LOB code finder

Australia

Article 16 (Limitation on Benefits). Protocol signed September 27, 2001 (replaced Article 16 of 1982 Convention).

Para 4 denies benefits to disproportionate part of income from tracking-type share classes. Para 7 preserves domestic anti-avoidance rules. Listed unit trust test has no matching 1042-S code; use 11.

Treaty text · Australia treaty rates

Austria

Article 16 (Limitation on Benefits). Original Convention signed May 31, 1996.

Para 4 triangular rule: Austrian enterprise's U.S. interest/royalties via third-jurisdiction PE taxed less than 60% of Austrian rate lose Art 11(1)/12 benefits, with exceptions. HQ company defined in Protocol (not reviewed).

Treaty text · Austria treaty rates

Bangladesh

Article 17 (Limitation on Benefits). Original Convention signed September 26, 2004.

No separate pension test in the LOB text; not-for-profit organizations under Art 4(1)(c) are covered by 1(f). Treaty PDF filename dated 1-27-2004.

Treaty text · Bangladesh treaty rates

Barbados

Article 22 (Limitation on Benefits). Second Protocol signed July 14, 2004 (replaced Article 22 of 1984 Convention).

Para 6: persons entitled to a special tax regime get no Art 10, 11 or 12 benefits even if they meet an LOB test. Para 2(d) adds detailed bank, insurance company and active business definitions.

Treaty text · Barbados treaty rates

Belgium

Article 21 (Limitation on Benefits). Original Convention signed November 27, 2006.

Para 6 triangular rule for Belgian enterprise's U.S. interest/royalties exempt in Belgium via third-state PE taxed less than 60%; 15% cap. Equivalent beneficiary limited to EU/EEA/NAFTA residents.

Treaty text · Belgium treaty rates

Bulgaria

Article 21 (Limitation on Benefits). Original Convention signed February 23, 2007, as amended by 2008 Protocol (posted text leaves signing day blank; Treasury file dated February 26, 2008).

2008 Protocol added new para 5: triangular rule for Bulgarian enterprise's U.S. interest/royalties exempt via third-state PE taxed less than 60%; 15% cap. CA paragraph renumbered from 5 to 6.

Treaty text Also · Bulgaria treaty rates

Canada

Article XXIX A (Limitation on Benefits). Fifth Protocol signed September 21, 2007 (replaced Article XXIX A first added by 1995 Protocol).

Derivative test in para 4 is not limited to EU/EEA/NAFTA; it covers residents of any country with a comprehensive U.S. treaty. Para 7 preserves general anti-abuse denial. Debt substitute and disproportionate share rules.

Treaty text · Canada treaty rates

Chile

Article 24 (Limitation on Benefits). Original Convention signed February 4, 2010.

No derivative benefits test. Para 5 triangular rule: income via third-jurisdiction PE taxed less than 60% of residence tax loses benefits; dividends, interest, royalties capped at 15%. HQ test is a qualified-person category.

Treaty text · Chile treaty rates

China

Protocol paragraph 7 (treaty shopping), as interpreted by Protocol of May 10, 1986 paragraphs 1 to 4; no article titled Limitation on Benefits. Protocol signed April 30, 1984 and Protocol signed May 10, 1986.

Judgment call: treaty has no article named LOB, but 1984 Protocol para 7 and the 1986 interpretive Protocol impose LOB-type tests. Competent authorities must consult before denial; no discretionary grant provision. Treasury TE calls para 7 treaty shopping protection.

Judgment call. The China treaty has no article titled Limitation on Benefits; its LOB-type tests sit in paragraph 7 of the 1984 Protocol. The codes above map those tests. If you read the treaty as having no LOB article, code 12 would apply instead.

Treaty text Also · China treaty rates

Commonwealth of Independent States (1973 U.S.S.R. treaty)

No limitation-on-benefits article. Convention signed June 20, 1973.

No LOB article and no LOB-type provision found in the treaty text. IRS pages for each of the nine countries link the same ussr.pdf.

This treaty has no limitation-on-benefits article. An entity claiming its benefits checks “No LOB article in treaty” on line 14b, and you enter code 12 in box 13n.

Treaty text · Commonwealth of Independent States treaty rates

Cyprus

Article 26 (Limitation on Benefits). Original Convention signed March 19, 1984.

No government, pension, active business or competent authority grant test. Para 2 relief applies 'if it is determined' (determiner not stated). Para 3 denies benefits to trustee income from benefit-seeking schemes.

Treaty text · Cyprus treaty rates

Czech Republic

Article 17 (Limitation on Benefits). Original Convention signed September 16, 1993.

Older-style LOB; active business test is a qualified-person category without a substantiality requirement.

Treaty text · Czech Republic treaty rates

Denmark

Article 22 (Limitation of Benefits). Protocol signed May 2, 2006 (replaced Article 22 of 1999 Convention).

Special rules for Danish taxable nonstock corporations. Para 6 triangular rule for Danish enterprise's U.S. interest/royalties exempt via third-state PE taxed less than 60%; 15% cap.

Treaty text · Denmark treaty rates

Egypt

No limitation-on-benefits article. Convention signed August 24, 1980.

Code 11 or 12? IRS Table 4 lists Article 24 (Investment or Holding Companies) as the Egypt treaty’s limitation provision. That article denies some benefits to low-taxed companies owned 25% or more by non-residents, but it has none of the qualifying tests an LOB article has. The IRS has not said which box 13n code fits. One reading is 12, because there is no limitation-on-benefits article as the W-8BEN-E uses the term; the other is 11 (Other), because the IRS table treats the article as the limitation. Pick one, record why, and use it consistently.

Treaty text · Egypt treaty rates

Estonia

Article 22 (Limitation on Benefits). Original Convention signed January 15, 1998.

Uses 'qualified resident' framework. Substantiality safe harbor: 7.5% asset, gross income and payroll ratios with 10% average.

Treaty text · Estonia treaty rates

Finland

Article 16 (Limitation on Benefits). Protocol signed May 31, 2006 (replaced Article 16 of 1989 Convention).

Para 5 triangular rule for Finnish enterprise's U.S. interest/royalties via third-state PE. Pension fund defined in 7(j); statutory body in 7(i).

Treaty text Also · Finland treaty rates

France

Article 30 (Limitation on Benefits of the Convention). Protocol signed January 13, 2009 (replaced Article 30 of 1994 Convention).

Special qualified-person test for French investment entities (e.g., collective investment vehicles) in 2(f). Para 5 triangular rule for income via third-jurisdiction PE taxed less than 60%.

Treaty text Also · France treaty rates

Germany

Article 28 (Limitation on Benefits). Protocol signed June 1, 2006 (replaced Article 28 of 1989 Convention).

Para 6: German Investmentvermoegen qualifies only if at least 90% owned by qualified German residents or equivalent beneficiaries. Para 5 triangular rule for income via third-jurisdiction PE.

Treaty text Also · Germany treaty rates

Greece

No limitation-on-benefits article. Convention signed February 20, 1950; Protocol signed April 20, 1953.

No LOB article or LOB-type provision found in the treaty text.

This treaty has no limitation-on-benefits article. An entity claiming its benefits checks “No LOB article in treaty” on line 14b, and you enter code 12 in box 13n.

Treaty text · Greece treaty rates

Hungary

No limitation-on-benefits article. Convention signed February 12, 1979 (terminated).

No treaty benefits. The U.S.-Hungary treaty was terminated; it stopped applying to taxes withheld at source on January 1, 2024. Withhold at statutory rates; no LOB code applies.

Treaty text Also · Hungary treaty rates

Iceland

Article 21 (Limitation on Benefits). Original Convention signed October 23, 2007.

Derivative test extends to EFTA residents. Para 5 triangular rule; para 6 disproportionate share class rule.

Treaty text · Iceland treaty rates

India

Article 24 (Limitation on Benefits). Original Convention signed September 12, 1989.

Older-style LOB applying to persons other than individuals. No separate government, pension, exempt organization or subsidiary test in the article.

Treaty text · India treaty rates

Indonesia

Article 28 (General Rules of Taxation), paragraphs 6 to 8; no article titled Limitation on Benefits. Original Convention signed July 11, 1988.

LOB-type rules sit inside Article 28. No competent authority discretionary relief and no active business test stated. General effective date January 1, 1990 per IRS text header.

Judgment call. The Indonesia treaty has no article titled Limitation on Benefits; its LOB-type tests sit in Article 28 (General Rules of Taxation). The codes above map those tests. If you read the treaty as having no LOB article, code 12 would apply instead.

Treaty text · Indonesia treaty rates

Ireland

Article 23 (Limitation on Benefits). Original Convention signed July 28, 1997.

Para 7 triangular rule for Irish enterprise's U.S. income via third-state PE taxed less than 50%; 15% cap. Art 4(1)(c) covers pension trusts and charitable or exempt organizations. 1999 amending convention reviewed, no LOB change.

Treaty text Also · Ireland treaty rates

Israel

Article 25 (Limitation on Benefits). Second Protocol signed January 26, 1993 (Article XII replaced Article 25 Investment or Holding Companies).

Ownership test framed negatively (benefits denied if 50% or more owned by non-resident non-citizens). Para 2 denies benefits on disproportionate share classes. Para 5 cross-reference to 2(d) appears to mean 3(d).

Treaty text · Israel treaty rates

Italy

Protocol Article 2 (limitation on benefits). Protocol signed August 25, 1999 with Convention of same date.

LOB is in the Protocol, not the Convention body. IRS page also links the superseded 1984 treaty (italy.pdf).

Treaty text · Italy treaty rates

Jamaica

Article 17 (Limitations on Benefits). Protocol signed July 17, 1981 (Article III replaced Article 17 Investment or Holding Companies).

Para 2 relief applies 'if it is determined' (determiner not stated); no competent authority grant. 3(b) resembles derivative benefits but is framed as a principal purpose safe harbor.

Treaty text · Jamaica treaty rates

Japan

Article 22. Original Convention signed November 6, 2003.

No derivative benefits or headquarters test in Art 22. Para 3 sets timing rules for withholding at source. 2013 Protocol reviewed; no change to Art 22 found. Art 4(1)(c) covers religious, charitable, educational and similar organizations.

Treaty text Also · Japan treaty rates

Kazakhstan

Article 21 (Limitation on Benefits). Original Convention signed October 24, 1993.

No government test in the article. Listed company test requires trading in the residence State.

Treaty text · Kazakhstan treaty rates

Latvia

Article 23 (Limitation on Benefits). Original Convention signed January 15, 1998.

Same structure as Estonia and Lithuania. Art 4(3)(b) covers exempt religious/charitable bodies and exempt pension plans.

Treaty text · Latvia treaty rates

Lithuania

Article 23 (Limitation of Benefits). Original Convention signed January 15, 1998.

Same structure as Estonia and Latvia; recognized exchange includes National Stock Exchange of Lithuania. Art 4(3)(b) covers exempt religious/charitable bodies and exempt pension plans.

Treaty text · Lithuania treaty rates

Luxembourg

Article 24 (Limitation on Benefits). Original Convention signed April 3, 1996 (TE of 2009 Protocol contains no reference to Art 24).

Para 5 triangular rule (less than 50% combined tax via third-jurisdiction PE; 15% cap). Para 6 disproportionate share rule. Closely-held companies cannot rely on Luxembourg or NASDAQ listing. IRS page links only the 1962 treaty.

Treaty text Also · Luxembourg treaty rates

Malta

Article 22 (Limitation on Benefits). Original Convention signed August 8, 2008.

Stricter thresholds (75%, 25%); publicly traded and ATB tests also require base erosion. Para 5 triangular rule; para 7 remittance-basis rule limits relief to amounts taxed.

Treaty text · Malta treaty rates

Mexico

Article 17 (Limitation on Benefits). Original Convention signed September 18, 1992 (2002 Protocol did not amend Art 17).

1(g) is a NAFTA-based derivative-type test limited to dividends, interest, branch tax and royalties. Protocol para 15 defines exchanges and Mexican trade or business.

Treaty text Also · Mexico treaty rates

Morocco

No limitation-on-benefits article. Convention signed August 1, 1977.

Code 11 or 12? IRS Table 4 lists Article 24 (Investment or Holding Companies) as the Morocco treaty’s limitation provision. That article denies some benefits to low-taxed companies owned 25% or more by non-residents, but it has none of the qualifying tests an LOB article has. The IRS has not said which box 13n code fits. One reading is 12, because there is no limitation-on-benefits article as the W-8BEN-E uses the term; the other is 11 (Other), because the IRS table treats the article as the limitation. Pick one, record why, and use it consistently.

Treaty text · Morocco treaty rates

Netherlands

Article 26 (Limitation on Benefits). Protocol signed March 8, 2004 (replaced Article 26 of 1992 Convention).

W-8BEN-E instructions use 'Headquarters test, Article 26(5)' as the example Other entry. Listed test has substantial presence condition; primary economic zone includes EU/EEA.

Treaty text · Netherlands treaty rates

New Zealand

Article 16 (Limitation on Benefits). Protocol signed December 1, 2008 (replaced Article 16 of 1982 Convention).

No derivative or headquarters test. Para 5 triangular rule for income via third-jurisdiction PE.

Treaty text Also · New Zealand treaty rates

Norway

No limitation-on-benefits article. Convention signed December 3, 1971; Protocol 1980.

Code 11 or 12? IRS Table 4 lists Article 20 (Investment or Holding Companies) as the Norway treaty’s limitation provision. That article denies some benefits to low-taxed companies owned 25% or more by non-residents, but it has none of the qualifying tests an LOB article has. The IRS has not said which box 13n code fits. One reading is 12, because there is no limitation-on-benefits article as the W-8BEN-E uses the term; the other is 11 (Other), because the IRS table treats the article as the limitation. Pick one, record why, and use it consistently.

Treaty text Also · Norway treaty rates

Pakistan

No limitation-on-benefits article. Convention signed July 1, 1957.

No LOB article. Article XVII (Limitations on Effect of Treaty) is a nondiscrimination rule, not an LOB.

This treaty has no limitation-on-benefits article. An entity claiming its benefits checks “No LOB article in treaty” on line 14b, and you enter code 12 in box 13n.

Treaty text · Pakistan treaty rates

Philippines

No limitation-on-benefits article. Convention signed October 1, 1976.

No LOB article or LOB-type provision found in the treaty text.

This treaty has no limitation-on-benefits article. An entity claiming its benefits checks “No LOB article in treaty” on line 14b, and you enter code 12 in box 13n.

Treaty text · Philippines treaty rates

Poland

No limitation-on-benefits article. Convention signed October 8, 1974.

No LOB article or LOB-type provision found in the 1974 treaty text.

This treaty has no limitation-on-benefits article. An entity claiming its benefits checks “No LOB article in treaty” on line 14b, and you enter code 12 in box 13n.

Treaty text · Poland treaty rates

Portugal

Article 17 (Limitation on Benefits). Original Convention signed September 6, 1994.

Para 6 denies all benefits to persons entitled to Madeira or Santa Maria Island free-zone benefits or similar later regimes.

Treaty text · Portugal treaty rates

Romania

No limitation-on-benefits article. Convention signed December 4, 1973.

No LOB article or LOB-type provision found in the treaty text.

This treaty has no limitation-on-benefits article. An entity claiming its benefits checks “No LOB article in treaty” on line 14b, and you enter code 12 in box 13n.

Treaty text · Romania treaty rates

Russia (suspended; note only)

Article 20 (Limitation on Benefits). Original Convention signed June 17, 1992.

Suspended. The United States suspended most of the Russia treaty, including Article 20 (Limitation on Benefits), effective August 16, 2024. No reduced treaty rates are available, so no LOB code applies.

Treaty text Also · Russia treaty rates

Slovak Republic

Article 17 (Limitation on Benefits). Original Convention signed October 8, 1993.

Same structure as Czech Republic.

Treaty text · Slovak Republic treaty rates

Slovenia

Article 22 (Limitation on Benefits). Original Convention signed June 21, 1999.

Recognized exchanges include Ljubljana, Frankfurt, London, Paris and Vienna.

Treaty text · Slovenia treaty rates

South Africa

Article 22 (Limitation on Benefits). Original Convention signed February 17, 1997.

Para 6 triangular rule: South African enterprise's U.S. income via third-jurisdiction PE taxed less than 50%; interest and royalties capped at 15%; exceptions for active business, self-developed IP, subpart F.

Treaty text · South Africa treaty rates

South Korea

No limitation-on-benefits article. Convention signed June 4, 1976.

Code 11 or 12? IRS Table 4 lists Article 17 (Investment or Holding Companies) as the South Korea treaty’s limitation provision. That article denies some benefits to low-taxed companies owned 25% or more by non-residents, but it has none of the qualifying tests an LOB article has. The IRS has not said which box 13n code fits. One reading is 12, because there is no limitation-on-benefits article as the W-8BEN-E uses the term; the other is 11 (Other), because the IRS table treats the article as the limitation. Pick one, record why, and use it consistently.

Treaty text · South Korea treaty rates

Spain

Article 17 (Limitation on Benefits). Protocol signed January 14, 2013 (replaced Article 17 of 1990 Convention).

Para 6 triangular rule for income via third-state PE. Protocol para 5 adds interpretive rules for Art 17.

Treaty text Also · Spain treaty rates

Sri Lanka

Article 23 (Limitation on Benefits). Protocol signed September 20, 2002 (replaced Article 23 of 1985 Convention).

1985 treaty text not linked on IRS page; LOB read from the 2002 Protocol, which replaced Art 23 in full.

Treaty text · Sri Lanka treaty rates

Sweden

Article 17 (Limitation on Benefits). Protocol signed September 30, 2005 (replaced Article 17 of 1994 Convention).

Para 5 triangular rule for Swedish enterprise's U.S. interest/royalties via third-state PE. 1994 treaty text not linked on IRS page.

Treaty text Also · Sweden treaty rates

Switzerland

Article 22 (Limitation on Benefits). Original Convention signed October 2, 1996.

1(f) is an ownership test without explicit base erosion; derivative test (3) has its own base erosion. Para 4 triangular rule. 2009 Protocol TE references Art 22(2) for pensions only.

Treaty text Also · Switzerland treaty rates

Thailand

Article 18 (Limitation on Benefits). Original Convention signed November 26, 1996.

Para 3 denies U.S. benefits to Thai international banking facilities. Para 6 remittance-basis rule.

Treaty text · Thailand treaty rates

Trinidad and Tobago

No limitation-on-benefits article. Convention signed January 9, 1970.

Code 11 or 12? IRS Table 4 lists Article 16 (Investment or Holding Companies) as the Trinidad and Tobago treaty’s limitation provision. That article denies some benefits to low-taxed companies owned 25% or more by non-residents, but it has none of the qualifying tests an LOB article has. The IRS has not said which box 13n code fits. One reading is 12, because there is no limitation-on-benefits article as the W-8BEN-E uses the term; the other is 11 (Other), because the IRS table treats the article as the limitation. Pick one, record why, and use it consistently.

Treaty text · Trinidad and Tobago treaty rates

Tunisia

Article 25 (Mutual Agreement Procedure), paragraphs 5 to 7; no article titled Limitation on Benefits. Protocol signed October 4, 1989 (Article VIII added paras 5-7 to Art 25 of 1985 Convention).

LOB-type rules placed in the Mutual Agreement Procedure article. Para 6 requires competent authority consultation before denial.

Judgment call. The Tunisia treaty has no article titled Limitation on Benefits; its LOB-type tests sit in Article 25 (Mutual Agreement Procedure). The codes above map those tests. If you read the treaty as having no LOB article, code 12 would apply instead.

Treaty text · Tunisia treaty rates

Turkey

Article 22 (Limitation on Benefits). Original Convention signed March 28, 1996.

Not-for-profit test measured by annual support expended for or derived from qualified persons.

Treaty text · Turkey treaty rates

Ukraine

Article 22 (Limitation on Benefits). Original Convention signed March 4, 1994.

No government test in the article. Same structure as Kazakhstan.

Treaty text · Ukraine treaty rates

United Kingdom

Article 23 (Limitation on Benefits). Original Convention signed July 24, 2001.

Para 5 disproportionate share class rule. No triangular rule in Art 23. 2002 Protocol and 2001 notes reviewed for references only.

Treaty text Also · United Kingdom treaty rates

Venezuela

Article 17 (Limitation on Benefits). Original Convention signed January 25, 1999.

Para 2 denies benefits to Venezuelan entidad or colectividad with disproportionate interest classes. Para 3 excludes tax-motivated former U.S. long-term residents for 10 years.

Treaty text · Venezuela treaty rates