Definition:
A withholding foreign partnership (WP) is any foreign partnership that has entered into a WP withholding agreement with the IRS and is acting in that capacity. A WP may act in that capacity only for payments of amounts subject to nonresident alien (NRA) withholding that are distributed to, or included in the distributive share of, its direct partners, beneficiaries, or owners. A WP acting in that capacity must assume NRA withholding responsibility for these amounts. A withholding agent may treat a WP as a payee if it has provided a Form W-8IMY that represents that it is acting as a WP for such amounts. Unlike qualified intermediaries, WPs may not assume primary Form 1099 reporting and backup withholding responsibilities.