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General Instructions |
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Nonresident alien who becomes a resident alien. |
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Generally, only a nonresident alien individual may |
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Section references are to the Internal Revenue Code |
use the terms of a tax treaty to reduce or eliminate |
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unless otherwise noted. |
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U.S. tax on certain types of income. However, most |
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Future developments. The IRS has created a page |
tax treaties contain a provision known as a “saving |
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clause.” Exceptions specified in the saving clause |
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on IRS.gov for information about Form W-9, at |
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may permit an exemption from tax to continue for |
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www.irs.gov/w9. Information about any future |
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certain types of income even after the payee has |
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developments affecting Form W-9 (such as |
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otherwise become a U.S. resident alien for tax |
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legislation enacted after we release it) will be |
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purposes. |
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posted on that page. |
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Purpose of Form |
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If you are a U.S. resident alien who is relying on an |
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exception contained in the saving clause of a tax |
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A person who is required to file an information |
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treaty to claim an exemption from U.S. tax on |
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return with the IRS must obtain your correct |
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certain types of income, you must attach a |
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taxpayer identification number (TIN) to report, for |
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statement to Form W-9 that specifies the following |
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example, income paid to you, payments made to |
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five items: |
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you in settlement of payment card and third party |
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1. The treaty country. Generally, this must be the |
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network transactions, real estate transactions, |
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same treaty under which you claimed exemption |
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mortgage interest you paid, acquisition or |
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from tax as a nonresident alien. |
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abandonment of secured property, cancellation of |
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2. The treaty article addressing the income. |
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debt, or contributions you made to an IRA. |
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3. The article number (or location) in the tax treaty |
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Use Form W-9 only if you are a U.S. person |
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that contains the saving clause and its exceptions. |
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(including a resident alien), to provide your correct |
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4. The type and amount of income that qualifies for |
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TIN to the person requesting it (the requester) and, |
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the exemption from tax. |
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when applicable, to: |
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5. Sufficient facts to justify the exemption from tax |
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1. Certify that the TIN you are giving is correct (or |
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under the terms of the treaty article. |
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you are waiting for a number to be issued), |
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2. Certify that you are not subject to backup |
Example. Article 20 of the U.S.-China income tax |
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withholding, or |
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treaty allows an exemption from tax for scholarship |
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3. Claim exemption from backup withholding if you |
income received by a Chinese student temporarily |
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are a U.S. exempt payee. If applicable, you are also |
present in the United States. Under U.S. law, this |
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certifying that as a U.S. person, your allocable share |
student will become a resident alien for tax |
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of any partnership income from a U.S. trade or |
purposes if his or her stay in the United States |
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business is not subject to the withholding tax on |
exceeds 5 calendar years. However, paragraph 2 of |
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foreign partners’ share of effectively connected |
the first Protocol to the U.S.-China treaty (dated |
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income, and |
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April 30, 1984) allows the provisions of Article 20 to |
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4. Certify that FATCA code(s) entered on this form |
continue to apply even after the Chinese student |
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(if any) indicating that you are exempt from the |
becomes a resident alien of the United States. A |
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FATCA reporting, is correct. |
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Chinese student who qualifies for this exception |
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Definition of a U.S. person. For federal tax |
(under paragraph 2 of the first protocol) and is |
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relying on this exception to claim an exemption |
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purposes, you are considered a U.S. person if you |
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from tax on his or her scholarship or fellowship |
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are: |
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income would attach to Form W-9 a statement that |
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•#$ #i |
di idual# ho#is#a#ィ.~.# itize |
#or#ィ.~.#reside t# |
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includes the information described above to |
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alien, |
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support that exemption. |
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•#$#part ership,# orporatio ,# o |
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pa ,#or# |
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associatio # reated#or#orga ized#i |
#the#ィ ited# |
If you are a nonresident alien or a foreign entity, |
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States or under the laws of the United States, |
give the requester the appropriate completed Form |
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•#$ #estate# other#tha #a#foreig |
#estate ,#or# |
W-8 or Form 8233. |
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•#$#do |
esti #trust# as#defi ed#i |
#zegulatio s#se tio |
# What is backup withholding? Persons making |
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301.7701-7). |
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certain payments to you must under certain |
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Foreign person. If you are a foreign person or the |
conditions withhold and pay to the IRS a percentage |
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U.S. branch of a foreign bank that has elected to be |
of such payments. This is called “backup |
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treated as a U.S. person, do not use Form W-9. |
withholding.” Payments that may be subject to |
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