The IRS has released a new Form W-8BEN-E, Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities), version April 2016. Significant changes have been made to the chapter 3 treaty certifications, which now require entities to identify the type of limitation on benefits provision applicable in the relevant US income tax treaty and certify such provision is satisfied. The new form allows entities to indicate if the account is not a financial account under FATCA, thus not requiring a chapter 4 certification (line 5, Part I). In addition, changes have been made to the certifications and documentation requirements for certain certified-deemed compliant and nonreporting FFIs, including for Trustee Documented Trusts, Sponsored, Closely Held Investment Vehicles, and Local FFIs. The new form also provides for indication of a sponsored FFIs GIIN, including for FFIs that are certified deemed-compliant under an applicable IGA.

• FORM-W8BEN-E-(04-16)
• INST-W8BEN-E-(04-16)