Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ns/I8957/201806/A/XML/Cycle06/source (Init. & Date) _______ Page 1 of 7 15:01 - 29-Jun-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for Form 8957 (Rev. June 2018) Foreign Account Tax Compliance Act (FATCA) Registration Section references are to the Internal Revenue monthly to add or remove approved modified by the applicable Model 2 Code unless otherwise noted. entities or their branches. IGA. An FFI, or branch of an FFI, other Future Developments How To Register than one covered by an IGA (other Additional information about the than when registration is required registration process may be posted at Online registration. The FATCA under the applicable IGA) can register IRS.gov/FATCA. registration website is a secure to: web-based system that enables FIs and Direct Reporting NFFEs to register – enter into an FFI Agreement to be What’s New electronically from anywhere in the world treated as a PFFI, or Changes to Form 8957, line 4. Form without the need to print, complete, and – agree to meet the requirements to 8957 has been updated to include mail paper forms. FIs and Direct Reporting be treated as an RDCFFI. additional FATCA classifications on Part NFFEs are encouraged to register online An entity seeking to act as a 1, line 4. These classifications are also at IRS.gov/FATCA-Registration. Sponsoring Entity can register to agree to perform the due diligence, reporting, used to determine Member FI types in Part Paper registration. FIs and Direct and withholding responsibilities on behalf 2, line 12. The FATCA classifications have Reporting NFFEs that choose to register of one or more Sponsored Entities. been broken down into more specific using the paper form must mail Form 8957 FATCA categories that are consistent with and all required attachments to: Note. A foreign branch of a USFI the chapter 4 status to be reported on located in a Model 2 IGA jurisdiction other forms (for example, W-8BEN-E, Internal Revenue Service does not need to register unless such W-8IMY, W-8EXP). Refer to the FATCA, Stop 6099 AUSC foreign branch intends to apply for status Definitions section, later, for the definition 3651 South IH 35 as a QI and is required to obtain a GIIN as of each FATCA classification. Austin, Texas 78741 a condition of such status. A USFI seeking to act as a Lead FI Reminders If an FI or a Direct Reporting NFFE for purposes of registering its Member Removal of limited FFI and limited chooses to file a paper registration form, FIs can register to identify itself as such. branch statuses. The transitional period the IRS will establish an online FATCA A Direct Reporting NFFE can register for limited FFI and limited branch statuses account for the FI or Direct Reporting to agree to perform the due diligence and has expired. In Part 1, line 4, and Part 2, NFFE and provide the FI or Direct reporting obligations required of its status line 12, Limited Financial Institution is Reporting NFFE with information on how as a Direct Reporting NFFE. removed as a FATCA classification. to access the online FATCA account to A trustee of a Trustee-Documented view, manage, and edit its FATCA Trust can register to agree to perform the Renewal of QI, WP, and WT agree- information. If the paper FATCA due diligence and reporting obligations on ments. QIs, WPs, and WTs no longer registration form is incomplete, the FI or behalf of one or more renew their agreements using Form 8957. Direct Reporting NFFE will be contacted Trustee-Documented Trusts. Instead, QIs, WPs, and WTs renew their by mail to provide additional information A Sponsored Entity should not agreements using the QI/WP/WT necessary for the IRS to process the ! register for itself. A Sponsored Application and Account Management registration form and establish the FI’s or CAUTION Entity must be registered by its System. Direct Reporting NFFE's online account. Sponsoring Entity on the FATCA registration website. General Instructions Who Is Eligible To Register Before Completing Purpose of Form The following entities are eligible to Form 8957 is used by an FI or a Direct register (on behalf of themselves and their Form 8957 Reporting NFFE to register itself and its branches) for the specific purposes There are two parts and a signature line to branches, if any, as a participating foreign described below, as well as to obtain a the FATCA registration form. An FI or financial institution (PFFI) (including a GIIN. Direct Reporting NFFE will need to Reporting FI under a Model 2 IGA), a An FFI, or foreign branch of an FFI complete only the relevant parts of the registered deemed-compliant foreign or USFI, treated as a Reporting FI form for the particular type of registration financial institution (RDCFFI), a Reporting under a Model 1 IGA can register to requested. Financial Institution under a Model 1 IGA, authorize one or more points of contact to a sponsoring entity (Sponsoring Entity), a receive information related to registration Part 1 must be completed by all FIs and Direct Reporting NFFE, a trustee of a on the FI’s behalf. Direct Reporting NFFEs to provide basic Trustee-Documented Trust, or a U.S. FI. An FFI, or foreign branch of an FFI, identifying information. In connection with its FATCA registration, treated as a Reporting FI under a Part 2 should be completed only by a an FI, a U.S. financial institution (USFI) Model 2 IGA can register to: Lead FI via the FATCA registration acting as a Lead FI, a Sponsoring Entity, – authorize one or more points of website. A Lead FI will identify in Part 2 and a Direct Reporting NFFE will be contact to receive information related each Member FI for which it is acting as a issued a GIIN and will be identified on the to registration on the FI's behalf, and Lead FI and that is treated as a PFFI IRS FFI List. The IRS FFI List is updated – confirm that it will comply with the (including a Reporting FI under a Model 2 terms of an FFI Agreement, as IGA), RDCFFI, a Reporting FI under a Jun 29, 2018 Cat. No. 59561K |
Page 2 of 7 Fileid: … ns/I8957/201806/A/XML/Cycle06/source 15:01 - 29-Jun-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Model 1 IGA, or a Direct Reporting NFFE. Direct Reporting NFFE insurance company (or holding company Additionally, for purposes of registration, a of an insurance company) that issues Member FI may include a foreign branch A Direct Reporting NFFE is a nonfinancial cash value insurance or annuity contracts. of a USFI that is registering to obtain a foreign entity that has elected to report its GIIN or to renew its QI Agreement. substantial U.S. owners to the IRS pursuant to Treasury Regulations section Foreign Financial Institution (FFI) The signature line and the associated 1.1472-1(c)(3). A Foreign Financial Institution (FFI) means checkbox must be completed by all FIs a Financial Institution that is not located in and Direct Reporting NFFEs and requires Exempt Beneficial Owner the United States and includes: (1) an FFI treated as a Reporting FI under a Model 1 an FI or a Direct Reporting NFFE to certify Exempt Beneficial Owner means an entity IGA, including foreign branches of a USFI that the information provided in the described in Treasury Regulations section or U.S. Territory FI, (2) an FFI treated as a FATCA registration form is accurate and 1.1471-6 as: (1) a foreign government, a Reporting FI under a Model 2 IGA, and (3) complete and that the individual signing political subdivision of a foreign a foreign branch of a USFI that has in the registration form is authorized to agree government, or a wholly owned agency or effect a QI Agreement. that the FI or Direct Reporting NFFE instrumentality of any one or more of the intends to comply with its FATCA foregoing; (2) an international organization obligations, if applicable, in accordance or a wholly owned agency or GIIN with the status or statuses for which it has instrumentality thereof; (3) a foreign GIIN means a global intermediary registered itself or any of its branches. central bank of issue; (4) a government of identification number assigned to an Reporting FIs under a Model 1 or Mod- a U.S. Territory; (5) a treaty-qualified approved FI, Sponsoring Entity, el 2 IGA. Most Reporting FIs under a retirement fund; (6) a broad participation Sponsored Entity, or Direct Reporting Model 1 IGA are registering only to obtain retirement fund; (7) a narrow participation NFFE. A separate GIIN will be issued to a GIIN and to authorize one or more points retirement fund; (8) a fund formed an FI to identify each jurisdiction, including of contact (POCs) to receive information pursuant to a plan similar to a section the jurisdiction of an FI's residence, in related to FATCA registration on behalf of 401(a) plan; (9) an investment vehicle which the FI maintains a branch. A Direct the FI. Most Reporting FIs under a Model used exclusively for retirement funds; (10) Reporting NFFE will be issued only one 2 IGA are registering only to obtain a GIIN, a pension fund of an exempt beneficial GIIN, irrespective of where it maintains authorize one or more POCs to receive owner; or (11) an entity wholly owned by branches. information related to FATCA registration exempt beneficial owners. The term on behalf of the FI, and confirm that they “Exempt Beneficial Owner” also includes An FI, a Direct Reporting NFFE, a will comply with the terms of an FFI any entity treated as an exempt beneficial Sponsoring Entity, or a Sponsored Entity Agreement as modified by the applicable owner pursuant to a Model 1 or Model 2 may use its GIIN to identify itself to Model 2 IGA. IGA. withholding agents and tax administrators A Reporting FI under a Model 1 or for FATCA reporting. GIINs are Model 2 IGA that is operating one or more Expanded Affiliated Group (EAG) alphanumeric, comprised of 19 characters branches not in an IGA jurisdiction is also An Expanded Affiliated Group (EAG) with the following format: agreeing to the terms of an FFI Agreement means one or more chains of members XXXXXX.XXXXX.XX.XXX. A detailed for any such branch, unless the branch is connected through ownership by a breakdown that includes the information treated as a related branch that meets the common parent entity if the common on each set of characters in the GIIN can requirements of the applicable IGA. Such parent entity directly owns stock or other be found at IRS.gov/FATCA-Registration. related branch should not be registered. equity interests meeting the requirements Definitions of Treasury Regulations section Lead FI For detailed information about definitions 1.1471-5(i)(4) in at least one of the other A Lead FI means a USFI, FFI, or a that apply for purposes of FATCA members. Compliance FI that initiates the FATCA generally (Internal Revenue Code registration for each of its Member FIs that sections 1471-1474), see Treasury FATCA ID is a PFFI or RDCFFI. A Lead FI is not Regulations section 1.1471-1. A Reporting Each registering FI or Direct Reporting required to act as a Lead FI for all Member FI under a Model 1 or Model 2 IGA should NFFE will be provided a FATCA ID that FIs within an EAG. Thus, an EAG may refer to the applicable IGA for definitions. will be used for purposes of establishing include more than one Lead FI that and accessing the FI’s or Direct Reporting initiates the FATCA registration for a group Solely for purposes of FATCA NFFE's online FATCA account. For all FIs of its Member FIs. A Lead FI will be registration, the following definitions are and Direct Reporting NFFEs, other than provided the ability to manage the online provided to help guide FIs through the Member FIs, the FATCA ID is a randomly FATCA account for its Member FIs. If a process. generated six-character alphanumeric Lead FI submits a paper Form 8957, the string. For Member FIs, the FATCA ID will IRS will create an online FATCA account Compliance FI be comprised of 12 characters: the first six for the Lead FI and will provide the Lead FI A Compliance FI means a PFFI, Reporting characters will be the Lead FI’s FATCA ID, with information on how to access its FI under a Model 1 or Model 2 IGA, or followed by a period, and the last five FATCA account, including a FATCA ID USFI that agrees to establish and maintain characters will be alphanumeric and and temporary access code. The Lead FI a consolidated compliance program and assigned sequentially to each Member. will then need to add each of its Member to perform a consolidated periodic review The FATCA ID is not the same as the FIs via the FATCA registration website. on behalf of one or more Member FIs that GIIN. The Lead FI may complete the registration for a Member FI or it may instruct the are part of its EAG (the compliance Member FI to do so. group). A Compliance FI must meet the Financial Institution (FI) requirements to register as a Lead FI, and Financial Institution (FI) means an Member FI as part of that registration, it must identify institution that is a depository institution, each Member FI that is included in its custodial institution, investment entity, or A Member FI means an FFI or a Direct compliance group. Reporting NFFE that is registering as a -2- Instructions for Form 8957 (Rev. 6-2018) |
Page 3 of 7 Fileid: … ns/I8957/201806/A/XML/Cycle06/source 15:01 - 29-Jun-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. member of an EAG that is not acting as a the terms of the applicable Model 2 IGA, the terms of a Model 1 IGA that is treated Lead FI and that is registering as a PFFI, or (3) is a foreign branch of a USFI that as in effect. The term Reporting FI also RDCFFI, or Direct Reporting NFFE. For has in effect a QI Agreement and that is includes a foreign branch of a USFI that is purposes of registration, a Member FI may also agreeing to the terms of an FFI a Reporting FI under the terms of a Model also include a foreign branch of a USFI Agreement, unless such branch is treated 1 IGA that is treated as in effect. that is treated as a Reporting FI under a as a Reporting FI under a Model 1 IGA Model 1 IGA, or that intends to apply for (see definition of Reporting FI Under a Reporting FI Under a Model 2 IGA status as a QI and is required to obtain a Model 1 IGA). See Rev. Proc. 2014-38, GIIN as a condition of such status. A available at IRS.gov/irb/ A Reporting FI under a Model 2 IGA Member FI will need to obtain its FATCA 2014-29_IRB#RP-2014-38 (as updated), means an FI that is a Reporting FI under ID from its Lead FI and provide the FATCA for the FFI Agreement. the terms of a Model 2 IGA that is treated ID on the paper FATCA registration form. as in effect. A foreign branch of a USFI treated as a Reporting FI under the terms The FATCA ID is used to identify the Point of Contact (POC) of a Model 2 IGA is not required to submit Member FI for purposes of registration and is not the same number as the GIIN. A Point of Contact (POC) is an individual a FATCA registration form to obtain a authorized by the FI or Direct Reporting GIIN, unless it intends to apply for status NFFE to receive FATCA-related as a QI and is required to obtain a GIIN as Model 1 IGA information regarding the FI or Direct a condition of such status. A Model 1 IGA means an agreement Reporting NFFE and to take other between the United States or the Treasury FATCA-related actions on behalf of the FI Single FI Department and a foreign government or or Direct Reporting NFFE. one or more foreign agencies to A Single FI means an FI that does not have any Member FIs and that is implement FATCA through reporting by Qualified Intermediary (QI) registering for PFFI or RDCFFI status for financial institutions to such foreign government or agency thereof, followed A Qualified Intermediary (QI) means an itself or one or more of its branches. A by automatic exchange of the reported entity that has entered into a qualified Single FI may also include a foreign information with the IRS. For a list of intermediary withholding agreement (QI branch of a USFI treated as a Reporting FI jurisdictions treated as having an IGA in Agreement) with the IRS. See Rev. Proc. under a Model 1 IGA or that has in effect a effect, see “List of Jurisdictions” available 2014-39, available at IRS.gov/irb/ QI Agreement. at treasury.gov/resource-center/tax-policy/ 2014-29_IRB#RP-2014-39 (as updated), treaties/Pages/FATCA.aspx. for the QI Agreement. Sponsored Direct Reporting NFFE A Sponsored Direct Reporting NFFE Model 2 IGA Registered Deemed- means a Direct Reporting NFFE that has A Model 2 IGA means an agreement or Compliant FFI (RDCFFI) another entity, other than a arrangement between the United States or A Registered Deemed-Compliant FFI nonparticipating FFI, that agrees to act as the Treasury Department and a foreign (RDCFFI) means: (1) an FFI that is its Sponsoring Entity. government or one or more foreign registering to confirm that it meets the agencies to implement FATCA through requirements to be treated as a local FFI, Sponsored Entity reporting by financial institutions directly to nonreporting FI member of a PFFI group, A Sponsored Entity means a Sponsored the IRS in accordance with the qualified collective investment vehicle, FFI or a Sponsored Direct Reporting requirements of an FFI Agreement, restricted fund, qualified credit card issuer, NFFE. supplemented by the exchange of sponsored investment entity, or information between such foreign sponsored controlled foreign corporation government or agency thereof and the (under Treasury Regulations section Sponsored FFI IRS. For a list of jurisdictions treated as 1.1471-5(f)(1)(i)); (2) a Reporting FI under A Sponsored FFI means an FFI that is an having an IGA in effect, see “List of a Model 1 IGA and that is registering to investment entity or a controlled foreign Jurisdictions” available at treasury.gov/ obtain a GIIN; or (3) an FFI that is treated corporation having a Sponsoring Entity resource-center/tax-policy/treaties/Pages/ as a Nonreporting FI under a Model 1 or that will perform the due diligence, FATCA.aspx. Model 2 IGA and that is registering withholding, and reporting obligations on pursuant to the applicable Model 1 or its behalf. Nonreporting FI Model 2 IGA. A Nonreporting FI means an entity that is Sponsoring Entity established in a jurisdiction that has in Related Branch A Sponsoring Entity means an entity that effect a Model 1 or Model 2 IGA and that A related branch means a related branch will perform the due diligence, withholding, is treated as a nonreporting FI in Annex II of a Reporting FI under a Model 1 or and reporting obligations of one or more of the applicable Model 1 or Model 2 IGA Model 2 IGA that is treated as a Sponsored FFIs or the due diligence and or that is otherwise treated as a nonparticipating FFI under Article 3(5) of reporting obligations of one or more deemed-compliant FFI or an exempt the Model 2 IGA (or any analogous Sponsored Direct Reporting NFFEs. beneficial owner under Treasury provision in an applicable Model 2 IGA) or Regulations section 1.1471-5 or 1.1471-6. Article 4(5) of the Model 1 IGA (or any analogous provision in an applicable Trustee-Documented Trust Participating FFI (PFFI) Model 1 IGA) if the requirements in the A Trustee-Documented Trust is a trust applicable IGA with respect to such described as such in a Model 1 IGA or a A Participating FFI (PFFI) means an FFI related branch are satisfied. Model 2 IGA. that: (1) is registering to agree to enter into an FFI Agreement, (2) is treated as a Reporting FI under a Model 2 IGA and that Reporting FI Under a Model 1 IGA United States is certifying that it will comply with the A Reporting FI under a Model 1 IGA United States means the United States of terms of an FFI Agreement, as modified by means an FI that is a Reporting FI under America, including the States thereof, but Instructions for Form 8957 (Rev. 6-2018) -3- |
Page 4 of 7 Fileid: … ns/I8957/201806/A/XML/Cycle06/source 15:01 - 29-Jun-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. does not include the U.S. Territories. Any compliance program should be registered reference to a “State” of the United States as Member FIs by the Lead FI that is Specific Instructions includes the District of Columbia. acting as the Compliance FI for the compliance group. Part 1: Financial Institution U.S. Financial Institutions (USFI) Reporting FI under a Model 1 IGA. A Registration A U.S. Financial Institution (USFI) means disregarded entity in a Model 1 IGA an FI that is a resident of the United jurisdiction must register as an entity A Direct Reporting NFFE may States. separate from its owner in order to be TIP register by following the treated as a Reporting FI under a Model 1 instructions for FIs throughout IGA, provided that the disregarded entity these Specific Instructions, except where U.S. Territory is treated as a separate entity for purposes otherwise indicated. U.S. Territory means American Samoa, of its reporting to the applicable Model 1 the Commonwealth of the Northern jurisdiction. Line 1. Check the box applicable to your Mariana Islands, Guam, the FI status as described below. Only one FFIs and Direct Reporting NFFEs that Commonwealth of Puerto Rico, or the U.S. box may be checked. are also Sponsoring Entities. An FFI or Virgin Islands. A Single FI is an FI that has no Direct Reporting NFFE that will also act as Member FIs, and that is registering for a Sponsoring Entity for one or more PFFI or RDCFFI status for itself or one or Withholding Foreign Sponsored Entities is required to submit a more of its branches. A Single FI may also Partnership (WP) second registration form to act as a include a foreign branch of a USFI that is Sponsoring Entity. The Sponsoring Entity treated as a Reporting FI under a Model 1 A Withholding Foreign Partnership (WP) will receive a separate GIIN and should IGA or that intends to apply for status as a means a foreign partnership that has only use that GIIN when it is fulfilling its QI and is required to obtain a GIIN as a entered into a withholding foreign obligations as a Sponsoring Entity. condition of such status. partnership agreement (WP Agreement) with the IRS. See Rev. Proc. 2014-47, Sponsored Entities. A Sponsored FFI A Lead FI means a USFI, FFI, or available at IRS.gov/irb/ and Sponsored Direct Reporting NFFE Compliance FI that will carry out FATCA 2014-35_IRB#RP-2014-47 (as updated), must be registered by their Sponsoring registration for each of its Member FIs that for the WP Agreement. Entity through the FATCA registration is a PFFI or RDCFFI. A Lead FI is not website after the Sponsoring Entity’s required to act as a Lead FI for all Member Withholding Foreign Trust (WT) registration is approved. GIINs will be FIs within an EAG. issued to each approved Sponsored Entity A Withholding Foreign Trust (WT) means and published on the IRS FFI List. A A Member FI will need to obtain its a foreign trust that has entered into a Sponsored Entity is required to provide its FATCA ID from its Lead FI and provide the withholding foreign trust agreement (WT own GIIN (rather than the GIIN of its FATCA ID on the registration form. The Agreement) with the IRS. See Rev. Proc. Sponsoring Entity) to withholding agents. FATCA ID is used to identify the Member 2014-47, available at IRS.gov/irb/ FI for purposes of registration and is not 2014-35_IRB#RP-2014-47 (as updated), Trustees of Trustee-Documented the same number as the GIIN. for the WT Agreement. Trusts. A trustee of a A Sponsoring Entity is an entity that Trustee-Documented Trust is generally will perform the due diligence, withholding, required to submit a registration form to Special Rules and reporting obligations of one or more obtain a GIIN and should only use that Sponsored FFIs or the due diligence and Lead FI and Member FIs of an EAG. In GIIN when fulfilling its obligations as a reporting obligations of one or more general, all FFIs, other than exempt trustee of a Trustee-Documented Trust. In Sponsored Direct Reporting NFFEs. A beneficial owners or certified addition, a trustee that is an FFI may need trustee of a Trustee-Documented Trust deemed-compliant FFIs, that are part of to submit a second registration form for should select “Sponsoring Entity” on line 1 the same EAG must be registered. For use in reporting for its own accounts. if it is registering to obtain a GIIN to use purposes of registration, an EAG may USFIs treated as Lead FIs. A USFI when fulfilling its obligations as a trustee of have more than one Lead FI and may registering as the Lead FI on behalf of its a Trustee-Documented Trust. organize itself for purposes of registration Member FIs will register as a Lead FI and A disregarded entity that is registering into subgroups under different Lead FIs. be issued a GIIN. separate from its owner in order to be a For example, an EAG of 10 FFIs may decide to select two different Lead FIs, Branches. In general, a branch must be Reporting FI under a Model 1 IGA should Lead FI 1 and Lead FI 2. Lead FI 1 can registered as a branch of its owner and not select “Single FI” or “Member FI,” as carry out FATCA registration on behalf of as a separate entity. However, see appropriate. four of its Member FIs and Lead FI 2 can Reporting FI Under a Model 1 IGA, earlier, Line 2. Enter the legal name of the FI. carry out FACTA registration on behalf of for a special rule for branches that are The legal name is the name the FI uses in four of its other Member FIs. All 10 FFIs disregarded entities in Model 1 IGA official incorporation or organization within the same EAG will be registered, jurisdictions. documents, or the name otherwise even though they are registered under two recognized by the residence jurisdiction different Lead FIs. Each Lead FI must government as the FI's official name. identify the Common Parent Entity of the EAG in Part 2, line 13, of the Lead FI’s Line 3a. Enter the FI’s jurisdiction of registration. residence for tax purposes. The jurisdiction of residence generally is the Consolidated compliance program. jurisdiction in which the FI is treated as a If an EAG has in place a consolidated resident for income tax purposes (for compliance program, as described in example, the place of incorporation or Treasury Regulations section 1.1471-4(f) place of principal management and (2)(ii), then Member FIs that elect to control). If the FI is a dual resident, identify participate in the same consolidated one of the countries where it is a tax -4- Instructions for Form 8957 (Rev. 6-2018) |
Page 5 of 7 Fileid: … ns/I8957/201806/A/XML/Cycle06/source 15:01 - 29-Jun-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. resident on this line and identify the branches in the United States, the FI Line 10. Provide the name, title, address, second jurisdiction of tax residence on should enter this information on line 8. and contact information of the line 8 (if the second jurisdiction is the Responsible Officer (RO) of the FI. For Line 5. Enter the mailing address of the United States) or line 9 (if the second tax purposes of line 10, RO means the person FI. The address provided will be used to residence jurisdiction is a country other authorized under applicable local law to send all mail correspondence related to than the United States). establish the statuses of the FI's home the FI's FATCA registration, FATCA Partnerships and other flow-through account, and any other related matters. office and branches as indicated on the entities. For a partnership or other registration form. To have the authority to Line 6. Check the appropriate box to flow-through entity, the FI’s jurisdiction of “establish the statuses” for purposes of indicate that the FI is a party to a QI, WP, residence means the jurisdiction under the this line 10, an RO must have the authority or WT Agreement with the IRS and laws of which the entity is organized or to act on behalf of the FI to represent the provide the EIN that was issued to the FI established or, if not organized or FATCA status(es) of the FI to the IRS as for use in identifying itself when acting in established under the laws of any part of the registration process. The RO its capacity as a QI, WP, or WT. If the FI jurisdiction, the jurisdiction where it for purposes of this line must also have enters into a QI, WP, or WT agreement maintains its principal office. the authority under local law to designate after it submits this registration form, the FI additional POCs. The individual identified Line 3b. Enter the FI's country/jurisdiction should amend its response to this as the RO on this line 10 will be the only tax ID. Some countries/jurisdictions may question to reflect its new status as a QI, individual who will receive emails from the use a Tax Identification Number ("TIN") to WP, or WT and add its EIN to its IRS related to the FI's FATCA account. identify taxpayers. If the FI is in a registration. This is done by editing the jurisdiction that uses TINs and the FI has a FI's online FATCA account. For more The meaning of “authority to act on TIN, enter its TIN on this line. If the FI does information, see Paper registration on behalf of the FI to represent its FATCA not have a TIN, leave this line blank. page 1. Check “Yes” or “No” to indicate status” is determined based on the FI's whether the FI intends to maintain its status, as follows. Line 4. Check the box applicable to your With respect to a PFFI, an RO is an status as a QI, WP, or WT. FATCA classification in your jurisdiction of officer of the FFI (or an officer of any tax residence. Only one box may be Check “Not Applicable” if the FI is not a Member FI that is a PFFI, Reporting FI checked. See Definitions section, earlier, party to a QI, WP, or WT Agreement with under a Model 1 IGA, or Reporting FI for definitions of the terms used on line 4. the IRS. under a Model 2 IGA) with authority to If you are a Reporting FI under a Model Line 7. Check “Yes” if the FI maintains a fulfill the duties of an RO described in an 1 IGA, select “Reporting Financial branch outside its jurisdiction of tax FFI Agreement. Institution under a Model 1 IGA.” residence. A branch is a unit, business, or With respect to a PFFI that elects to be If you are a Nonreporting FI registering office of an FI that is treated as a branch part of a consolidated compliance pursuant to an applicable Model 1 or under the regulatory regime of a program, an RO is an officer of the Model 2 IGA, select the Registered jurisdiction or is otherwise regulated under Compliance FI with authority to fulfill the Deemed-Compliant FFI category that the laws of a jurisdiction as separate from duties of an RO described in the FFI most closely matches the category in other offices, units, or branches of the FI. Agreement on behalf of each FFI in the Annex II of the applicable IGA for which FIs should treat all offices or business compliance group (regardless of whether you qualify. units within any one jurisdiction as a single the FFI is treated as a Reporting FI under branch. a Model 1 IGA or Reporting FI under a If you are the Sponsoring Entity of both Model 2 IGA). one or more Sponsored FFIs and one or Sponsoring Entities, Trustees of more Sponsored Direct Reporting NFFEs, Trustee-Documented Trusts, and With respect to an RDCFFI, an RO is an select “Sponsoring Entity of Sponsored Direct Reporting NFFEs. If you are officer of the FI (or an officer of any FFIs and Sponsored Direct Reporting applying as a Sponsoring Entity, trustee of Member FFI that is a PFFI, Reporting FI NFFEs.” a Trustee-Documented Trust, or Direct under a Model 1 IGA, or Reporting FI Reporting NFFE, you do not need to under a Model 2 IGA) with authority to If you are a trustee of a answer questions about your branches ensure that the FFI meets the applicable Trustee-Documented Trust, select and should check “No.” requirements to be treated as an RDCFFI. “Trustee of a Trustee-Documented Trust” With respect to a Reporting FI under a on line 4 (and “Sponsoring Entity” on Line 8. Check “Yes” if the FI is either a Model 1 IGA, an RO is any individual line 1). U.S. resident or maintains a branch within specified under local law to register and the United States, and provide the EIN of obtain a GIIN on behalf of the FFI. If, Note: FIs with branches in multiple ju- the FI or U.S. branch, as appropriate. however, the Reporting FI under a Model risdictions. An FI (other than a 1 IGA operates any branches outside of a Sponsoring Entity, USFI, or foreign branch Line 9. Separately identify each of a USFI) that maintains branch jurisdiction where the FI maintains a Model 1 IGA jurisdiction, then the RO operations in multiple jurisdictions should branch outside of the United States, identified must be an individual who can answer this question by treating the including if the FI maintains a branch in a satisfy the requirements under the laws of operations within its country of tax U.S. Territory, other than jurisdictions the Model 1 IGA jurisdiction and the residence as if it were a branch (home where the FI maintains related branches. requirements relevant to the registration office) and then classify whether such Use additional sheets to furnish the type selected for each of its non-Model 1 home office is participating or registered required information for each separate IGA branches. deemed compliant. On line 9 of the jurisdiction in which the FI maintains a With respect to a USFI that is registration form, the FI should identify the branch. registering as a Lead FI, an RO is any officer of the FI (or an officer of any jurisdictions (other than the United States) When a disregarded entity is required Member FI) with authority to register its where it maintains branches outside of its to register on its own behalf, discussed Member FIs and to manage the online jurisdiction of tax residence, other than earlier, its owner should not report the FATCA accounts for such members. jurisdictions where the FI maintains disregarded entity as a branch on this With respect to a Direct Reporting related branches. If the FI maintains line 9. NFFE, an RO is the individual who will be responsible for ensuring that the Direct Instructions for Form 8957 (Rev. 6-2018) -5- |
Page 6 of 7 Fileid: … ns/I8957/201806/A/XML/Cycle06/source 15:01 - 29-Jun-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Reporting NFFE meets its reporting adviser that will help complete the FATCA check "Yes" and go to Signature line. obligations as a Direct Reporting NFFE registration process should be entered as Otherwise, check "No" and complete and will act as a POC with the IRS in a POC on line 11b, and the “Business line 13b. An Expanded Affiliated Group is connection with its status as a Direct Title” field for that individual POC should generally defined in accordance with the Reporting NFFE. be completed by inserting the name of the principles of section 1504(a) of the Code With respect to a Sponsoring Entity, an entity and the POC’s affiliation with the to mean one or more chains of members RO is the individual who will be entity. Once the authorization is granted, it connected through ownership by a responsible for ensuring that the is effective until revoked by either the POC Common Parent Entity if the Common Sponsored Entity meets its obligations as or by an authorizing individual of the FI. Parent Entity directly owns stock or other a Sponsoring Entity and who will act as a equity interests meeting the requirements POC with the IRS in connection with its Part 2: Information on of Treasury Regulations section obligations as a Sponsoring Entity. 1.1471-5(i)(4) in at least one of the other Member FIs of an EAG members (without applying the Note. If an FI is a Lead FI, the FI’s RO will This part need not be completed by an FI constructive ownership rules of section automatically be treated as a POC for the that is a Member FI, Single FI, or 318 of the Code). Generally, only a FI and any Member FI. As a result, the RO Sponsoring Entity. corporation shall be treated as the for a Lead FI may receive correspondence Line 12. A Lead FI will be required to Common Parent Entity of an Expanded related to its Member FI’s FATCA provide identifying information about its Affiliated Group, unless the taxpayer information. Member FIs via the FATCA registration elects to follow the approach described in The address provided should be the website. The grid in Part 2 is provided to Treasury Regulations section 1.1471-5(i) business address of the RO. The business help the Lead FI collect Member FI (10). address is defined as the address where information that it will need to complete Line 13b. Enter the Legal Name of the the RO maintains his or her principal the online version of Part 2 of the FATCA Expanded Affiliated Group's Common office. registration form. Do not mail identifying Parent Entity. Also enter the FATCA ID (if Line 11a. Check “Yes” and complete information for Member FIs to the IRS on known). If you do not know the FATCA ID line 11b if the FI wants to appoint one or the paper FATCA registration form. If a of the Common Parent Entity, leave this more POCs, other than the RO identified Lead FI submits a paper Form 8957, after blank. on line 10. A POC is an individual the form is processed by the IRS, the Lead authorized to receive from the IRS FI will receive a FATCA ID and temporary FATCA-related information regarding the access code to access its online account Signature FI and to take other FATCA-related and to complete Part 2 of the FATCA The individual signing the registration form actions on behalf of the FI. While the POC registration form for each of its Member on behalf of the FI should check the box, must be an individual, the POC does not FIs. In order to complete Part 2, the Lead enter his or her name in the space need to be an employee of the FI. FI will need to know the Member FI’s legal provided, and then sign on the signature name, jurisdiction of tax residence, and line at the bottom. The form will not be Check “No” if the FI wants the IRS to member type. The member type is the processed if the name of the individual or send correspondence only to the RO Member FI’s FATCA classification. the signature is missing. identified on line 10. FATCA classifications are listed in Part 1, For purposes of the signature line and By listing one or more POCs on line 4. A Member FI may not be a the associated checkbox, the term “RO” line 11b and checking the “Yes” box on Sponsoring Entity or a trustee of a means the individual with authority under line 11a, the individual identified in the Trustee-Documented Trust. local law to submit the information checkbox on line 11b is providing the IRS The jurisdiction of residence of a provided on behalf of the FI. In the case of with written authorization to release the Member FI generally is the jurisdiction in FIs or FI branches not governed by a FI’s FATCA information to the POC. which the Member FI is treated as a Model 1 IGA, this individual must also Line 11b. For purposes of line 11b, the resident for income tax purposes (for have authority under local law to certify term “RO” means an individual who is example, the place of incorporation or that the FI meets the requirements authorized under local law to consent on place of principal management and applicable to the FI status or statuses behalf of the FI (an “authorizing control). If the Member FI is a dual identified on the registration form. The individual”) to the disclosure of resident, identify one of the jurisdictions individual must be able to certify, to the FATCA-related tax information to third where it is a tax resident in this question. best of his or her knowledge, that the parties. This individual may be the same The second jurisdiction should be information provided in the FI's registration as the individual identified as the RO on identified as a branch jurisdiction in the is accurate and complete. line 10. By listing one or more POCs on Member FI’s online FATCA account. For a line 11b and checking the “Yes” box on Member FI that is a partnership or other In the case of an FI, the individual must line 11a, the authorizing individual flow-through entity, the Member FI’s be able to certify that the FI meets the identified at the end of line 11b (to the right jurisdiction of residence means the requirements applicable to the status(es) of the checkbox) is providing the IRS with jurisdiction under the laws of which the identified in the FI's registration. However, written authorization to release the FI’s entity is organized or established or, if not a Reporting FI under a Model 1 IGA that FATCA information to the POC. This organized or established under the laws of has branches (as identified in Part 1, authorization specifically includes any jurisdiction, the jurisdiction where it line 9) that are located outside of a Model authorization for the POC to complete the maintains its principal office. 1 IGA jurisdiction will also agree to the FATCA registration (except for the For more information on how to terms applicable to the statuses of such signature line and the associated complete information for a Member FI via branches. checkbox), to take other FATCA-related the FATCA registration website, see the In the case of a Direct Reporting NFFE, actions, and to obtain access to the FI's online user guide available at IRS.gov/ the individual must be able to certify that tax information. If a third-party adviser that FATCA-Registration. the Direct Reporting NFFE meets the is an entity is retained to help the FI requirements of a Direct Reporting NFFE complete its FATCA registration process, Line 13a. If the FI is the Common Parent the name of the third-party individual Entity of the Expanded Affiliated Group, under Treasury Regulations section 1.1472-1(c)(3). -6- Instructions for Form 8957 (Rev. 6-2018) |
Page 7 of 7 Fileid: … ns/I8957/201806/A/XML/Cycle06/source 15:01 - 29-Jun-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. An RO (as defined for purposes of the circumstances. The estimated average signature line and the associated Paperwork Reduction Act Notice. We time is: checkbox) can delegate authorization to ask for the information on this form to carry complete the signature line and the out the Internal Revenue laws of the associated checkbox by signing a Form United States. You are required to give us Recordkeeping. . . . . . . 7 hr., 24 min. 2848, Power of Attorney Form and the information. We need it to ensure that Learning about the law Declaration of Representative, or other you are complying with these laws and to or the form. . . . . . . . . . 18 min. similar form or document (including an allow us to figure and collect the right Preparing and sending applicable form or document under local amount of tax. the form to the IRS . . . . 25 min. law giving the agent the authorization to You are not required to provide the provide the information required for the information requested on a form that is FATCA registration). subject to the Paperwork Reduction Act If you have comments concerning the The RO identified in the signature line unless the form displays a valid OMB accuracy of these time estimates or and the associated checkbox need not be control number. Books or records relating suggestions for making this form simpler, the same individual identified as the RO to a form or its instructions must be we would be happy to hear from you. You on line 10 or line 11b. retained as long as their contents may can send us comments from IRS.gov/ By signing the registration form, the become material in the administration of FormComments. Or you can write to individual certifies that, to the best of his or any Internal Revenue law. Generally, tax Internal Revenue Service, Tax Forms and her knowledge, the information submitted returns and return information are Publications, 1111 Constitution Ave. NW, above is accurate and complete and that confidential, as required by section 6103. IR-6526, Washington, DC 20224. Do not the individual is authorized to agree that send the registration form to this office. the FI or Direct Reporting NFFE intends to The time needed to complete and file Instead, see How To Register, earlier. comply with its FATCA obligations. this form will vary depending on individual Instructions for Form 8957 (Rev. 6-2018) -7- |