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HomeMy WebLinkAboutContract 52330-NC152330-NC1 Memorandum Date: 4/27/2023 To: Assistant City Attorney Return to: Tracy Walter — FMSNendor Management Re: Omega Contracting Inc. to Omega Contracting, LLC - Name Change Request Prior Name: Omega Contracting Inc. New Name: Omega Contracting, LLC CSCO: 52330 Supplier Id: 7000000382 Reason for Name Change: Supplier has changed entity status however is maintaining the same tax id number. Reviewed & Approved by: Andrea Phillip,4142 309:%IM Asst. City Attorney May 4, 2023 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX OMEGA CONTRACTING 2518 Chalk Hill Rd Dallas TX 75212 PH: (214) 972-0612 www.azteca-omega.com April 26, 2023 City of Fort Worth Vendor Management Supplier ID 7000000382 RE: Notice of Entity Change Omega Contracting Inc. changed entity type from Incorporated to Limited Liability Company effective January 1, 2022. Should you have any questions or need anything further, please reach out to me. My contact information is below. Thank you for your help with this. Karen Larson, Risk Manager klarson@azteca-omega.com (214) 418-3806 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Filing#: 126017900 Document#: 1106255110003 Filed On 12/28/2021 received by Upload CERTIVICA,u OF M OMEGA. CONTRACTING, IN('. (, Texas corporahop) INTO (WEGA. (74-.YN3:^RA(Yrryn LUC (i 17exas limited fiabflit�r couipsany) i-lurs"la.rit. to the of Sectiola 1 A 10 1 of fjhe Tlexas 13u,,inest� Orga-riizatioris Code, ONAFGA CEYNTRAC."ISK! INQ a 1-`;�Xas; c'orpor,& ,tion cm- "r-n--tng lj;�Ieby, �adopc.,--; this Cerfifkw�;,� of ConvosIn fbt- the purpose of corwertin.- U-MEGA (,'0N--TRAC7'1NG, INC, firom -,, Texas corporation Am a Texas lAdvad AS& cornpany to bc- ka,,;.owl.- as C)ME(JA C70hQT.-,-F'ACT'KG. ULC. hndWd bakht- Lii--n.ited The AnwaNg Enti-iry cutifi.,-�S a-F, IffiHOWS: 1. The namef Me AnvuHng EMy? is 0-MIEGA C,'ONTRACTING, INC, Z. The Q!�dic-11.,ion of formatio-n of the Clonvating EnSf isthe state of Texas. 1 The dwrte o!" of tht� Colivefting Ei,,.Iity i's February 1111 6, 1993. 4. The Bic mimber issuk to the Converting Endly by Me seaetay? of swe is 126017900. T The Convert-,ng Entity nau.-j�,d 6bov- is convewing toa "Jil-nited i-J-aj-)flity companv, the wne of the C.'�onverted ETmty.it; OMEG.A CONTR,V',`TING, LLC, 6. 11he Anvertod Wity iAiil] be oj.--J7e>--aS, 7. sio Instettachin- g the plan of co-Aworn, the EentftIT cer.---i. fi.es to !:he f6flo"vinwl ogfaS-katel'n;mts A, A ,igneci plan cdff.�o-nversion is, cn file at the principad place of business of le Cirivating EnApy. The addrcs� of -,he PT,-J•1Cip(.0 place ofl-61,1siless, ofme Converting E'nfity W 8 Chalk Road, Daha.,,, 1'exas 75212. B. A - iganed plwn of ;", be -.m file afftor the at the principal place of business of' t1he The address o.F the WRTIMIAME ()F CONVT-.�..RSJOIN, -i- O.NdIEGA C0N-FR-A.C'-r.'R-,,G, 1W, principal place of business of the Converted Entity is 2518 Chalk Bill Toad, Dallas, Texas 752:6 2. C . A copy of the plan of conversion will be furnished on written request without cost by.the Converting Entity before the conversion or by the Converted Entity after the conversion to any owner or mere. ber of the C:onverti Ig Entity or Converted Entity, S. The Converted Entity is a "Texas limited liability company. The certificate of formation of the Converted Entity is attached to this ccrti-ficate of conversion. 9. The plan of conversion has been approved as required by the laves of 'Texas and the governing doc;urnents of the Converted Entity. 1.0. In lieu of providing the tax certificate, the limited liability company as the Converted Entity is liable for the payment of any Franchise taxes. 1 ] . This document becomes effective at a later elate, which is not more than n.inet", (90) clays froin the date of signing, The delayed effective elate is January 1, 2022. The { ndersi.n peel sigixs this c ocurnent su' "ect to the penalties imposed by la\�­, for the submissions of a materially false of fraudulent instTu rent. Dated.- December 28, 2021 ; 6}A OMEGA CONTRACTING, IIC. Luis S. Spinola l e ident CERTIFICATE OF CONI ERSTC)N -2- OMEGA COOT-RACTII1G.11vC. CERTIFICATE OF FORNIATION OF I, the undersigned niiatffdl DCrs0rr., a^.t-hIg as organ zer 0>1"OMEEGA CONT1 ACTINIG, LLCM. limited liability company (the "Com.na riv" a Under the Texas B-asiriess Organizations Code i the Name. The name of the Company is Cal` E fA CCU �I�'�r'�C'�"IA�C3, LLC, 2. Conversion, The entity is bc: irtg forrried pursuant to a pars of corniersion. The converting e,rtit<y`s rrar€iis C�i111 C _ `.. �'u`i'i C'1`fl*'_G, a. r.,€rrali rE formed. ander the laws of the State of Texas on February I6, 1993, rider tile; nurribeb 12601 900. The tnailing and street address of CiN-IEGA, CONTRACTING, TNC. is'218 Chalk: MY: Road, Dallas, Texas 75-21 '. Qura}i.oi . T'he period of dx,, tion of the Corrrpar y xs perpctual unless the Company is earlier ; oijrAd lap in accord arxce with the prov i.siens of its Comp 3..rry a greelnen- t. 4, 'l°eMg::Le., The �3ur� ose or vvl"zS.ci w. Company :?1�lc3"�y4' {g 3.r:ja:37 .i d 1 LZ ^or� us ne�,s. €o rt niote any lawful pumose. and to engage ri. arI , i.awhil act or act`vIli y' Bor wbic:h tita:ited liability companies may be er9anized under. I.: the Texas Limited ability Corrpau f Law (ei-e "".i 1A.X.'JL '). 6. .gwers. The Company ,hall have the powers provided 1'or a limited iiability company Lmder the TxIBOC. 6. Classes es q r � 1S.f.Ct The � orn and shall r 111- aufl.S..to �Y L` i -s,-ue TINTO 'CIM ..>OS i..y_C�.:3:9� .3: .'�vlet'lI ers am ro .i" ~ Y '''` 7.Cea��.. s 1 zt T ti` i MSS OS F` rsl en bra- ship units, t-0 be designated, i"G:ipoct.''.vely, voting 5:iernber _hip kmits and Tion . voting men"bership units. All inembership units ofi tire Co-fripany shall have identical rights and privileges in every respect, except that :he holders of voting ineribership units, shall be entitled to vote u13p�'�:'? all rnatters :9,a� r lifted to a vote of i:ae n;crnbe,rs of flee � ornmaniv. {i+'3;.y\s'yl+�dye�rs ,:�s{3AV(t��i]irs:"(�F�{luny }(g y$u?�.eyr (�i��L�..yrsy�y�i1:�?(��-nits A'ehall-y�n.ot 1be onfitiled.otherwise ^t��4�f�y vote C.�y?�4yi'n �:,�d�.f{;�f(yi r�('sL�.iL �1 )t.l.•�t ifted �Lgl3 a vote of he S_•lF..te L`✓ers o the �Flon-iyfany, oxc+ yept as oiher l�Y'i se pi-o- Y,-. od Ltt the t..orrlpan yr .A.greement or rCi2lui d by l.t` -w . �.3erLillL w; <3Lct 3vr3i t lei at's'�' voting is expressly? deiil{1'. S& >` o l"reerrt. fi}r 1:t,4. Preerr fli'll c rights dk j n:3t exist. 9. Com arry Agreenient, The; initial Corrpay. ; _ greernent veil' be adopted by he ,ne.-n-bers.. The powers to alter, .xrrlend, or repeal the; Corripa.rrt Ag eemerit or adept a new CCerr parry Ag-reement is "vested in the ineinbers, except as etherwlw pro%sided in the Company Agreement, C.:�iR 'l'r'1.('1' iTE OF2�1�i�t.s��e N. 1t-.i.' "i- 5..i:�b�l El.7.A �,�?:.'V�V.f`�.'1��21�A `i.�i', 11�� �-, 10. Indemnification. The Company shall have the power and authority to indemnify any person, including members and managers, to the fullest extent permitted by law. 11. Release of Liability. To the full extent permitted by Texas law, no manager of the Company shall be liable to the Company or its members for monetary damages for an act or omission in such manager's capacity as a manager of the Company, except that this Article does not eliminate or limit the liability of a manager to the extent the manager is found liable for (i) a breach of the manager's duty of loyalty to the Company or its members; (ii) an act or omission not in good faith that constitutes a breach of duty of the manager to the Company or an act or omission that involves intentional misconduct or a knowing violation of the law; (iii) a transaction from which the manager received an improper benefit whether or not the benefit resulted from an action taken within the scope of the manager's office; or (iv) an act or omission for which the liability of a manager is expressly provided by an applicable statute. Any repeal or amendment of this Article by the managers or members of the Company shall be prospective only and shall not adversely affect any limitation on the liability of a manager of the Company existing at the time of such repeal or amendment. In addition to the circumstances in which the manager of the Company is not liable as set forth in the preceding sentences, the manager shall not be liable to the fullest extent permitted by any provision of the statutes of Texas hereafter enacted that further limits the liability of a manager or of a director of a corporation. The foregoing elimination of the liability to the Company or its members for monetary damages shall not be deemed exclusive of any other rights or limitations of liability or indemnity to which a manager may be entitled under any other provision of the Certificate of Formation or the Company Agreement of the Company, contract or agreement, vote of members of the Company, or otherwise. 12. Transferability Restrictions. The membership units of the Company will be subject to restrictions on transferability as set out in the Company Agreement of the Company, or in separate agreements (one or more) among the members, all of which will be kept with the records of the Company. The Company will provide a copy of the Company Agreement and any separate agreement(s) among the members without charge to any record holder of a membership unit upon written request addressed to the Company at its principal office or its registered agent's address. 13. Registered Agent and Mailimz Address. The street address of the initial registered office of the Company and its principal office is 2518 Chalk Hill Road, Dallas, Texas 75212 and the name of its initial registered agent at such address is Luis S. Spinola. The initial mailing address of the Company is 2518 Chalk Hill Road, Dallas, Texas 75212. CERTIFICATE OF FORMATION -2- OMEGA CONTRACTING, LLC 1.4, Ini.tial Manager. The Company ;,viil be managed by managers. The name and address of the initial manager is as follows: L IS S. SPIItiOLA 25.18 ClIalk Hill Road Dallas, Texas 75212 15. Organizer. The organizer is age 18 years or snore, and the name and address of the organizer is: LUIS S. SP NO � k 2518 Chalk Hill Road Dallas, Texas 752-12 16. Electiveness ofFilin .. This document becomes effective at a later date., which is not more than ninety (90) days from the date of signing. The delayed effective date is JanuM 1.. .022. It undersigned affirms that tho person designated as registered agent: has consented to the appointment. The undersigned signs this document subject -to the penalties imposed by law for the submission of materially false or fraudulent instrument and certifies under penalty of periary that the undersigned is authorized to execute the film instrument. T WITNESS WHEREOF, I have hereuEato set my hand on December -?8, 202I 366699_ TIZACf1NU, CERTI-1.1C TEOFFOR FORMATION -�- OMEGA CON WM9 Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1► Go to www,7rs,gov/FormW9 for instructions and the latest information. 1 Name (as shown on your Income tax return). Name Is required on this line; do not leave this line blank. Omega Contracting LLC 2 Business name/disregarded entity name, If different from above Omega Contracting Inc. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check onty one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not Individuals; see Q. o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate Instructions on page 3): single member LLC Exempt payee code (if any) [✓ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► S o Note: Check the appropriate box In the Iine above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC If the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code if an ( y) a o another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. y ❑ Other (see instructions) )• fM^�' foP�+accounts mainfafned ouistda the U.S.) 0) 5 Address (number, street, and apt. or suite no.) See Instructions. Requester's name and address (optional) m 2518 Chalk Hill Rd 6 City, state, and ZIP code Dallas, TX, 75212 7 List account number(s) here (optional) 111111MM Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup wlien, sole For individuals, this Is generally your social security number (Sate). However, for a - m - resident alien, sole proprietor, or disregarded entity, see the Instructions for Part 1, later. For other entitles, it Is your employer identification number (EIN). If you do not have a number, see Now to get a TIN, later, or Note: If the account Is In more than one name, see the instructions for line 1. Also see What Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter. 7 5 W 2 4 6 �714 M47 FMII Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U,S, citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting Is correct. Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest pald, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Here U.S. person 11o, General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www.lrs.gov/FormIN9. Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number ISSN), Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Form W-9 (Rev. 10-2018) Page 2 By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What Is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who Is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or + A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax, Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status 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 are a 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 appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Forelgn Entities). 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 claim 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. Generally, this 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 number (or 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 temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 6 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 described 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. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% 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 network transactions, and certain 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 cortiflcaVons, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells 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. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more Information. Also see Special rules for partnerships, earlier. 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. See Exemption from FATCA reporting code, later, 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 If you are no longer an exempt payee and anticipate receiving 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 if you no longer are tax exempt. In addition, you must furnish anew Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnfsh TIN. If you fail to furnish your correct TIN to a requester, 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. 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 $500 penalty. Form W-9 (Rev. 10-201B) Page 3 Criminal penalty for falsifying Information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. 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. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9, If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your Individual name as it was entered on your form W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b, Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2, c. Partnership, LLC that is not a single -member LLC, C corporation, or 5 corporation, Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner Is treated as a "disregarded entity." See Regulations section 301.77011-2(c)(2)(14). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should 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 line 1. 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 line 2, "Business name/disregarded entity name." 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 oven if the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3. IF the entity/person on line 1 Is THEN check the box for . , . a(n) ... • Corporation Corporation • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an Individual and disregarded for U.S. federal tax purposes. • LLC treated as a partnership for Limited liability company and enter U.S, federal tax purposes, the appropriate tax classification, • LLC that has filed Form 8832 or. (P= Partnership; C= C corporation; 2553 to be taxed as a corporation, or S= S corporation) or • LLC that is disregarded as an entity separate from Its owner but the owner is another LLC that Is not disregarded for U.S. federal tax purposes. • Partnership Partnership • Trust/estate Trust/estate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, Individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, Including Interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds pal to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form i099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of Its agencies or Instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities S--A corporation 6—A dealer in securities or commoditles required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described In section 4947 Form W-9 {Rev. fo-2018) Page 4 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, i through 13. 1F the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 1 i and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 52 $5,000, Payments made In settlement of Exempt payees 1 through 4 payment card or third party network transactions 1 See Form 1099-MISC, Miscellaneous Income, and Its Instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes Identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain If the financial institut€on is subject to these requirements. A requester may Indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described In Regulations section 1.1472-1(c)(1)(i) F--A dealer In securities, commodities, or derivative financial Instruments (Including notional principal contracts, futures, forwards, and options) that Is registered as such under the laws of the United States or any state G—A real estate investment trust H--A regulated Investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from lax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number), This is where the requester of this Form W-9 will mall your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS Individual taxpayer Identification number (ITIN). Enter It in the social security number box. If you do not have an ITIN, see Novo to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single -member LLC that Is disregarded as an entity separate from Its owner, enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, got Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.govlBusinesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.frs.gov1OrdorForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments, You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part II, Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below Indicates otherwise. For a joint account, only the person whose TIN Is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated In Items 1 through 5 below. Form W-9 (Rev. 10-2018) 1. Interest, dividend, and barter exchange accounts opened before 1084 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out Item 2 of the certification. 4. Other payments. You must glvo your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployce for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Goverdoll ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: I Give name and SSN of: 1. Individual 2. Two or more individuats (joint account) other than an account maintained by an FFI 3. Two or more U.S. persons golnt account maintained by an FFI) 4. Custodial account of a minor (Uniform Gift to Minors Act) 5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that Is not a legal or valid trust under state law 6. Sole proprietorship or disregarded entity owned by an individuai 7. Grantor trust filing under Optional Form 1099 Filing Method 1 (sea Regulations section 1.671-4(h)(2)@ (A)) The individual The actual owner of the account or, if combined funds, the first Individual on the account' Each holder of the account The minar2 Page rJ For this type of account: Give name and EIN of: 14, Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 15. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)0(13)) 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your Individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or BIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Speclai rules for partnerships, earlier. *Note: The grantor also must provide a Form W-9 to trustee of 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. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to got a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. The grantor -trustee' If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number The actual owner printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you The owner3 think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline The grantor* at 1-800-908-4490 or submit Form 14039. For this type of account: I Give name and EIN of: B. Disregarded entity not owned by an Individual 9. A valid trust, estate, or pension trust 10. Corporation or LLC electing corporate status on Form 8832 or Form 2553 11. Association, club, religious, charitable, educational, or other tax- exempt organt7aticn 12. Partnership or multi -member LLC 13. A broker or registered nominee The owner Legal enttty4 The corporation The organization The partnership The broker or nominee For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Victims of Identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems chat have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emalls or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user Into surrendering private Information that will be used for identity theft. Form W-9 (Rev. 10-2018) Page 6 The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/complaint, You can contact the FTC at www.ftc.gov/ldtheft or 877-IDTHEFT (877-438-4338). If you have been the victfm of identity theft, see www.lder)tityTheff.gov and Pub. b027. Visit wwwJrs.govlldeWhyTheft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file Information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The Information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. r U c6 O E 7 Q