Orange County NC Website
8 <br />Farm W-8 (Rev. id-2dd7) <br />~ The U.S. grantor or other owner of a grantor trust and not the <br />trust, and <br />• The U.S. trust {other than a grantor frost} and not the <br />beneficiaries of the trust. <br />Foreign person. if you are a foreign persori, do not use Form <br />W-9. Instead, use the appropriate Form W-S {see Publication <br />515, Withholding of Tax on Nonresident Aliens and Foreign <br />Entities}. <br />Nonresident alien who becomes a resident alien. Generally, <br />only a nonresident alien individual may use the terms of a tax <br />treaty to reduce or eliminate U.S. tax on certain types of income. <br />However, most tax treaties contain a provision known as a <br />"saving clause." Exceptions specified in the saving clause may <br />permit an exemption from tax to continue for certain types of <br />income even af#er the payee has othenviss become a U.S. <br />resident alien far tax purposes. <br />If you are a U.S. resident alien who is relying on an exception <br />contained in the saving clause of a tax treaty to claim an <br />exemption from U.S. tax on certain types of income, you must <br />attach a statement to Form W-9 that specifies the following five <br />items: <br />1. The treaty country. Generally, this must be the same treaty <br />under which you claimed exemption from tax as a nonresident <br />alien. <br />2. The treaty article addressing the income. <br />3. The article number (or Location} in the tax treaty that <br />contains the saving clause and its exceptions. <br />4. The Eype and amount of Income that qualifies for the <br />exemption from tax. <br />5. Sufficient facts to justify the exemption from tax under the <br />terms of the treaty article. <br />Example. Article 20 of the U.S: China income fax treaty aitovrs <br />an exemption from tax far scholarship income received by a <br />Chinese student temporarily present in the United States. Under <br />U.S. law, this student wilt become a resident alien far tax <br />purposes if his or her stay in the United States exceeds 5 <br />calendar years. However, paragraph 2 of the first Protocol to the <br />U.S: China treaty {dated April 30, 1984} allows the provisions of <br />Article 20 to continue to apply even after the Chinese student <br />becomes a resident alien of the United States. A Chinese <br />student who qualifies for this exception (under paragraph 2 of <br />the first protaeof) and is relying on this exception to claim an <br />exemption from tax on his or her scholarship or fellowship <br />Income would attach #o Form W-9 a statement that includes the <br />Information described above to support that exemption. <br />If you are a nonresident a13en or a foreign entity not subject to <br />backup withholding, give the requester the appropriate <br />completed Form W-8. <br />What is backup withholding? Persons making certain payments <br />to you must under certain conditions withhold and pay to the <br />tRS 28% of such payments. This is calked "backup withholding ° <br />Payments that may be subject to backup withholding lnc[ude <br />Interest, tax-exempt interest, dividends, broker and barter <br />exchange transactions, rents, royalties, nonemplayee pay, and <br />certain payments from fishing boat operators. Real estate <br />transactions are not subject #o backup withholding. <br />You will not be subject to backup withholding on payments <br />you receive if you give the requester your correct TiN, make the <br />proper certifications, and report all your taxable interest and <br />dividends on your tax return. <br />Payments you receive wiEl be subject to backup <br />withholding if: <br />1. You do not furnish your T!N to the requester, <br />2. You do not certify your TEN when required (see the Part II <br />instructions on page 3 for details), <br />3. The 1RS tells the requester that you famished an incorrect <br />TIN, <br />Page 2 <br />4. The IRS tells you tha# you are sub}ect to backup <br />withholding because you did not report ail your interest and <br />dividends an your tax return {for reportable Interest and <br />dividends only), or <br />5. You do not certify to the requester that you are not subject <br />to backup withholding under 4 above {for reportable interesE and <br />dividend accounts opened after 19(33 only}. <br />Certain payees and payments are exempt from backup <br />withhotding. See the instructions below and the separate <br />lnstnrctions for the Requester of Form W-9. <br />Also see &pecfal rules for partnerships on page <br />Penalties <br />Failure fo furnish TIN. if you fail to furnish your correct TIN to a <br />requester, you are subject to a penalty of $50 for each such <br />failure unless your failure is due #o reasonable cause and not to <br />willful neglec#. <br />Givrl penalty for false information with respect to <br />withholding. ff you make a false statement with na reasonable <br />bass that results in no backup withholding, you are subjecE to a <br />$500 penalty. <br />Criminal penalty for falsifying information. Willfully falsifying <br />certiflcaElons or affirmations may subject you to criminal <br />penalties including fines and/or imprisonment. <br />Misuse of TINS. If the requester discloses or uses TINs to <br />violation of fedora[ law, the requester may be subject to civil and <br />criminal penalties. <br />Specific Instructions <br />Name <br />If you are an Individual, you must generally enter the name <br />shown on your income Fax return. However, if you have changed <br />your fast name, for instance, due #o marriage without lnformfng <br />the Social Security Administration of the name change, enter <br />your first name, the fast name shown on your social security <br />card, end your new East name. <br />If the account is in joint names, list first, and then circle, the <br />name of the person or entity whose number you entered in Part l <br />of the form. <br />Sole proprietor. Enter your fndivfduai name as shown on your <br />income tax return on the "Name" line. You may enter your <br />business, trade, or "doing business as (DBA)" name on the <br />"Business name" sine. <br />Limited liability company {LLG}. Check the. "Limited liability <br />company" box only and enter the appropriate code for the tax <br />classification ("D" for disregarded entity, "C" for corporation, "P" <br />for partnership) !n the space provided. <br />For a single-member LLC (ncluding a fore€gn LLC with a <br />domestic owner) that is disregarded as an entity sepazate from <br />its owner under Regulations section 301.7701-3, enter the <br />owner's name on the "Name" line. Enter the LLC's name on the <br />"Business name" line. <br />For an LLC classified as a partnership or a corporation, enter <br />the LLC's name on the "Name" Ifne and any business, trade, or <br />DBA name on the "business name" line. <br />Other entities. Enter your business name as shown on required <br />iedaral tax documents on the "Name" ifne. Thrs name should <br />match the name shown on the charter or other Eegal document <br />creating the entity. You may enter any business, trade, or DBA <br />name on the 'Business name° line. <br />Nate. You are requested to check the appropriate box for your <br />status (individuaUsote proprietor, corporation, etc.). <br />Exempt Payee <br />!f you are exempt from backup withholding, enter your name as <br />described above and check the appropriate bax for your status, <br />then check the "Exempt payee" box in the line following the <br />business name, sign and date the form. <br />