Form W-8BEN-E Client Guidance
This guide was developed by Standard Chartered Bank (SC) to help you complete the Form W-8BEN-E as
part of the Foreign Account Tax Compliance Act (FATCA) requirements with which SC is obliged to comply.
This guide is for information purposes only and should not be interpreted as tax advice of any kind. The
Form W-8BEN-E must be completed in ink and a visible colour, pencil is not allowed. Details to help you
navigate the form are provided in the right-hand column.
A.
Please read this section to ensure you complete the correct Form W-8/W-9. Generally, entities
incorporated in the United States (US)would need to complete a Form W-9 whereas entities
incorporated outside of the US would typically complete a Form W-8BEN-E (unless they act as an
intermediary); however, other Forms W-8 might be more appropriate. You are encouraged to seek
further guidance from a professional advisor if you are unsure.
B. Part I – Identification of Beneficial Owner provides fields for entity details such as name, country
of incorporation, address, Chapter 3 status, and FATCA status (Chapter 4).
Line 1Input the name of the entity here (aligned with the entity’s formation documents) without any
abbreviations. For branches and representative offices, provide the name of the legal entity that is
the head office of the branch or the representative office.
A
Line 2
Input the country of incorporation or establishment (aligned with the entity’s formation documents).
Line 3 Applicable to Disregarded Entities in certain cases. Refer to page 7 of ‘Instructions for Form
W-8BEN-E’.
Line 1
Line 3
B
Line 2
Line 4
Line 4 This section must be completed if the entity is declaring its Chapter 3 status, which is required
in certain situations, including but not limited to cases where the entity is trading US securities
with SC. Only tick one box noting that the entity type is categorised in accordance with US laws
and not under the law of the country where it is incorporated. Additionally, Disregarded Entities,
Partnerships, Simple Trusts and Grantor Trusts must select ‘yes’ or ‘no’ to indicate whether the
entity is a hybrid entity making a tax treaty claim.
Line 5 This is a mandatory field. Tick only 1 of the 31 boxes and remember to complete the corresponding
part located later in the form as referenced beside most of the tick boxes. For example, if you select
‘Passive NFFE’ as your FATCA status, Part XXVI must also be completed. Note: Not all Chapter 4
statuses require the completion of a corresponding part of the Form W-8BEN-E.
Line 6 This is a mandatory field. Provide the entity’s full address, spelt in full with no abbreviations. The
address should be located within the country where the entity claims to be a tax resident, or the
address at which the entity maintains its principal office (in cases where the entity does not have
tax residence).
Line 7 A mailing address is required only if it is different from the address on Line 6. Inputting a US mailing
address on Line 7 is allowed but a written explanation for the US mailing address will be required.
Line 8 A US Tax Identification Number (TIN) is generally required if claiming US tax exemptions under
the Internal Revenue Code and you have not provided a foreign TIN on Line 9b (in addition to
meeting the criteria provided on page 8 of the ‘Instructions for Form W-8BEN-E’).
Line 5
Line 6
Line 7
Line 8
Form W-8BEN-E Client Guidance (8-2015)
Line 9a
Line 9b
Line 10
Line 9a A Global Intermediary Identification Number (GIIN) issued by the US Internal Revenue Service
(IRS) in part for entities required to report under FATCA. A GIIN must be provided if the entity’s
FATCA status is any one of the following: Participating Foreign Financial Institution (FFI),
Reporting Model 1 FFI, Reporting Model 2 FFI, Registered Deemed-Compliant FFI, Nonreporting
IGA FFI, Direct Reporting Non-Financial Foreign Entity (NFFE) or Sponsored Direct Reporting
NFFE. A Nonreporting IGA FFI that is a Trustee Documented Trust must input the GIIN of the
Trustee here.
Line 9b This is an optional field where you may provide the TIN issued by the entity’s country of tax residence.
Line 10 This is an optional field where you may include reference numbers such as your SC account number(s).
The highlighted parts denote the corresponding section to be completed later on in the Form
W-8BEN-E.
Page 1
Page 7
Form W-8BEN-E (2-2014)
Part XXII
36
Non-Profit Organization
I certify that the entity identified in Part I is a non-profit organization that meets the following requirements:
• The entity is established and maintained in its country of residence exclusively for religious, charitable, scientific, artistic, cultural or educational purposes;
Form W-8BEN-E Client Guidance
• The entity is exempt from income tax in its country of residence;
• The entity has no shareholders or members who have a proprietary or beneficial interest in its income or assets;
• Neither the applicable laws of the entity's country of residence nor the entity's formation documents permit any income or assets of the entity
to be distributed to, or applied for the benefit of, a private person or non-charitable entity other than pursuant to the conduct of the entity's
charitable activities or as payment of reasonable compensation for services rendered or payment representing the fair market value of property
which the entity has purchased; and
• The applicable laws of the entity's country of residence or the entity's formation documents require that, upon the entity's liquidation or
dissolution, all of its assets be distributed to an entity that is a foreign government, an integral part of a foreign government, a controlled entity
of a foreign government, or another organization that is described in this Part XXII or escheats to the government of the entity's country of
residence or any political subdivision thereof.
Line 11
Line 12
Part XXIII
Publicly Traded NFFE or NFFE Affiliate of a Publicly Traded Corporation
C
Check box 37a or 37b, whichever applies.
37a
b
Line 13
Line 11 Tick one box as relevant to the disregarded entity or the branch receiving payments.
I certify that:
• The entity identified in Part I is a foreign corporation that is not a financial institution; and
• The stock of such corporation is regularly traded on one or more established securities markets, including
(name one securities exchange upon which the stock is regularly traded).
I certify that:
• The entity identified in Part I is a foreign corporation that is not a financial institution;
• The entity identified in Part I is a member of the same expanded affiliated group as an entity the stock of which is regularly traded on an
established securities market;
Line 14
D
• The name of the entity, the stock of which is regularly traded on an established securities market, is
• The name of the securities market on which the stock is regularly traded is
Part XXIV
38
Line 15
; and
.
Excepted Territory NFFE
I certify that:
• The entity identified in Part I is an entity that is organized in a possession of the United States;
• The entity identified in Part I:
• Does not accept deposits in the ordinary course of a banking or similar business,
• Does not hold, as a substantial portion of its business, financial assets for the account of others, or
• Is not an insurance company (or the holding company of an insurance company) that issues or is obligated to make payments with respect
to a financial account; and
• All of the owners of the entity identified in Part I are bona fide residents of the possession in which the NFFE is organized or incorporated.
Active NFFE
EXAMPLE
Part XXV
39
I certify that:
• The entity identified in Part I is a foreign entity that is not a financial institution;
HOW• Less
TOthan
COMPLETE
CORRESPONDING
FORM
50% of such entity's
gross income for the preceding calendar
yearSECTIONS
is passive income; and
If you•select
Passive
on Part
youare
areassets
required
to complete
Partfor
XXVI
of the Form
W-8BEN-E.
Less than
50% ofNFFE
the assets
held I,
byLine
such5,
entity
that produce
or are held
the production
of passive
income (calculated as a
weighted average of the percentage of passive assets measured quarterly) (see instructions for the definition of passive income).
Passive NFFE
Line
40a
Part XXVI
Line
40b
& 40c
Check box 40b or 40c, whichever applies.
b
I further certify that the entity identified in Part I has no substantial U.S. owners, or
40a
I certify that the entity identified in Part I is a foreign entity that is not a financial institution (other than an investment entity organized in a
possession of the United States) and is not certifying its status as a publicly traded NFFE (or affiliate), excepted territory NFFE, active
NFFE, direct reporting NFFE, or sponsored direct reporting NFFE.
E
c
41
C. Part II – Disregarded Entity or Branch Receiving Payment to be completed if you are a branch
of a Foreign Financial Institution (FFI) identified on Line 1 that receives payments as an intermediary
and operates in a jurisdiction other than the FFI’s country of tax residence. This also includes a
disregarded entity that is treated as a branch for US federal income tax purposes. If not applicable,
leave this section blank.
I further certify that the entity identified in Part I has provided the name, address, and TIN of each substantial U.S. owner of the NFFE in Part XXX.
Excepted Inter-Affiliate FFI
I certify that the entity identified in Part I:
• Is a member of an expanded affiliated group;
• Does not maintain financial accounts (other than accounts maintained for members of its expanded affiliated group);
• Does not make withholdable payments to any person other than to members of its expanded affiliated group that are not limited FFIs or
limited branches;
• Does not hold an account (other than a depository account in the country in which the entity is operating to pay for expenses) with or receive
payments from any withholding agent other than a member of its expanded affiliated group; and
• Has not agreed to report under §1.1471-4(d)(2)(ii)(C) or otherwise act as an agent for chapter 4 purposes on behalf of any financial institution, including
a member of its expanded affiliated group.
Form
W-8BEN-E
(2-2014)
Line 12 Provide the address of the disregarded entity or the branch receiving payments, noting that it
should not be an ‘in-care-of’ address, P.O. box address or an address used solely for mailing
purposes – unless it is the entity’s registered address (in which case supporting documentation
will be required).
Line 13
Reporting Model 1 FFIs, Reporting Model 2 FFIs, and Participating FFIs must enter the GIIN of
the branch receiving the payment. Disregarded Entities receiving payments also must enter their
GIIN. US Branches should enter a GIIN applicable to any other branch of the FFI (including its
residence country).
D.Part III – Claim of Tax Treaty Benefits to be completed by an entity that is claiming a reduced
rate, or exemption from, withholding under an income tax treaty. You are encouraged to seek
professional advice if you have questions relating to this section. If not applicable, leave this
section blank.
Line 14 This is an optional field that is only to be completed if a tax treaty benefit is being claimed.
Line 15 This is an optional field that is only to be completed if special rates and conditions are applicable.
E. Part IV – XXVI and Part XXX to be completed if you select ‘Passive NFFE’ under Part I on Line 5. Part
XXVI has 3 tick boxes. The first is Line 40a which has to be ticked to certify the entity’s FATCA status.
You must also tick either Line 40b or 40c to certify whether the entity has any US substantial owners
(greater than 10 percent).
If the entity has no substantial US owners, tick Line 40b under Part XXVI. Tick Line 40c on Part XXVI
if the entity has substantial US owners. If the entity does have US substantial owners, you should
complete Part XXX of the form where the name, address and TIN of each of the substantial US owners
are to be listed.
F. Part XXIX – Certification is mandatory and needs to be completed by an individual(s) authorised to
sign on behalf of the entity. A company stamp does not replace the need for a signature; a signature or
multiple signatures are a mandatory requirement in order for the form to be deemed as complete.
1. Signature: Anyone authorised by the entity can sign the form noting that the signatory is certifying
that all details in the form are correct under penalties of perjury.
2. Print Name: The signatory must provide their full name (matching government issued identification).
F
3. Date: The signatory to insert the date the form is signed in US date format (MM-DD-YYYY).
4. Certification: The signatory must tick the box to certify they have the capacity to sign on behalf of the entity.
1
4
Form W-8BEN-E Client Guidance (8-2015)
2
3
Note: The Form W-8BEN-E cannot be signed under a Power Of Attorney (POA) unless the POA document
authorises the agent/individual to represent the entity in making, executing and presenting the tax form. The
POA should be provided along with the Form W-8BEN-E. Form 2848, Power Of Attorney and Declaration of
Representative, may be used for this purpose.
Page 2
Frequently Asked Questions
This FAQs section is here to assist you in better understanding the Foreign Account Tax Compliance Act (FATCA) provisions and to provide you with more clarity when it comes to completing the Forms W-8/W-9.
1. What is FATCA?
FATCA is United States (US) law aimed at preventing tax evasion by US Persons and certain USowned entities. Standard Chartered Bank (SC) is obliged to comply with FATCA and therefore required
to:
• Identify any new clients who are US Persons at onboarding
• Search our records for existing US Person clients
• Monitor existing clients’ US Person status
• Provide the details of our US Persons, recalcitrant account holders or Nonparticipating Foreign
Financial Institutions (NPFFIs) clients to the US Internal Revenue Service (IRS) annually
2. What does SC report to the US IRS?
SC will report the details for the US Person clients based on the information provided, as well as
income, year-end balances, payments (from 2016) and gross proceeds (from 2017). Pooled reporting
on SC’s Recalcitrant and NPFFI account holders will be provided to the IRS; however, the manner and
details reported may be dependent on the local FATCA legislation in your country.
3. Why do I need to complete the Forms W-8/W-9 or (where applicable) a substitute form when I
have no connection to the US?
SC is obliged to comply with FATCA and is committed to fulfil its regulatory requirements. All new
entity clients – and many existing clients – will need to provide a Form W-8 or Form W-9, or a substitute
form (where applicable), as part of FATCA requirements, applicable across all SC locations.
4. Which forms should I submit?
You will need to determine the form that is most appropriate for the entity based on its circumstances.
The general Forms W-8/W-9 descriptions are listed as follows:
• Form W-9 to be completed by entities incorporated, established or formed in the US
• Form W-8BEN-E to be completed by entities incorporated, established or formed outside the US
• Form W-8EXP to be completed by entities that are non-US Persons and exempted from US tax
• Form W-8IMY to be completed by non-US Person intermediaries or flow-through entities
• Form W-8ECI to be completed by organisations that are non-US Person entities with effectively
connected income with the US (generally equates to a requirement to file a tax return in the US)
• Substitute form (where applicable) to be completed by entities incorporated, established or
formed outside the US
5. Are there consequences for SC clients that do not cooperate with FATCA requirements?
Your account becomes reportable if you do not cooperate with the FATCA requirements. Furthermore,
you may be subject to withholding on US-sourced payments depending on local FATCA legislation in
the country or countries in which your account(s) are maintained.
6. Are cross-outs and corrections allowed on the Forms W-8/W-9?
Corrections are acceptable if they are legible with errors crossed-out and countersigned. The use of
correction fluid will not be accepted. Some SC locations may have stricter requirements.
Form W-8BEN-E Client Guidance (8-2015)
7. Can scanned, faxed or photocopied versions of the Forms W-8/W-9 be accepted by SC staff?
Original versions, photocopies, scanned and faxed copies of the Forms W-8/W-9 are acceptable.
Some SC locations may have stricter requirements, which will be advised by local SC staff.
8. Is there any specific requirement regarding the date format on the Forms W-8/W-9?
The date format should be inputted as MM-DD-YYYY. Other date formats are still acceptable.
9. Can I input a US address on the IRS Forms W-8?
A permanent residential address in the US is not allowed on any of the Forms W-8 because an entity
that submits a Form W-8BEN-E, for example, should be a non-US organisation. However, a US
mailing address is acceptable if supporting documents are provided to demonstrate how the entity is
managed outside of the US or created under non-US laws.
10. Can I complete Forms W-8/W-9 in my local language, aside from English?
Local language is only acceptable in the name fields of the English version of the Forms W-8/W-9 if
you do not have an English translation of the entity’s name. The rest of the form must be completed in
English. SC has translated the Forms W-8/W-9 into 12 languages: Arabic, Bahasa Indonesia, Bahasa
Melayu, Bengali, French, Japanese, Nepali, Simplified Chinese, Traditional Chinese, Thai, Urdu,
and Vietnamese. Please approach our staff to request a local language form, noting that translated
versions are used for reference purposes only in some SC locations.
11. Will I need to resubmit either a Form W-8 or Form W-9 to SC in the future?
The Form W-8BEN-E is valid for a period starting on the date the form is signed and ending on the last
day of the third succeeding calendar year. You will be requested to provide a new Form W-8 or Form W-9
if the previously submitted form has expired or is deemed invalid, where there have been changes
in the entity’s circumstances, and potentially in cases where the entity is opening a new account or
requesting a new product.
12. Which Forms W-8/W-9 should I submit if the organisation is a non-US branch, subsidiary or
representative of a US incorporated company?
If your organisation is the branch or representative office that takes on the legal identity of your
parent company that is incorporated in the US, it is likely that your entity would provide a Form W-9.
If your parent entity is either incorporated outside of the US or is a separate legal entity from a parent
company incorporated in the US, it is likely that a Form W-8 would be provided. You will need to decide
which form based on the entity’s circumstances; you are encouraged to refer to the form instructions
and/or seek professional tax advice for more clarification.
13. Are the details relating to the entity’s beneficial owners required for FATCA purposes?
Passive Non-Financial Foreign Entities (Passive NFFEs) with substantial US owners (greater than
10 percent) will be requested to declare their name(s), address(es) and TIN(s) under Part XXX of the
Form W-8BEN-E. Owner-Documented FFIs (ODFFIs) will have to document each owner (if applicable)
by submitting a Form W-8/W-9 for each owner.
14. Where can I find out more information about FATCA?
You can refer to both the SC FATCA website at: https://www.sc.com/en/faqs/fatca.html or the US IRS
website at: http://www.irs.gov/.
Page 3
Glossary
The following is a non-exhaustive list of the more commonly mentioned Foreign Account Tax Compliance Act (FATCA) terms to help provide greater clarity and assist you to complete the Form W-8BEN-E.
 Active Non-Financial Foreign Entity (Active NFFE): Any NFFE where (a) less than 50 percent of
its gross income for the preceding calendar year comprises of passive income AND (b) less than 50
percent of its assets are used for the production of passive income. Note that the term ‘foreign’ refers
to the organisation being a non-United States (US) entity. Active NFFEs are also known as operating
companies.
Active NFFE industry examples (non-exhaustive) are listed as follows:
• Agriculture
• Engineering & Construction
• Food & Beverage
• Manufacturing
• Mining
 Beneficial Owner: Generally, the person/entity that has beneficial ownership of assets or the
beneficial entitlement to income.
 Disregarded Entity: An entity that is separate from its owner for liability purposes, but is the same as
its owner for tax purposes.
 Foreign Account Tax Compliance Act (FATCA): Enacted by the US Congress in March 2010 to
target non-compliance by US taxpayers using foreign accounts. FATCA requires Foreign Financial
Institutions (FFIs) to report to the IRS information about financial accounts held by US taxpayers, or by
foreign entities in which US taxpayers hold a substantial ownership interest.
 Foreign Financial Institution (FFI): Generally, any non-US financial institution that includes but is
not limited to an organisation that:
• Accepts deposits in the ordinary course of a banking or similar business (depository institution)
• Holds, as a substantial portion of its business, financial assets as a custodial institution
• Engages or being engaged primarily in the business of investing, reinvesting, or trading in
securities, partnership interests, commodities, or any interest in such products
• Conducts certain business as an insurance company
Note: FFIs may also refer to certain holding companies and treasury centres in non-IGA jurisdictions
 Non-Financial Foreign Entity (NFFE): Any foreign corporation that is not a financial institution that
includes but is not limited to:
• Listed or privately held operating or trading businesses
• Professional service firms
• Certain entities with a passive trade – i.e. not an operating or trading business
• Charitable organisations
 Nonparticipating Foreign Financial Institution (NPFFI): A FFI that does not comply with FATCA
regulations. This category may also apply to entity clients that do not participate with the FATCA
regulations, including not cooperating with requests for forms.

Passive Income: Sources of income that could include but are not limited to the following:
• Rent
• Any property income
• Dividends
• Royalties
• Interest
 Passive Non-Financial Foreign Entity (Passive NFFE): Generally, any NFFE that is not an Active
NFFE given that (a) 50 percent or more of its gross income for the preceding calendar year comprises
of passive income, AND (b) 50 percent or more of its assets are used for the production of passive
income. Note that a Passive NFFE must certify whether it has any substantial US owners and, where
present, provide their details.
 Recalcitrant Account Holder: An account holder may become recalcitrant if they do not provide the
documentation and/or information as required to confirm their FATCA status.
 Substantial US Owner: Generally, any individual US Person that owns, directly or indirectly more
than 10 percent of the corporation, profits interest or capital interest of the partnership or beneficial
interest of the trust.
 US Tax Identification Number (TIN): A unique identifier that is the Social Security Number (SSN) for
US Person individuals and the Employer Identification Number (EIN) for US Person entities.
 Global Intermediary Identification Number (GIIN): A US Internal Revenue Service (IRS)
issued number for Chapter 4 (FATCA) purposes that is listed in a public IRS database, available at:
http://apps.irs.gov/app/fatcaFfiList/flu.jsf.
 US Person: Refers to both individuals (US residents, citizens and permanent residents) and entities
(typically those incorporated in the US). With respect to entities, a US Person is a corporation, trust, or
estate or partnership that is incorporated, organised, established or formed in the US respectively.
 Intergovernmental Agreement (IGA): A bilateral agreement signed between the US government
and a foreign government regarding the implementation of FATCA. Broadly, these IGAs are
categorised as either Model 1 or Model 2. FFIs in Model 1 jurisdictions are required to report to the
local tax authorities who in turn report to the US IRS whereas FFIs in Model 2 jurisdictions are required
to report directly to the US IRS.
 US Indicia (Entities): Indicators that suggest an organisation could be a US entity are based on
whether it:
• Is incorporated, organised or established in the US
• Maintains a current US permanent address or US mailing address
• Holds a current US telephone number
• Possesses standing instructions for recurring payments to an account maintained in the US
• Retains a current power of attorney or signatory authority to a person with a US address
• Solely indicates a US ‘in-care-of’ or ‘hold mail’ address
 Internal Revenue Service (IRS): A US government agency responsible for tax collection and tax law enforcement.
Form W-8BEN-E Client Guidance (8-2015)
Page 4