Instructions for Form 

W-8EXP

(Rev. October 2023)

Certificate of Foreign Government or Other Foreign Organization for United States 

Tax Withholding and Reporting

Department of the Treasury

Internal Revenue Service

Section references are to the Internal Revenue Code 

unless otherwise noted.

Future Developments

For the latest information about developments related to 

Form W-8EXP and its instructions, such as legislation 

enacted after they were published, go to IRS.gov/

FormW8EXP.

What’s New

Purpose of form. This section has been revised to 

provide additional background on the withholding regimes 

that may apply to payments to foreign entities and the 

exemptions to withholding that may be claimed with Form 

W-8EXP. These revisions are not intended to be 

substantive changes.

Qualified foreign pension funds. These instructions 

have been updated to reflect final regulations published in 

December 2022 (87 FR 80042) regarding qualified foreign 

pension funds and claiming an exemption to withholding 

under section 1445.

Non-private foundation status. The instructions to 

line 13c have been updated for revisions to the supporting 

information required for an entity qualifying under section 

501(c)(3) to represent that it is not a foreign private 

foundation. These revisions generally relate to 

modifications to Rev. Proc. 92-94, 1992-2 C.B. 507 

(previously referenced in these instructions) that were 

made in Rev. Proc. 2017-53, 2017-40 I.R.B. 263.

General Instructions

Purpose of Form

If you receive certain types of income, you must provide 

Form W-8EXP to:

• Establish that you are not a U.S. person;

• Claim that you are the beneficial owner of the income 

for which Form W-8EXP is given; and

• Claim a reduced rate of, or exemption from, withholding 

as a foreign government, international organization, 

foreign central bank of issue, foreign tax-exempt 

organization, foreign private foundation, or a government 

of a U.S. territory.

In addition, a withholding qualified holder under section 

1445 may use a Form W-8EXP to establish that it is 

treated as a non-foreign person and claim an exemption to 

withholding pursuant to section 897(l) (relating to qualified 

foreign pension funds).

Withholding rules. Foreign persons are subject to U.S. 

tax at a 30% rate on payments they receive from U.S. 

sources that consist of:

• Interest (including certain original issue discount (OID));

• Dividends;

• Rents;

• Royalties;

• Premiums;

• Annuities;

• Compensation for, or in expectation of, services 

performed;

• Substitute payments in a securities lending transaction; 

or

• Other fixed or determinable annual or periodical gains, 

profits, or income.

This tax is imposed on the gross amount paid and is 

generally collected by withholding under section 1441 or 

1442 on that amount. Certain payments made to foreign 

private foundations are instead subject to tax at a 4% rate 

under section 1443.

Under chapter 4, withholdable payments made to a 

foreign entity are generally subject to withholding at a 30% 

rate unless the entity has established an exemption to 

withholding based on a valid chapter 4 status.

Gain or loss of a foreign person on the disposition of a 

U.S. real property interest (USRPI) is taken into account 

as if the gain or loss is effectively connected with a U.S. 

trade or business under section 897. The transferee is 

generally required to withhold tax from the amount 

realized under section 1445. Certain distributions by 

qualified investment entities (QIEs) that are attributable to 

the disposition of USRPIs are also subject to withholding 

under section 1445. Gain or loss of a foreign person that 

is a qualified holder (as defined in Regulations section 

1.897(l)-1(d)) on the disposition of a USRPI or on a 

portion of a distribution from a qualified investment entity 

that is attributable to the disposition of USRPIs is exempt 

from tax under section 897 and from withholding under 

section 1445. The amount realized by a foreign 

partnership all the interests of which are held by qualified 

holders (a withholding qualified holder as defined in 

Regulations section 1.1445-1(g)(11)) on the disposition of 

a USRPI or a distribution from a QIE that is attributable to 

the disposition of USRPIs is exempt from withholding 

under section 1445.

Foreign persons are also subject to tax at graduated 

rates on income they earn that is considered effectively 

connected with a U.S. trade or business. If a foreign 

person holds an interest in a partnership that conducts a 

U.S. trade or business, the foreign person is considered to 

be engaged in a U.S. trade or business. The partnership is 

Nov 7, 2023 Cat. No. 25903G
required to withhold tax under section 1446(a) on the 

foreign person's allocable share of the partnership's 

effectively connected taxable income (ECTI). A foreign 

person that directly or indirectly disposes of an interest in 

a partnership that conducts a U.S. trade or business may 

have gain treated as effectively connected income under 

section 864(c)(8). Under section 1446(f), the transferee 

purchasing that partnership interest is generally required 

to withhold a tax equal to 10% of the amount realized.

Exemptions to withholding. In general, payments to a 

foreign government (including a foreign central bank of 

issue wholly owned by a foreign sovereign) from 

investments in the United States in stocks, bonds, other 

domestic securities, financial instruments held in the 

execution of governmental financial or monetary policy, 

and interest on deposits in banks in the United States are 

exempt from tax under section 892 and exempt from 

withholding under sections 1441 and 1442. Payments 

other than those described above, including income 

derived in the United States from the conduct of a 

commercial activity, income received from a controlled 

commercial entity (including gain from the disposition of 

any interest in a controlled commercial entity), and income 

received by a controlled commercial entity, do not qualify 

for exemption from tax under section 892 or exemption 

from withholding under sections 1441 and 1442. See 

Temporary Regulations section 1.892-3T. In addition, 

certain distributions to a foreign government from a real 

estate investment trust (REIT) may not be eligible for relief 

from withholding and may be subject to withholding at 

21% (35% for distributions made before January 1, 2018) 

of the gain realized. For the definition of “commercial 

activities,” see Temporary Regulations section 1.892-4T.

In general, payments to an international organization 

from investment in the United States in stocks, bonds and 

other domestic securities, interest on deposits in banks in 

the United States, and payments from any other source 

within the United States are exempt from tax under 

section 892 and exempt from withholding under sections 

1441 and 1442. See Temporary Regulations section 

1.892-6T. Payments to a foreign central bank of issue 

(whether or not wholly owned by a foreign sovereign) or to 

the Bank for International Settlements from obligations of 

the United States or of any agency or instrumentality 

thereof, or from interest on deposits with persons carrying 

on the banking business, are also generally exempt from 

tax under section 895 and exempt from withholding under 

sections 1441 and 1442. In addition, payments to a 

foreign central bank of issue from bankers’ acceptances 

are exempt from tax under section 871(i)(2)(C) and 

exempt from withholding under sections 1441 and 1442.

Payments to a foreign tax-exempt organization of 

certain types of U.S. source income are also generally 

exempt from tax and exempt from withholding. Gross 

investment income of a foreign private foundation, 

however, is subject to withholding under section 1443(b) 

at a rate of 4%.

Payments to a government of a territory of the United 

States are generally exempt from tax and withholding 

under section 115(2).

To establish eligibility for exemption from 30% tax and 

withholding under sections 892, 895, 501(c), or 115(2), a 

foreign government, international organization, foreign 

central bank of issue, foreign tax-exempt organization, 

foreign private foundation, or government of a U.S. 

territory must provide a Form W-8EXP to a withholding 

agent or payer with all necessary documentation. The 

withholding agent or payer of the income may rely on a 

valid Form W-8EXP to treat the payment, credit, or 

allocation associated with the Form W-8EXP as being 

made to a foreign government, international organization, 

foreign central bank of issue, foreign tax-exempt 

organization, foreign private foundation, or government of 

a U.S. territory that is exempt from withholding at the 30% 

rate (or, where appropriate, subject to withholding at a 4% 

rate).

For purposes of section 1445, a withholding qualified 

holder may establish an exemption from tax under section 

897 by providing a Form W-8EXP to a withholding agent 

or transferee. A withholding qualified holder is not exempt 

from withholding under section 1441 or 1442 by virtue of 

its status as a withholding qualified holder.

For purposes of section 1446(a), a partner may provide 

a Form W-8EXP to reduce its ECTI subject to withholding 

if it is a:

• Foreign tax-exempt organization (under section 501(c)) 

receiving an allocable share of income that is not 

includible under sections 512 and 513, or

• Qualified holder under section 1445 receiving an 

allocable share of income subject to section 897. See 

Regulations section 1.1446-1(c)(2)(ii)(G).

In addition chapter 4 requires withholding agents to 

identify the chapter 4 status of payees receiving 

withholdable payments to determine whether withholding 

applies under chapter 4. Under chapter 4, certain foreign 

governments, foreign central banks, international 

organizations, and foreign entities described in section 

501(c) (other than an insurance company described in 

section 501(c)(15)) are not subject to withholding under 

chapter 4. A withholding agent may request this Form 

W-8EXP to establish your chapter 4 status and avoid 

withholding.

Chapter 4 also requires participating foreign financial 

institutions (FFIs) and certain registered 

deemed-compliant FFIs to document entity account 

holders in order to determine their chapter 4 status 

regardless of whether withholding applies to any 

payments made to the entities. If you maintain an account 

with an FFI and have a chapter 4 status shown in Part I, 

line 4 of this form, provide this Form W-8EXP when 

requested by the FFI in order to document your chapter 4 

status.

Additional information. For additional information and 

instructions for the withholding agent, see the Instructions 

for the Requester of Forms W–8 BEN, W–8 BEN–E, W–8 

ECI, W–8 EXP, and W–8 IMY.

Who must provide Form W-8EXP. You must give Form 

W-8EXP to the withholding agent or payer if you are:

• A foreign government, international organization, 

foreign central bank of issue, foreign tax-exempt 

organization, foreign private foundation, or government of 

a U.S. territory receiving an amount subject to withholding 

under sections 1441 through 1443 or a withholdable 

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payment subject to chapter 4, or are such an entity 

maintaining an account with an FFI requesting this form;

• A withholding qualified holder claiming an exemption to 

withholding under section 1445;

• A foreign tax-exempt organization claiming an 

exemption to withholding under section 1446(a) on your 

allocable share of ECTI that is not includible under section 

512 and section 513 for purposes of computing unrelated 

business taxable income;

• A qualified holder claiming an exemption to withholding 

under section 1446(a) on its allocable share of ECTI that 

is income subject to section 897; or

• Otherwise establishing your status as a non-U.S. 

person (for an entity permitted to use this form under 

applicable regulations).

When not to use Form W-8EXP. Do not use Form 

W-8EXP if you are:

• Not a foreign government, international organization, 

foreign central bank of issue, foreign tax-exempt 

organization, foreign private foundation, or government of 

a U.S. territory receiving amounts subject to withholding 

under sections 1441 through 1443 claiming the 

applicability of section 115(2), 501(c), 892, 895, or 

1443(b). Instead, provide Form W-8BEN-E, or Form 

W-8ECI. For example, if you are a foreign tax-exempt 

organization claiming a benefit under an income tax treaty, 

provide Form W-8BEN-E.

• Receiving a withholdable payment from a withholding 

agent requesting this form and you do not have a 

chapter 4 status identified in Part I, line 4 of this form.

• Acting as an intermediary (that is, acting not for your 

own account, but for the account of others as an agent, 

nominee, or custodian). Instead, provide Form W-8IMY.

• Receiving income that is effectively connected with the 

conduct of a trade or business in the United States. 

Instead, provide Form W-8ECI, when applicable.

• A tax-exempt organization receiving unrelated business 

taxable income subject to withholding under section 

1443(a). Instead, provide Form W-8BEN-E or Form 

W-8ECI (as applicable) for this portion of your income.

• A foreign partnership, a foreign simple trust, a foreign 

complex trust, or a foreign grantor trust. Instead, provide 

Form W-8ECI, W-8BEN-E, or Form W-8IMY. However, a 

foreign grantor trust is required to provide documentation 

of its grantor or other owner for purposes of section 1446. 

See Regulations section 1.1446-1. In addition, a foreign 

partnership may use this form to establish its status as a 

withholding qualified holder exempt from withholding 

under section 1445.

• A foreign partnership receiving a payment subject to 

withholding under section 1445 and you don't qualify as a 

withholding qualified holder under section 1445 because 

not all of your partners are qualified holders. In such a 

case, see Regulations section 1.1445-3 for procedures to 

obtain a withholding certificate to reduce withholding.

• A foreign partnership claiming an exemption or 

adjustment to withholding under section 1446(f) on an 

amount realized on the transfer of an interest in a 

partnership.

Giving Form W-8EXP to the withholding agent. Do 

not send Form W-8EXP to the IRS. Instead, give it to the 

person who is requesting it from you. Generally, this 

person will be the one from whom you receive the 

payment (including the transferee of a USRPI), who 

credits your account, or a partnership that allocates 

income to you. Generally, a separate Form W-8EXP must 

be given to each withholding agent.

Give Form W-8EXP to the person requesting it before 

the payment is made, credited, or allocated to you or your 

account. If you qualify for an exemption to tax, but do not 

provide this form, the withholding agent may have to 

withhold tax at the highest applicable rate. If you receive 

more than one type of income from a single withholding 

agent, the withholding agent may require you to submit a 

Form W-8EXP for each different type of income.

Expiration of Form W-8EXP. Generally, a Form W-8EXP 

remains in effect indefinitely until a change of 

circumstances makes any information provided on the 

form incorrect. In some cases, however, Form W-8EXP 

will remain valid only for a period starting on the date the 

form is signed and ending on the last day of the third 

succeeding calendar year. For example, a Form W-8EXP 

provided on February 15, 2022, by a controlled entity of a 

foreign government would be subject to the 3-year validity 

period and thus would expire on December 31, 2025, for 

sections 1441 through 1443 purposes. For more 

exceptions to the indefinite validity period, see:

• Regulations section 1.1441-1(e)(4)(ii) for sections 1441 

through 1443 purposes,

• Regulation section 1.1445-5(b)(3)(ii)(B)(3) (2 years) for 

1445 purposes,

• Regulation section 1.1446-1(c)(2)(iv) for section 1446 

purposes, and

• Regulations section 1.1471-3(c)(6)(ii) for chapter 4 

purposes.

Change in circumstances. If a change in circumstances 

makes any information on the Form W-8EXP you have 

submitted incorrect, you must notify the withholding agent 

within 30 days of the change in circumstances and you 

must file a new Form W-8EXP or other appropriate form. A 

withholding qualified holder that fails to qualify as a 

withholding qualified holder due to a change in 

circumstances must notify the relevant entity before any 

further dispositions or distributions. See Regulations 

section 1.1445-5(b)(3)(ii)(B)(3).

Definitions

Amounts exempt from tax under section 895. Section 

895 generally excludes from gross income and exempts 

from U.S. taxation income a foreign central bank of issue 

receives from obligations of the United States (or of any 

agency or instrumentality thereof) or from interest on 

deposits with persons carrying on the banking business 

unless such obligations or deposits are held for, or used in 

connection with, the conduct of commercial banking 

functions or other commercial activities of the foreign 

central bank of issue.

Amounts exempt from tax under section 892. Only a 

foreign government or an international organization as 

defined below qualifies for exemption from taxation under 

section 892. Section 892 generally excludes from gross 

income and exempts from U.S. taxation income a foreign 

government receives from investments in the United 

Instructions for Form W-8EXP (Rev. 10-2023) -3-
States in stocks, bonds, or other domestic securities; 

financial instruments held in the execution of 

governmental financial or monetary policy; and interest on 

deposits in banks in the United States of monies 

belonging to the foreign government. Income of a foreign 

government from any of the following sources is not 

exempt from U.S. taxation.

• The conduct of any commercial activity.

• A controlled commercial entity.

• The disposition of any interest in a controlled 

commercial entity. For the definition of “commercial 

activity,” see Temporary Regulations section 1.892-4T.

Section 892 also generally excludes from gross income 

and exempts from U.S. taxation income of an international 

organization received from investments in the United 

States in stocks, bonds, or other domestic securities and 

interest on deposits in banks in the United States of 

monies belonging to the international organization or from 

any other source within the United States.

Amounts subject to withholding. Generally, an amount 

subject to withholding under sections 1441 through 1443 

is an amount from sources within the United States that is 

fixed or determinable annual or periodical (FDAP) income. 

FDAP income is all income included in gross income, 

including interest (as well as OID), dividends, rents, 

royalties, and compensation. FDAP income does not 

include most gains from the sale of property (including 

market discount and option premiums), as well as other 

specific items of income described in Regulations section 

1.1441-2 (such as interest on bank deposits and 

short-term OID).

For purposes of sections 1445 and 1446(f), the amount 

subject to withholding is generally the transferor's amount 

realized.

For purposes of section 1446(a), the amount subject to 

withholding is the foreign partner’s allocable share of the 

partnership’s ECTI.

An amount subject to chapter 4 withholding is an 

amount of U.S. source FDAP income that is also a 

withholdable payment as defined in Regulations section 

1.1473-1(a) to which an exception does not apply under 

chapter 4. The exemptions from withholding or taxation 

provided for under chapter 3 are not applicable when 

determining whether withholding applies under chapter 4. 

For exceptions applicable to the definition of a 

withholdable payment, see Regulations section 

1.1473-1(a)(4) (exempting, for example, certain 

nonfinancial payments).

Beneficial owner. For payments other than those for 

which a reduced rate of, or exemption from, withholding is 

claimed under an income tax treaty, the beneficial owner 

of income is generally the person who is required under 

U.S. tax principles to include the payment in gross income 

on a tax return. A person is not a beneficial owner of 

income, however, to the extent that person is receiving the 

income as a nominee, agent, or custodian, or to the extent 

the person is a conduit whose participation in a 

transaction is disregarded. In the case of amounts paid 

that do not constitute income, beneficial ownership is 

determined as if the payment were income.

Foreign partnerships, foreign simple trusts, and foreign 

grantor trusts are not the beneficial owners of income paid 

to the partnership or trust. The beneficial owners of 

income paid to a foreign partnership are generally the 

partners in the partnership, provided that the partner is not 

itself a partnership, foreign simple or grantor trust, 

nominee, or other agent. The beneficial owners of income 

paid to a foreign simple trust (that is, a foreign trust that is 

described in section 651(a)) are generally the 

beneficiaries of the trust, if the beneficiary is not a foreign 

partnership, foreign simple or grantor trust, nominee, or 

other agent. The beneficial owners of income paid to a 

foreign grantor trust (that is, a foreign trust to the extent 

that all or a portion of the income of the trust is treated as 

owned by the grantor or another person under sections 

671 through 679) are the persons treated as the owners of 

the trust. The beneficial owners of income paid to a 

foreign complex trust (that is, a foreign trust that is not a 

foreign simple trust or foreign grantor trust) is the trust 

itself.

The beneficial owner of income paid to a foreign estate 

is the estate itself.

These beneficial owner rules apply primarily for 

purposes of withholding under sections 1441 and 1442. 

The rules also generally apply for purposes of section 

1446, with a few exceptions. See Regulations section 

1.1446-1 for instances where the documentation 

requirements of sections 1441 and 1442 differ from 

section 1446.

For purposes of completing Form W-8EXP, a foreign 

partnership that is a withholding qualified holder under 

section 1445 should be identified as the beneficial owner.

Chapter 3. Chapter 3 means chapter 3 of the Internal 

Revenue Code (Withholding of Tax on Nonresident Aliens 

and Foreign Corporations) under sections 1441 through 

1464.

Chapter 4. Chapter 4 means chapter 4 of the Internal 

Revenue Code (Taxes to Enforce Reporting on Certain 

Foreign Accounts). Chapter 4 contains sections 1471 

through 1474.

Commercial activities. For purposes of chapter 4, 

commercial activities are financial activities of a type 

engaged in by an insurance company, custodial institution, 

or depository institution (including the act of accepting 

deposits). An exempt beneficial owner will not be 

considered exempt for chapter 4 purposes with respect to 

payments derived from an obligation held in connection 

with a commercial financial activity. See Regulations 

section 1.1471-6(h), including limitations on the scope of 

a commercial financial activity. For purposes of chapter 3, 

commercial activities are described in Temporary 

Regulations section 1.892-4T.

Controlled commercial entity. A controlled commercial 

entity is an entity engaged in commercial activities 

described in Temporary Regulations section 1.892-4T 

(whether conducted within or outside the United States) if 

the foreign government holds (directly or indirectly):

• Any interest in the entity which (by value or voting 

power) is 50% or more of the total of such interests in the 

entity, or

-4- Instructions for Form W-8EXP (Rev. 10-2023)
• A sufficient interest (by value or voting power) or any 

other interest in the entity which provides the foreign 

government with effective practical control of the entity.

For this purpose, an entity means a corporation, a 

partnership, a trust (including a pension trust), and an 

estate. A partnership’s commercial activities are 

attributable to its general and, subject to Proposed 

Regulations section 1.892-5(a)(5), limited partners for 

purposes of determining whether the partner is a 

controlled commercial entity for purposes of section 892. 

The partnership’s commercial activities will result in the 

partnership having to withhold tax under section 1446 on 

commercial income that is the ECTI allocable to a foreign 

government partner.

Note. A foreign central bank of issue will be treated as a 

controlled commercial entity only if it engages in 

commercial activities within the United States.

Chapter 4 status. The term chapter 4 status means a 

person’s status as a U.S. person, specified U.S. person, 

foreign person, participating FFI, deemed-compliant FFI, 

restricted distributor, exempt beneficial owner, 

nonparticipating FFI, territory financial institution, 

excepted nonfinancial foreign entity (NFFE), or passive 

NFFE. See Regulations section 1.1471-1(b) for the 

definitions of these terms.

Deemed-compliant FFI. Under section 1471(b)(2), 

certain FFIs are deemed to comply with the regulations 

under chapter 4 without the need to enter into an FFI 

agreement with the IRS. However, certain 

deemed-compliant FFIs are required to register with the 

IRS and obtain a Global Intermediary Identification 

Number (GIIN). These FFIs are referred to as registered 

deemed-compliant FFIs. See Regulations section 

1.1471-5(f).

Exempt beneficial owner. An exempt beneficial owner 

means a person that is described in Regulations section 

1.1471-6 and includes a foreign government, a political 

subdivision of a foreign government, a wholly owned 

instrumentality or agency of a foreign government or 

governments, an international organization, a wholly 

owned agency or instrumentality of an international 

organization, a foreign central bank of issue, a 

government of a U.S. territory, certain retirement funds, 

and certain entities wholly owned by one or more exempt 

beneficial owners. In addition, an exempt beneficial owner 

includes any person treated as an exempt beneficial 

owner under an applicable Model 1 IGA or Model 2 IGA 

(defined later).

Financial institution. A financial institution generally 

means an entity that is a depository institution, custodial 

institution, investment entity, or an insurance company (or 

holding company of an insurance company) that issues 

cash value insurance or annuity contracts. See 

Regulations section 1.1471-5(e).

Foreign central bank of issue. A foreign central bank of 

issue is a bank that is by law or government sanction the 

principal authority, other than the government itself, to 

issue instruments intended to circulate as currency. Such 

a bank is generally the custodian of the banking reserves 

of the country under whose law it is organized. The Bank 

of International Settlements is treated as though it were a 

foreign central bank of issue.

A foreign central bank of issue must provide Form 

W-8EXP to establish eligibility for exemption from 

withholding for payments exempt from tax under either 

section 892 or section 895.

Foreign financial institution (FFI). An FFI generally 

means a foreign entity that is a financial institution.

Foreign person. A foreign person includes a nonresident 

alien individual, foreign corporation, foreign partnership, 

foreign trust, foreign estate, foreign government, 

international organization, foreign central bank of issue, 

foreign tax-exempt organization, foreign private 

foundation, or government of a U.S. territory, and any 

other person that is not a U.S. person. It also includes a 

foreign branch or office of a U.S. financial institution or 

U.S. clearing organization if the foreign branch is a 

qualified intermediary. Generally, a payment to a U.S. 

branch of a foreign person is a payment to a foreign 

person.

Foreign government. For chapter 3 purposes, a foreign 

government includes only the integral parts or controlled 

entities of a foreign sovereign as defined in Temporary 

Regulations section 1.892-2T. See Regulations section 

1.1471-6(b) for definitions of integral part and controlled 

entity that apply for chapter 4 purposes.

An integral part of a foreign sovereign, in general, is any 

person, body of persons, organization, agency, bureau, 

fund, instrumentality, or other body, however designated, 

that constitutes a governing authority of a foreign country. 

The net earnings of the governing authority must be 

credited to its own account or to other accounts of the 

foreign sovereign, with no portion benefiting any private 

person.

A controlled entity of a foreign sovereign is an entity 

that is separate in form from the foreign sovereign or 

otherwise constitutes a separate juridical entity only if:

• It is wholly owned and controlled by the foreign 

sovereign directly or indirectly through one or more 

controlled entities.

• It is organized under the laws of the foreign sovereign 

by which it is owned.

• Its net earnings are credited to its own account or to 

other accounts of the foreign sovereign, with no portion of 

its income inuring to the benefit of any private person.

• Its assets vest in the foreign sovereign upon dissolution.

A controlled entity of a foreign sovereign also includes 

a pension trust defined in Temporary Regulations section 

1.892-2T(c) and may include a foreign central bank of 

issue to the extent that it is wholly owned by a foreign 

sovereign.

A foreign government must provide Form W-8EXP to 

establish eligibility for exemption from withholding for 

payments exempt from tax under section 892 or for 

purposes of establishing its status as an exempt beneficial 

owner.

Intergovernmental agreement (IGA). An IGA means a 

Model 1 IGA or a Model 2 IGA. For a list of jurisdictions 

treated as having in effect a Model 1 or Model 2 IGA, see 

Instructions for Form W-8EXP (Rev. 10-2023) -5-
the list of jurisdictions at home.treasury.gov/Policy-Issues/

Tax-Policy/Foreign-Account-Tax-Compliance-Act.

A Model 1 IGA means an agreement between the 

United States or the Treasury Department and a foreign 

government or one or more agencies to implement FATCA 

through reporting by FFIs to such foreign government or 

agency thereof, followed by automatic exchange of the 

reported information with the IRS. An FFI in a Model 1 IGA 

jurisdiction that performs account reporting to the 

jurisdiction’s government is referred to as a reporting 

Model 1 FFI.

A Model 2 IGA means an agreement or arrangement 

between the United States or the Treasury Department 

and a foreign government or one or more agencies to 

implement FATCA through reporting by FFIs directly to the 

IRS in accordance with the requirements of an FFI 

agreement, supplemented by the exchange of information 

between such foreign government or agency thereof and 

the IRS. An FFI in a Model 2 IGA jurisdiction that has 

entered into an FFI agreement with respect to a branch is 

a participating FFI, but may be referred to as a reporting 

Model 2 FFI.

International organization. For purposes of chapter 3, 

an international organization is any public international 

organization entitled to enjoy privileges, exemptions, and 

immunities as an international organization under the 

International Organizations Immunities Act (22 U.S.C. 

288-288(f)). In general, to qualify as an international 

organization, the United States must participate in the 

organization pursuant to a treaty or under the authority of 

an Act of Congress authorizing such participation.

Any organization that qualifies as an international 

organization under chapter 3 also qualifies as an 

international organization under chapter 4.

For purposes of chapter 4, an international organization 

also includes any intergovernmental or supranational 

organization that is comprised primarily of foreign 

governments, that is recognized as an intergovernmental 

or supranational organization under a foreign law similar to 

22 U.S.C. 288-288(f) or that has in effect a headquarters 

agreement with a foreign government, and whose income 

does not inure to the benefit of private persons.

Participating FFI. A participating FFI is an FFI that has 

agreed to comply with the terms of an FFI agreement with 

respect to all branches of the FFI, other than a branch that 

is a reporting Model 1 FFI or a U.S. branch. The term 

participating FFI also includes a reporting Model 2 FFI and 

a QI branch of a U.S. financial institution, unless such 

branch is a reporting Model 1 FFI.

Qualified controlled entity. A qualified controlled entity 

is a trust or corporation created or organized under the 

laws of a foreign jurisdiction, all of the interests of which 

are held by one or more qualified foreign pension funds 

directly or indirectly through one or more qualified 

controlled entities.

Qualified foreign pension fund. A qualified foreign 

pension fund is a person that satisfies the requirements of 

section 897(l) and Regulations section 1.897(l)-1.

Qualified holder. A qualified holder is a qualified foreign 

pension fund (including a part of a qualified foreign 

pension fund) or a qualified controlled entity that satisfies 

the requirements of either Regulations section 

1.897(l)-1(d)(2) or Regulations section 1.897(l)-1(d)(3).

Qualified investment entity. A qualified investment 

entity is a person described in section 897(h)(4).

Specified U.S. person. A specified U.S. person is any 

U.S. person other than a person identified in Regulations 

section 1.1473-1(c).

Substantial U.S. owner. A substantial U.S. owner (as 

described in Regulations section 1.1473-1(b)) means any 

specified U.S. person that:

• Owns, directly or indirectly, more than 10% (by vote or 

value) of the stock of any foreign corporation;

• Owns, directly or indirectly, more than 10% of the profits 

interests or capital interests in a foreign partnership;

• Is treated as an owner of any portion of a foreign trust 

under sections 671 through 679; or

• Holds, directly or indirectly, more than a 10% beneficial 

interest in a trust.

Territory financial institution. The term territory 

financial institution means a financial institution that is 

incorporated or organized under the laws of any U.S. 

territory. However, an investment entity that is not also a 

depository institution, custodial institution, or specified 

insurance company is not a territory financial institution.

Withholdable payment. The term withholdable payment 

means an amount subject to withholding for purposes of 

chapter 4 as described in Amounts subject to withholding, 

earlier. Also see Regulations section 1.1473-1(a) for the 

definition of withholdable payment.

Withholding agent. Any person, U.S. or foreign, that has 

control, receipt, custody, disposal, or payment of U.S. 

source FDAP income subject to chapter 3 or 4 withholding 

is a withholding agent. The withholding agent may be an 

individual, corporation, partnership, trust, association, or 

any other entity, including (but not limited to) any foreign 

intermediary, foreign partnership, and U.S. branches of 

certain foreign banks and insurance companies.

Withholding qualified holder. The term withholding 

qualified holder means a qualified holder (under 

Regulations section 1.897(l)-1(d)), and a foreign 

partnership all of the interests of which are held by 

qualified holders (under Regulations section 

1.897(l)-1(d)), including through one or more partnerships.

Specific Instructions

Part I — Identification of Beneficial 

Owner

Before completing Part I, complete the Worksheet for 

Foreign Governments, International Organizations, and 

Foreign Central Banks of Issue, later, to determine 

whether amounts received are or will be exempt from U.S. 

tax under section 892 or 895 and exempt from withholding 

under sections 1441 and 1442. Use the results of this 

worksheet to check the appropriate box on line 3 and in 

Part II. Do not give the worksheet to the withholding agent. 

Instead, keep it for your records.

Line 1. Enter the full name of the organization.

-6- Instructions for Form W-8EXP (Rev. 10-2023)
Line 2. Enter the country under the laws of which the 

foreign government or other foreign organization was 

created, incorporated, organized, or governed.

Line 3. Check the one box that applies (unless you are 

also documenting yourself as a withholding qualified 

holder under section 1445). A foreign central bank of 

issue (wholly owned by a foreign sovereign) should check 

the “Foreign government” box. If you are a foreign private 

foundation, you should check the “Foreign private 

foundation” box rather than the “Foreign tax-exempt 

organization” box. If you are providing this form to claim an 

exemption to withholding under section 1445 as a 

qualified foreign pension fund that is a qualified holder 

(within the meaning of Regulations section 1.897(l)-1(e)

(11)) or as a foreign partnership, all of the interests of 

which are held by qualified holders, including through one 

or more partnerships, you should check the “Withholding 

qualified holder under section 1445” box. See Regulations 

section 1.1445-1(g)(11). For purposes of completing this 

Form W-8EXP, a foreign partnership that is a withholding 

qualified holder should identify itself as the beneficial 

owner.

If you are providing this form to document yourself as a 

withholding qualified holder under section 1445 and for 

purposes of sections 1441-1443 or section 1446, check 

the "Withholding qualified holder under section 1445" box 

and the one box that otherwise applies to your status. In 

all other cases, only one box should be checked.

Line 4. Check the one box that applies to your chapter 4 

status (if necessary). You are required to provide a 

chapter 4 status if you are the payee of a withholdable 

payment or hold an account with an FFI requesting this 

form. See Regulations section 1.1471-3(a) for the 

definition of a payee for purposes of chapter 4. By 

checking a box on this line, you are representing that you 

qualify for this classification and, if you are claiming a 

status as an exempt beneficial owner, that you are the 

beneficial owner of the payments to which this form 

relates for purposes of chapter 4.

For certain chapter 4 statuses, you are required to 

complete an additional line on this form certifying 

that you meet the conditions of the status 

indicated on line 4 (as defined under Regulations section 

1.1471-5 or 1.1471-6 or an applicable IGA). Make sure 

you complete the required portion of this form before 

signing and providing it to the withholding agent.

If you do not certify as to your chapter 4 status, 

this Form W-8EXP will not be valid for purposes of 

chapter 4 if you receive a withholdable payment at 

any time in the future. For example, if you do not certify as 

to your chapter 4 status because the only payments you 

receive from the withholding agent are with respect to 

grandfathered obligations described in Regulations 

section 1.1471-2(b), then you will be required to resubmit 

Form W-8EXP and certify to your chapter 4 status if you 

receive a withholdable payment in the future. You may 

consider certifying to your chapter 4 status even if not 

required in order to avoid resubmitting Form W-8EXP to 

the withholding agent. See Expiration of Form W-8EXP, 

earlier.

TIP

CAUTION

!

Line 5. The permanent address of a foreign government, 

international organization, or foreign central bank of issue 

is where it maintains its principal office. For all other 

organizations, the permanent address is the address in 

the country where the organization claims to be a resident 

for tax purposes. Do not show the address of a financial 

institution, a post office box, or an address used solely for 

mailing purposes unless such address is the only 

permanent address you use and it appears as your 

registered address in your organizational documents.

Line 6. Enter the mailing address only if it is different from 

the address shown on line 5.

Line 7. A U.S. taxpayer identification number (TIN) 

means an employer identification number (EIN). A U.S. 

TIN is generally required if you are claiming an exemption 

or reduced rate of withholding based solely on your claim 

of tax-exempt status under section 501(c) or private 

foundation status. Use Form SS-4 to obtain an EIN.

Line 8a. If the organization has registered with the IRS as 

a participating FFI (including a reporting Model 2 FFI), 

registered deemed-compliant FFI (including a reporting 

Model 1 FFI), or a direct reporting NFFE, provide your 

GIIN. For payments made prior to January 1, 2015, a 

Form W-8EXP provided by a reporting Model 1 FFI need 

not contain a GIIN. For payments made prior to January 1, 

2016, a sponsored direct reporting NFFE may provide the 

GIIN of its sponsoring entity.

Line 8b. If you are providing this Form W-8EXP to 

document yourself as an account holder (as defined in 

Regulations section 1.1471-5(a)(3)) with respect to a 

financial account (as defined in Regulations section 

1.1471-5(b)) that you hold at a U.S. office of a financial 

institution (including a U.S. branch of an FFI) and you 

receive U.S. source income reportable on a Form 1042-S 

associated with this form, you must provide on line 8b the 

foreign TIN (FTIN) issued to you by the jurisdiction in 

which you are a tax resident identified on line 5 unless:

• Your jurisdiction of residence is identified on the List of 

Jurisdictions That Do Not Issue Foreign TINs at IRS.gov/

Businesses/Corporations/List-of-Jurisdictions-That-DoNot-Issue-Foreign-TINs; or

• You properly identified yourself as a foreign 

government, foreign central bank of issue, international 

organization, or government of a U.S. territory on line 3.

If you are providing this form to document a financial 

account described above but you do not enter an FTIN on 

line 8b, and you are not a foreign government, foreign 

central bank of issue, international organization, or 

government of a U.S. territory, you must provide the 

withholding agent with an explanation of why you have not 

been issued a TIN (including if the jurisdiction does not 

issue TINs). For this purpose, an explanation is a 

statement that you are not legally required to obtain a TIN 

in your jurisdiction of tax residence. The explanation may 

be written on line 8b, in the margins of the form, or on a 

separate attached statement associated with the form. If 

you are writing the explanation on line 8b, you may 

shorten it to “not legally required.” Do not write “not 

applicable.”

Instructions for Form W-8EXP (Rev. 10-2023) -7-
If you are providing this form to certify your status as a 

withholding qualified holder under section 1445 and did 

not provide an EIN on line 7, provide your FTIN on line 8b.

Line 9. This line may be used by the filer of Form 

W-8EXP or by the withholding agent to whom it is 

provided to include any referencing information that is 

necessary or useful to the withholding agent in carrying 

out its obligations. For example, a filer may use line 9 to 

include the name and number of the account for which the 

filer is providing the form.

Part II — Qualification Statement for 

Chapter 3 Status

You are not required to complete a chapter 3 

qualification statement if you are submitting this 

form to document your chapter 4 status and are 

not receiving a payment that is subject to withholding 

under chapter 3. However, in such a case, you may also 

provide Form W-8BEN-E to document your chapter 4 

status.

Line 10. All foreign governments claiming the 

applicability of section 892 must check box 10a as well as 

box 10b or box 10c, whichever applies. Enter the name of 

the foreign sovereign’s country on line 10b (if the entity is 

an integral part of a foreign government) or on line 10c (if 

the entity is a controlled entity of a foreign government). A 

foreign central bank of issue (wholly owned by a foreign 

sovereign) should check box 10c.

Line 11. Check this box if you are an international 

organization. By checking this box, you are certifying to all 

the statements made in line 11.

Line 12. Check this box if you are a foreign central bank 

of issue for purposes of chapter 3 (see definitions) not 

wholly owned by a foreign sovereign. By checking this 

box, you are certifying to all the statements made in 

line 12.

Line 13. If you are a foreign tax-exempt organization, you 

must attach a statement setting forth any income that is 

includible under section 512 in computing your unrelated 

business taxable income.

Box 13a. Check this box if you have been issued a 

determination letter by the IRS. Enter the date of the IRS 

determination letter.

Box 13b. Check this box if you do not have an IRS 

determination letter, but are providing an opinion of U.S. 

counsel concluding that you are an organization described 

in section 501(c).

Box 13c. If you are a section 501(c)(3) organization, 

check this box if you are not a private foundation. You 

must attach to the withholding certificate an affidavit 

setting forth sufficient facts concerning your operations 

and support to enable the IRS to determine that you would 

be likely to qualify as an organization described in section 

509(a)(1), (2), (3), or (4) rather than as a private 

foundation.

The affidavit must be based on information from your 

latest accounting year, identify the type of section 501(c)

(3) organization (for example, charitable, religious, 

educational), and be signed by one of your principal 

TIP

officers. The affidavit must include information on your 

financial support if you are claiming public charity status 

under sections 509(a)(1) and 170(b)(1)(A)(vi) or section 

509(a)(2). See Publication 557, Tax-Exempt Status for 

Your Organization, for information on determining whether 

you are a public charity or private foundation.

In lieu of providing information in an affidavit concerning 

your operations, support, and financial information (when 

applicable), you may satisfy this requirement by 

referencing the opinion of U.S. counsel provided in 

accordance with Box 13b of these instructions when the 

opinion:

• Concludes that you qualify under section 509(a)(1), (2), 

(3), or (4); and

• Meets the requirements of current written advice 

rendered for a public charity equivalency determination in 

Rev. Proc. 2017-53, 2017-40 I.R.B. 263.

If the opinion of U.S. counsel satisfies the above 

requirements, you may check this box despite that 

it references only the affidavit on this form.

An opinion of counsel or affidavit must be renewed if 

there has been a change in facts relevant to your 

tax-exempt status under section 501(c) or your public 

charity status under section 509.

Box 13d. Check this box if you are a section 501(c)(3) 

organization and you are a private foundation described in 

section 509.

Line 14. Check this box if you are a government of a U.S. 

territory. By checking this box you are certifying to the 

statements made in line 14.

Line 15. Check the applicable box if you are a 

withholding qualified holder. By checking one of these 

boxes, you are certifying to the statement made in either 

line 15a or line 15b, as applicable.

Part III — Qualification Statement for 

Chapter 4 Status

You are not required to complete a chapter 4 

qualification statement if you are not the payee of 

a withholdable payment or are not an 

accountholder holding an account with an FFI requesting 

this form.

Line 16. Check this box to indicate that you are treated 

as a nonreporting FFI under an applicable IGA (and as 

defined in the IGA). You must identify the applicable IGA 

by entering the name of the jurisdiction that has the 

applicable IGA in effect with the United States. You must 

also provide the withholding agent with the class of entity 

described in Annex II of the IGA applicable to your status. 

If you are an FFI treated as a registered 

deemed-compliant FFI under an applicable Model 2 IGA, 

you must provide your GIIN in the space provided.

Line 17. Check this box if you are a territory financial 

institution. By checking this box, you are certifying to the 

statement in line 17.

Line 18. Check this box if you are a foreign government, 

government of a U.S. territory, or foreign central bank of 

issue as defined for purposes of chapter 4 (see 

TIP TIP

-8- Instructions for Form W-8EXP (Rev. 10-2023)
Regulations section 1.1471-6). By checking this box, you 

are certifying to the statement made in line 18.

Line 19. Check the applicable box if you are an exempt 

retirement plan of a foreign government as defined for 

purposes of chapter 4. By checking one of these boxes, 

you are certifying to the statement made in either line 19a 

or line 19b, as applicable.

Line 20. Check this box if you are a 501(c) organization 

other than an insurance company described in section 

501(c)(15). By checking this box, you are certifying to the 

statement made in line 20.

Line 21. Check box 21a if you are passive NFFE. If you 

do not have any substantial U.S. owners, check box 21b. If 

you have any substantial U.S. owners, you must provide a 

statement with the information set forth on line 21c.

Line 22. Check this box if you are a sponsored direct 

reporting NFFE. Provide the name of your sponsoring 

entity in the space provided. By checking this box, you are 

certifying to the statement made in line 22.

Part IV — Certification

Form W-8EXP must be signed and dated by an authorized 

official of the foreign government, international 

organization, foreign central bank of issue, foreign 

tax-exempt organization, foreign private foundation, 

government of a U.S. territory, or withholding qualified 

holder, as appropriate. By signing Form W-8EXP, the 

authorized representative, officer, or agent also agrees to 

provide a new form within 30 days following a change in 

circumstances that makes any certification made on the 

form incorrect (unless no future payments will be made to 

the organization by the withholding agent). The authorized 

representative, officer, or agent must also check the box to 

certify that he or she has the capacity to sign for the 

organization.

A withholding agent may allow you to provide this form 

with an electronic signature. The electronic signature must 

indicate that the form was electronically signed by a 

person authorized to do so (for example, with a time and 

date stamp and statement that the form has been 

electronically signed). Simply typing your name into the 

signature line is not an electronic signature.

Paperwork Reduction Act Notice. We ask for the 

information on this form to carry out the Internal Revenue 

laws of the United States. You are required to provide the 

information. We need it to ensure that you are complying 

with these laws and to allow us to figure and collect the 

right amount of tax.

You are not required to provide the information 

requested on a form that is subject to the Paperwork 

Reduction Act unless the form displays a valid OMB 

control number. Books or records relating to a form or its 

instructions must be retained as long as their contents 

may become material in the administration of any Internal 

Revenue law. Generally, tax returns and return information 

are confidential, as required by section 6103.

The time needed to complete and file this form will vary 

depending on individual circumstances. The estimated 

average time is: Recordkeeping, 7hr., 10min.; Learning 

about the law or the form, 5 hr., 42 min.; and Preparing 

and providing the form, 8 hr., 27 min.

If you have comments concerning the accuracy of 

these time estimates or suggestions for making this form 

simpler, we would be happy to hear from you. You can 

send us comments from IRS.gov/FormComments. You 

can write to the Internal Revenue Service, Tax Forms and 

Publications, 1111 Constitution Ave. NW, IR-6526, 

Washington, DC 20224. Do not send Form W-8EXP to 

this office. Instead, give it to your withholding agent.

Instructions for Form W-8EXP (Rev. 10-2023) -9-
WORKSHEET FOR FOREIGN GOVERNMENTS, 

INTERNATIONAL ORGANIZATIONS, AND FOREIGN 

CENTRAL BANKS OF ISSUE Keep for Your Records

(Do not give to the withholding agent.)

Complete this worksheet to determine whether amounts received are or will be exempt from U. S. tax under section 892 or 

section 895 and exempt from withholding under sections 1441 and 1442.

• Foreign governments and foreign central banks of issue, start with question 1.

• International organizations, go directly to question 6.

FOREIGN GOVERNMENT Yes No

1 a Is the foreign government an integral part of a foreign sovereign (see Definitions)? .................

(If “Yes,” go to question 4. If “No,” answer question 1b.)

b Is the foreign government a controlled entity of a foreign sovereign (see Definitions)? ..............

(If “Yes,” answer question 2a. If “No,” go to question 7a.)

2 a Is the controlled entity a foreign central bank of issue (see Definitions)? ..........................

(If “Yes,” answer question 2b. If “No,” go to question 3.)

b Is the foreign central bank of issue engaged in commercial activities within the United States? .......

(If “Yes,” answer question 7a. If “No,” go to question 4.)

3 Is the controlled entity engaged in commercial activities anywhere in the world? ....................

(If “Yes,” income is not exempt from tax under section 892 and may be subject to withholding. Do not

complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,” 

answer question 4.)

4 Does the foreign government or foreign central bank of issue (wholly owned by the foreign sovereign) 

receive income directly or indirectly from any controlled commercial entities or income derived from the 

disposition of any interest in a controlled commercial entity (see Definitions)? .....................

(If “Yes,” income is not exempt from tax under section 892 and may be subject to withholding. Do not

complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,” 

answer question 5.)

5 Is any of the income received by the foreign government or foreign central bank of issue (wholly owned 

by the foreign sovereign) from sources other than investments in the United States in stocks, bonds, 

other domestic securities (as defined in Temporary Regulations section 1.892-3T(a)(3)), financial 

instruments held in the execution of governmental financial or monetary policy (as defined in 

Temporary Regulations section 1.892-3T(a)(4) and (a)(5)), or interest on deposits in banks in the 

United States? ............................................................................

(If “Yes,” income is not exempt from tax under section 892 and may be subject to withholding. Do not 

complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,” 

check the appropriate box on line 10 of Form W-8EXP.)

INTERNATIONAL ORGANIZATION Yes No

6 Is the international organization an organization in which the United States participates pursuant to any 

treaty or under an Act of Congress authorizing such participation and to which the President of the 

United States has issued an Executive Order entitling the organization to enjoy the privileges, 

exemptions, and immunities provided under the International Organization Immunities Act (22 U.S.C. 

288, 288e, 288f)? ..........................................................................

(If “Yes,” check the box on line 11 of Form W-8EXP. If “No,” income may be subject to withholding. Do 

not complete this form for such income. Instead, complete Form W-8BEN-E or W-8ECI.)

FOREIGN CENTRAL BANK OF ISSUE Yes No

7 a Is the entity, whether wholly or partially owned by the foreign sovereign, a foreign central bank of 

issue? ....................................................................................

(If “Yes,” answer question 7b. If “No,” income is not exempt from tax under section 895 and may be 

subject to withholding. Do not complete Form W-8EXP for such income. Instead, complete Form 

W-8BEN-E or W-8ECI.)

b Is the income received by the foreign central bank of issue from sources other than obligations of the 

United States (or any agency or instrumentality thereof) or from interest on deposits with persons 

carrying on the banking business? ...........................................................

(If “Yes,” income is not exempt from tax under section 895 and may be subject to withholding. Do not

complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,” 

answer question 7c.)

c Are the obligations of the United States (or any agency or instrumentality thereof) or bank deposits 

owned by the foreign central bank of issue held for, or used in connection with, the conduct of 

commercial banking functions or other commercial activities by the foreign central bank of 

issue? ....................................................................................

(If “Yes,” income is not exempt from tax under section 895 and may be subject to withholding. Do not

complete Form W-8EXP for such income. Instead, complete Form W-8BEN-E or W-8ECI. If “No,” 

check the box on line 12 of Form W-8EXP.)

-10-