W-8BEN-E Guide - Companies

The W-8BEN-E form is valid for Entities only – Must not be a US entity or have US directors or 
Beneficial Owners

PART I – Identification of Beneficial Owner

• X Box 1: Company name in full - Mandatory

• X Box 2: Country of incorporation of entity in full, no abbreviations - Mandatory and not U.S.

   

• Box 3: Name of Disregarded entity – Please leave this section blank unless advised otherwise

   

• X Box 4: Please tick the ‘Corporation’ box unless advised otherwise - MandatoryX Box 5: Please tick the relevant box – may be “Reporting Model 1 FFI”, “Nonreporting IGA FFI”, “Active NFFE” or ‘Passive NFFE’ box - Mandatory and take note of any additional Part to be completed

   

   

• X Box 6: Permanent Residence Address including country code (Has to match client’s street address and must not have a C/- or PO BOX address noted) – Mandatory and must not be in the U.S.

   

   

   

• Box 7: Mailing Address including country code if different from Box 6 - Optional and must not be in U.S.

• Box 8: If the entity has a US TIN, it should be inserted here

• Box 9a: Applicable for a reporting Model 1 FFI – Mandatory May not be applicable to a nonreporting IGA FFI and is not applicable for an Active NFFE or Passive NFFE. Please leave this section blank for an Active NFFE or Passive NFFE or non-reporting IGA FFI

• Box 9b: Clients Australian ABN or, if no ABN, TFN - Mandatory to claim treaty benefits if no U.S. TIN provided at line 8. If section 9b is not populated, the client is required to complete the tick box in section 9c - Mandatory

• Box 10: Clients FinClear account number - Optional

PART III - Claim of Tax Treaty Benefits

• X Section 14a: Please tick the box and input Country in which claiming treaty – Mandatory. Check for non- treaty countries and consistent with country of organisation and country of address
• X Section 14b: Please tick this box – Mandatory
• X Sub-section 14b: Please tick the relevant box (one of the company’s nominated boxes) –Mandatory (e.g. Company that meets ownership/base erosion test; publicly traded corporation; subsidiary of publicly traded corporation; Other - Article 16(2)(g) (ownership/base erosion test))
• Line 15: Please leave this section blank, unless special rate being claimed under the treaty (not standard interest and dividend rates)

If ‘NONREPORTING IGA FFI’ was selected on BOX 5: PART XII – NON REPORTING IGA FFI 

• X Section 26: Tick the box, write ‘Australia’ in the first space and tick Model 1 IGA- Mandatory

• X Section 26: Second space should have category of nonreporting FFI from Australian IGA - Mandatory

• DO NOT ACCEPT NON REPORTING FFI – wording as per definitions of Australian IGA’s must be used

• DO NOT ACCEPT EXEMPT BENEFICIAL OWNER OR DEEMED COMPLIANT FFI

• Acceptable category wording includes:

  - Entity wholly owned by exempt beneficial owners
  -Investment entity wholly owned by a EBO
  -Investment entity wholly owned by an Exempt BO

If ‘ACTIVE NFFE’ was selected on BOX 5: PART XXV – Active NFFE

• X Section 39 - Mandatory. Require additional supporting documentation for ACTIVE NFFE disclosure

  1. Explanations from the Entity of how the tests for Active NF(F)E status are met,
  2. Entity’s financial statements for the last 3 financial years (or latest available) to confirm claimed FATCA statuses.
  3. Documentary evidence that no US person is associated and/or a beneficial owner of the Entity.

If ‘PASSIVE NFFE’ was selected on BOX 5: PART XXVI – Passive NFFE

• X Section 40a and b or c - Mandatory

• If 40c ticked, complete Part XXIX – Mandatory – to provide name, address and TIN of US substantial owners

PART XXX – Certification

• X Signature of beneficial owner – Mandatory

• X Printed name of signer – Mandatory

• X Date signed in US format MM/DD/YYYY – Mandatory

• X Please tick the ‘I certify that I have the capacity…’ box – Mandatory If signed by an agent under POA, the POA or a certified copy must be provided and the POA must specifically authorise the agent to execute the form

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