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Analysis of The New FATCA W-8IMY

On April 30, 2014 the IRS released the new Form W-8IMY (“Form W-8IMY”), formally replacing its 2006 predecessor W-8IMY. This new Form W-8IMY has 28 parts whereas the previous August 2013 FATCA draft W-8IMY only contained 26.  The new 2014 Form W-8IMY is vastly different from the seven-part 2006 predecessor form.

Below is a summary for the W-8IMY.  For a full compliance analysis of the new form W-8IMY and the other potentially required withholding forms see LexisNexis® Guide to FATCA Compliance, Chapter 11 Withholding And Qualified Intermediary, § 11.08 Applicable Withholding Forms, [5] Analysis of Form W-8IMY.

Form W-8IMY is submitted generally by a payment recipient (the “filer”) with non-beneficial owner status, i.e. an intermediary.  Such intermediary can be a U.S. branch, a qualified intermediary, a non-qualified intermediary, foreign partnership, foreign grantor or a foreign simple trust.  Form W-8IMY requires a tax identification number.

Part I of the Form adds FATCA classification. Part I of the form requires general information, the Chapter 3 QI status, and the Chapter 4 FATCA classification of the filer.

Question 4 of Part I requests the QI status:

• If the filer is a Qualified Intermediary, then the filer must complete Part III Qualified Intermediary.  If the filer is a Nonqualified Intermediary, then the filer must complete Part IV Nonqualified Intermediary.

• Territory Financial Institutions complete Part V. U.S. Branches complete Part VI.

• Withholding Foreign Partnership or Withholding Foreign Trusts complete Part VII.

• Nonwithholding Foreign Partnership, Nonwithholding Foreign Simple Trust, and Nonwithholding foreign grantor trusts must complete Part VIII.

Question 5 requests the FATCA classification of the filer. The classification indicated determines which one of the Parts IX through XXVII must be completed.

Part II of this form is to be completed if the entity is a disregarded entity or a branch receiving payment as an intermediary. Part II only applies to branches of an FFI outside the FFI’s country of residence.

Chapter 3 Status Certifications  Parts III – VIII

Parts III – VIII of this form address the QI Status of the entity. Part III is to be completed if the entity is a QI, and requires the entity to certify that it is a QI and has provided appropriate documentation. Part IV is to be completed if the entity is a Nonqualified Intermediary (NQI), and requires the entity to certify that it is a NQI not acting for its own account.

Part V is to be completed if the entity is a Territory Financial Institution. Part VI is to be completed by a U.S. branch only if the branch certifies on the form that it is the U.S. branch of a U.S. bank or insurance company, and that the payments made are not effectively connected to a U.S. trade or business. Part VII is to be completed if the entity is a Foreign Withholding Partnership (WP) or a Withholding Foreign Trust (WT). Part VIII is to be completed if the entity is either a Nonwithholding Foreign Partnership, Simple Trust, or Grantor Trust.

Chapter 4 Status Certifications Parts IX – XXVI

Parts IX – XXVI of this form address the FATCA Status of the entity. These classifications include the new classification of a Restricted Distributor (Part XVI), but do not include the new classification of a Reporting NFFE.

Statement of Certification

Part XXVIII requires certification, under penalty of perjury, by the payee or a person authorized to sign on the payee’s behalf. Finally, the form contains the following language: “I agree that I will submit a new form within 30 days if any certification made on this form becomes incorrect.”

Structure of New Form Form W-8IMY

• Part I Identification of Entity
• Part II Disregarded Entity or Branch Receiving Payment.

Chapter 3 Status Certifications

• Part III Qualified Intermediary
• Part IV Nonqualified Intermediary
• Part V Territory Financial Institution
• Part VI Certain U.S. Branches
• Part VII Withholding Foreign Partnership (WP) or Withholding Foreign Trust (WT)
• Part VIII Nonwithholding Foreign Partnership, Simple Trust, or Grantor Trust

Chapter 4 Status Certifications

• Part IX Nonparticipating FFI with Exempt Beneficial Owners
• Part X Sponsored FFI That Has Not Obtained a GIIN
• Part XI Owner-Documented FFI
• Part XII Certified Deemed-Compliant Nonregistering Local Bank
• Part XIII Certified Deemed-Compliant FFI with Only Low-Value Accounts
• Part XIV Certified Deemed-Compliant Sponsored, Closely Held Investment Vehicle
• Part XV Certified Deemed-Compliant Limited Life Debt Investment Entity
• Part XVI Restricted Distributor
• Part XVII Foreign Central Bank of Issue
• Part XVIII Nonreporting IGA FFI
• Part XIX Exempt Retirement Plans
• Part XX Excepted Nonfinancial Group Entity
• Part XXI Excepted Nonfinancial Start-Up Company
• Part XXII Excepted Nonfinancial Entity in Liquidation or Bankruptcy
• Part XXIII Publicly Traded NFFE or NFFE Affiliate of a Publicly Traded Corporation
• Part XXIV Excepted Territory NFFE
• Part XXV Active NFFE
• Part XXVI Passive NFFE
• Part XXVII Sponsored Direct Reporting NFFE

Sworn Certification

• Part XXVIII Certification

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In accordance with Circular 230 Disclosure

Original Source By William Byrnes


William H. Byrnes has achieved authoritative prominence with more than 20 books, treatise chapters and book supplements, 1,000 media articles, and the monthly subscriber Tax Facts Intelligence. Titles include: Lexis® Guide to FATCA Compliance, Foreign Tax and Trade Briefs, Practical Guide to U.S. Transfer Pricing, and Money Laundering, Asset Forfeiture; Recovery, and Compliance (a Global Guide). He is a principal author of the Tax Facts series. He was a Senior Manager, then Associate Director of international tax for Coopers and Lybrand, and practiced in Southern Africa, Western Europe, South East Asia, the Indian sub-continent, and the Caribbean. He has been commissioned by a number of governments on tax policy. Obtained the title of tenured law professor in 2005 at St. Thomas in Miami, and in 2008 the level of Associate Dean at Thomas Jefferson. William Byrnes pioneered online legal education in 1995, thereafter creating the first online LL.M. offered by an ABA accredited law school (International Taxation and Financial Services graduate program).