How to remove from fatca. Fatca questionnaire what is it

The fact that today it is becoming less and less popular to be a citizen of the United States, we owe a lot to the law adopted in this country in 2010 and came into force on 01.07.2014 "On the taxation of foreign accounts" (Foreign Account Tax Compliance Act - FATCA). The idea of ​​adopting this law arose when the US government calculated the lost taxes. Their amount was approximately $ 100,000 billion, and this is only offshore schemes, not taking into account the contributions of citizens to foreign banks... As a result of the calculation, it was decided to take measures to correct this problem in the form of a bill, which, after being signed by the head of the American state, entered into force. This was the main reason for the large number of renunciation of US citizenship among its residents living and working in other countries.

What is FATCA

FATCA - what is it? This is US taxation law that requires foreign financial institutions report to the IRS for US taxpayer clients. The official goal of the adoption of FATCA is to prevent tax evasion of American citizens. Under US law, all individuals and legal entities who have citizenship or are residents of this country are required to pay tax, regardless of where they live and receive income from work, conduct business or own property. But this state of affairs does not suit many citizens, therefore financial activities they try to conduct through banks outside their home country.

Prior to the adoption of the law, the relevant US services were not able to somehow track their financial activities and obtain information on accounts in foreign banks. But the situation changed dramatically after the entry into force of FATCA. What did this give the special services? From this time on, all countries or their financial institutions must transmit information to FATCA purposes to the IRS about America's taxpayer clients. The law is, to put it mildly, arrogant, as it affects the interests of not only US citizens, but also legal entities all other states.

Levers of influence, method of control over the execution of FATCA

In order to freely transfer information to FATCA, foreign financial institutions or countries are invited to enter into special agreements with the relevant US service to ensure control over the accounts of taxpayers of the American country. A number of surprises awaits all those who refuse the offer, which include measures such as sanctions, forced withholding of 30% of the amount of customer transfers through banking system The United States, as well as through banks that signed such an agreement, or even closing access to the main reserve currency for entire countries with a subsequent reduction in part of international trade. Therefore, behind the signing of the agreement, an impressive line has lined up, consisting of various states and individual financial organizations that understand the importance of the US system in the movement of funds, but at the same time try to avoid violating the law on privacy. An agreement can be concluded not only with various countries in an intergovernmental form, but also with individual financial institutions, if the state in whose territory they operate cannot accept this agreement for some reason.

Agreement Models

Since the FATCA law provides for two options for intergovernmental agreements, there are also two models for the transfer of information provided by them:

1. According to the first model, financial institutions submit reports on customer accounts related to American taxpayers to the internal services of their country. Subsequently, these services transfer the information to the special services of the United States.
2. The second model involves the transfer of data on such customers by the financial institutions themselves, which have entered into a direct agreement with the US tax authorities.

By 2017, the Russian Federation had not signed an intergovernmental agreement for the transfer of information for the purposes of FATCA. What does this mean for Russian citizens? Formally, banks and other organizations are not required to report to the services of America. But this circumstance promises the clients of Russian financial institutions undesirable problems in settlements and transactions through American correspondent accounts in the form of sanctions.

Russian legislation gives the go-ahead for domestic banks to transfer information to US services

As a result of heated discussions Russian government on the entry into force of FATCA, its possible consequences and contradictions with the laws of the Russian Federation, the head of state signed a law designed to help domestic financial companies register on the website of the US tax services to comply with FATCA. How does this allow Russian organizations? On legal grounds transfer the required information about American taxpayers as part of an information exchange agreement, but only with the consent of the client. In case of receiving a refusal from him to transfer data, any bank has the right not to work with this person. Before transmission, all data must go through the Central Bank and Rosfinmonitoring, which has the right to stop it.

FATCA reporting form

In an attempt to eliminate unwanted deductions from customer accounts, 90% of banks and organizations from Russia privately went to the agreement and registered with federal service USA. Therefore, when opening accounts in many banks today, one may encounter the inevitability of filling out a certain document. The FATCA form is a short questionnaire, with the help of which it is easy to determine the need to transfer information about this client to the American services. If the client is not related to taxes in the United States, then information about him will remain closed to American services.

Bankers' fears

This information gathering mechanism may not be effective enough, resulting in fines, withholdings or losses incurred by companies when registering identification numbers (GIINs). The absence of such a number from a financial institution is the basis for the application of sanctions against it for non-compliance with FATCA. The number of domestic institutions that will manage to maintain the GIIN after data transfer remains unclear in 2017. Many bankers express fears that the American government, if it wants to, will find a lot of violations in the actions of Russian organizations. Therefore, the threat of sanctions in connection with violations of FATCA is more real than the possible blocking of payment systems, which banks predicted. FATCA has many ambiguities and ambiguities that leave a wide margin of appreciation for the enforcement agencies.

Registration for FATCA purposes, Sberbank. What is it?

One of the first organizations to register with the US IRS is Sberbank. The full company, including the main department and 208 institutions under its control, received the status of a financial institution that meets the requirements of FATCA. What does it mean? Sberbank is obliged to identify among its clients those who are involved in paying taxes in the States. At the date of registration, the bank has about 20,000 customers who are American citizens or are among the other categories liable to pay tax in this country. These include:

Legal entities:

• organizations where residents have a share of more than 10%;
• companies registered in America.

Individuals:

• American citizenship;
• green map;
• birth in America;
• mailing address in the United States;
• American phone number;
• issued power of attorney for a person with an address in the United States;
• the right to sign a person with the same address;
• instructions for transferring amounts in the United States;
• address "on demand", if it is the only one for the account.

In the future, the number of clients belonging to these categories may increase, since there are no obstacles to serving persons who are ready to consent to the transfer of information to the States. This information is required to fulfill the mandatory conditions of FATCA (Sberbank). What does this change in service? Sberbank asks to fill out an additional questionnaire attached to the package of documents.

Bank procedure

When working with clients, Sberbank determines the FATCA status for each based on the data from the completed questionnaires, and then generates a report. Based on the results of the information received, those who are related to American taxes are identified. Then what happens:

1. Informing the client about the presence of signs of belonging to the American taxpayers.
2. Customer confirmation of status with Forms w-9 or w-8. Or documentary evidence of non-compliance with this.
3. Obtaining consent from the client for the transfer of data to the IRS. Or, in the absence of refutation forms or documents, his transfer to the status of refuseniks.

The fact of Sberbank's registration with the IRS obliges it to provide, if necessary, access to the American government to the accounts of US taxpayers located at the Sberbank institution in the Russian Federation. At the same time, Sberbank sees no obstacles to fulfilling its regular duties with the emergence of the need to inform the States about the savings of their taxpayers.

Russia's accession to the European FATCA

Soon Russia will have to join Euro-FATCA. This is a new bill, similar to the American one in regulation, but in contrast to which, in case of refusal to cooperate, it provides not penalties, but complete ban activities for refuseniks in the EU. Russia's accession is planned for 2018 in the framework of the European Convention of 1988, according to which the participants are obliged to provide each other with assistance and exchange information on tax matters. From the day of joining Euro-FATCA Russian services will be able not only to transmit data on EU taxpayers, but also to receive information on European accounts of domestic citizens.

June 30, 2014, Moscow - In connection with the entry into force of the US Foreign Account Tax Act (FATCA) on July 1, 2014, Sberbank of Russia registered with the US Internal Revenue Service (IRS) as a financial institution that complies with the requirements of FATCA (Participating financial institution not covered by an IGA). Individual identification number: JPCJ0H.00028.ME.643.

FATCA aims to collect information about US taxpayers.

We hereby inform our clients - individuals, and individual entrepreneurs and individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation (lawyers, notaries, etc.), interested in concluding agreements with Sberbank of Russia (hereinafter referred to as the Bank), on the possibility of disclosing information about their status as a US taxpayer for FATCA purposes.

If at the time of your contacting the Bank after July 1, 2014 to conclude an agreement for any service, you do not have valid accounts with the Bank, you can fill out the Bank's questionnaire containing additional FATCA information (hereinafter - the Questionnaire). The form of the Questionnaire and the procedure for filling it out are presented on the Bank's website in the relevant sections of products and services, as well as in information folders in service offices.

As part of filling out the Questionnaire, you will be required to provide the following additional documents, depending on your answers to the Questionnaire's questions:

If you are a US citizen or US tax resident, you must provide a completed Form W-9 (Form W-9 is available on the IRS website: http://www.irs.gov/pub/irs-pdf/fw9.pdf ). Consult your tax advisor about the rules for completing the form. If you were born in the United States but are not a U.S. citizen, you must provide (1) a Certificate of Loss of U.S. Citizenship on Form DS 4083 to the Bureau of Consular Affairs of the U.S. Department of State, or (2) a written explanation regarding your lack of U.S. citizenship (for example, a statement of the reason for which US citizenship was not obtained by birth).

You can hand over the completed Application Form and the above documents (if any) to the Bank employee at the place of your service. Information about US taxpayers, including information about the number / numbers of the account / accounts of the Client with the Bank, the balance / balances of the account / accounts, transactions on the account / accounts, may be transferred by the Bank to Tax Service USA (IRS) or the person acting as such a body, to the extent and in the manner prescribed by the legislation of the Russian Federation.

When opening a bank account in a foreign or large Russian bank, many people today are faced with the need to fill out the FATCA form. But what is it and why should we fill it.

In accordance with the US Foreign Account Tax Compliance Act (FATCA) of 2010, which came into effect on July 1, 2014, US citizens are required to report and provide information on their foreign accounts abroad. ... In addition, all foreign (non-American) financial institutions (primarily banks, as well as depositories, Insurance companies and other financial institutions, about which I will write in more detail later). Thus, the States organized full control over the activities and incomes of their citizens arising from this activity (I would like to draw your attention to the fact that America is the only country in which all citizens, without exception, are tax residents country on the fact of citizenship, regardless of place of residence).

For other states, the obligation to provide information on the accounts of American citizens arises on the basis of intergovernmental agreements FATCA, which are concluded (or in the process of agreement) by almost all European, and not only European, countries. There are two models for such an agreement:

• Model 1 IGA - Country financial institutions report US clients to local tax authorities, and they, in turn, automatically transmit information to the federal tax service of the States.
• Model 2 IGA - Financial institutions in the country report US customers directly to the State Revenue Service (IRS).

In case of failure to provide information, sanctions are applied, which will be discussed below. Moreover, if the requirements of FATCA are not fulfilled by a specific bank, then the sanctions will be applied specifically to its customers, and if FATCA is not signed by the whole country, then this tax withholding measure will be applied to all customers of banks in that country.

To date, Russia has not signed the FATCA intergovernmental agreement. And due to the international situation and the sanctions imposed against Russia, signing is not expected in the near future. Respectively Russian banks(and other financial institutions) are not required to disclose US customer information. But not everything is as good as we would like. Because in the end, when settlements with American banks, sanctions may be applied to clients of Russian banks. To avoid this, many Russian financial institutions (90%) have privately joined the FATCA requirements (by registering with the Federal Tax Service and obtaining a Global Intermediate Identification Number (GIIN)) and collecting the necessary information from their clients. About Data Action Ratio banking structures with domestic Russian legislation and international I will write in a separate article.

Let's dwell in a little more detail on the application of sanctions to non-FATCA participants (the so-called unscrupulous account holders). Tax agents The United States levies 30% tax on specific US taxable payments made to non-FATCA parties, and such payments include:

• Payments from sources in the United States on interest, dividends, premiums, annuities, etc., as well as other regular payments (FDAP) from sources in the United States, starting July 1, 2014 (because all interested financial institutions had to register on IRC before 01 July 2014).
• Gross proceeds from the sale or disposal of property, which may earn interest or dividends from sources in the United States, beginning January 1, 2017.
• Since 2017, 30% tax payments will also be charged on specific foreign through payments. Tax agents will submit reports on the relevant deductions to the Federal Tax Service.

So, if, when opening an account, the bank asks you to fill out the FATCA form, then do not be surprised or intimidated. Moreover, if you are not a US taxpayer, you can safely fill it out. If you do not represent a company that is a financial institution and does not work in the interests of American beneficiaries, then information about you will never go to the federal tax office. Therefore, it is better to fill out the form, otherwise the bank may refuse you to open an account or conduct transactions.

In order to identify you, the bank asks you to indicate in the questionnaire the type of company you belong to (applicable to legal entities). The main types are a financial company and a non-financial company. If a non-financial company, then an active or passive non-financial company. Determining your affiliation is necessary to understand the amount of information that needs to be obtained from you. If you are a passive non-financial company (for example, a holding company), then you must provide details of the beneficiaries of your business to confirm that there are no US residents there. If you are an active non-financial company, then the amount of information you provide is minimal (in fact, you are limited to putting one check in the form).

Difficulties with determining the type of company to which your organization belongs should not arise, because a dictionary with detailed definitions is attached to the form. In short:

Financial companies- banking, depository, investment, specialized insurance organizations, as well as holding companies that are part of the same group with the organizations listed above.

Non-financial companies- all others, not related to financial, in particular various non-profit organizations (public, administrative, charitable, cultural, etc.).

Active non-financial companies- these are companies that meet one of the following criteria:

• Less than 50% is passive income or assets providing passive income;
• Securities are quoted in organized auctions;
• Established in the States and its shareholders are Americans;
• The government of any country and its subdivisions;
• Holding companies that finance subsidiaries that are active in business and do not engage in financial activities, as defined in the definitions above;
• Companies that carry out financial activities in the interests of affiliates who are not financial companies;
• Companies that have ceased their financial activities five years ago.

Passive non-financial companies- all companies that do not meet the above criteria. And, accordingly, more than 50% is profit in the form passive income(interest, dividends, royalties, lease payments etc.).

Thus, if you see that your company belongs to financial institutions, then you have an obligation to join FATCA and report on your American clients. If your company is passive non-financial, then you need to inform the bank about your beneficiaries. If you are an active non-financial company, then to you minimum requirements- only confirm your status in the form. Feel free to fill out. If suddenly you are a little mistaken or your company has changed its status, then this is also okay, the bank will inform you about this as soon as errors are identified. There are no penalties for this.

FATKA is a Russified abbreviation with of English language, denoting the United States of America Compliance Act tax legislation in relation to accounts opened abroad (FATCA - Foreign Account Tax Compliance Act). This law is also referred to as the "Foreign Account Tax Law". In accordance with this law, foreign financial institutions (registered outside the USA) must inform the IRS (International Revenue Services) of so-called "US customers",
including those who live outside the United States.

1. What is the purpose of FATKA?

The FATCA was adopted to prevent tax evasion by US taxpayers who hold accounts with non-US financial institutions or investment offshore instruments.

FATCA requires financial institutions outside the United States to identify their customers based on certain criteria, collectively known as “United States characteristics,” and provide the IRS with information about such customers in accordance with intergovernmental agreements signed between governments. USA and other countries.

1. When do FATCA provisions start to apply?

CB COMERTSBANK JSC informs the US Internal Revenue Service directly (not through the Ministry of Finance of the Republic of Moldova), in accordance with the Type 2 Intergovernmental Agreement signed by the governments of the Republic of Moldova and the USA on November 26, 2014.

According to the Intergovernmental Agreement, KB KOMERTSBANK JSC registered on the IRS portal and received the GIIN (Global Intermediary Identification Number) code: VY0Z9.99999.SL.498 by fulfilling the requirements of FATKA.

1. Who is affected by FATKA?

FATKA provisions affect individuals and legal entities, customers financial institutions Republic of Moldova with tax liabilities to the United States and receiving taxable income outside the United States, namely:

1. American citizens and American tax residents;
2. citizens without American citizenship, but staying in the United States for at least 183 days, which are calculated as follows: all the days during which you were in the country during the current year (at least 31 days), and 1/3 of the number of days during which you were in the country during the year immediately preceding the current year and 1/6 of the number of days during which you were in the country during the second year preceding the current year;
3. US legal entities;
4. foreign non-financial legal entities (non-SUA), the substantial owners of which (with a minimum interest of 10%) are US citizens and tax residents.

Non-residents of the United States for tax purposes: teachers, students, interns who are temporarily in the United States on the basis of visas of the following categories: F, J, M şi Q.

1. What does the FATKA status mean?

FATCA status is a status assigned by the Bank to those of its clients, individuals and legal entities, who meet the FATCA criteria and to which the Bank must apply the procedures provided for by the FATCA.

1. How will FATKA affect clients?

All clients of CB COMERTSBANK JSC will be subjected to an identification procedure to establish their affiliation with the holders of US accounts. US account holders will be assigned FATCA status as a result of identifying US attributes and will be required to provide the information requested by the Bank.

1. What are the consequences for clients who refuse to provide the Bank with the information necessary to establish the FATKA status?

Clients who do not provide information on the basis of which the Bank can make a decision on granting them FATKA status will be qualified as US account holders - refuseniks and information about them will be provided to the US Internal Revenue Service.

1. What is meant by a “customer-refusalist”?

A “refusenik client” means the owner of a bank account, an individual or legal entity, who:

1. did not respond to the Bank's request for submission of documents required to be assigned FATCA status or information required to be submitted to the IRS (valid form W-9, correct name and US taxpayer number, etc.);
2. did not consent to the provision of his personal data by the Bank to the US Internal Revenue Service.

1. What is the US Taxpayer Identification Number (US TIN)?

The US Taxpayer Identification Number (US TIN) is a US taxpayer identification number used by the IRS in tax administration.

A U.S. taxpayer number can be:

1. SSN(Social Security Number) - number social insurance US citizen;
2. ITIN(Individual Taxpayer Identification Number) - US taxpayer identification number;
3. ATIN(Adoption Taxpayer Identification Number) - US taxpayer identification number for children adopted in the US.

1. What are Forms W-9, W-8BEN, and W-8BEN-E?

The Bank uses the information provided by customers in Forms W-9, W-8BEN and W-8BEN-E to make a decision on granting them FATKA status. Clients independently fill out and submit these forms to the Bank. Otherwise, the clients will be considered “refusenik clients”, which will entail the Bank's actions as described above.

To fill out these forms, customers need to follow the instructions for filling them out, which are published on the website of the US Internal Revenue Service (https://www.irs.gov):

Form W-9 is completed by both individuals and legal entities and is a confirmation of the account holder's status as a person related to the United States.

Form W-8BEN is filled in only by individuals and is a confirmation by the account holder of his status as a non-US person.

Form W-8BEN-E is filled in only by legal entities and is a confirmation by the account holder of his status as a person not related to the United States.

1. I am a client of CB "KOMERTSBANK" JSC. The bank informed me that I have US signs. Am I obliged to provide the Bank with the requested documents?

You are advised to submit the requested documents to the Bank. In the event that you do not provide the Bank with the corresponding completed form, you will be considered a “refuser client” in relation to FATCA, and the Bank will be forced to report information about your accounts to the IRS, even if they are not signed

Sberbank has passed the registration procedure with the US Internal Revenue Service (IRS) in the status of a financial institution that complies with the requirements of FATCA (Participating financial institution not covered by an IGA).

The bank has been assigned an individual identification number (GIIN): JPCJ0H.00028.ME.643.

Form for confirming the status of Sberbank as the beneficial owner of the income received and indicating the FATCA status: W-8BEN-E

Form of confirmation of the status of Sberbank as an intermediary in the transfer of income received in favor of a third party, indicating the FATCA status: W-8IMY

Information for clients - individuals

We hereby inform clients - individuals, as well as individual entrepreneurs and individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation (lawyers, notaries, etc.), who are interested in concluding contracts with PJSC Sberbank(hereinafter referred to as the Bank), on the possibility of disclosing information about its status as a US taxpayer for FATCA purposes.

When concluding an agreement for any service, you can fill out the Bank's questionnaire containing additional FATCA information (hereinafter referred to as the Questionnaire). The form of the Questionnaire and the procedure for filling it out are presented in the relevant sections of products and services on the Bank's website, as well as in information folders in service offices.

As part of filling out the Questionnaire, you will be required to provide the following additional documents, depending on your answers to the Questionnaire's questions:

If you are a US citizen or US tax resident, you must provide a completed Form W-9 (Form W-9 is available on the IRS website: http://www.irs.gov/pub/irs-pdf/fw9.pdf ). Consult your tax advisor about the rules for completing the form.

If you were born in the United States but are not a U.S. citizen, you must provide (1) a Certificate of Loss of U.S. Citizenship on Form DS 4083 to the Bureau of Consular Affairs of the U.S. Department of State, or (2) a written explanation regarding your lack of U.S. citizenship (for example, a statement of the reason for which US citizenship was not obtained by birth).

You can hand over the completed Application Form and the above documents (if any) to the Bank employee at the place of your service. Information about US taxpayers, including information about the number / numbers of the account / accounts of the Client with the Bank, the balance / balances of the account / accounts, transactions on the account / accounts, may be transferred by the Bank to the US Internal Revenue Service (IRS) or to the person acting as such a body. , in the amount and in the manner established by the legislation of the Russian Federation.

Information for clients - legal entities

We hereby inform clients - legal entities, including credit institutions interested in concluding agreements with the Bank on the possibility of disclosing information about themselves for FATCA purposes.

You can fill out special sections of the Bank's questionnaire containing additional FATCA information (hereinafter referred to as the Questionnaire) as part of the standard identification procedure when applying for service at the Bank. The Application Form is presented on the Bank's website in the relevant sections of products and services.

As part of filling out the Questionnaire, you may be required to provide additional documents depending on your answers to the Questionnaire questions:

IRS Forms W-9 / W-8 and other documents.

The W-9 and W-8 templates are available on the IRS portal: http://www.irs.gov. The Bank does not provide advice on the procedure for filling out the FATCA Questionnaire and other additional documents in order to establish a specific taxpayer status for the purposes of FATCA. Consult with your tax advisor about the rules for filling out forms.

Completed Application Form and additional documents(if available) you can give it to a Bank employee at the place of your service.

Information about US taxpayers, including information about the number / numbers of the account / accounts of the Client with the Bank, the balance / balances of the account / accounts, transactions on the account / accounts, may be transferred by the Bank to the US Internal Revenue Service (IRS) or to the person acting as such a body. , in the amount and in the manner prescribed by the legislation of the Russian Federation.

And it confirmed its intention to start the exchange of information for 2017 in 2018.

Currently tax code Russian Federation supplemented by provisions (Federal Law dated November 27, 2017 No. 340-FZ), according to which Russian organizations financial market are obliged to identify clients who are tax residents of foreign states (territories) and submit data about such clients and their accounts with the Federal Tax Service of Russia, and clients, in turn, are required to provide this information at the request of a financial institution.

PJSC Sberbank does not provide its clients with consulting services on the determination of tax residency in accordance with the requirements of FATCA and CRS. On this issue, you can contact a tax consultant or get acquainted with information on tax residency for different countries on the portal of the Organization for Economic Cooperation and Development at http://www.oecd.org/tax/automatic-exchange/crs-implementation-and-assistance/tax-residency/#d.en.347760

In order to confirm your tax residency, an employee of Sberbank may ask clarifying questions, as well as ask you to fill out a self-certification form.