Enlarge image | Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ions/i8966/2023/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 13 16:00 - 13-Sep-2023 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 2023 Instructions for Form 8966 FATCA Report Contents Page requirement that the related entity or branch reports U.S. General Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 1 accounts to the IRS to the extent permitted. A related Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 entity or branch of a Reporting Model 2 FFI filing Form Summary of Chapter 4 and Related Matters . . . . . 1 8966 should select the filer category code for limited branch or limited FFI on line 1b of Part I. Purpose of Form . . . . . . . . . . . . . . . . . . . . . . . . . 2 Who Must File . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Reporting Model 2 FFIs reporting on non-consenting When, How, and Where To File . . . . . . . . . . . . . . 3 U.S. accounts. If a Reporting Model 2 FFI is reporting a preexisting account that is a non-consenting U.S. account, Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 the Reporting Model 2 FFI should use the pooled Accounts and Withholdable Payments reporting category for recalcitrant account holders that are Required To Be Reported . . . . . . . . . . . . . . . . 6 U.S. persons or recalcitrant account holders with U.S. Specific Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 7 indicia (as appropriate). If a Reporting Model 2 FFI is Before You Begin . . . . . . . . . . . . . . . . . . . . . . . . 7 reporting a new individual account that has a change in Part I—Identification of Filer . . . . . . . . . . . . . . . . . 9 circumstances that causes the Reporting Model 2 FFI to Part II—Account Holder or Payee Information . . . 10 know or have reason to know that the original self-certification is incorrect or unreliable and the Part III—Owner Information (File a Separate Reporting Model 2 FFI is unable to obtain a valid Report for Each U.S. Owner That Is a Specified U.S. Person) . . . . . . . . . . . . . . . . . 11 self-certification establishing whether the account holder is a U.S. citizen or resident, the Reporting Model 2 FFI Part IV—Financial Information . . . . . . . . . . . . . . 11 should use the pooled reporting category for recalcitrant Part V—Pooled Reporting Type . . . . . . . . . . . . . 12 account holders with U.S. indicia. Section references are to the Internal Revenue Code U.S. branches. On line 1b of Part I, all U.S. branches of unless otherwise noted. an FFI not treated as U.S. persons should select the filer category code for PFFIs (code 01). All U.S. branches that Future Developments are treated as U.S. persons should select the filer For the latest information about developments related to category code for withholding agents (code 10). Form 8966 or its instructions, such as legislation enacted after they were published, go to IRS.gov/Form8966. Summary of Chapter 4 and Related Matters General Instructions Under chapter 4 of the Internal Revenue Code (Code) (sections 1471–1474 and Treasury Regulations Reminders (Regulations), commonly referred to as the Foreign Account Tax Compliance Act or FATCA), a withholding Identifying numbers for paper Forms 8966. Beginning agent is generally required to deduct and withhold tax in 2018, the unique identifying number must be entered in equal to 30% of a withholdable payment made to a foreign the “Identifier” box provided at the top of the form. If the financial institution (FFI) unless the FFI has entered into filer is submitting an amended, corrected, or voided Form an FFI agreement with the IRS to be treated as a 8966, it must continue to include the same unique participating FFI (PFFI). Pursuant to the FFI agreement, a identifying number that was reported on the original Form PFFI agrees to satisfy, among other things, certain 8966 that is being amended, corrected, or voided. reporting obligations for each calendar year concerning its Reporting on accounts held by nonparticipating For- U.S. accounts, accounts held by owner-documented FFIs eign Financial Institutions (FFIs). For 2017 and (ODFFI), and certain aggregate information concerning subsequent years, participating FFIs (PFFIs) (including accounts held by recalcitrant account holders. An FFI may Reporting Model 2 FFIs) are not required to report an also be excepted from chapter 4 withholding if it is account held by a nonparticipating FFI in Part II or Part V. deemed to comply with the provisions of section 1471(b) Therefore, PFFIs (including Reporting Model 2 FFIs) under Regulations section 1.1471-5(f) or is otherwise should not check the box for “nonparticipating FFI” on exempt from withholding if it is an exempt beneficial owner line 5 of Part II, should not check the pooled reporting type for chapter 4 purposes under Regulations section “nonparticipating FFI” on line 1 of Part V, and should not 1.1471-6. Chapter 4 also requires a withholding agent to complete line 3 of Part V. deduct and withhold tax equal to 30% of a withholdable Reporting Model 2 FFI related entities or branches. payment made to a passive non-financial foreign entity Reporting Model 2 FFIs may have related entities or (NFFE) unless the passive NFFE certifies to the branches provided that the conditions in the Model 2 withholding agent that it does not have any substantial intergovernmental agreement (IGA) are met, including the U.S. owners or provides certain identifying information Sep 13, 2023 Cat. No. 59612Q |
Enlarge image | Page 2 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. with respect to its substantial U.S. owners. A withholding applicable RDCFFI status. See Regulations section agent is also required to report information about 1.1471-5(f)(1)(i) or an applicable Model 2 IGA. substantial U.S. owners of a passive NFFE and specified • Related entity or branch described in an applicable U.S. persons holding certain equity or debt interests in a Model 2 IGA. A related entity or branch described in an payee that the withholding agent has agreed to treat as an applicable Model 2 IGA must file Form 8966 to report a ODFFI. U.S account to the extent permitted under the relevant laws pertaining to the branch or FFI. To facilitate FATCA implementation for FFIs operating in • Reporting Model 2 FFI. A Reporting Model 2 FFI must jurisdictions with laws that would prevent the FFIs from file Form 8966 to report information with respect to U.S. complying with the terms of the FFI agreement, the accounts, accounts held by ODFFIs, and non-consenting Treasury Department developed two alternative model U.S. accounts (based on the pools described in the intergovernmental agreements (IGAs) (Model 1 IGA and instructions for Reporting Model 2 FFIs in Part V). Model 2 IGA) that would allow FFIs operating in such • Qualified Intermediary (QI), Withholding Foreign jurisdictions to perform due diligence and reporting on Partnership (WP), or Withholding Foreign Trust (WT). their account holders to achieve the objectives of FATCA. A QI, WP, or WT must file Form 8966 to report on its FFIs reporting under a Model 1 IGA (Reporting Model 1 accounts, partners, beneficiaries, or owners, as applicable FFIs) report certain information about their U.S. reportable and as provided in its QI, WP, or WT agreement. accounts and certain payees as required under the • Direct Reporting NFFE. A Direct Reporting NFFE applicable IGA to their respective tax authorities. must file Form 8966 to report its substantial U.S. owners Reporting Model 1 FFIs do not file Form 8966 directly to or report that it has none. See Regulations section the IRS. FFIs reporting under a Model 2 IGA (Reporting 1.1472-1(c)(3). Model 2 FFIs) report directly to the IRS on Form 8966 • Sponsoring Entity. A Sponsoring Entity must file Form certain information about their U.S. accounts and certain 8966 to report an account of an FFI or a substantial U.S. aggregate information concerning account holders who do owner of a passive NFFE that it has agreed to treat as a not waive legal restrictions for the FFI to report this Sponsored FFI or a Sponsored Direct Reporting NFFE. information (non-consenting U.S. accounts). See Regulations section 1.1471-4(d)(2)(ii)(C) regarding Trustee-Documented Trusts subject to a Model 2 IGA are the reporting required of a Sponsoring Entity acting on reported by the trustee of the Trustee-Documented Trust. behalf of a Sponsored FFI. See Regulations section Purpose of Form 1.1472-1(c)(5) regarding the reporting required of a Sponsoring Entity acting on behalf of a Sponsored Direct Form 8966 is required to be filed by filers listed under Who Reporting NFFE. Must File, later, to report information with respect to certain U.S. accounts, substantial U.S. owners of passive Sponsored FFIs and Sponsored Direct Reporting NFFEs, specified U.S. persons that own certain debt or TIP NFFEs do not need to file Form 8966 if a equity interests in ODFFIs, and certain other accounts as Sponsoring Entity is reporting on its behalf. applicable based on the filer’s chapter 4 status. Unless Trustee-Documented Trust. A trustee of a • otherwise indicated, Reporting Model 2 FFIs should Trustee-Documented Trust reports on Form 8966 all submit Form 8966 to report on its accounts consistent with information required to be reported under an applicable instructions for PFFIs. IGA as if it were a Reporting Model 2 FFI with respect to Note. A separate Form 8966 must be filed for each each U.S. account maintained by the substantial U.S. owner of a passive NFFE and each Trustee-Documented Trust. specified U.S. person owning certain equity or debt Special Rules for Certain Form 8966 Filers interests in an ODFFI, and for each group of accounts of an FFI for which pooled reporting is permitted as • Withholding agents. A withholding agent that is not an described in Part V. FFI and that makes a withholdable payment to a passive NFFE with a substantial U.S. owner (either directly or Who Must File indirectly through a flow-through entity that is also a Except as otherwise provided in these instructions, you passive NFFE) if the first-mentioned NFFE is the are required to file Form 8966 if you are one of the beneficial owner of the payment, or a withholding agent following persons. that is a designated withholding agent and that makes a • PFFI. A PFFI must file Form 8966 to report information withholdable payment to an ODFFI with a specified U.S. with respect to U.S. accounts, accounts held by ODFFIs, person owning certain equity or debt interests in the and accounts held by recalcitrant account holders (based ODFFI must report such substantial U.S. owners or on the pools described in Part V). specified U.S. persons on Form 8966. • U.S. branch of an FFI not treated as a U.S. person. A U.S. payor (other than a U.S. branch) that is a PFFI A U.S. branch of an FFI that is not treated as a U.S. (including a Reporting Model 2 FFI) or RDCFFI is not person is subject to the same Form 8966 reporting required to file Form 8966 to report an account if it reports requirements as a PFFI. See Regulations section payments to the account holder on Form 1099 to the 1.1471-4(d)(2)(iii)(C). extent specified in Regulations section 1.1471-4(d)(2)(iii) • Registered deemed-compliant FFI (RDCFFI). An (A). With respect to an account held by a passive NFFE RDCFFI must file Form 8966 to report a U.S. account for with a substantial U.S. owner or an account held by an FFI which it has reporting obligations as a condition of its that the PFFI (including a Reporting Model 2 FFI) has agreed to treat as an ODFFI, the PFFI (including a -2- Instructions for Form 8966 (2023) |
Enlarge image | Page 3 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Reporting Model 2 FFI) or RDCFFI that elects reporting on Regulations section 1.1471-4T(d)(2)(ii)(G)(1) through (4) Form 1099 must still file Form 8966 to report such are satisfied. accounts. When, How, and Where To File A withholding agent that is a U.S. payor reporting When to file. Form 8966 is required to be filed for the ! payments to U.S. non-exempt recipients must CAUTION report these payments on the appropriate Form 2023 calendar year on or before March 31, 2024. A 1099 to the extent required under chapter 61. You do not Reporting Model 2 FFI must file Form 8966 on the same need to file Form 8966 to report these payments. filing dates that apply to a PFFI, unless a different reporting date is specified in an applicable Model 2 IGA. An FFI other than a PFFI, Reporting Model 2 FFI, Note. If the due date falls on a weekend or on a U.S. legal CAUTION may still be required to report a payment under ! or RDCFFI that is not required to file Form 8966 holiday, the due date will be the next business day. chapter 61. Extension of time to file. An automatic 90-day extension of time to file Form 8966 may be requested. To Form 8966 is not used to report any tax withheld request an automatic 90-day extension of time to file TIP under chapter 4 to the IRS. A withholding agent Forms 8966, file Form 8809-I. See the Instructions for may, in addition to Form 8966, also have to file Form 8809-I for where to file that form. You should request Form 1042, Annual Withholding Tax Return for U.S. an extension as soon as you are aware that an extension Source Income of Foreign Persons, and Form 1042-S, is necessary, but no later than the due date for filing Forms Foreign Person’s U.S. Source Income Subject to 8966. No extension of time to file is permitted for Forms Withholding, to report any tax withheld under chapter 4. 8966 filed by a Reporting Model 2 FFI to report a For further information, see Forms 1042, 1042-S, and their non-consenting U.S. account. A Reporting Model 2 FFI instructions. should refer to the applicable Model 2 IGA for the due • PFFI (including a Reporting Model 2 FFI) or dates for those filings. RDCFFI electing chapter 61 reporting. A PFFI Under certain hardship conditions, the IRS may grant (including a Reporting Model 2 FFI) or RDCFFI that elects an additional 90-day extension to file Form 8966. See to perform chapter 61 reporting to satisfy its chapter 4 Regulations section 1.1471-4(d)(3)(vii). To request an reporting requirements for certain accounts is not required additional 90-day extension of time to file Form 8966, file a to report on Form 8966 with respect to such an account second Form 8809-I before the end of the initial extended that is held by a specified U.S. person. Instead, the PFFI due date. See the Instructions for Form 8809-I for more (including a Reporting Model 2 FFI) or RDCFFI shall information on the requirements for requesting an report such account on Form 1099. See Regulations additional extension for filing Form 8966. section 1.1471-4(d)(5). With respect to an account held by Each branch requesting an automatic or additional a passive NFFE with a substantial U.S. owner or an extension must file a separate Form 8809-I. account held by an FFI that the PFFI (including a Reporting Model 2 FFI) or RDCFFI has agreed to treat as Electronic filing requirement. An entity that is a an ODFFI, the PFFI (including a Reporting Model 2 FFI) or financial institution is required to file Form 8966 RDCFFI that elects reporting under chapter 61 must still electronically, irrespective of the number of Forms 8966 file Form 8966 to report such accounts. filed. All other filers are strongly encouraged to • U.S. branch that is treated as a U.S. person. A U.S. electronically file Forms 8966. To request a waiver from branch that is treated as a U.S. person must file Form the required filing of Forms 8966 electronically, submit 8966 in the same manner as a withholding agent (see Form 8508-I. Waiver requests should be filed at least 45 earlier). See Regulations sections 1.1471-1(b)(135) and days before the due date of the returns. See the 1.1441-1(b)(2)(iv). instructions for Form 8508-I for where to file and additional • Territory Financial Institution that is treated as a information. U.S. person. A Territory Financial Institution that is a How to file electronically. Those filing electronically flow-through entity or that acts as an intermediary with should refer to Pub. 5124 for instructions on how to respect to a withholdable payment and that agrees to be populate the fields for the electronic Form 8966. These treated as a U.S. person must file Form 8966 in the same instructions can generally be used to supplement Pub. manner as a withholding agent (see earlier). See 5124. Information on how to submit the Form 8966 Regulations sections 1.1471-1(b)(131) and 1.1471-2(a)(2) electronically to the IRS is provided in Pub. 5190 and Pub. (iv). 5188. Combined Reporting Following a Merger or Bulk If you are required to file electronically but fail to do so, Acquisition of Accounts and you do not have an approved waiver on record, penalties under sections 6721 through 6724 may apply. If a PFFI (including a Reporting Model 2 FFI) (successor) acquires accounts of another PFFI (including a Reporting Where to file paper Form 8966. If you have received a Model 2 FFI) (predecessor) in a merger or bulk acquisition waiver of the Form 8966 electronic filing requirement from of accounts, the successor may assume the the IRS or are not otherwise required to file Form 8966 predecessor’s obligations to report the acquired accounts electronically, you may send all paper Forms 8966, along on Form 8966 for the calendar year in which the merger or with Form 8966-C, Cover Sheet for Form 8966 Paper acquisition occurs, provided the requirements in Submissions, to the following address. Instructions for Form 8966 (2023) -3- |
Enlarge image | Page 4 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Internal Revenue Service Excepted NFFEs. Excepted NFFEs include NFFEs that FATCA, Stop 6052 AUSC are QIs, WPs, and WTs, certain publicly traded 3651 South IH 35 corporations (including certain affiliates of such Austin, Texas 78741 corporations), certain territory entities, active NFFEs, excepted nonfinancial entities, Direct Reporting NFFEs, More information and updates to Form 8966. For and Sponsored Direct Reporting NFFEs as described in information about FATCA, including updates to Form 8966 Regulations section 1.1472-1(c)(1). and its instructions, as well as answers to Frequently Exempt beneficial owner. An exempt beneficial owner Asked Questions, go to IRS.gov/FATCA. is any person described in Regulations section Definitions 1.1471-6(b) through (g) and includes any person treated as an exempt beneficial owner under an applicable Model For detailed information about definitions that apply for 1 IGA or Model 2 IGA. purposes of FATCA generally, see Regulations section 1.1471-1(b). A Reporting Model 1 FFI or Reporting Model Financial institution (FI). An FI is any institution that is a 2 FFI should also refer to definitions that may apply under depository institution, custodial institution, investment an applicable IGA or apply pursuant to any applicable entity, insurance company (or holding company of an domestic law pertaining to its FATCA obligations. Solely insurance company) that issues cash value insurance or for purposes of filing this Form 8966, the following annuity contracts, or a holding company or treasury center definitions are provided to help guide filers through the that is part of an expanded affiliated group of certain FFIs, process. and includes a financial institution as defined under an applicable Model 1 IGA or Model 2 IGA. See Regulations Account/financial account. An account or financial section 1.1471-5(e)(1). account means a financial account described in Regulations section 1.1471-5(b). Foreign financial institution (FFI). Except as otherwise provided for certain foreign branches of a U.S. financial Account holder. An account holder is the person who institution or Territory Financial Institution, an FFI means a holds a financial account, as determined under financial institution that is a foreign entity. The term foreign Regulations section 1.1471-5(a)(3). financial institution also includes a foreign branch of a U.S. Account maintained by a PFFI or Reporting Model 2 financial institution with a QI Agreement in effect. FFI. An account maintained by a PFFI or Reporting Model Foreign reportable amount. The term “foreign 2 FFI means an account that a PFFI or Reporting Model 2 reportable amount” means the aggregate amount of FFI is treated as maintaining under Regulations section foreign source payments described in Regulations section 1.1471-5(b)(5). 1.1471-4(d)(4)(iv). Branch. A branch means a unit, business, or office of a Global intermediary identification number (GIIN). A financial institution that is treated as a branch under the GIIN is a number assigned to a PFFI, Reporting Model 1 regulatory regime of a country or that is otherwise FFI, Reporting Model 2 FFI, RDCFFI, and certain other regulated under the laws of a country as separate from registering entities (for example, a Direct Reporting other offices, units, or branches of the financial institution, NFFE). A separate GIIN will be issued to the FFI to and includes a disregarded entity of a financial institution. identify, among other things, each jurisdiction where the A branch includes units, businesses, and offices of a FFI maintains a branch not treated as a limited branch. A financial institution located in the country (or jurisdiction) Direct Reporting NFFE will be issued only one GIIN, in which the financial institution is a resident as well as irrespective of where it maintains branches. units, businesses, and offices of a financial institution located in the country in which the financial institution is Model 1 IGA. A Model 1 IGA means an agreement created or organized. All units, businesses, or offices of a between the United States or the Treasury Department PFFI located in a single country (or jurisdiction), including and a foreign government or one or more foreign agencies all disregarded entities located in such single country (or to implement FATCA through reporting by financial jurisdiction), must be treated as a single branch. institutions to such foreign government or agency thereof, followed by automatic exchange of the reported Branch that maintains an account. A branch, information with the IRS. For a list of jurisdictions treated including a disregarded entity, maintains an account if the as having an IGA in effect, see Treasury.gov/Policy-Issues/ rights and obligations of the account holder and the FFI Tax-Policy/Foreign-Account-Tax-Compliance-Act. with regard to such account (including any assets held in the account) are governed by the laws of the country of Model 2 IGA. A Model 2 IGA means an agreement or the branch or disregarded entity. arrangement between the United States or the Treasury Department and a foreign government or one or more Direct Reporting NFFE. A Direct Reporting NFFE is an foreign agencies to implement FATCA through reporting NFFE that has elected to report its substantial U.S. by financial institutions directly to the IRS in accordance owners to the IRS pursuant to Regulations section with the requirements of the FFI agreement, as modified 1.1472-1(c)(3). by an applicable Model 2 IGA, supplemented by the Deemed-compliant FFI. A deemed-compliant FFI exchange of information between such foreign means an FFI that is treated, pursuant to section 1471(b) government or agency thereof and the IRS. For a list of (2) and Regulations section 1.1471-5(f), as meeting the jurisdictions treated as having an IGA in effect, see requirements of section 1471(b). -4- Instructions for Form 8966 (2023) |
Enlarge image | Page 5 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Treasury.gov/Policy-Issues/Tax-Policy/Foreign-Account- that is an FFI) of a PFFI or registered deemed-compliant Tax-Compliance-Act. FFI that has failed to provide the FFI maintaining its account with the information required under Regulations Non-consenting U.S. account. For purposes of a section 1.1471-5(g). Reporting Model 2 FFI, a non-consenting U.S. account shall have the meaning that it has under an applicable Registered deemed-compliant FFI (RDCFFI). A Model 2 IGA. registered deemed-compliant FFI is an FFI described in Regulations section 1.1471-5(f)(1), and includes a Non-financial foreign entity (NFFE). A non-financial Reporting Model 1 FFI, a QI branch of a U.S. financial foreign entity (NFFE) is a foreign entity that is not a institution that is a Reporting Model 1 FFI, and a financial institution. An NFFE includes a territory NFFE as nonreporting FI treated as a registered deemed-compliant defined in Regulations section 1.1471-1(b)(132) and a FFI under a Model 2 IGA. foreign entity treated as an NFFE pursuant to a Model 1 IGA or Model 2 IGA. Related entity or branch of a Reporting Model 2 FFI. A related entity or branch of a Reporting Model 2 FFI is an Nonparticipating FFI. A nonparticipating FFI is an FFI entity or branch treated as a nonparticipating FFI under other than a PFFI, a deemed-compliant FFI, or an exempt Article 3(5) of the Model 2 IGA (or any analogous beneficial owner. provision in an applicable Model 2 IGA). Nonreporting FI. A nonreporting FI means an entity that Reporting Model 1 FFI. A Reporting Model 1 FFI is an is resident in or established in a jurisdiction that has in FI, including a foreign branch of a U.S. financial institution, effect a Model 1 IGA or Model 2 IGA and that is treated as treated as a reporting financial institution under a Model 1 a nonreporting FI in Annex II of the applicable Model 1 IGA. IGA or Model 2 IGA or that is otherwise treated as a deemed-compliant FFI or an exempt beneficial owner Reporting Model 2 FFI. A Reporting Model 2 FFI is an FI under Regulations sections 1.1471-5 or 1.1471-6. or branch of an FI treated as a reporting financial institution under a Model 2 IGA. Owner-documented FFI (ODFFI). An ODFFI is an FFI described in Regulations section 1.1471-5(f)(3). Specified U.S. person. A specified U.S. person is any U.S. person described in Regulations section 1.1473-1(c). Participating FFI (PFFI). A PFFI is an FFI that has agreed to comply with the requirements of an FFI Sponsored Direct Reporting NFFE. A Sponsored agreement with respect to all branches of the FFI, other Direct Reporting NFFE is a Direct Reporting NFFE that than a branch that is a reporting Model 1 FFI or a U.S. has a Sponsoring Entity perform due diligence and branch. The term PFFI also includes an FFI or branch of reporting requirements on behalf of the Sponsored Direct an FFI described in a Model 2 IGA that has agreed to Reporting NFFE as described in Regulations section comply with the requirements of an FFI agreement with 1.1472-1(c)(5). respect to a branch, and a QI branch of a U.S. financial Sponsored FFI. A Sponsored FFI is an FFI that is an institution, unless such branch is a reporting Model 1 FFI. investment entity, a controlled foreign corporation, or a Passive NFFE. A passive NFFE is an NFFE that is not an closely held investment vehicle that has a Sponsoring excepted NFFE. With respect to a Reporting Model 2 FFI Entity that performs certain due diligence, withholding, filing this Form 8966 to report its accounts and payees, a and reporting obligations on behalf of the Sponsored FFI. passive NFFE is an NFFE that is not an active NFFE (as Sponsoring Entity. A Sponsoring Entity is an entity that defined in the applicable Model 2 IGA). has registered with the IRS to perform the due diligence, Pooled reporting. For purposes of this form, a PFFI is withholding, and reporting obligations of one or more permitted to report recalcitrant account holders (or, with Sponsored FFIs or Sponsored Direct Reporting NFFEs. respect to a Reporting Model 2 FFI, non-consenting U.S. Substantial U.S. owner. A substantial U.S. owner is a accounts) on an aggregate basis in a reporting pool rather specified U.S. person described in Regulations section than report specific account holder information. With 1.1473-1(b). For purposes of filing this form, a Reporting respect to recalcitrant account holders, a reporting pool Model 2 FFI reporting an account held by a passive NFFE consists of account holders that fall within a particular type should substitute the term “controlling person that is a described in Regulations section 1.1471-4(d)(6). With specified U.S. person” for “substantial U.S. owner” and respect to non-consenting U.S. accounts, see Accounts refer to the applicable Model 2 IGA for the definition of and Withholdable Payments Required To Be Reported for controlling person. A territory NFFE that is not an which pooled reporting is permitted, later. excepted NFFE determines its substantial U.S. owners by Qualified Intermediary (QI), Withholding Foreign applying the 10% threshold in Regulations section Partnership (WP), Withholding Foreign Trust (WT). A 1.1473-1(b)(1). QI is a foreign entity (or foreign branch of a U.S. financial Territory Financial Institution. A Territory Financial institution) that has in effect a QI agreement with the IRS. Institution is a financial institution that is incorporated or A WP is a foreign partnership that has in effect a organized under the laws of any U.S. territory, excluding a withholding foreign partnership agreement with the IRS. A territory entity that is a financial institution only because it WT is a foreign trust that has in effect a withholding foreign is an investment entity. trust agreement with the IRS. Territory Financial Institution treated as a U.S. per- Recalcitrant account holder. A recalcitrant account son. A Territory Financial Institution treated as a U.S. holder is an account holder (other than an account holder Instructions for Form 8966 (2023) -5- |
Enlarge image | Page 6 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. person means a Territory Financial Institution treated as a including depository accounts, custodial accounts, equity U.S. person under Regulations section 1.1471-3(a)(3)(iv). or debt interests in certain types of financial institutions, and certain cash value insurance or annuity contracts. Trustee-Documented Trust. A Trustee-Documented Exceptions are provided, including for individual deposit Trust is a trust described as such in a Model 1 IGA or accounts with a balance or value less than $50,000 Model 2 IGA. (unless an election is made to forego the exception) and U.S. account. A U.S. account is any account held by one for certain retirement and other accounts. See or more specified U.S. persons. A U.S. account also Regulations sections 1.1471-5(a)(4) and 1.1471-5(b)(2). includes any account held by a passive NFFE that has Also see Regulations section 1.1471-5(a)(3) concerning one or more substantial U.S. owners, or in the case of a who is considered the account holder where the listed Reporting Model 2 FFI, any account held by a passive holders are certain trusts or agents, or when an account is NFFE that has one or more controlling persons that are jointly held. specified U.S. persons. See Regulations section • Account held by an ODFFI as defined in Regulations 1.1471-5(a) and an applicable Model 2 IGA. section 1.1471-5(f)(3). File a separate Form 8966 to report U.S. branch treated as a U.S. person. A U.S. branch for each specified U.S. person that owns certain equity or treated as a U.S. person is a U.S. branch that is treated as debt interests in the ODFFI described in Regulations a U.S. person under Regulations section 1.1441-1(b)(2) sections 1.1471-3(d)(6)(iv)(A)(1) and (2) and 1.1471-4(d) (iv)(A). (2)(iii)(D) (excluding certain indirect owners described in Regulations section 1.1471-5(f)(3)(ii)(E)). Withholding agent. With respect to a withholdable • Account maintained by a Trustee-Documented Trust payment, a withholding agent is a person described in that is a nonreporting Model 2 FFI as defined in the Regulations section 1.1473-1(d). applicable Model 2 IGA. The trustee files a Form 8966 to Withholdable payment. A withholdable payment is a report each U.S. account (within the meaning of the Model payment described in Regulations section 1.1473-1(a). 2 IGA) of the Trustee-Documented Trust. • Account held by a Territory Financial Institution not Accounts and Withholdable Payments treated as a U.S. person. File a separate Form 8966 with respect to each specified U.S. person or substantial U.S. Required To Be Reported owner of a passive NFFE for which the Territory Financial Accounts to be reported. A PFFI, Reporting Model 2 Institution acts as an intermediary or is a flow-through FFI, or RDCFFI required to report as if it is a PFFI must file entity and provides the PFFI (including a Reporting Model a separate Form 8966 annually for each account required 2 FFI) with the information and documentation required to be reported, or for each group of accounts for which under Regulations section 1.1471-3(c)(3)(iii)(G). See pooled reporting is permitted, in accordance with the FFI Regulations section 1.1471-4(d)(2)(ii)(B)(2). agreement and Regulations section 1.1471-4(d). Such an • Accounts for which pooled reporting is permitted. PFFIs FFI must report with respect to accounts required to be may report accounts held by the following persons on a reported that are maintained at any time during each Form 8966 by pooled reporting type: recalcitrant account calendar year. This includes accounts that the FFI is holders with U.S. indicia, recalcitrant account holders required to treat as U.S. accounts or accounts held by without U.S. indicia, recalcitrant account holders that are ODFFIs, including accounts that are identified as U.S. U.S. persons, recalcitrant account holders that are passive accounts following a change in circumstances during such NFFEs, and recalcitrant account holders of dormant year or due to the expiration during such year of the time accounts. See Regulations section 1.1471-4(d)(6). A period provided in the applicable due diligence Reporting Model 2 FFI, under the terms of the Model 2 procedures for documenting the account holder. Such an IGA, is required to report certain aggregate information FFI must also report accounts that are treated as held by regarding accounts it is required to treat as recalcitrant account holders at the end of the calendar non-consenting U.S. accounts on Form 8966. If a year. If an account holder rolls over the amounts in one Reporting Model 2 FFI is reporting a preexisting account account into another account (of the same or different that is a non-consenting U.S. account, the Reporting type) with the same FFI during the calendar year, do not Model 2 FFI should use the pooled reporting category for report the account twice. Form 8966 reporting is required recalcitrant account holders that are U.S. persons or for the following accounts. recalcitrant account holders with U.S. indicia (if the • U.S. account maintained by a PFFI, Reporting Model 2 Reporting Model 2 FFI treats the account as a U.S. FFI, or RDCFFI required to report as if it is a PFFI that is account based on U.S. indicia as permitted under Annex I held by a specified U.S. person, and for each substantial of the Model 2 IGA). If a Reporting Model 2 FFI is U.S. owner (or, in the case of a Reporting Model 2 FFI, reporting a new individual account that has a change in each controlling person that is a specified U.S. person) of circumstances that causes the Reporting Model 2 FFI to a passive NFFE for which the FFI maintains the account. know or have reason to know that the original File a separate Form 8966 for each substantial U.S. owner self-certification is incorrect or unreliable and the (or controlling person) of a passive NFFE (as determined Reporting Model 2 FFI is unable to obtain a valid under the Regulations or an applicable Model 2 IGA) that self-certification establishing whether the account holder is a specified U.S. person. is a U.S. citizen or resident, the Reporting Model 2 FFI should use the pooled reporting category for recalcitrant Note. See Regulations section 1.1471-5(b) for details on account holders with U.S. indicia. (See Part V, Pooled the types of accounts potentially subject to reporting, Reporting Type, later.) -6- Instructions for Form 8966 (2023) |
Enlarge image | Page 7 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Account information to be reported. The following U.S. person that owns certain equity or debt interests in information is reported on Form 8966. See Specific the ODFFI described in Regulations section 1.1471-3(d) Instructions, later, to determine the information you are (6)(iv)(A)(1) and (2) (excluding certain indirect owners required to report based on your filing status. described in Regulations section 1.1471-5(f)(3)(ii)(E)), • Account held by specified U.S. persons. identification of the ODFFI and specified U.S. person Identification of the account holder (name, address, and (name, address, and TIN), total of all withholdable U.S. TIN), account number, account balance or value, payments made to the ODFFI, account balance or value, certain enumerated payments with respect to the account and such other information as may be required on Form (described in Part IV), and such other information as may 8966 or by these instructions. A withholding agent is not be required on Form 8966 or by these instructions. See required to report on Form 8966 on a withholdable Regulations section 1.1471-4(d)(3)(ii). payment made to a PFFI (including a Reporting Model 2 • Account held by passive NFFE. With respect to a FFI) or a Reporting Model 1 FFI that is allocated to a passive NFFE, on a separate Form 8966 for each payee that is an ODFFI on an FFI withholding statement substantial U.S. owner, the name and address of the when the PFFI (including a Reporting Model 2 FFI) or NFFE, the identification of the substantial U.S. owner Reporting Model 1 FFI includes on the statement the (name, address, and U.S. TIN), account number, account certification described in Regulations section 1.1471-3(c) balance or value, certain enumerated payments with (3)(iii)(B)(2)(v), provided that the withholding agent does respect to the account (described in Part IV), and such not know or have reason to know that the certification is other information as may be required on Form 8966 or by incorrect or unreliable. See Regulations section these instructions. See Regulations section 1.1471-4(d) 1.1474-1(i)(2). (3)(iii). • Amounts paid to a passive NFFE. With respect to a • Account held by ODFFI. With respect to an account passive NFFE payee, on a separate Form 8966 for each held by an ODFFI, the name and address of the ODFFI specified U.S. person that is a substantial U.S. owner (or, and, with respect to each specified U.S. person that owns in the case of a Reporting Model 2 FFI, controlling certain equity or debt interests in the ODFFI described in person), identification of the NFFE and each substantial Regulations section 1.1471-3(d)(6)(iv)(A)(1) and (2) U.S. owner (name, address, and TIN), total of all (excluding certain indirect owners described in withholdable payments made to the NFFE, and such other Regulations section 1.1471-5(f)(3)(ii)(E)), identification of information as may be required on Form 8966 or by these the specified U.S. person (name, address, and TIN), instructions. A withholding agent is not required to report account number, account balance or value, certain on Form 8966 on a withholdable payment made to a PFFI enumerated payments with respect to the account (including a Reporting Model 2 FFI) or an RDCFFI that is (described in Part IV), and such other information as may allocated to a payee that is a passive NFFE with one or be required on Form 8966 or by these instructions. A more substantial U.S. owners on an FFI withholding separate Form 8966 must be filed for each such specified statement when the PFFI (including a Reporting Model 2 U.S. person. See Regulations sections 1.1471-3(d)(6)(iv) FFI) or RDCFFI includes on the statement the certification (A)(1) and (2), and 1.1471-4(d)(3)(iv)(B). described in Regulations section 1.1471-3(c)(3)(iii)(B)(2) • Accounts held by recalcitrant account holders. (iv), provided the withholding agent does not know or have Report the number of accounts included in the reporting reason to know that the certification is incorrect or pool and the aggregate account balance or value for such unreliable. See Regulations section 1.1474-1(i)(1). accounts. Withholding Agent Reporting Specific Instructions A withholding agent (other than an FFI reporting accounts Before You Begin maintained by such FFI under the account reporting rules There are five parts to Form 8966. A filer completes only described earlier in Accounts and Withholdable Payments the relevant parts of the form applicable for that filer, as set Required To Be Reported), files Form 8966 to report the forth in the following chart. following in connection with a withholdable payment. • Amounts paid to an ODFFI. With respect to each ODFFI payee, on a separate Form 8966 for each specified Instructions for Form 8966 (2023) -7- |
Enlarge image | Page 8 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 8966 Completion FILER SEPARATE FORM 8966 FOR EACH COMPLETE PARTS PFFI U.S. account held by a specified U.S. person I, II, and IV Substantial U.S. owner (or, in the case of a Reporting Model 2 FFI, I, II, III, and IV controlling person) of a passive NFFE (passive NFFE is holder of the U.S. account) Specified U.S. person owning certain equity or debt interests in an ODFFI I, II, III, and IV for which you act as a designated withholding agent Pooled reporting for recalcitrant account holders (or non-consenting U.S. I and V accounts) WITHHOLDING AGENT Specified U.S. person owning certain equity or debt interests in an ODFFI I, II, III, and IV to which the withholding agent makes a withholdable payment Substantial U.S. owner of a passive NFFE to which the withholding agent I, II, III, and IV makes a withholdable payment DIRECT REPORTING NFFE Substantial U.S. owner of a direct reporting NFFE I, III, and IV Special instructions for filers not specifically listed in currency in which the account or payments are chart. For purposes of applying the specific instructions denominated and is required to identify the currency, (including this chart), a withholding agent includes a U.S. including the applicable currency code, in which the branch or Territory Financial Institution treated as a U.S. account is reported. See Regulations section 1.1471-4(d) person. A Reporting Model 2 FFI files consistent with the (4)(iv)(B) and (F). If an account balance or payment is requirements of a PFFI unless otherwise indicated. A reported in U.S. dollars, the filer must calculate the Sponsoring Entity of a Sponsored FFI files under the amount in the manner described in Regulations section requirements of a PFFI. An RDCFFI files under the 1.1471-5(b)(4). requirements of a PFFI with respect to an account it is Rounding off to whole currency amounts. You may required to report as a condition of its deemed-compliant round fractional currency amounts up (or down) to the status. A trustee of a Trustee-Documented Trust files closest non-fractional (whole) currency amount. If the under the requirements of a PFFI. A Sponsoring Entity of a fractional currency amount is equal to or greater than half Sponsored Direct Reporting NFFE files under the the value of the basic currency unit, round up to the next requirements of a Direct Reporting NFFE. A related entity whole currency amount. If the fractional currency amount or branch described in an applicable Model 2 IGA, to the is less than half the value of the basic currency unit, round extent it is permitted to report, files under the requirements down to the next whole currency amount. If you choose to of a PFFI unless otherwise indicated. Entities filing round currency amounts, you must round all currency consistent with a PFFI should substitute their chapter 4 amounts reported. status for PFFI where that term is used in the instructions, The following illustrates the application of this rule to except as otherwise noted. U.S. dollar amounts. To round off amounts to the nearest Amount and character of payments. The amount and whole dollar, drop amounts under 50 cents and increase character of payments made with respect to an account amounts from 50 to 99 cents to the next dollar. For may be determined under the same principles that the filer example, $1.39 becomes $1 and $2.50 becomes $3. If uses to report information on resident account holders to you have to add two or more amounts to figure the amount its domestic tax authority. Thus, the amount and character to enter on a line, include cents (your fractional currency of items of income required to be reported need not be amount) when adding and only round off the total. determined in accordance with U.S. federal tax principles. If any type of payment is not reported to domestic tax Identifier authorities, such amounts may be determined in the same Filers submitting paper Forms 8966 must assign a unique manner as used for reporting to the account holder. identifying number to each Form 8966 they file. The Otherwise, reporting must either be in accordance with identifying number must be numeric (for example, 001) U.S. federal tax principles, or with any reasonable method and must be exactly three digits. Enter the three-digit consistent with the accounting principles applied by the identifying number in the box for “Identifier” at the top of PFFI. IRS consent is required to change such method, the form. except that a change to rely on U.S. federal income tax principles is automatically permitted. See Regulations If you are filing a paper Form 8966 that is an amended, section 1.1471-4(d)(4)(iv)(E). corrected, or voided report, you must include the unique identifying number that you assigned to the original form Currency translation. Account balance or value, and that is being amended, corrected, or voided. For example, any reportable payment, may be reported in U.S. dollars to amend a form that had an identifying number of 002, or in the currency in which the account or payment is the amended form should also have the identifying denominated. In the case of an account, or payments number 002. In addition, the identifying number will be denominated in multiple currencies, the filer may elect to used by the IRS to identify the form in any report the account balance or value, or payments, in a correspondence with the filer. -8- Instructions for Form 8966 (2023) |
Enlarge image | Page 9 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The identifying number must be unique to each original 3c. Filers provide information on lines 4 through 10 as Form 8966 filed for the current year. The identifying required by the specific instructions for those lines. number can be reused on a new original form in a Line 1a. Enter the filer's name. subsequent year. A Direct Reporting NFFE must identify itself as the Correcting a Previously Filed Form 8966: TIP filer and provide its identifying information on lines Corrected, Amended, and Voided Reports 1a through 3c. If you are filing Form 8966 to correct or amend a previously filed Form 8966, submit the corrected A Sponsoring Entity or trustee that has agreed to information on the Form 8966 applicable to the year of the TIP assume the reporting obligations of a Sponsored initial reporting as follows. FFI, a Sponsored Direct Reporting NFFE, or Trustee-Documented Trust, as applicable, must identify Corrected report. If you are filing Form 8966 to correct itself as the Form 8966 filer and must provide its information submitted to the IRS in a previously filed Form identifying information on lines 1a through 3c. Sponsored 8966 in response to an IRS notification, complete Form FFIs, Sponsored Direct Reporting NFFEs, and 8966 containing the corrected information as if it were the Trustee-Documented Trusts are identified on line 6. original Form 8966 for the year in question and check the box “Corrected report.” You do not need to include a copy Line 1b. Enter one of the filer category codes listed of the originally filed Form 8966 marked “Voided report” below. with the corrected Form 8966. A related entity or branch should use the code for If the Form 8966 that you are correcting was filed TIP limited branch or limited FFI (code 03). All U.S. ! electronically with the IRS, then the corrected branches of FFIs not treated as U.S. persons CAUTION Form 8966 must also be filed electronically with should use the code for PFFIs (code 01). All U.S. the IRS. If the Form 8966 that you are correcting was filed branches that are treated as U.S. persons should use the in paper format with the IRS, then the corrected Form code for withholding agents (code 10). 8966 must also be filed in paper format with the IRS. Failure to follow this rule will result in your corrected Form • PFFI (other than a Reporting Model 2 FFI and including 8966 not being processed by the IRS. a U.S. branch of a PFFI not treated as a U.S. person)—Enter code 01. Amended report. If you are filing Form 8966 to correct a • RDCFFI—Enter code 02. previously filed Form 8966 and you have not been • Limited Branch or Limited FFI—Enter code 03. contacted by the IRS, complete Form 8966 containing the • Reporting Model 2 FFI—Enter code 04. corrected information as if it were the original Form 8966 • QI, WP, or WT—Enter code 05. and check the box “Amended report.” A copy of the Form • Direct Reporting NFFE—Enter code 06. 8966 as originally filed with the IRS, updated by checking • Sponsoring Entity of a Sponsored FFI—Enter code 07. the “Voided report” box, must be filed with the amended • Sponsoring Entity of a Sponsored Direct Reporting Form 8966. NFFE—Enter code 08. • Trustee of a Trustee-Documented Trust—Enter code 09. If the Form 8966 that you are amending was filed Withholding Agent (including a U.S. branch of a PFFI, • ! electronically with the IRS, then the amended Reporting Model 1 FFI, Reporting Model 2 FFI, or RDCFFI CAUTION Form 8966 and accompanying voided Form 8966 treated as a U.S. person and a U.S. branch of a Reporting must be filed electronically with the IRS. If the Form 8966 Model 1 FFI (including any other RDCFFI) or Limited FFI that you are amending was filed in paper format with the that is not treated as a U.S. person)—Enter code 10. IRS, then the amended Form 8966 and accompanying Territory Financial Institution treated as a U.S. • voided Form 8966 must be filed in paper format with the person—Enter code 11. IRS. Failure to follow this rule will result in your amended Form 8966 not being processed by the IRS. Lines 2 through 3c. Enter the filer’s mailing address, including country and postal code. If the filer is a PFFI, Voided report. If you are filing an amended report, also provide the mailing address of the office of the branch that file a copy of the Form 8966 as originally filed with the IRS, maintains the account reported in Part II. If the filer’s post updated by checking the “Voided report” box. office does not deliver mail to a street address and the filer has a post office box, enter the filer’s post office box No accounts to report. A Direct Reporting NFFE or a number instead of the filer’s street address. Sponsoring Entity reporting on behalf of a Sponsored Direct Reporting NFFE that has no substantial U.S. Line 4. If the filer has been assigned a GIIN by the IRS, owners to report during the calendar year should check enter it on line 4. Use the GIIN of the branch of an FFI that this box and complete Part I only. This box is optional for maintains the account (if applicable). If the filer is a Direct filers other than Direct Reporting NFFEs and Sponsoring Reporting NFFE, enter its GIIN, regardless of whether or Entities filing on behalf of a Sponsored Direct Reporting not the account is maintained by a branch. A Sponsoring NFFE. Entity or trustee filing Form 8966 on behalf of a Sponsored FFI, Sponsored Direct Reporting NFFE, or Part I—Identification of Filer Trustee-Documented Trust, as applicable, should enter Use Part I to provide identifying information about the the Sponsoring Entity’s or trustee’s GIIN. Form 8966 filer. All filers must complete lines 1a through Instructions for Form 8966 (2023) -9- |
Enlarge image | Page 10 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. A Sponsoring Entity should enter its Sponsoring deemed-compliant FFI acting as an intermediary, leave TIP Entity’s GIIN, not a separate GIIN (if any) it this line blank. receives when registering as a PFFI or RDCFFI. A Do not enter the GIIN of the Sponsoring Entity or trustee should enter the GIIN it receives when it registers trustee of a Trustee-Documented Trust on line 9. to act as a trustee of a Trustee-Documented Trust, not a CAUTION! That information is reported on line 4. separate GIIN (if any) it receives when registering itself as a PFFI or RDCFFI. Line 10. If the entity shown on line 6 has been issued a U.S. TIN, enter the TIN on line 10. If you entered the Line 5. If the filer has been assigned a U.S. taxpayer entity's GIIN on line 9, do not complete line 10. If the entity identification number (TIN) by the IRS, enter it on line 5. If shown on line 6 is a Territory Financial Institution that has you entered a GIIN on line 4, do not complete line 5. not been issued a TIN by the IRS, report the EIN assigned However, a QI, WP, or WT enters on line 5 the employer to the entity by the relevant U.S. territory. If the entity identification number (EIN) that was issued by the IRS to shown on line 6 does not have either a GIIN or a TIN, be used by the QI, WP, or WT when acting in its capacity leave line 10 blank. as such (in addition to entering its GIIN on line 4). The filer is not required to obtain a U.S. TIN in order to file Form Part II—Account Holder or Payee 8966 if the filer has not been issued a U.S. TIN. Do not enter a foreign TIN. If the filer does not have a U.S. TIN, Information leave this line blank. See the chart at Specific Instructions and Special instructions for filers not specifically listed in chart, earlier, Lines 6 through 10. Lines 6 through 10 only need to be before you begin this part to determine whether you are completed if the filer is a Sponsoring Entity or a trustee of required to complete Part II. a Trustee-Documented Trust, or if the filer is making a payment to a Territory Financial Institution that is acting as Direct Reporting NFFEs and Sponsored Direct Re- an intermediary or that is a flow-through entity and is not porting NFFEs. If you are a Direct Reporting NFFE or a treated as a U.S. person or to a certified Sponsoring Entity filing Form 8966 on behalf of a deemed-compliant FFI that is acting as an intermediary Sponsored Direct Reporting NFFE, do not complete Part and providing the filer with information on a substantial II. Identifying information about the Direct Reporting NFFE U.S. owner of a passive NFFE account holder or payee. or Sponsored Direct Reporting NFFE should be provided Enter the information required by lines 6 through 10 to in Part I of the Form 8966. report the indicated information relating only to one of the Jointly held accounts. If you are reporting a following. ! jointly held account in Part II, you must report each • A Sponsored FFI on behalf of which a Sponsoring CAUTION account holder that is a specified U.S. person on a Entity is filing Form 8966. separate Form 8966. • A Sponsored Direct Reporting NFFE on behalf of which a Sponsoring Entity is filing Form 8966. Lines 1a through 5. Account holder or payee • A Trustee-Documented Trust on behalf of which a information. Complete lines 1a through 5 as follows to trustee is filing Form 8966. report information with respect to: • A Territory Financial Institution not treated as a U.S. • A U.S. account held by a specified U.S. person and person that is acting as an intermediary or that is a maintained by a PFFI. flow-through entity and that receives a withholdable • A passive NFFE with substantial U.S. owners or an payment from the filer of Form 8966. ODFFI with certain equity or debt interests held by • A certified deemed-compliant FFI that is acting as an specified U.S. persons that: intermediary and providing the filer with information on a 1. Is an account holder of a PFFI; or substantial U.S. owner of a passive NFFE account holder 2. Receives a withholdable payment from a or payee. withholding agent, unless the withholding agent receives Lines 6 through 8c. Follow the instructions for lines 1a the certification from a PFFI or RDCFFI receiving the through 3c to provide the information required by lines 6 payment, as described in Withholding Agent Reporting through 8c. Enter the name and mailing address, including under Accounts and Withholdable Payments Required To country and postal code, of the Sponsored FFI, Be Reported, earlier. Sponsored Direct Reporting NFFE, Trustee-Documented Line 1a. Enter the name of the account holder or payee. Trust, Territory Financial Institution, or a certified deemed-compliant FFI acting as an intermediary. If the Line 1b. Check the appropriate box to indicate whether post office does not deliver mail to a street address and the account holder or payee is an individual or entity. the entity identified on line 6 has a post office box, enter Lines 2 through 3c. Enter the account holder’s or the post office box number instead of the street address. payee’s residence address, including country and postal Line 9. If the entity reported on line 6 is a Sponsored FFI code, on lines 2 through 3c. If a residence address cannot (other than a sponsored, closely held investment vehicle) be reported as required, report the address used for or a Sponsored Direct Reporting NFFE, enter the account or payee mailings by the FFI or withholding agent. Sponsored Entity's GIIN on line 9. If the entity reported on Line 3c. If you are reporting an address in the United line 6 is a Territory Financial Institution; States, enter only the 9-digit ZIP code (ZIP + 4) for that Trustee-Documented Trust; Sponsored FFI that is a address. sponsored, closely held investment vehicle; or certified -10- Instructions for Form 8966 (2023) |
Enlarge image | Page 11 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 4. If the account holder or payee has been assigned • The value of each substantial U.S. owner’s equity a TIN, enter that number on line 4. If the account holder or interest in the Direct Reporting NFFE or the Sponsored payee does not have a TIN, leave line 4 blank. Direct Reporting NFFE. • The total of all payments made to each substantial U.S. Line 5. Check the appropriate box on line 5 that owner of a Direct Reporting NFFE or a Sponsored Direct describes the account holder or payee reported on Reporting NFFE during the calendar year by such NFFE line 1a. with respect to each such owner's equity interest in the NFFE. Part III—Owner Information (File a Separate Report for Each U.S. Owner PFFI Filers Enter the following information on lines 1 through 4d for That Is a Specified U.S. Person) each account required to be reported by a PFFI and held See the chart at Specific Instructions and Special by a specified U.S. person, a passive NFFE with respect instructions for filers not specifically listed in chart, earlier, to its substantial U.S. owners, or an ODFFI with respect to before you begin this part to determine whether you are certain equity or debt interests held by more than one required to complete Part III. specified U.S. person. Use Part III to report information about substantial U.S. Line 1. Enter the account number on line 1. The account owners of a passive NFFE, substantial U.S. owners of a number is the identifying number assigned by the PFFI for Direct Reporting NFFE, substantial U.S. owners of a a purpose other than the filing of this form, or, if no such Sponsored Direct Reporting NFFE, and specified U.S. number is assigned to the account, a unique serial persons owning certain equity or debt interests in an number or other number the PFFI assigns to the account ODFFI identified in Part II, line 1a. Complete lines 1 for purposes of filing this form that distinguishes it from through 4 to report U.S. owner information as follows. other accounts maintained by the PFFI. For example, the Line 1. Enter the U.S. owner’s name. account number may be the account number of a custodial account or depository account, the code (ISIN or Lines 2 through 3c. Enter the U.S. owner’s residence other) related to a debt or equity interest (if not held in a address, including country and postal code, on lines 2 custody account), or the identification code of a cash through 3c. value insurance contract or annuity contract. If the PFFI Line 3c. If you are reporting an address in the United has no account numbering system, enter “NANUM” for no States, enter only the 9-digit ZIP code (ZIP + 4) for that account number. address. Line 2. If the amounts reported on lines 3a and 4a Line 4. Enter the social security number (SSN), individual through 4d are not reported in U.S. dollars, enter the code taxpayer identification number (ITIN), or employer for the currency in which the amounts are reported. The identification number (EIN) of the U.S. owner. currency code must be a valid three-character ISO 4217 currency code. If the amounts are reported in U.S. dollars, U.S. owners. If you are a PFFI or withholding enter “USD.” ! agent reporting substantial U.S. owners of a Line 3a. Enter the average calendar year account CAUTION passive NFFE, or specified U.S. persons owning certain equity or debt interests in an ODFFI, you are balance or value if that amount is reported to the account required to file a separate Form 8966 to report information holder. Otherwise, report the account balance or value as required in Part III for each such substantial U.S. owner or of the end of the calendar year. See Regulations section specified U.S. person. If you are a Direct Reporting NFFE 1.1471-5(b)(4) for detailed rules for determining an or a Sponsoring Entity filing on behalf of a Sponsored account’s balance or value. Direct Reporting NFFE, you are required to file a separate If an account is closed or transferred in its entirety Form 8966 to report each substantial U.S. owner. TIP during the calendar year, enter the amount or value withdrawn or transferred from the account in Part IV—Financial Information connection with the closure or transfer on line 3a and See the chart at Specific Instructions and Special check the box on line 3b for “Account closed during the instructions for filers not specifically listed in chart, earlier, year.” before you begin this part to determine whether you are required to complete Part IV. Each holder of a jointly held account is attributed TIP the entire balance or value of the joint account. Use Part IV to provide financial information about: • An account maintained by a PFFI and held by a Line 3b. Account closed during the year. Check this specified U.S. person, passive NFFE with substantial U.S. box if the account reported in Part IV was closed or owners, or ODFFI with specified U.S. persons holding transferred in its entirety during the calendar year. If an certain equity or debt interests in the ODFFI reported on account holder rolls over the amounts in one account into Part II, line 1a. another account (of the same or different type) with the • A withholdable payment made to a passive NFFE with a same FFI during the calendar year, do not report the substantial U.S. owner or an ODFFI with a specified U.S. account as closed. person holding certain equity or debt interests in the ODFFI reported on Part II, line 1a, by a withholding agent that is not a PFFI. Instructions for Form 8966 (2023) -11- |
Enlarge image | Page 12 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 4a. Enter the aggregate gross amount of interest currency code must be a valid three-character ISO 4217 paid or credited to the account being reported for the currency code. If the amounts are reported in U.S. dollars, calendar year. enter “USD.” Line 4b. Enter the aggregate gross amount of dividends Line 3a. With respect to an account held by an ODFFI, paid or credited with respect to an account being reported enter the average calendar year account balance or value for the calendar year. if that amount is reported to the account holder. Otherwise, report the account balance or value as of the Line 4c. Enter the aggregate gross proceeds from the end of the calendar year. See Regulations section sale or redemption of property paid or credited to the 1.1471-5(b)(4) for detailed rules for determining an account being reported for the calendar year. account’s balance or value. If the account holder is a Line 4d. Enter the aggregate gross amount of all income passive NFFE, or if the payment is not made to an paid or credited to an account for the calendar year, account, enter “0” on this line. reduced by interest, dividends, and gross proceeds Line 3b. Do not check the box on line 3b. reported on lines 4a through 4c. For accounts described in Regulations sections 1.1471-5(b)(1)(iii) (certain debt or Line 4a. Enter the aggregate gross amount of interest equity interests, other than an interest as a partner in a paid (or credited to the payee’s account) that is a partnership) or 1.1471-5(b)(1)(iv) (certain cash value withholdable payment for the calendar year. insurance contracts and annuity contracts), enter the Line 4b. Enter the aggregate gross amount of dividends aggregate gross amounts paid or credited to the account paid (or credited to the payee’s account) that is a during the calendar year, including payments in withholdable payment for the calendar year. redemption (in whole or part) of the account, and do not enter any amounts on lines 4a through 4c. In the case of Line 4c. Enter the aggregate gross proceeds paid (or an account that is a partner’s interest in a partnership, credited to the payee’s account) that is a withholdable report the amount of the partner’s distributive share of the payment for the calendar year. partnership’s income or loss for the calendar year, without Line 4d. Enter the aggregate gross amount of all income regard to whether any such amount is distributed to the paid (or credited to the payee’s account) that is a partner during the year, and any guaranteed payments for withholdable payment for the calendar year, reduced by the use of capital, and do not enter any amounts on lines interest, dividends, and gross proceeds reported on lines 4a through 4c. The amounts required to be reported may 4a through 4c. be determined based on the partnership's tax returns or, if the tax returns are unavailable by the due date for filing Direct Reporting NFFEs and Sponsored Direct this form, the partnership's financial statements or any Reporting NFFEs other reasonable method used by the partnership for If you are a Direct Reporting NFFE or a Sponsoring Entity calculating the partner's share of partnership income by filing Form 8966 on behalf of a Sponsored Direct such date. Reporting NFFE, complete lines 1 through 4d as follows. If an account is closed or transferred in its entirety Line 1. Enter “NANUM” (for no account number) on TIP during a calendar year, report the amounts paid or line 1. credited to the account for the calendar year until the date of transfer or closure on lines 4a through 4d. See Line 2. If the amounts reported on lines 3a and 4a Regulations section 1.1471-4(d)(4)(iv)(D). through 4d are not reported in U.S. dollars, enter the code for the currency in which the amounts are reported. The currency code must be a valid three-character ISO 4217 Withholding Agents currency code. If the amounts are reported in U.S. dollars, A withholding agent that is not an FFI should enter the enter “USD.” following information on lines 1 through 4d in connection with withholdable payments made to: Line 3a. Enter the value of the equity interest in the NFFE • An account maintained by the withholding agent and of the substantial U.S. owner identified in Part III. held by a passive NFFE with a substantial U.S. owner or Line 3b. Do not check the box on line 3b. an ODFFI with a specified U.S. person owning certain equity or debt interests in the ODFFI. Lines 4a through 4d. Enter the total of all payments • A payment on an obligation made to a payee that the made by the NFFE during the calendar year to the withholding agent treats as a passive NFFE with substantial U.S. owner identified in Part III (either divided substantial U.S. owner(s) or an ODFFI with a specified by type of payment on lines 4a through 4d or as one U.S. person owning certain equity or debt interests in the amount on line 4d), including the gross amounts paid or ODFFI. credited to the substantial U.S. owner with respect to such owner’s equity interest in the NFFE during the calendar Line 1. If the payment is made to an account, enter the year, which include payments in redemption or liquidation account number on line 1. If the payment is not made to (in whole or part) of the substantial U.S. owner’s equity an account maintained by the payor, enter “NANUM” for interest in the NFFE. no account number. Part V—Pooled Reporting Type Line 2. If the amounts reported on lines 3a and 4a through 4d are not reported in U.S. dollars, enter the code See the chart at Specific Instructions and Special for the currency in which the amounts are reported. The instructions for filers not specifically listed in chart, earlier, -12- Instructions for Form 8966 (2023) |
Enlarge image | Page 13 of 13 Fileid: … ions/i8966/2023/a/xml/cycle03/source 16:00 - 13-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. before you begin this part to determine whether you are Reporting Model 2 FFIs, non-consenting U.S. accounts) at required to complete Part V. the end of the year. If you are a PFFI, use Part V to report information about Line 5. If the amounts reported on lines 3 and 4 (to the the accounts held by recalcitrant account holders (or, for a extent applicable) are not reported in U.S. dollars, enter Reporting Model 2 FFI, non-consenting U.S. accounts) on the code for the currency in which the amounts are a pooled basis. If you are required to report more than one reported. The currency code must be a valid type of pooled reporting account, file a separate Form three-character ISO 4217 currency code. If the amounts 8966 for each type. are reported in U.S. dollars, enter “USD.” Direct Reporting NFFEs and Sponsored Paperwork Reduction Act Notice. We ask for the ! Direct Reporting NFFEs. Do not complete Part information on this form to carry out the Internal Revenue CAUTION V. laws of the United States. Chapter 4 of the Code requires Lines 1 through 5. Complete lines 1, 2, 4, and 5 as certain withholding agents and foreign financial follows to report information about accounts for which institutions to report information with respect to certain pooled reporting is permitted. Do not complete line 3. U.S. accounts, substantial U.S. owners of passive NFFEs, U.S. accounts held by owner-documented FFIs, and Line 1. Check the appropriate box for the applicable certain other accounts as applicable based on the filer’s pooled reporting type. See Accounts and Withholdable chapter 4 status. Form 8966 is used to comply with this Payments Required To Be Reported for which pooled reporting requirement. reporting is permitted for the categories of pooled reporting accounts. You are not required to provide the information If you are a Reporting Model 2 FFI reporting a requested on a form that is subject to the Paperwork TIP preexisting account that is a non-consenting U.S. Reduction Act unless the form displays a valid OMB account, use the pooled reporting category for control number. Books or records relating to a form or its recalcitrant account holders that are U.S. persons or instructions must be retained as long as their contents recalcitrant account holders with U.S. indicia (if the may become material in the administration of any Internal Reporting Model 2 FFI treats the account as a U.S. Revenue law. Generally, tax returns and return information account based on U.S. indicia as permitted under Annex I are confidential, as required by section 6103. of the Model 2 IGA). If you are a Reporting Model 2 FFI The time needed to complete and file this form will vary reporting a new individual account that has a change in depending on individual circumstances. The estimated circumstances that causes you to know or have reason to average time is 25 minutes. know that the original self-certification is incorrect or unreliable and you are unable to obtain a valid If you have comments concerning the accuracy of this self-certification establishing whether the account holder time estimate or suggestions for making this form simpler, is a U.S. citizen or resident, use the pooled reporting we would be happy to hear from you. You can send us category for recalcitrant account holders with U.S. indicia. comments from IRS.gov/FormComments. Or you can write to Internal Revenue Service, Tax Forms and Line 2. Enter the total number of accounts reported in Publications,1111 Constitution Ave. NW, IR-6526, Part V. Washington, DC 20224. Do not send the form to this Line 3. Do not complete this line. address. Instead, see When, How, and Where To File, earlier. Line 4. Enter the aggregate balance or value of the accounts held by recalcitrant account holders (or, for Instructions for Form 8966 (2023) -13- |