EFTA Document EFTA01451491

Form W-9 (Rev. 8-2013) Page 2 In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. Pao and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity. • In the case of a grantor trust with a U.S. grantor or other U.S. owner. generally. the U.S. grantor or other U.S. owner of the grantor trust and not the trust. and • In the case of a U.S. trust (other than a grantor trust) the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you area foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead. use the appropnate Form W-8 or Form 8233 (see Publication 515. Withholding of Tax on Nonresident Miens and Foreign Entitles), Nonresident alien who becomes a resident alien. Generally. only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However. most tax treaties contain a provision known as a "saving clause? Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to cairn an exemption from U.S. tax on certain types of income. you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generalty. Sys must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article lumber (ce location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporanly present n the United States. Under U.S. law, this student will become a resident alien for tax purposes it his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30. 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information descnbed above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. What s backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called 'backup withholding." Payments that may be subject to backup withholding include interest. tax-exempt interest, dividends. broker and barter exchange transactions. rents. royalties, nonemployee pay. payments made in settlement of payment card and third party nehvork transactions. andcortem payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications. and report all your taxable interest and dividends On your tax return. Payments you receive will be subject to backup withholding it: 1. You do not furnish your TIN to the requester. 2. You do not certify your TIN when required (see the Part 11 instructions on page 3 for details). 3. The IRS teas the requester that you furnished an incorrect TIN, 4. The IRS leas you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only). or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. SeeExemPl payee code on page 3 and the separate Instructions for the Requester of Form W-9 fa more information. Also see Special rules for partnerships on page I. What Is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. Soo Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee it you are no longer an exempt payee and anticipate recervug reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or it you no longer are tax exempt. In addition. you must furnish a new Form W-9li the name or T1N changes for the account, for example, it the grantor of a grantor trust des. Penalties Failure to furnish TIN. If you fail to furnish your comet TIN to a requester, you are subject to a penalty of S50 for each such failure unless your failure is duo to reasonable cause and not to wilful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a 5500 penalty. Criminal penalty for falsifying Information. Willfully falsifying certifications or affirmations may subject you to cnminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law. the recrues,or may he cubical to CIVII and cnmnal penalties. Specific Instructions Name you are an individual, you must generally enter the name shown on your income tax return. However. if you have changed your last name. for instance. due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. li the account is in joint names, list first, and then circle the name of the person or entity whose number you entered in Pad I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the 'Name' line. You may enter your business, trade, or 'doing business as MA' name on the 'Business name/disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the "Name' fine and any business, trade, or "doing business as (DOA) name" on the "Business narne/doregarded entity name" line. Disregarded entity. For U.S. federal tax purposes. an entity that s disregarded as an entity separate from its owner is treated as a 'disregarded entity." See Regulation section 301.7701 -2(oX2)Iiii). Enter the owner's name on the 'Name" line. The name of the entity entered on the 'Name" line should never be a disregarded entity. The name on the 'Name' line must be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be Provided on the "Name" line. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the 'Business name/disregarded entity name' line. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Note. Check the appropnate box fa the V.S. federal tax classification of the person whose name is entered on the 'Name" line (Individual/sole proprietor. Partnership, C Corporation, S Corporation. Trust/estate). Limited Liability Company (LLC). If the person identified on the "Name" line is an LLC, check the 'Limited liability company' box only and enter the appropriate code for the U.S. federal tax classification in the space provided. If you we an LLC that 13 treated as a partnership for U.S. federal tax purposes, enter "P" for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter "C' for C corporation or 'V' for S corporation, as appropriate. If you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701.3 (except for employment and excise tax). do not check the LLC box unless the owner of the LLC (required to be identified on the 'Name" Ina) is another LLC that is not disregarded for U.S. federal tax purposes. If the LLC is disregarded as an entity separate from as owner, enter the appropriate tax classification of the owner identified on the 'Name' line. Other entities. Enter your business name as shown on required U.S. federal tax documents on the "Name" line. This name should match the name shown on the Charter a other legal document creating the entity. You may enter any business, trade. or DBA name on the 'Business namerdisregarded entity name" line. Exemptions If you are exempt from backup withholding and/or FATCA regOrling, enter in the Exemptions box. any °odds) that may apply to you. See Exempt payee code and Exemption from FATCA reporting code on page 3. CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) CONFIDENTIAL SONY GM_00254289 DB-SDNY-0108115 EFTA01451491