Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ns/I8957/201706/A/XML/Cycle03/source (Init. & Date) _______ Page 1 of 7 15:10 - 18-May-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Instructions for Form 8957 Internal Revenue Service (Rev. June 2017) Foreign Account Tax Compliance Act (FATCA) Registration Section references are to the Internal Revenue NFFEs are encouraged to register online An entity seeking to act as a Code unless otherwise noted. at www.irs.gov/fatca-registration. Sponsoring Entity can register to agree to perform the due diligence, reporting, What's New Paper registration. FIs and Direct and withholding responsibilities on behalf Reporting NFFEs that choose to register of one or more Sponsored Entities. Removal of limited FFI and limited using the paper form must mail Form 8957 branch statuses. The transitional period and all required attachments to: Note. A foreign branch of a USFI for limited FFI and limited branch statuses located in a Model 2 IGA jurisdiction has expired. In Part 1, line 4, and Part 2, Internal Revenue Service does not need to register unless such line 12, Limited Financial Institution is FATCA, Stop 6099 AUSC foreign branch intends to apply for status removed as a FATCA classification. Also, 3651 South IH 35 as a QI and is required to obtain a GIIN as line 9b of Part 1 (limited branches) is Austin, Texas 78741 a condition of such status. removed. A USFI seeking to act as a Lead FI Renewal of QI, WP, and WT agree If an FI or a Direct Reporting NFFE for purposes of registering its Member ments. Beginning with 2017 renewals, chooses to file a paper registration form, FIs can register to identify itself as such. QIs, WPs, and WTs will no longer renew the IRS will establish an online FATCA A Direct Reporting NFFE can register their agreements using Form 8957. account for the FI or Direct Reporting to agree to perform the due diligence and Instead, QIs, WPs, and WTs will renew NFFE and provide the FI or Direct reporting obligations required of its status their agreements using the QI/WP/WT Reporting NFFE with information on how as a Direct Reporting NFFE. Application and Account Management to access the online FATCA account to A trustee of a TrusteeDocumented System. Therefore, Part 3 (on renewals of view, manage, and edit its FATCA Trust can register to agree to perform the QI, WP, and WT agreements) and line 9c information. If the paper FATCA due diligence and reporting obligations on of Part 1 are removed. registration form is incomplete, the FI or behalf of one or more Direct Reporting NFFE will be contacted Trustee-Documented Trusts. by mail to provide additional information Future Developments necessary for the IRS to process the A Sponsored Entity should not Additional information about the registration form and establish the FI’s or ! register for itself. A Sponsored registration process may be posted at Direct Reporting NFFE's online account. CAUTION Entity must be registered by its www.irs.gov/fatca. Sponsoring Entity on the FATCA Who Is Eligible registration website. General Instructions To Register The following entities are eligible to Before Completing Purpose of Form register (on behalf of themselves and their Form 8957 Form 8957 is used by an FI or a Direct branches) for the specific purposes There are two parts and a signature line to Reporting NFFE to register itself and its described below, as well as to obtain a the FATCA registration form. An FI or branches, if any, as a participating foreign GIIN. Direct Reporting NFFE will need to financial institution (PFFI) (including a An FFI, or foreign branch of an FFI complete only the relevant parts of the Reporting FI under a Model 2 IGA), a or USFI, treated as a Reporting FI form for the particular type of registration registered deemed-compliant foreign under a Model 1 IGA can register to requested. financial institution (RDCFFI) (including a authorize one or more points of contact to Reporting FI under a Model 1 IGA), a receive information related to registration Part 1 must be completed by all FIs and sponsoring entity (Sponsoring Entity), a on the FI’s behalf. Direct Reporting NFFEs to provide basic Direct Reporting NFFE, or a trustee of a An FFI, or foreign branch of an FFI, identifying information. Trustee-Documented Trust. In connection treated as a Reporting FI under a Part 2 should be completed only by a with its FATCA registration, an FI, a U.S. Model 2 IGA can register to: Lead FI via the FATCA registration financial institution (USFI) acting as a — authorize one or more points of website. A Lead FI will identify in Part 2 Lead FI, a Sponsoring Entity, and a Direct contact to receive information related each Member FI for which it is acting as a Reporting NFFE will be issued a GIIN and to registration on the FI's behalf, and Lead FI and that is treated as a PFFI will be identified on the IRS FFI List. The — confirm that it will comply with the (including a Reporting FI under a Model 2 IRS FFI List is updated monthly to add or terms of an FFI Agreement, as IGA), RDCFFI (including a Reporting FI remove approved entities or their modified by the applicable Model 2 under a Model 1 IGA), or a Direct branches. IGA. Reporting NFFE. Additionally, for An FFI, or branch of an FFI, other purposes of registration, a Member FI may How To Register than one covered by an IGA (other include a foreign branch of a USFI that is than when registration is required registering to obtain a GIIN or to renew its Online registration. The FATCA under the applicable IGA) can register QI Agreement. registration website is a secure to: The signature line and the associated web-based system that enables FIs and Direct Reporting NFFEs to register — enter into an FFI Agreement to be checkbox must be completed by all FIs electronically from anywhere in the world treated as a PFFI, or and Direct Reporting NFFEs and requires without the need to print, complete, and — agree to meet the requirements to an FI or a Direct Reporting NFFE to certify mail paper forms. FIs and Direct Reporting be treated as an RDCFFI. that the information provided in the FATCA registration form is accurate and May 18, 2017 Cat. No. 59561K |
Page 2 of 7 Fileid: … ns/I8957/201706/A/XML/Cycle03/source 15:10 - 18-May-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. complete and that the individual signing Exempt Beneficial Owner Foreign Financial Institution (FFI) the registration form is authorized to agree that the FI or Direct Reporting NFFE Exempt Beneficial Owner means an entity A Foreign Financial Institution (FFI) means intends to comply with its FATCA described in Treasury Regulations section a Financial Institution that is not located in obligations, if applicable, in accordance 1.1471-6 as: (1) a foreign government, a the United States and includes: (1) an FFI with the status or statuses for which it has political subdivision of a foreign treated as a Reporting FI under a Model 1 registered itself or any of its branches. government, or a wholly owned agency or IGA, including foreign branches of a USFI instrumentality of any one or more of the or U.S. Territory FI, (2) an FFI treated as a Reporting FIs under a Model 1 or foregoing; (2) an international organization Reporting FI under a Model 2 IGA, and (3) Model 2 IGA: Most Reporting FIs under a or a wholly owned agency or a foreign branch of a USFI that has in Model 1 IGA are registering only to obtain instrumentality thereof; (3) a foreign effect a QI Agreement. a GIIN and to authorize one or more POCs central bank of issue; (4) a government of to receive information related to FATCA a U.S. Territory; (5) a treaty-qualified GIIN registration on behalf of the FI. Most retirement fund; (6) a broad participation Reporting FIs under a Model 2 IGA are retirement fund; (7) a narrow participation GIIN means a global intermediary registering only to obtain a GIIN, authorize retirement fund; (8) a fund formed identification number assigned to an one or more POCs to receive information pursuant to a plan similar to a section approved FI, Sponsoring Entity, related to FATCA registration on behalf of 401(a) plan; (9) an investment vehicle Sponsored Entity, or Direct Reporting the FI, and to confirm that they will comply used exclusively for retirement funds; (10) NFFE. A separate GIIN will be issued to with the terms of an FFI Agreement as a pension fund of an exempt beneficial an FI to identify each jurisdiction, including modified by the applicable Model 2 IGA. owner; or (11) an entity wholly owned by the jurisdiction of an FI's residence, in exempt beneficial owners. The term which the FI maintains a branch. A Direct A Reporting FI under a Model 1 or “Exempt Beneficial Owner” also includes Reporting NFFE will be issued only one Model 2 IGA that is operating one or more any entity treated as an exempt beneficial GIIN, irrespective of where it maintains branches not in an IGA jurisdiction is also owner pursuant to a Model 1 or Model 2 branches. agreeing to the terms of an FFI Agreement IGA. for any such branch, unless the branch is An FI, a Direct Reporting NFFE, a treated as a related branch that meets the Sponsoring Entity, or a Sponsored Entity requirements of the applicable IGA. Such Expanded Affiliated Group may use its GIIN to identify itself to related branch should not be registered. (EAG) withholding agents and tax administrators Registration Definitions An Expanded Affiliated Group (EAG) for FATCA reporting. GIINs are means one or more chains of members alphanumeric, comprised of 19 characters For detailed information about definitions with the following format: connected through ownership by a that apply for purposes of FATCA XXXXXX.XXXXX.XX.XXX. A detailed common parent entity if the common generally (Internal Revenue Code breakdown that includes the information parent entity directly owns stock or other sections 1471-1474), see Treasury on each set of characters in the GIIN can equity interests meeting the requirements Regulations section 1.1471-1. A Reporting be found at www.irs.gov/fatca-registration. of Treasury Regulations section FI under a Model 1 or Model 2 IGA should 1.1471-5(i)(4) in at least one of the other also refer to definitions that may apply members. under that agreement or apply pursuant to Lead FI any applicable domestic law pertaining to A Lead FI means a USFI, FFI, or a its FATCA obligations. FATCA ID Compliance FI that initiates the FATCA Solely for purposes of FATCA Each registering FI or Direct Reporting registration for each of its Member FIs that registration, the following definitions are NFFE will be provided a FATCA ID that is a PFFI or RDCFFI. A Lead FI is not provided to help guide FIs through the will be used for purposes of establishing required to act as a Lead FI for all Member process. and accessing the FI’s or Direct Reporting FIs within an EAG. Thus, an EAG may NFFE's online FATCA account. For all FIs include more than one Lead FI that and Direct Reporting NFFEs, other than initiates the FATCA registration for a group Compliance FI Member FIs, the FATCA ID is a randomly of its Member FIs. A Lead FI will be A Compliance FI means a PFFI, Reporting generated six-character alphanumeric provided the ability to manage the online FI under a Model 1 or Model 2 IGA, or string. For Member FIs, the FATCA ID will FATCA account for its Member FIs. If a USFI that agrees to establish and maintain be comprised of 12 characters: the first six Lead FI submits a paper Form 8957, the a consolidated compliance program and characters will be the Lead FI’s FATCA ID, IRS will create an online FATCA account to perform a consolidated periodic review followed by a period, and the last five for the Lead FI and will provide the Lead FI on behalf of one or more Member FIs that characters will be alphanumeric and with information on how to access its are part of its EAG (the compliance assigned sequentially to each Member. FATCA account, including a FATCA ID group). A Compliance FI must meet the The FATCA ID is not the same as the and temporary access code. The Lead FI requirements to register as a Lead FI, and GIIN. will then need to add each of its Member as part of that registration, it must identify FIs via the FATCA registration website. each Member FI that is included in its Financial Institution (FI) The Lead FI may complete the registration compliance group. for a Member FI or it may instruct the Financial Institution (FI) means an Member FI to do so. institution that is a depository institution, Direct Reporting NFFE custodial institution, investment entity, or A Direct Reporting NFFE is a nonfinancial insurance company (or holding company Member FI foreign entity that has elected to report its of an insurance company) that issues A Member FI means an FFI or a Direct substantial U.S. owners to the IRS cash value insurance or annuity contracts. Reporting NFFE that is registering as a pursuant to Treasury Regulations section member of an EAG that is not acting as a 1.1472-1(c)(3). Lead FI and that is registering as a PFFI, RDCFFI, or Direct Reporting NFFE. For purposes of registration, a Member FI may 2 |
Page 3 of 7 Fileid: … ns/I8957/201706/A/XML/Cycle03/source 15:10 - 18-May-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. also include a foreign branch of a USFI has in effect a QI Agreement and that is Reporting FI also includes a foreign that is treated as a Reporting FI under a also agreeing to the terms of an FFI branch of a USFI that is treated as a Model 1 IGA, or that intends to apply for Agreement, unless such branch is treated Reporting FI under the terms of a Model 1 status as a QI and is required to obtain a as a Reporting FI under a Model 1 IGA IGA that is in effect. A foreign branch of a GIIN as a condition of such status. A (see RDCFFI definition). See Rev. Proc. USFI treated as a Reporting FI under the Member FI will need to obtain its FATCA 2014-38, 2014-29 I.R.B. 131 (as updated), terms of a Model 2 IGA is not required to ID from its Lead FI and provide the FATCA for the FFI Agreement. submit a FATCA registration form to ID on the paper FATCA registration form. obtain a GIIN, unless it intends to apply for The FATCA ID is used to identify the Point of Contact (POC) status as a QI and is required to obtain a Member FI for purposes of registration GIIN as a condition of such status. and is not the same number as the GIIN. A Point of Contact (POC) is an individual authorized by the FI or Direct Reporting NFFE to receive FATCA-related Single FI Model 1 IGA information regarding the FI or Direct A Single FI means an FI that does not A Model 1 IGA means an agreement Reporting NFFE and to take other have any Member FIs and that is between the United States or the Treasury FATCA-related actions on behalf of the FI registering for PFFI or RDCFFI status for Department and a foreign government or or Direct Reporting NFFE. itself or one or more of its branches. A one or more foreign agencies to Single FI may also include a foreign implement FATCA through reporting by Qualified Intermediary (QI) branch of a USFI treated as a Reporting FI financial institutions to such foreign under a Model 1 IGA or that has in effect a government or agency thereof, followed A Qualified Intermediary (QI) means an QI Agreement. by automatic exchange of the reported entity that has entered into a qualified information with the IRS. For a list of intermediary withholding agreement (QI jurisdictions treated as having an IGA in Agreement) with the IRS. See Rev. Proc. Sponsored Direct Reporting NFFE effect, see “List of Jurisdictions” available 2014-39, 2014-29 I.R.B. 151 (as updated), A Sponsored Direct Reporting NFFE at www.treasury.gov/resource-center/tax- for the QI Agreement. means a Direct Reporting NFFE that has policy/treaties/Pages/FATCA- another entity, other than a Archive.aspx. Registered Deemed nonparticipating FFI, that agrees to act as its Sponsoring Entity. Compliant FFI (RDCFFI) Model 2 IGA A Registered Deemed Compliant FFI Sponsored Entity A Model 2 IGA means an agreement or (RDCFFI) means: (1) an FFI that is arrangement between the United States or registering to confirm that it meets the A Sponsored Entity means a Sponsored the Treasury Department and a foreign requirements to be treated as a local FFI, FFI or a Sponsored Direct Reporting government or one or more foreign nonreporting FI member of a PFFI group, NFFE. agencies to implement FATCA through qualified collective investment vehicle, reporting by financial institutions directly to restricted fund, qualified credit card issuer, Sponsored FFI the IRS in accordance with the sponsored investment entity, or A Sponsored FFI means an FFI that is an requirements of an FFI Agreement, sponsored controlled foreign corporation investment entity or a controlled foreign supplemented by the exchange of (see Treasury Regulations section corporation having a Sponsoring Entity information between such foreign 1.1471-5(f)(1)(i) for more information that will perform the due diligence, government or agency thereof and the about these categories); (2) a Reporting FI withholding, and reporting obligations on IRS. For a list of jurisdictions treated as under a Model 1 IGA and that is its behalf. having an IGA in effect, see “List of registering to obtain a GIIN; or (3) an FFI Jurisdictions” available at that is treated as a Nonreporting FI under www.treasury.gov/resource-center/tax- a Model 1 or Model 2 IGA and that is Sponsoring Entity policy/treaties/Pages/FATCA- registering pursuant to the applicable A Sponsoring Entity means an entity that Archive.aspx. Model 1 or Model 2 IGA. will perform the due diligence, withholding, and reporting obligations of one or more Nonreporting FI Related Branch Sponsored FFIs or the due diligence and reporting obligations of one or more A Nonreporting FI means an entity that is A related branch means a related branch Sponsored Direct Reporting NFFEs. established in a jurisdiction that has in of a Reporting FI under a Model 1 or effect a Model 1 or Model 2 IGA and that Model 2 IGA that is treated as a is treated as a nonreporting FI in Annex II nonparticipating FFI under Article 3(5) of TrusteeDocumented Trust of the applicable Model 1 or Model 2 IGA the Model 2 IGA (or any analogous A Trustee-Documented Trust is a trust or that is otherwise treated as a provision in an applicable Model 2 IGA) or described as such in a Model 1 IGA or a deemed-compliant FFI or an exempt Article 4(5) of the Model 1 IGA (or any Model 2 IGA. beneficial owner under Treasury analogous provision in an applicable Regulations section 1.1471-5 or 1.1471-6. Model 1 IGA) if the requirements in the applicable IGA with respect to such United States Participating FFI (PFFI) related branch are satisfied. United States means the United States of America, including the States thereof, but A Participating FFI (PFFI) means an FFI does not include the U.S. Territories. Any that: (1) is registering to agree to enter into Reporting FI Under a Model 1 or reference to a “State” of the United States an FFI Agreement, (2) is treated as a Model 2 IGA includes the District of Columbia. Reporting FI under a Model 2 IGA and that A Reporting FI under a Model 1 or Model 2 is certifying that it will comply with the IGA means an FI that is treated as a terms of an FFI Agreement, as modified by Reporting FI under the terms of a Model 1 the terms of the applicable Model 2 IGA, or Model 2 IGA that is in effect. The term or (3) is a foreign branch of a USFI that 3 |
Page 4 of 7 Fileid: … ns/I8957/201706/A/XML/Cycle03/source 15:10 - 18-May-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. U.S. Financial Institutions (USFI) Model 1 IGA (see the list of jurisdictions treated as having an IGA in effect at Specific Instructions A U.S. Financial Institution (USFI) means www.treasury.gov/resource-center/tax- an FI that is a resident of the United policy/treaties/Pages/FATCA- Part 1: Financial Institution States. Archive.aspx) should register as RDCFFIs. A disregarded entity in a Model Registration U.S. Territory 1 IGA jurisdiction must register as an A Direct Reporting NFFE may U.S. Territory means American Samoa, entity separate from its owner in order to TIP register by following the the Commonwealth of the Northern be treated as a Reporting FI under a instructions for FIs throughout Mariana Islands, Guam, the Model 1 IGA, provided that the these Specific Instructions, except where Commonwealth of Puerto Rico, or the U.S. disregarded entity is treated as a separate otherwise indicated. Virgin Islands. entity for purposes of its reporting to the applicable Model 1 jurisdiction. Line 1. Check the box applicable to your Withholding Foreign Reporting FI under a Model 2 IGA. FIs FI status as described below. Only one Partnership (WP) that are treated as Reporting FIs under a box may be checked. Model 2 IGA (see the list of jurisdictions A Single FI is an FI that has no A Withholding Foreign Partnership (WP) treated as having an IGA in effect at Member FIs, and that is registering for means a foreign partnership that has www.treasury.gov/resource-center/tax- PFFI or RDCFFI status for itself or one or entered into a withholding foreign policy/treaties/Pages/FATCA- more of its branches. A Single FI may also partnership agreement (WP Agreement) Archive.aspx) should register as PFFIs. include a foreign branch of a USFI that is with the IRS. See Rev. Proc. 2014-47, treated as a Reporting FI under a Model 1 2014-35 I.R.B. 393 (as updated), for the FFIs and Direct Reporting NFFEs that IGA or that intends to apply for status as a WP Agreement. are also Sponsoring Entities. An FFI or QI and is required to obtain a GIIN as a Direct Reporting NFFE that will also act as condition of such status. a Sponsoring Entity for one or more Withholding Foreign Trust (WT) Sponsored Entities is required to submit a A Lead FI means a USFI, FFI, or A Withholding Foreign Trust (WT) means second registration form to act as a Compliance FI that will carry out FATCA a foreign trust that has entered into a Sponsoring Entity. The Sponsoring Entity registration for each of its Member FIs that withholding foreign trust agreement (WT will receive a separate GIIN and should is a PFFI or RDCFFI. A Lead FI is not Agreement) with the IRS. See Rev. Proc. only use that GIIN when it is fulfilling its required to act as a Lead FI for all Member 2014-47, 2014-35 I.R.B. 393 (as updated), obligations as a Sponsoring Entity. FIs within an EAG. for the WT Agreement. Sponsored Entities. A Sponsored FFI A Member FI will need to obtain its and Sponsored Direct Reporting NFFE FATCA ID from its Lead FI and provide the Special Rules must be registered by their Sponsoring FATCA ID on the registration form. The Lead FI and Member FIs of an EAG. In Entity through the FATCA registration FATCA ID is used to identify the Member general, all FFIs, other than exempt website after the Sponsoring Entity’s FI for purposes of registration and is not beneficial owners or certified registration is approved. GIINs will be the same number as the GIIN. deemed-compliant FFIs, that are part of issued to each approved Sponsored Entity A Sponsoring Entity is an entity that the same EAG must be registered. For and published on the IRS FFI List. will perform the due diligence, withholding, purposes of registration, an EAG may Beginning on January 1, 2017, a and reporting obligations of one or more have more than one Lead FI and may Sponsored Entity will be required to Sponsored FFIs or the due diligence and organize itself for purposes of registration provide its own GIIN (rather than the GIIN reporting obligations of one or more into subgroups under different Lead FIs. of its Sponsoring Entity) to withholding Sponsored Direct Reporting NFFEs. A For example, an EAG of 10 FFIs may agents. trustee of a Trustee-Documented Trust should select “Sponsoring Entity” if it is decide to select two different Lead FIs, Trustees of TrusteeDocumented registering to obtain a GIIN to use when Lead FI 1 and Lead FI 2. Lead FI 1 can Trusts. A trustee of a fulfilling its obligations as a trustee of a carry out FATCA registration on behalf of Trustee-Documented Trust is generally Trustee-Documented Trust. four of its Member FIs and Lead FI 2 can required to submit a registration form to carry out FACTA registration on behalf of obtain a GIIN and should only use that A disregarded entity that is registering four of its other Member FIs. All 10 FFIs GIIN when fulfilling its obligations as a separate from its owner in order to be a within the same EAG will be registered, trustee of a Trustee-Documented Trust. In Reporting FI under a Model 1 IGA should even though they are registered under two addition, a trustee that is an FFI may need select “Single FI” or “Member FI,” as different Lead FIs. Each Lead FI must to submit a second registration form for appropriate. identify the Common Parent Entity of the use in reporting for its own accounts. Line 2. Enter the legal name of the FI. EAG in Part 2, line 13, of the Lead FI’s The legal name is the name the FI uses in registration. USFIs treated as Lead FIs. A USFI registering as the Lead FI on behalf of its official incorporation or organization Consolidated compliance program: If Member FIs will register as a Lead FI and documents, or the name otherwise an EAG has in place a consolidated be issued a GIIN. recognized by the residence jurisdiction compliance program, as described in government as the FI's official name. Treasury Regulations section 1.1471-4(f) Branches. In general, a branch must be Typically, the legal name is the name used (2)(ii), then Member FIs that elect to registered as a branch of its owner and not by the FI in legal documents. participate in the same consolidated as a separate entity. However, see compliance program should be registered Reporting FI under a Model 1 IGA, earlier, Line 3a. Enter the FI’s jurisdiction of as Member FIs by the Lead FI that is for a special rule for branches that are residence for tax purposes. The acting as the Compliance FI for the disregarded entities in Model 1 IGA jurisdiction of residence generally is the compliance group. jurisdictions. jurisdiction in which the FI is treated as a resident for income tax purposes (for Reporting FI under a Model 1 IGA. FIs example, the place of incorporation or that are treated as Reporting FIs under a place of principal management and 4 |
Page 5 of 7 Fileid: … ns/I8957/201706/A/XML/Cycle03/source 15:10 - 18-May-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. control). If the FI is a dual resident, identify Line 6. Check the appropriate box to “establish the statuses” for purposes of one of the countries where it is a tax indicate that the FI is a party to a QI, WP, this line 10, an RO must have the authority resident on this line and identify the or WT Agreement with the IRS and to act on behalf of the FI to represent the second jurisdiction of tax residence on provide the EIN that was issued to the FI FATCA status(es) of the FI to the IRS as line 8 (if the second jurisdiction is the for use in identifying itself when acting in part of the registration process. The RO United States) or line 9 (if the second tax its capacity as a QI, WP, or WT. If the FI for purposes of this line must also have residence jurisdiction is a country other enters into a QI, WP, or WT agreement the authority under local law to designate than the United States). after it submits this registration form, the FI additional POCs. The individual identified Partnerships and other flowthrough should amend its response to this as the RO on this line 10 will be the only entities. For a partnership or other question to reflect its new status as a QI, individual who will receive emails from the flow-through entity, the FI’s jurisdiction of WP, or WT and add its EIN to its IRS related to the FI's FATCA account. residence means the jurisdiction under the registration. This is done by editing the The meaning of “authority to act on laws of which the entity is organized or FI's online FATCA account. For more behalf of the FI to represent its FATCA established or, if not organized or information, see Paper registration on status” is determined based on the FI's established under the laws of any page 1. Check “Yes” or “No” to indicate status, as follows. jurisdiction, the jurisdiction where it whether the FI intends to maintain its With respect to a PFFI, an RO is an maintains its principal office. status as a QI, WP, or WT. officer of the FFI (or an officer of any Line 3b. Enter the FI's country/jurisdiction Check “Not Applicable” if the FI is not a Member FI that is a PFFI, Reporting FI tax ID. Some countries/jurisdictions may party to a QI, WP, or WT Agreement with under a Model 1 IGA, or Reporting FI use a Tax Identification Number ("TIN") to the IRS. under a Model 2 IGA) with authority to fulfill the duties of a Responsible Officer identify taxpayers. If the FI is in a Line 7. Check “Yes” if the FI maintains a described in an FFI Agreement. jurisdiction that uses TINs and the FI has a branch outside its jurisdiction of tax With respect to a PFFI that elects to be TIN, enter its TIN on this line. If the FI does residence. A branch is a unit, business, or part of a consolidated compliance not have a TIN, leave this line blank. office of an FI that is treated as a branch program, an RO is an officer of the Line 4. Check the box applicable to your under the regulatory regime of a Compliance FI with authority to fulfill the FATCA classification in your jurisdiction of jurisdiction or is otherwise regulated under duties of a Responsible Officer described tax residence. Only one box may be the laws of a jurisdiction as separate from in the FFI Agreement on behalf of each checked. other offices, units, or branches of the FI. FFI in the compliance group (regardless of FIs should treat all offices or business whether the FFI is treated as a Reporting A Sponsoring Entity, Direct Reporting units within any one jurisdiction as a single FI under a Model 1 IGA or Reporting FI NFFE, trustee of a Trustee-Documented branch. under a Model 2 IGA). Trust, a USFI registering as a Lead FI, a U.S. Territory FI, or a USFI with a foreign Sponsoring Entities, Trustees of With respect to a RDCFFI, other than branch that intends to apply for status as a Trustee-Documented Trusts, and an RDCFFI that is a Reporting FI under a QI and is required to obtain a GIIN as a Direct Reporting NFFEs. If you are Model 1 IGA, an RO is an officer of the FI condition of such status or that is treated applying as a Sponsoring Entity, trustee of (or an officer of any Member FFI that is a as a Reporting FI under a Model 1 IGA a Trustee-Documented Trust, or Direct PFFI, Reporting FI under a Model 1 IGA, must select “None of the Above.” Reporting NFFE, you do not need to or Reporting FI under a Model 2 IGA) with answer questions about your branches authority to ensure that the FFI meets the A disregarded entity that is registering and should check “No.” applicable requirements to be treated as separate from its owner in order to be a an RDCFFI. Reporting FI under a Model 1 IGA should Line 8. Check “Yes” if the FI is either a With respect to a Reporting FI under a select RDCFFI. U.S. resident or maintains a branch within Model 1 IGA, an RO is any individual the United States, and provide the EIN of specified under local law to register and Note: FIs with branches in multiple ju the FI or U.S. branch, as appropriate. obtain a GIIN on behalf of the FFI. If, risdictions. An FI (other than a Sponsoring Entity, USFI, or foreign branch Line 9. Separately identify each however, the Reporting FI under a Model of a USFI) that maintains branch jurisdiction where the FI maintains a 1 IGA operates any branches outside of a operations in multiple jurisdictions should branch outside of the United States, Model 1 IGA jurisdiction, then the RO answer this question by treating the including if the FI maintains a branch in a identified must be an individual who can operations within its country of tax U.S. Territory, other than jurisdictions satisfy the requirements under the laws of residence as if it were a branch (home where the FI maintains related branches. the Model 1 IGA jurisdiction and the office) and then classify whether such Use additional sheets to furnish the requirements relevant to the registration home office is participating or registered required information for each separate type selected for each of its non-Model 1 deemed compliant. On line 9 of the jurisdiction in which the FI maintains a IGA branches. registration form, the FI should identify the branch. With respect to a USFI that is jurisdictions (other than the United States) When a disregarded entity is required registering as a Lead FI, an RO is any where it maintains branches outside of its to register on its own behalf, discussed officer of the FI (or an officer of any jurisdiction of tax residence, other than earlier, its owner should not report the Member FI) with authority to register its jurisdictions where the FI maintains disregarded entity as a branch on this Member FIs and to manage the online related branches. If the FI maintains line 9. FATCA accounts for such members. branches in the United States, the FI With respect to a Direct Reporting should enter this information on line 8. Line 10. Provide the name, title, address, NFFE, an RO is the individual who will be and contact information of the responsible for ensuring that the Direct Line 5. Enter the mailing address of the Responsible Officer (RO) of the FI. For Reporting NFFE meets its reporting FI. The address provided will be used to purposes of line 10, RO means the person obligations as a Direct Reporting NFFE send all mail correspondence related to authorized under applicable local law to and will act as a POC with the IRS in the FI's FATCA registration, FATCA establish the statuses of the FI's home connection with its status as a Direct account, and any other related matters. office and branches as indicated on the Reporting NFFE. registration form. To have the authority to 5 |
Page 6 of 7 Fileid: … ns/I8957/201706/A/XML/Cycle03/source 15:10 - 18-May-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. With respect to a Sponsoring Entity, an entity and the POC’s affiliation with the connected through ownership by a RO is the individual who will be entity. Once the authorization is granted, it Common Parent Entity if the Common responsible for ensuring that the is effective until revoked by either the POC Parent Entity directly owns stock or other Sponsored Entity meets its obligations as or by an authorizing individual of the FI. equity interests meeting the requirements a Sponsoring Entity and who will act as a of Treasury Regulations section point of contact with the IRS in connection Part 2: Information on 1.1471-5(i)(4) in at least one of the other with its obligations as a Sponsoring Entity. members (without applying the Member FIs of an EAG constructive ownership rules of section Note. If an FI is a Lead FI, the FI’s RO will This part need not be completed by an FI 318 of the Code). Generally, only a automatically be treated as a POC for the that is a Member FI, Single FI, or corporation shall be treated as the FI and any Member FI. As a result, the RO Sponsoring Entity. Common Parent Entity of an Expanded for a Lead FI may receive correspondence Line 12. A Lead FI will be required to Affiliated Group, unless the taxpayer related to its Member FI’s FATCA provide identifying information about its elects to follow the approach described in information. Member FIs via the FATCA registration Treasury Regulations section 1.1471-5(i) The address provided should be the website. The grid in Part 2 is provided to (10). business address of the RO. The business help the Lead FI collect Member FI Line 13b. Enter the Legal Name of the address is defined as the address where information that it will need to complete Expanded Affiliated Group's Common the RO maintains his or her principal the online version of Part 2 of the FATCA Parent Entity. Also enter the FATCA ID (if office. registration form. Do not mail identifying known). If you do not know the FATCA ID Line 11a. Check “Yes” and complete information for Member FIs to the IRS on of the Common Parent Entity, leave this line 11b if the FI wants to appoint one or the paper FATCA registration form. If a blank. more POCs, other than the RO identified Lead FI submits a paper Form 8957, after 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 Signature FATCA-related information regarding the access code to access its online account The individual signing the registration form FI and to take other FATCA-related and to complete Part 2 of the FATCA on behalf of the FI should check the box, actions on behalf of the FI. While the POC registration form for each of its Member enter his or her name in the space must be an individual, the POC does not FIs. In order to complete Part 2, the Lead provided, and then sign on the signature need to be an employee of the FI. FI will need to know the Member FI’s legal line at the bottom. The form will not be name, jurisdiction of tax residence, and processed if the name of the individual or Check “No” if the FI wants the IRS to member type. A Lead FI that is registering the signature is missing. send correspondence only to the RO a Member FI that is a USFI with foreign For purposes of the signature line and identified on line 10. branches or a Member FI that is a Direct the associated checkbox, the term “RO” By listing one or more POCs on Reporting NFFE should enter “None of the means the individual with authority under line 11b and checking the “Yes” box on Above” for such entity. local law to submit the information line 11a, the individual identified in the The jurisdiction of residence of a provided on behalf of the FI. In the case of checkbox on line 11b is providing the IRS Member FI generally is the jurisdiction in FIs or FI branches not governed by a with written authorization to release the which the Member FI is treated as a Model 1 IGA, this individual must also FI’s FATCA information to the POC. resident for income tax purposes (for have authority under local law to certify Line 11b. For purposes of line 11b, the example, the place of incorporation or that the FI meets the requirements term “RO” means an individual who is place of principal management and applicable to the FI status or statuses authorized under local law to consent on control). If the Member FI is a dual identified on the registration form. The behalf of the FI (an “authorizing resident, identify one of the jurisdictions individual must be able to certify, to the individual”) to the disclosure of where it is a tax resident in this question. best of his or her knowledge, that the FATCA-related tax information to third The second jurisdiction should be information provided in the FI's registration parties. This individual may be the same identified as a branch jurisdiction in the is accurate and complete. as the individual identified as the RO on Member FI’s online FATCA account. For a In the case of an FI, the individual must line 10. By listing one or more POCs on Member FI that is a partnership or other be able to certify that the FI meets the line 11b and checking the “Yes” box on flow-through entity, the Member FI’s requirements applicable to the status(es) line 11a, the authorizing individual jurisdiction of residence means the identified in the FI's registration. However, identified at the end of line 11b (to the right jurisdiction under the laws of which the a Reporting FI under a Model 1 IGA that of the checkbox) is providing the IRS with entity is organized or established or, if not has branches (as identified in Part 1, written authorization to release the FI’s organized or established under the laws of line 9) that are located outside of a Model FATCA information to the POC. This any jurisdiction, the jurisdiction where it 1 IGA jurisdiction will also agree to the authorization specifically includes maintains its principal office. terms applicable to the statuses of such authorization for the POC to complete the For more information on how to branches. FATCA registration (except for the complete information for a Member FI via signature line and the associated the FATCA registration website, see the In the case of a Direct Reporting NFFE, checkbox), to take other FATCA-related online user guide available at the individual must be able to certify that actions, and to obtain access to the FI's www.irs.gov/fatca-registration. the Direct Reporting NFFE meets the tax information. If a third-party adviser that requirements of a Direct Reporting NFFE is an entity is retained to help the FI Line 13a. If the FI is the Common Parent under Treasury Regulations section complete its FATCA registration process, Entity of the Expanded Affiliated Group, 1.1472-1(c)(3). the name of the third-party individual check "Yes" and go to Signature line. adviser that will help complete the FATCA Otherwise, check "No" and complete An RO (as defined for purposes of the registration process should be entered as line 13b. An Expanded Affiliated Group is signature line and the associated a POC on line 11b, and the “Business generally defined in accordance with the checkbox) can delegate authorization to Title” field for that individual POC should principles of section 1504(a) of the Code complete the signature line and the be completed by inserting the name of the to mean one or more chains of members associated checkbox by signing a Form 2848, Power of Attorney Form and 6 |
Page 7 of 7 Fileid: … ns/I8957/201706/A/XML/Cycle03/source 15:10 - 18-May-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Declaration of Representative, or other the information. We need it to ensure that If you have comments concerning the similar form or document (including an you are complying with these laws and to accuracy of these time estimates or applicable form or document under local allow us to figure and collect the right suggestions for making this form simpler, law giving the agent the authorization to amount of tax. we would be happy to hear from you. You provide the information required for the You are not required to provide the can send us comments from www.irs.gov/ FATCA registration). information requested on a form that is formspubs. Click on “More Information” The RO identified in the signature line subject to the Paperwork Reduction Act and then on “Give us feedback.” Or you and the associated checkbox need not be unless the form displays a valid OMB can write to Internal Revenue Service, Tax the same individual identified as the RO control number. Books or records relating Forms and Publications, 1111 Constitution on line 10 or line 11b. to a form or its instructions must be Ave. NW, IR-6526, Washington, DC By signing the registration form, the retained as long as their contents may 20224. Do not send the registration form individual certifies that, to the best of his or become material in the administration of to this office. Instead, see How To her knowledge, the information submitted any Internal Revenue law. Generally, tax Register, earlier. above is accurate and complete and that returns and return information are the individual is authorized to agree that confidential, as required by section 6103. the FI or Direct Reporting NFFE intends to The time needed to complete and file comply with its FATCA obligations. this form will vary depending on individual circumstances. The estimated average Paperwork Reduction Act Notice. We time is: ask for the information on this form to carry out the Internal Revenue laws of the Recordkeeping. . . . . . . 7 hr., 24 min. United States. You are required to give us Learning about the law or the form. . . . . . . . . . 18 min. Preparing and sending the form to the IRS . . . . 25 min. 7 |