Agenda 11/10/2015 Item #16D15 11/10/2015 16.D.15.
EXECUTIVE SUMMARY
Recommendation to approve and adopt a Resolution recognizing and accepting a $10,000 donation
from the William G. Hendrickson Trust to specifically benefit youth education programs at the
Collier County Public Library, authorize the Chairman to execute both the Resolution and the
required receipt, approve the necessary budget amendment.
OBJECTIVE: To provide youth education programs at the Collier County Public Library.
CONSIDERATIONS: The Northern Trust Company advised the Library that the Library is a beneficiary
of The William G. Hendrickson Trust. The Trust would like to donate $10,000 to the Collier County
Public Library. The Trust specifies that the funds must be used to benefit youth education programs at the
Collier County Public Library. The Northern Trust Company requires that the County adopt a Resolution
to accept the funds and confirm that the County will abide by the provisions set forth in the Trust and
commit the funds to the Collier County Public Library: "to be used for youth education programs."
Funds will be allocated for youth program presenters and supplies; books and audio-visual materials; and
technology and software.
FISCAL IMPACT: Donation provided by the William G. Hendrickson Trust in the amount of$10,000
will be recognized and budgeted in Library Grant Fund (129). There is no requirement for a County
match.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approves and adopts a Resolution
recognizing and accepting a $10,000 donation from the William G. Hendrickson Trust to specifically
benefit youth education programs at the Collier County Public Library, authorize the Chairman to execute
the Resolution and required receipt, and approve the necessary budget amendment.
Prepared By: Tanya Williams, Assistant Library Director
Attachments:
1)Declaration of Trust Amendment
2) Receipt
3) Resolution
4) W9 BCC 2015
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.15.
Item Summary: Recommendation to approve and adopt a Resolution recognizing and
accepting a $10,000 donation from the William G. Hendrickson Trust to specifically benefit
youth education programs at the Collier County Public Library, authorize the Chairman to
execute both the Resolution and the required receipt, approve the necessary budget
amendment.
Meeting Date: 11/10/2015
Prepared By
Name: TibbettsKaren
Title:Administrative Assistant,Library
10/26/2015 2:50:11 PM
Submitted by
Title: Assistant Division Director-Library, Library
Name: WilliamsTanya
10/26/2015 2:50:12 PM
Approved By
Name: WilliamsTanya
Title: Assistant Division Director-Library, Library
Date: 10/26/2015 3:31:46 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 10/26/2015 4:07:44 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 10/26/2015 4:08:33 PM
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
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Date: 10/27/2015 2:11:12 PM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 10/27/2015 2:45:10 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/28/2015 2:12:44 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 10/28/2015 3:04:55 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/29/2015 11:14:13 AM
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The Northern Trust Company
4001 Tamiami Trail North
Naples,Florida 34103
(239)262-8800
Z,/ Northern Trust
Kimberly A.Spiker
Vice President
July 31, 2015
Collier County Public Library
2385 Orange Blossom Drive
Naples, FL 34108
Re: William G. and Virginia M. Hendrickson Trust
Dear Sir or Madam:
William G. Hendrickson of Naples, Florida died on December 4, 2009. William's wife,
Virginia M. Hendrickson, also of Naples, FL passed away on January 23, 2015. The
Northern Trust Company, Julie Hendrickson and Thomas Hendrickson are Co-Trustees of
the Virginia M. Hendrickson Trust under agreement dated April 18, 1990 which was
amended and restated in full on March 29, 2013 (the "Trust"). Mrs. Hendrickson's Trust
directs that her Trust be distributed to the William G. Hendrickson Trust pursuant to
Article VI of that Trust. Northern Trust, Julie Hendrickson and Donald Hendrickson are
Co-Trustees of the William G. Hendrickson Trust. Article VI of the William G.
Hendrickson Trust provides for the below referenced bequest to be paid at Mrs.
Hendrickson's death.
"Ten Thousand Dollars ($10,000.00)to the Collier County Public Library.Naples,
FL to be used for youth education programs."
In addition, as Mr. Hendrickson's trust provides that the gift to the Collier County Public
Library to be used specifically for the youth education programs we would like a
resolution by the board of the Collier County Public Library that it will abide by the gift
provisions set forth in the William G. Hendrickson Trust. Please forward a copy of the
resolution to me at your earliest convenience. If you would like us to review the proposed
resolution ahead of time to ensure it will be sufficient for our purposes, please forward a
copy to me and I will be happy to have it reviewed. .. ,.
.t
fume. Es," .€ �.,:Vie.. R
NTAC:2SE-18
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AMENDMENT TO THE
VIRGINIA M. HENDRICKSON
FOURTH AMENDED AND RESTATED
DECLARATION OF TRUST
WHEREAS, I, VIRGINIA M. HENDRICKSON, as Settlor and Trustee, executed a
Declaration of Trust dated April 18, 1990, as amended and restated on December 12, 1996, on
December 19, 2003, on December 19, 2007 and most recently on March 29, 2013, under which
Julie Ann Hendrickson currently serves with me as a Co-Trustee (the"Declaration"); and
WHEREAS,under Article XII of the Declaration, I retained the right to amend or revoke
the Declaration in whole or in part at any time; and
WHEREAS, I desire to amend the Declaration as provided below.
NOW,THEREFORE,I do hereby amend the Declaration as follows:
FIRST: I hereby delete Section 2.1 of the Declaration and substitute therefor a new
Section 2.1 to be and read as follows:
"2.1. Income and Principal. The Trustee shall pay so much or all of the
net income and principal of the trust estate to me or for my benefit as I direct.
Any income not so paid shall be added to principal. Further, the Trustee shall
administer the trust estate in such manner as I may from time to time direct."
SECOND: I hereby delete Article III of the Declaration and substitute therefor a new
Article III to be and read as follows:
"ARTICLE III.
DISTRIBUTIONS AT MY DEATH
The Trustee, as of my death, and after first paying from the balance of the
trust estate (the"residuary trust estate") all expenses, debts, costs and death taxes
as provided in Article IV below, shall distribute the balance of the residuary trust
estate to the then acting trustee of the WILLIAM G. HENDRICKSON
DECLARATION OF TRUST executed by my deceased spouse on April 18,
1990, as most recently amended and restated in its entirety on October 31, 2008,
as further amended on July 16, 2009 ("my spouse's revocable trust"), to be
administered as provided in Article VI therein for the distribution of assets upon
my death (as modified to the extent I have exercised in my Will the limited
powers of appointments granted to me under my spouse's revocable trust).
Notwithstanding the foregoing, if the trust estate includes a promissory note
payable from a child of mine to me, my estate or the Trustee under this
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Declaration, I hereby forgive, as of the date of my death, in full any and all
amounts outstanding under such promissory note and the amount forgiven shall
be taken into account by the Trustee of my spouse's revocable trust in
determining the amount to be distributed as part of the child's distribution
(whether or not the child survives me) under my spouse's revocable trust, as
modified by my exercise of powers of appointment over the trusts created under
my spouse's revocable trust."
THIRD: As hereby changed and amended, I do hereby ratify and confirm the
Declaration, reserving the right to further alter, amend, modify, or revoke the Declaration and
this Amendment.
IN WITNESS WHEREOF, I have executed this instrument this 0` "day of January,
2014. ,
VIRGINIA M.HENDRICKSON,as Settlor
and as Trustee
The foregoing instrument was signed, sealed, and declared by VIRGINIA M.
HENDRICKSON as and for an Amendment to her Fourth Amended and Restated Declaration of
Trust, in the presence of us,the undersigned,who,at her special instance and request,do attest as
witnesses, immediately after VIRGINIA M. HENDRICKSON has signed her name thereto, in
her presence and in the presence of each other,this _i`''of January,2014.
(Witness f
(S itness)
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
On this � day of January, 2014, before me personally came VIRGINIA M.
HENDRICKSON, who is personally known to m es))no) or who has produced
as identification to me, and who acknowledged execution of
the foregoing instrument. —� 0
Notaryublic, St at f Florida
Name: n C.ZakS
(Print Name)
My Commissiop 8*MIC-STATE OF FLORIDA
Joan C. Zaks
.�„ Commi*on#;EE065637
Expire§, FEB.17,2015
-2- BODED TIIItu ATLANTIC BONDING CO.,WC.
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WILLIAM G. HENDRICKSON
SIXTH AMENDED AND RESTATED
DECLARATION OF TRUST
I, WILLIAM G. HENDRICKSON, of Collier County, Florida, do hereby amend and
restate in its entirety, as set forth below, that certain instrument signed by me as Settlor and Trustee
and dated April 18, 1990, establishing the William G. Hendrickson Declaration of Trust, which was
most recently amended and restated in its entirety on December 19, 2007 (the `Declaration"). The
property transferred to the Trustee under the Declaration shall be held as part of the trust estate
which shall be administered in accordance with this Fifth .ended and Restated Declaration as
follows:
ARTICLE I.
FAMILY
The name of my spouse is VIRGINIA M. HENDRIC 4 SON("my spouse"). My spouse is a
citizen of the United States. I have four children, each of who is now living,namely: ROBERT J.
HENDRICKSON, THOMAS J. HENDRICKSON, DON D P. HENDRICKSON and JULIE
ANN HENDRICKSON. In determining whether any person i. a child or descendant for purposes of
this instrument, only children and descendants by birth shall be included, except that my adopted
grandchild, WILLIAM HAROLD HENDRICKSON, and his descendants by birth, shall be treated
as my descendants for purposes of this instrument.
ARTICLE II.
DISTRIBUTIONS DURING MY LIFETIME
During my lifetime,the Trustee shall administer the trust estate as follows:
2.1. Income and Principal. The Trustee shall pay so much or all of the net income and
principal of the trust estate to me or for my benefit as I direct. Any income not so paid shall be
added to principal.
2.2. Disability. If at any time or times I am under a Iegal disability or am unable to
manage my affairs, the Trustee may use such sums from the net income and principal of the trust
estate as the Trustee deems necessary or advisable for the health, education, support or maintenance
of myself and my spouse, or for any other purpose the Trustee considers to be for my best interests,
adding to principal any income not so paid. It is my desire that, during any time or times I am
unable to manage my affairs, the Trustee maintain me in my home for as long as the Trustee deems
it to be in my best interest. During such time, the Trustee may pay expenses for twenty-four hour
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3.2.2.1. The Heritage Foundation. The Trustee shall
distribute the sum of Twenty Five Thousand Dollars ($25,000) to
THE HERITAGE FOUNDATION, Washington, D.C.
3.2.2.2. The Conservancy of Southwest Florida, Inc. The
Trustee shall distribute the sum of Ten Thousand Dollars ($10,000) to
THE CONSERVANCY OF SOUTHWEST FLORIDA, INC.,Naples,
Florida.
3.2.2.3. Philharmonic Center for the Arts. Inc. The Trustee
shall distribute the sum of Ten Thousand Dollars ($10,000) to the
PHILHARMONIC CENTER FOR THE ARTS, INC., Naples,
Florida,to be used for education programs.
3.2.2.4. Moore Regional Hospital. The Trustee shall
distribute the sum of Five Thousand Dollars ($5,000) to MOORE
REGIONAL HOSPITAL, Pinehurst, North Carolina, to be used for
the Radiation Oncology Department.
3.2.2.5. Collier County Public Library. The Trustee shall
distribute the sum of Ten Thousand Dollars ($10,000) to the
COLLIER COUNTY PUBLIC LIBRARY,Naples, Florida, to be used
for youth education programs.
3.2.2.6. Youth Haven, Inc. The Trustee shall distribute the
sum of Ten Thousand Dollars ($10,000) to YOUTH HAVEN, INC.,
Naples,Florida.
3.2.2.7. St. William Catholic Church. The Trustee shall
distribute the sum of Ten Thousand Dollars ($10,000) to
ST. WILLIAM CATHOLIC CHURCH,Naples,Florida.
3.2.2.8. Abatement. If there are insufficient assets to fully
fund the distributions under Section 3.2.2, then the distributions shall
be abated pro rata.
3.2.3. Abatement. If there are insufficient assets to fully fund the
distributions under both Sections 3.2.1 and 3.2.2 above, then (i) the distributions
under Section 3.2.2 shall be abated (as provided above)first, and(ii)the distributions
under Section 3.2.1 shall be abated (as provided above) last.
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IN WITNESS WHEREOF, I have executed this instrument, in the presence of the
witnesses who shall hereafter subscribe their names hereto as attesting witnesses, this the -/day
of October, 2008,
\ . ',...1. •
WILLIAM G. HENDRICKSON, as Senior
and as Trustee
The foregoing instrument was signed, sealed, and declared by WILLIAM G.
HENDRICKSON, as and for his Sixth Amended and Restated Declaration of Trust in the presence
of us, the undersigned, who, at his special instance and request, do attest as witnesses, immediately
after WILLIAM G. HENDRICKSON has signed his name thereto, and in his presence and in the
presence of each other,this the 1 4r-day of October,2008.
, l ' residing at .7 Z2( �f/ PC 1,41 C, ,,,/.e
Ai4 /r 9 rf -1 r'A
1
I.V ' i residing at gS 73 Vicx_ t'Ithldr . 74.
t (q
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
On this 3) day of October, 2008, before me personally came WILLIAM G.
HENDRICKSON, who is personally known to me yes) (no) or who has produced
as identification to me, and who acknowledged execution of the
foregoing instrument.
.t 1 ►1, . . .rlG Al...
=�4 = MY COMMISSION KATHRYN R DD 3s1s�z No•,• P. i lic, State of Florida
rk-�.:. EXPIRES:December 5,2008
Name: ►f. i l� ��t'•F,a qSi: Bonded mni NWrq h69c undemiNers
_ _ (Print Name)
My Commission Expires:
n:1planningle-Mhendrickton4h Irun sep 08.doc
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Northern Trust
N
Please provide a copy of the Collier County Public Library's federal tax-exempt
determination letter [501(C)(3) letter] and organizational documents indicating who has
the authority to sign on behalf of the organization.
A check for $10,000 in payment of that bequest will be forwarded when the enclosed
documents (IRS W-9 and receipt) and requested documents are returned.
If you have any questions,please do not hesitate to contact me directly at(239) 213-6221.
Sincerely,
Kimberly A. Spiker
CC: Julie Hendrickson, Thomas Hendrickson and Donald Hendrickson, Co-Trustees
Daniel Capes, Esq.
NTAC:2SE-18
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RECEIPT
To The Northern Trust Company (Northern Trust), Julie Hendrickson and Thomas
Hendrickson as Co-Trustees of the Virginia M. Hendrickson Trust under agreement dated
April 18, 1990 as amended and restated in full on March 29, 2013. Virginia M.
Hendrickson's Trust directs that her Trust be distributed to the William G. Hendrickson
Trust and distributed pursuant to Article VI of that Trust. Northern Trust, Julie
Hendrickson and Donald Hendrickson are Co-Trustees of the William G. Hendrickson
Trust. Article VI of the William G. Hendrickson Trust provides for the below referenced
bequest to be paid at Virginia M. Hendrickson's death(the"Trust"):
I, , am an official of Collier County Public
Library, Naples, Florida. The Trustee informed the Collier County Public Library, that
the below referenced bequest was made to the Collier County Public Library under
Article VI of the Trust.
"Ten Thousand Dollars ($10,000.00) to the Collier County Public Library, Naples, FL to
be used for youth education programs."
Sequence of Events. I will sign and deliver this Receipt to Northern Trust, and then
Northern Trust will distribute the aforementioned trust property to Collier County Public
Library; provided, however, that this Receipt shall not become effective until Northern
Trust has in fact distributed the trust property to Collier County Public Library.
I hereby acknowledge receipt of the sum of$10,000 in full satisfaction of all the amounts
to which the Collier County Public Library is entitled under Article VI of the Trust.
Signed on • 01-5•-
. � r �+,
r
ATTEST: ,r t; .
DWIGHT E. BROCK, Clerk CO :S4hature
By:
Printed Signature
Approved as to form and legality Title
Assistant County Attorney
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CA
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RESOLUTION NO. 15-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA RECOGNIZING AND ACCEPTING A
$10,000 DONATION FROM THE WILLIAM G. HENDRICKSON TRUST
TO SPECIFICALLY BENEFIT YOUTH EDUCATION PROGRAMS AT
THE COLLIER COUNTY PUBLIC LIBRARIES.
WHEREAS, the Board of County Commissioners was notified by The Northern Trust
Company that the Collier County Public Library is a beneficiary of the William G. Hendrickson
Trust in the amount of$10,000 for Youth Education Programs at the Library; and
WHEREAS, the Trust provides that the gift to the Collier County Public Library be used
specifically for the youth education programs; and
WHEREAS, the Board formally agrees with this Resolution to abide by the gift
provisions set forth in the Trust as described herein.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
The Board of County Commissioners hereby accepts and recognizes the $10,000
Donation from the William G. Hendrickson Trust to benefit the Collier County Public Library,
and further the Board agrees to abide by the terms of the Trust such that the donation will be
used specifically for youth education programs at the Public Libraries.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of September,2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
TIM NANCE, CHAIRMAN
Approved as to form and
QalitY:
lleen M. Greene
Assistant County Attorney
[15-LIB-00118/1204661/1]
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Form 11Y IIIII9 Request for Taxpayer Give Form to the
(Rev.December 2014) requester.Do not
Department of the Treasury identification Number and Certification send to the IRS.
internal Revenue Service
1 Name(as shown on your income tax return.Name is required on this line;do not leave this line blank.
Board of County Cor tmissioners
N 2 Business name/disregarc 3d entity name,if iffferent from above
m
e 3 Check appropriate box fo•federal tax class fication;check only one of the following seven boxes: 4 Exemptions(codes apply Y 9 P ( PPh only to
❑Individual/sole prophet,r or C certain entities,not individuals;see
ag ❑ Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3):
single-member LLC Exempt payee code(it any)
.t,n ❑Limited liability compar/.Enter the tax ct issificatlon(C=C corporation,S=S corporation,P=partnership)s•
Note.For asingle-men bar LLC that Is di:regarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting
• U the tax classification of he single-mamba r owner. code(if any)
E. v Fl Other(see Instructions) • Government (Apple•to accounts maintained oueM.rh•US.)
5 Address(number,street,a id apt,or suite nc.) Requester's name and address(optional)
3299 Tamami Tr E Ste 700
8 City,state,and ZIP code
fn Naples, FL 34112-57411
7 List account number(s)her t(options()
Part I Tax•a er ide.itification Number(TIN)
Enter your TIN In the appropriate box.The TiN provided must match the name given on line 1 to avoid I Seelig security number `
backup withholding.For individtu Is,this is gener illy your social security number(SSN).However,for a i - --
resident alien,sole proprietor,or lisregarded ent ty,see the Part I instructions on page 3.For other - -
entities,it is your employer ident'ication number(EIN).If you do not have a number,see How to get e
TIN on page 3. or
Note.If the account is in more the in one name,se a the instructions for line 1 and the chart on page 4 for I Employer Identification number
guidelines on whose number to a der. T -
5 9 - 6 0 0 0 5 5 8
Part II Certification
Under penalties of perjury,I certify that:
1. The number shown on this forr I is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. I am not subject to backup witl holding becaus e:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject'o 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 wi hholding;and
3. I am a U.S.citizen or other U.S person(defined below);and
4,The FATCA code(s)entered on i'tis form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You m ist cross out lien 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report:.II interest and c Ividends on your tax return.For real estate transactions,item 2 does not apply. For mortgage
interest paid,acquisition or abandk.nment of secursd property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than into rest and divide ids,you are not required to sign the certification,but you must provide your correct TiN.See the
instructions on page 3.
Sign signature of
Here U.S.person•
General Instructions •Form 1 8 ome mortgage Interest),1098-E(student loan Interest),1098-T
(tuition) Li
Section references are to the Internal Re renue Code unless otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information aboi t developments a fading Form W-9(such •Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release it,is at www.irs.gov'fw9.
Use Form W-9 only if you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity(Form W-9 request 3r)who is require(Ito file an information if you do not return Form W-9 to the requester with a 77N,you might be subject
return with the IRS must obtain your con jet taxpayer(dent fication number(TIN) to backup withholding.See Whet Is backup withholding?on page 2.
which may be your social security numbs r(SSN),individue taxpayer Identification By signing the filled-out form,you:
number(ITIN),adoption taxpayer Identlfk atlon number(AT N),or employer
Identification number(EIN),to report on El information retu n the amount paid to 1.Certify that the'TIN you are giving is correct(or you are wetting for a number
you,or other amount reportable on an Mt xmation return.E(ampler of information to be issued),
returns Include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or
•Form 1099-IN7(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.tf
•Form 1099-DIV(dividends,including thr se from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of
•Form 1099 MISC(various types of incoi te, any partnership income from a U.S.trade or business is not subject to the
prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-B(stock or mutual fund sale:and certain other transactions by 4.Certify that FATCA code(s)entered on this form(it any)indicating that you are
brokers) exempt from the FATCA reporting,Is correct.See What is FATCA
•Form 1099-S reporting?on
(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third f arty network Iran:actions)
Cat.No.10231X Form W-9(Rev.12-2014)
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