chapter 4. By
checking a box on this line, you are representing that you
qualify for this classification and, if you are claiming a
status as an exempt beneficial owner, that you are the
beneficial owner of the payments to which this form
relates for purposes of chapter 4.
For certain chapter 4 statuses, you are required to

TIP complete an additional line on this form certifying

that you meet the conditions of the status
indicated on line 4 (as defined under Regulations section
1.1471-5 or 1.1471-6 or an applicable IGA). Make sure
you complete the required portion of this form before
signing and providing it to the withholding agent.

If you do not certify as to your chapter 4 status,
this Form W-8EXP will not be valid for purposes of
CAUTION chapter 4 if you receive a withholdable payment at
any time in the future. For example, if you do not certify as
to your chapter 4 status because the only payments you
receive from the withholding agent are with respect to
grandfathered obligations described in Regulations
section 1.1471-2(b), then you will be required to resubmit
Form W-8EXP and certify to your chapter 4 status if you
receive a withholdable payment in the future. You may
consider certifying to your chapter 4 status even if not
required in order to avoid resubmitting Form W-8EXP to
the withholding agent. See Expiration of Form W-8EXP,
earlier.

!

Instructions for Form W-8EXP (Rev. 10-2023)

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officers. The affidavit must include information on your
financial support if you are claiming public charity status
under sections 509(a)(1) and 170(b)(1)(A)(vi) or section
509(a)(2). See Publication 557, Tax-Exempt Status for
Your Organization, for information on determining whether
you are a public charity or private foundation.
In lieu of providing information in an affidavit concerning
your operations, support, and financial information (when
applicable), you may satisfy this requirement by
referencing the opinion of U.S. counsel provided in
accordance with Box 13b of these instructions when the
opinion:
• Concludes that you qualify under section 509(a)(1), (2),
(3), or (4); and
• Meets the requirements of current written advice
rendered for a public charity equivalency determination in
Rev. Proc. 2017-53, 2017-40 I.R.B. 263.

If you are providing this form to certify your status as a
withholding qualified holder under section 1445 and did
not provide an EIN on line 7, provide your FTIN on line 8b.
Line 9. This line may be used by the filer of Form
W-8EXP or by the withholding agent to whom it is
provided to include any referencing information that is
necessary or useful to the withholding agent in carrying
out its obligations. For example, a filer may use line 9 to
include the name and number of the account for which the
filer is providing the form.

Part II — Qualification Statement for
Chapter 3 Status
You are not required to complete a chapter 3

TIP qualification statement if you are submitting this

form to document your chapter 4 status and are
not receiving a payment that is subject to withholding
under chapter 3. However, in such a case, you may also
provide Form W-8BEN-E to document your chapter 4
status.

If the opinion of U.S. counsel satisfies the above

TIP requirements, you may check this box despite that
it references only the affidavit on this form.

An opinion of counsel or affidavit must be renewed if
there has been a change in facts relevant to your
tax-exempt status under section 501(c) or your public
charity status under section 509.
Box 13d. Check this box if you are a section 501(c)(3)
organization and you are a private foundation described in
section 509.

Line 10. All foreign governments claiming the
applicability of section 892 must check box 10a as well as
box 10b or box 10c, whichever applies. Enter the name of
the foreign sovereign’s country on line 10b (if the entity is
an integral part of a foreign government) or on line 10c (if
the entity is a controlled entity of a foreign government). A
foreign central bank of issue (wholly owned by a foreign
sovereign) should check box 10c.

Line 14. Check this box if you are a government of a U.S.
territory. By checking this box you are certifying to the
statements made in line 14.

Line 11. Check this box if you are an international
organization. By checking this box, you are certifying to all
the statements made in line 11.

Line 15. Check the applicable box if you are a
withholding qualified holder. By checking one of these
boxes, you are certifying to the statement made in either
line 15a or line 15b, as applicable.

Line 12. Check this box if you are a foreign central bank
of issue for purposes of chapter 3 (see definitions) not
wholly owned by a foreign sovereign. By checking this
box, you are certifying to all the statements made in
line 12.

Part III — Qualification Statement for
Chapter 4 Status

Line 13. If you are a foreign tax-exempt organization, you
must attach a statement setting forth any income that is
includible under section 512 in computing your unrelated
business taxable income.
Box 13a. Check this box if you have been issued a
determination letter by the IRS. Enter the date of the IRS
determination letter.
Box 13b. Check this box if you do not have an IRS
determination letter, but are providing an opinion of U.S.
counsel concluding that you are an organization described
in section 501(c).
Box 13c. If you are a section 501(c)(3) organization,
check this box if you are not a private foundation. You
must attach to the withholding certificate an affidavit
setting forth sufficient facts concerning your operations
and support to enable the IRS to determine that you would
be likely to qualify as an organization described in section
509(a)(1), (2), (3), or (4) rather than as a private
foundation.
The affidavit must be based on information from your
latest accounting year, identify the type of section 501(c)
(3) organization (for example, charitable, religious,
educational), and be signed by one of your principal

You are not required to complete a chapter 4

TIP qualification statement if you are not the payee of

a withholdable payment or are not an
accountholder holding an account with an FFI requesting
this form.

Line 16. Check this box to indicate that you are treated
as a nonreporting FFI under an applicable IGA (and as
defined in the IGA). You must identify the applicable IGA
by entering the name of the jurisdiction that has the
applicable IGA in effect with the United States. You must
also provide the withholding agent with the class of entity
described in Annex II of the IGA applicable to your status.
If you are an FFI treated as a registered
deemed-compliant FFI under an applicable Model 2 IGA,
you must provide your GIIN in the space provided.
Line 17. Check this box if you are a territory financial
institution. By checking this box, you are certifying to the
statement in line 17.
Line 18. Check this box if you are a foreign government,
government of a U.S. territory, or foreign central bank of
issue as defined for purposes of chapter 4 (see
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Instructions for Form W-8EXP (Rev. 10-2023)

Regulations section 1.1471-6). By checking this box, you
are certifying to the statement made in line 18.

indicate that the form was electronically signed by a
person authorized to do so (for example, with a time and
date stamp and statement that the form has been
electronically signed). Simply typing your name into the
signature line is not an electronic signature.

Line 19. Check the applicable box if you are an exempt
retirement plan of a foreign government as defined for
purposes of chapter 4. By checking one of these boxes,
you are certifying to the statement made in either line 19a
or line 19b, as applicable.

Paperwork Reduction Act Notice. We ask for the
information on this form to carry out the Internal Revenue
laws of the United States. You are required to provide the
information. We need it to ensure that you are complying
with these laws and to allow us to figure and collect the
right amount of tax.

Line 20. Check this box if you are a 501(c) organization
other than an insurance company described in section
501(c)(15). By checking this box, you are certifying to the
statement made in line 20.
Line 21. Check box 21a if you are passive NFFE. If you
do not have any substantial U.S. owners, check box 21b. If
you have any substantial U.S. owners, you must provide a
statement with the information set forth on line 21c.

You are not required to provide the information
requested on a form that is subject to the Paperwork
Reduction Act unless the form displays a valid OMB
control number. Books or records relating to a form or its
instructions must be retained as long as their contents
may become material in the administration of any Internal
Revenue law. Generally, tax returns and return information
are confidential, as required by section 6103.

Line 22. Check this box if you are a sponsored direct
reporting NFFE. Provide the name of your sponsoring
entity in the space provided. By checking this box, you are
certifying to the statement made in line 22.

The time needed to complete and file this form will vary
depending on individual circumstances. The estimated
average time is: Recordkeeping, 7hr., 10min.; Learning
about the law or the form, 5 hr., 42 min.; and Preparing
and providing the form, 8 hr., 27 min.

Part IV — Certification

Form W-8EXP must be signed and dated by an authorized
official of the foreign government, international
organization, foreign central bank of issue, foreign
tax-exempt organization, foreign private foundation,
government of a U.S. territory, or withholding qualified
holder, as appropriate. By signing Form W-8EXP, the
authorized representative, officer, or agent also agrees to
provide a new form within 30 days following a change in
circumstances that makes any certification made on the
form incorrect (unless no future payments will be made to
the organization by the withholding agent). The authorized
representative, officer, or agent must also check the box to
certify that he or she has the capacity to sign for the
organization.
A withholding agent may allow you to provide this form
with an electronic signature. The electronic signature must

Instructions for Form W-8EXP (Rev. 10-2023)

If you have comments concerning the accuracy of
these time estimates or suggestions for making this form
simpler, we would be happy to hear from you. You can
send us comments from IRS.gov/FormComments. You
can write to the Internal Revenue Service, Tax Forms and
Publications, 1111 Constitution Ave. NW, IR-6526,
Washington, DC 20224. Do not send Form W-8EXP to
this office. Instead, give it to your withholding agent.

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WORKSHEET FOR FOREIGN GOVERNMENTS,
INTERNATIONAL ORGANIZATIONS, AND FOREIGN
CENTRAL BANKS OF ISSUE

Keep for Your Records

(Do not give to the withholding agent.)

Complete this worksheet to determine whether amounts received are or will be exempt from U. S. tax under section 892 or
section 895 and exempt from withholding under sections 1441 and 1442.
• Foreign governments and foreign central banks of issue, start with question 1.
• International organizations, go directly to question 6.
FOREIGN GOVERNMENT

Yes

No

Yes

No

Yes

No

1 a Is the foreign government an integral part of a foreign sovereign (see Definitions)? . . . . . . . . . . . . . . . . .
(If “Yes,” go to question 4. If “No,” answer question 1b.)
b Is the foreign government a controlled entity of a foreign sovereign (see Definitions)? . . . . . . . . . . . . . .
(If “Yes,” answer question 2a. If “No,” go to question 7a.)
2 a Is the controlled entity a foreign central bank of issue (see Definitions)? . . . . . . . . . . . . . . . . . . . . . . . . . .
(If “Yes,” answer question 2b. If “No,” go to question 3.)
b Is the foreign central bank of issue engaged in commercial activities within the United States? . . . . . . .
(If “Yes,” answer question 7a. If “No,” go to question 4.)
3
Is the controlled entity engaged in commercial activities anywhere in the world? . . . . . . . . . . . . . . . . . . . .
(If “Yes,” income is not exempt from tax under section 892 and may be subject to withholding. Do not
complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,”
answer question 4.)
4
Does the foreign government or foreign central bank of issue (wholly owned by the foreign sovereign)
receive income directly or indirectly from any controlled commercial entities or income derived from the
disposition of any interest in a controlled commercial entity (see Definitions)? . . . . . . . . . . . . . . . . . . . . .
(If “Yes,” income is not exempt from tax under section 892 and may be subject to withholding. Do not
complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,”
answer question 5.)
5
Is any of the income received by the foreign government or foreign central bank of issue (wholly owned
by the foreign sovereign) from sources other than investments in the United States in stocks, bonds,
other domestic securities (as defined in Temporary Regulations section 1.892-3T(a)(3)), financial
instruments held in the execution of governmental financial or monetary policy (as defined in
Temporary Regulations section 1.892-3T(a)(4) and (a)(5)), or interest on deposits in banks in the
United States? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(If “Yes,” income is not exempt from tax under section 892 and may be subject to withholding. Do not
complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,”
check the appropriate box on line 10 of Form W-8EXP.)
INTERNATIONAL ORGANIZATION
6

Is the international organization an organization in which the United States participates pursuant to any
treaty or under an Act of Congress authorizing such participation and to which the President of the
United States has issued an Executive Order entitling the organization to enjoy the privileges,
exemptions, and immunities provided under the International Organization Immunities Act (22 U.S.C.
288, 288e, 288f)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(If “Yes,” check the box on line 11 of Form W-8EXP. If “No,” income may be subject to withholding. Do
not complete this form for such income. Instead, complete Form W-8BEN-E or W-8ECI.)

FOREIGN CENTRAL BANK OF ISSUE
7 a Is the entity, whether wholly or partially owned by the foreign sovereign, a foreign central bank of
issue? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(If “Yes,” answer question 7b. If “No,” income is not exempt from tax under section 895 and may be
subject to withholding. Do not complete Form W-8EXP for such income. Instead, complete Form
W-8BEN-E or W-8ECI.)
b Is the income received by the foreign central bank of issue from sources other than obligations of the
United States (or any agency or instrumentality thereof) or from interest on deposits with persons
carrying on the banking business? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(If “Yes,” income is not exempt from tax under section 895 and may be subject to withholding. Do not
complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,”
answer question 7c.)
c Are the obligations of the United States (or any agency or instrumentality thereof) or bank deposits
owned by the foreign central bank of issue held for, or used in connection with, the conduct of
commercial banking functions or other commercial activities by the foreign central bank of
issue? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(If “Yes,” income is not exempt from tax under section 895 and may be subject to withholding. Do not
complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,”
check the box on line 12 of Form W-8EXP.)

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