W-8BEN-E Guide - Trusts

The W-8BEN-E form is valid for Trusts only. Must not be a US entity or have US directors or Beneficial Owners. (PASSIVE, ACTIVE NFFE, Reporting FFI or NON-REPORTING IGA FFI).

PART I – Identification of Beneficial Owner

• X Box 1: Trust name only in full. Clients should not populate “A/C” as this will be automatically rejected - Mandatory

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

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

• X Box 4: Please select the relevant status (i.e. simple trust, grantor trust or complex trust) – Mandatory If simple or grantor trust is selected, the form will generally be invalid unless the trust is a reverse hybrid, and need to instead obtain a Form W-8IMY. (Note – an investment trust may be a corporation under US tax law – if so, select “corporation” in this line)

• X Box 5: Please tick the relevant box - may be Active NFFE or Passive NFFE, Reporting Model 1 FFI or Nonreporting IGA FFI - Mandatory and take note of the additional Part to be completed

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

• Box 7: Mailing Address including country code if different from Box 6 - Optional and should not be in the 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

• Box 9b: Clients Australian ABN or, if no ABN, TFN - Mandatory if no U.S, TIN provided in box 8 to claim treaty benefits. If section 9b is not completed, they are 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 where claiming treaty benefits, check for nontreaty countries and consistency between country of organization and country of address – Mandatory

• X Section 14b: Please tick this box – Mandatory

• X Sub-section 14b: Please tick the relevant box – Mandatory (e.g. Company that meets ownership/base erosion test; 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 EXEMPT BENEFICIAL OWNER OR DEEMED COMPLIANT FFI

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

• X Section 39 - Mandatory
  Require additional supporting information 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 authorize the agent to execute the form