EX-99.5 12 dex995.htm GUIDELINES FOR CERTIFICATION OF TAXPAYER IDENTIFICATION NUMBER Guidelines for Certification of Taxpayer Identification Number

EXHIBIT 99.5

GUIDELINES FOR CERTIFICATION OF TAXPAYER IDENTIFICATION

NUMBER ON SUBSTITUTE FORM W-9

 

Guidelines for Determining the Proper Identification Number to Give the Payer—Social Security numbers have nine digits separated by two hyphens: i.e., 000-00-0000. Employer identification numbers have nine digits separated by only one hyphen: i.e., 00-00000000. The table below will help determine the proper identification number to give:

 

For this type of account:


  

Give the name and
SOCIAL SECURITY
number of—


       

For this type of account:


  

Give the name and
EMPLOYER
IDENTIFICATION
number of—


1.

   Individual account    The individual         6.    A valid trust, estate, or pension trust    Legal entity (do not furnish the identification number of the personal representative or trustee unless the legal entity itself is not designated in the account title) (4)

2.

   Two or more individuals (joint account)    The actual owner of the account or, if combined funds, the first individual on the account (1)         7.    Corporate account or LLC electing corporate status on Form 8832    The corporation

3.

   Custodian account of a minor (Uniform Gift to Minors Act)    The minor (2)         8.    Association, club, religious, charitable, educational, or other tax-exempt organization    The organization

4.

  

a. The usual revocable savings trust account (grantor is also trustee)

   The grantor-trustee (1)         9.    Partnership account or multi-member LLC    The partnership
    

b. The so-called trust account that is not a legal or valid trust under state law

   The actual owner (1)         10.    A broker or registered nominee    The broker or nominee

5.

   Sole proprietorship account or single-owner LLC    The owner (3)         11.   

Account with the Department of Agriculture in the name of a public entity (such as a State or local government, school district, or prison) that receives agricultural program payments

 

   The public entity
(1) List first and circle the name of the person whose number you furnish. If only one person on a joint account has a Social Security Number, that person’s number must be furnished.
(2) Circle the minor’s name and furnish the minor’s social security number.
(3) You must show your individual name, but you may also enter your business or “doing business as” name. You may use either your social security number or employment identification number (if you have one). Do not furnish the taxpayer identification number of the personal representative or trustee unless the legal entity itself is not designated in the account title.
(4) List first and circle the name of the legal trust, estate or pension trust.

 

NOTE: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.


Obtaining a Number

 

If you do not have a taxpayer identification number or you do not know your number, obtain Form SS-5, Application for a Social Security Number Card (for individuals), Form SS-4, Application for Employer Identification Number, at the local office of the Social Security Administration or the Internal Revenue Service (the “IRS”) and apply for a number. U.S. resident aliens who cannot obtain a Social Security number must apply for an ITIN (Individual Taxpayer Identification Number) on Form W-7.

 

Payees Exempt from Backup Withholding

 

Payees specifically exempted from backup withholding on ALL payments include the following:

 

    An organization exempt from tax under Section 501(a) of the Internal Revenue Code of 1986, as amended (the “Code”), or an individual retirement plan or a custodial account under Section 403(b)(7) of the Code, if the account satisfies the requirements of Section 401(f)(2) of the Code.

 

    The United States or any agency or instrumentality thereof.

 

    A State, the District of Columbia, a possession of the United States, or any subdivision or instrumentality thereof.

 

    A foreign government, a political subdivision of a foreign government, or any agency or instrumentality thereof.

 

    An international organization or any agency or instrumentality thereof.

 

Other payees that MAY BE EXEMPT from backup withholding include the following:

 

    A corporation.

 

    A financial institution.

 

    A dealer in securities or commodities required to register in the United States, the District of Columbia or a possession of the United States.

 

    A real estate investment trust.

 

    A common trust fund operated by a bank under Section 584(a) of the Code.

 

    A trust exempt from tax under Section 664 of the Code or a trust described in Section 4947 of the Code.

 

    An entity registered at all times during the tax year under the Investment Company Act of 1940.

 

    A foreign central bank of issue.

 

    A futures commission merchant registered with the Commodity Futures Trading Commission.

 

    A middleman known in the investment community as a nominee or custodian.

 

Payments Exempt from Backup Withholding

 

Payment of dividends and patronage dividends not generally subject to backup withholding include the following:

 

    Payments to nonresident aliens subject to withholding under Section 1441 of the Code.

 

    Payments to partnerships not engaged in a trade or business in the U.S. and which have at least one nonresident alien partner.

 

    Payments of patronage dividends where the amount received is not paid in money.

 

    Payments made by certain foreign organizations.

 

    Section 404(k) payments made by an ESOP.

Payments of interest not generally subject to backup withholding include the following:

 

    Payments of interest on obligations issued by individuals. Note: You may be subject to backup withholding if this interest is $600 or more and is paid in the course of the payer’s trade or business and you have not provided your correct taxpayer identification number to the payer.

 

    Payments of tax-exempt interest (including exempt interest dividends under Section 852 of the Code).

 

    Payments described in Section 6049(b)(5) to nonresident aliens.

 

    Payments on tax-free covenant bonds under Section 1451 of the Code.

 

    Payments made by certain foreign organizations.

 

    Mortgage or student loan interest paid to you.

 

Certain payments other than interest, dividends, and patronage dividends that are not subject to information reporting are also not subject to backup withholding. For details, see Sections 6041, 6041A, 6042, 6044, 6045, 6049, 6050A and 6050N of the Code and the regulations promulgated thereunder.

 

Exempt payees described above that are U.S. persons (including a U.S. resident alien individual) should file Form W-9 to avoid possible erroneous backup withholding. ENTER YOUR NAME, ADDRESS, STATUS AND TAXPAYER IDENTIFICATION NUMBER, WRITE “EXEMPT” ON THE FACE OF PART II OF THE FORM, SIGN AND DATE THE FORM AND RETURN IT TO THE PAYER. IF YOU ARE A NONRESIDENT ALIEN OR A FOREIGN ENTITY NOT SUBJECT TO BACKUP WITHHOLDING, FILE WITH THE PAYER A COMPLETED INTERNAL REVENUE FORM W-8BEN, W-8ECI, W-8IMY or W-8EXP, AS APPLICABLE.

 

Privacy Act Notice. Section 6109 requires most recipients of dividends, interest, or other payments to give taxpayer identification numbers to payers who must report the payments to the IRS. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. Payers must be given the numbers whether or not recipients are required to file tax returns. Payers must generally withhold 28% of taxable interest, dividends, and certain other payments to a payee who does not furnish a taxpayer identification number to a payer. Certain penalties may also apply.

 

Penalties

 

(1) Penalty for Failure to Furnish Taxpayer Identification Number. If you fail to furnish your taxpayer identification number to a payer, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

 

(2) Civil Penalty for False Information With Respect to Withholding. If you make a false statement with no reasonable basis which results in no imposition of backup withholding, you are subject to a penalty of $500.

 

(3) Criminal Penalty for Falsifying Information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

 

(4) Misuse of TINs. If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties.

 

FOR ADDITIONAL INFORMATION CONTACT YOUR TAX CONSULTANT OR THE INTERNAL REVENUE SERVICE.

 

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