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Specific Instructions

Part 1: Financial Institution Registration

A Direct Reporting NFFE may register by following the instructions for FIs throughout these Specific Instructions, except where otherwise indicated.

Line 1.   Check the box applicable to your FI status as described below. Only one box may be checked.

  A Single FI is an FI that has no Member FIs, and that is registering for PFFI or RDCFFI status for itself or one or more of its branches. A Single FI may also include a foreign branch of a USFI that is treated as a Reporting FI under a Model 1 IGA or that intends to apply for status as a QI and is required to obtain a GIIN as a condition of such status.

  A Lead FI means a USFI, FFI, or Compliance FI that will carry out FATCA registration for each of its Member FIs that is a PFFI or RDCFFI. A Lead FI is not required to act as a Lead FI for all Member FIs within an EAG.

  A Member FI will need to obtain its FATCA ID from its Lead FI and provide the FATCA ID on the registration form. The FATCA ID is used to identify the Member FI for purposes of registration and is not the same number as the GIIN.

   A Sponsoring Entity is an entity that will perform the due diligence, withholding, and reporting obligations of one or more Sponsored FFIs or the due diligence and reporting obligations of one or more Sponsored Direct Reporting NFFEs. A trustee of a Trustee-Documented Trust should select “Sponsoring Entity” if it is registering to obtain a GIIN to use when fulfilling its obligations as a trustee of a Trustee-Documented Trust.

   A disregarded entity that is registering separate from its owner in order to be a Reporting FI under a Model 1 IGA should select “Single FI” or “Member FI,” as appropriate.

Line 2.   Enter the legal name of the FI. The legal name is the name the FI uses in official incorporation or organization documents, or the name otherwise recognized by the residence jurisdiction government as the FI's official name. Typically, the legal name is the name used by the FI in legal documents.

Line 3a.   Enter the FI’s jurisdiction of residence for tax purposes. The jurisdiction of residence generally is the jurisdiction in which the FI is treated as a resident for income tax purposes (for example, the place of incorporation or place of principal management and control). If the FI is a dual resident, identify one of the countries where it is a tax resident on this line and identify the second jurisdiction of tax residence on line 8 (if the second jurisdiction is the United States) or line 9 (if the second tax residence jurisdiction is a country other than the United States).

Partnerships and other flow-through entities.   For a partnership or other flow-through entity, the FI’s jurisdiction of residence means the jurisdiction under the laws of which the entity is organized or established or, if not organized or established under the laws of any jurisdiction, the jurisdiction where it maintains its principal office.

Line 3b.   Enter the FI's country/jurisdiction tax ID. Some countries/jurisdictions may use a Tax Identification Number ("TIN") to identify taxpayers. If the FI is in a jurisdiction that uses TINs and the FI has a TIN, enter its TIN on this line. If the FI does not have a TIN, leave this line blank.

Line 4.   Check the box applicable to your FATCA classification in your jurisdiction of tax residence. Only one box may be checked.

  A Sponsoring Entity, Direct Reporting NFFE, trustee of a Trustee-Documented Trust, a USFI registering as a Lead FI, a U.S. Territory FI, or a USFI with a foreign branch that intends to apply for status as a QI and is required to obtain a GIIN as a condition of such status or that is treated as a Reporting FI under a Model 1 IGA must select “None of the Above.

   A disregarded entity that is registering separate from its owner in order to be a Reporting FI under a Model 1 IGA should select RDCFFI.

Note: FIs with branches in multiple jurisdictions.   An FI (other than a Sponsoring Entity, USFI, or foreign branch of a USFI) that maintains branch operations in multiple jurisdictions should answer this question by treating the operations within its country of tax residence as if it were a branch (home office) and then classify whether such home office is participating or registered deemed compliant. On line 9 of the registration form, the FI should identify the jurisdictions (other than the United States) where it maintains branches outside of its jurisdiction of tax residence, other than jurisdictions where the FI maintains related branches. If the FI maintains branches in the United States, the FI should enter this information on line 8.

Line 5.   Enter the mailing address of the FI. The address provided will be used to send all mail correspondence related to the FI's FATCA registration, FATCA account, and any other related matters.

Line 6.   Check the appropriate box to indicate that the FI is a party to a QI, WP, or WT Agreement with the IRS and provide the EIN that was issued to the FI for use in identifying itself when acting in its capacity as a QI, WP, or WT. If the FI enters into a QI, WP, or WT agreement after it submits this registration form, the FI should amend its response to this question to reflect its new status as a QI, WP, or WT and add its EIN to its registration. This is done by editing the FI's online FATCA account. For more information, see Paper registration on page 1. Check “Yes” or “No” to indicate whether the FI intends to maintain its status as a QI, WP, or WT.

  Check “Not Applicable” if the FI is not a party to a QI, WP, or WT Agreement with the IRS.

Line 7.   Check “Yes” if the FI maintains a branch outside its jurisdiction of tax residence. A branch is a unit, business, or office of an FI that is treated as a branch under the regulatory regime of a jurisdiction or is otherwise regulated under the laws of a jurisdiction as separate from other offices, units, or branches of the FI. FIs should treat all offices or business units within any one jurisdiction as a single branch.

   Sponsoring Entities, Trustees of Trustee-Documented Trusts, and Direct Reporting NFFEs. If you are applying as a Sponsoring Entity, trustee of a Trustee-Documented Trust, or Direct Reporting NFFE, you do not need to answer questions about your branches and should check “No.

Line 8.    Check “Yes” if the FI is either a U.S. resident or maintains a branch within the United States, and provide the EIN of the FI or U.S. branch, as appropriate.

Line 9.   Separately identify each jurisdiction where the FI maintains a branch outside of the United States, including if the FI maintains a branch in a U.S. Territory, other than jurisdictions where the FI maintains related branches. Use additional sheets to furnish the required information for each separate jurisdiction in which the FI maintains a branch.

  When a disregarded entity is required to register on its own behalf, discussed earlier, its owner should not report the disregarded entity as a branch on this line 9.

Line 10.   Provide the name, title, address, and contact information of the Responsible Officer (RO) of the FI. For purposes of line 10, RO means the person authorized under applicable local law to establish the statuses of the FI's home office and branches as indicated on the registration form. To have the authority to “establish the statuses” for purposes of this line 10, an RO must have the authority to act on behalf of the FI to represent the FATCA status(es) of the FI to the IRS as part of the registration process. The RO for purposes of this line must also have the authority under local law to designate additional POCs. The individual identified as the RO on this line 10 will be the only individual who will receive emails from the IRS related to the FI's FATCA account.

  The meaning of “authority to act on behalf of the FI to represent its FATCA status” is determined based on the FI's status, as follows.
  • With respect to a PFFI, an RO is an officer of the FFI (or an officer of any Member FI that is a PFFI, Reporting FI under a Model 1 IGA, or Reporting FI under a Model 2 IGA) with authority to fulfill the duties of a Responsible Officer described in an FFI Agreement.

  • With respect to a PFFI that elects to be part of a consolidated compliance program, an RO is an officer of the Compliance FI with authority to fulfill the duties of a Responsible Officer described in the FFI Agreement on behalf of each FFI in the compliance group (regardless of whether the FFI is treated as a Reporting FI under a Model 1 IGA or Reporting FI under a Model 2 IGA).

  • With respect to a RDCFFI, other than an RDCFFI that is a Reporting FI under a Model 1 IGA, an RO is an officer of the FI (or an officer of any Member FFI that is a PFFI, Reporting FI under a Model 1 IGA, or Reporting FI under a Model 2 IGA) with authority to ensure that the FFI meets the applicable requirements to be treated as an RDCFFI.

  • With respect to a Reporting FI under a Model 1 IGA, an RO is any individual specified under local law to register and obtain a GIIN on behalf of the FFI. If, however, the Reporting FI under a Model 1 IGA operates any branches outside of a Model 1 IGA jurisdiction, then the RO identified must be an individual who can satisfy the requirements under the laws of the Model 1 IGA jurisdiction and the requirements relevant to the registration type selected for each of its non-Model 1 IGA branches.

  • With respect to a USFI that is registering as a Lead FI, an RO is any officer of the FI (or an officer of any Member FI) with authority to register its Member FIs and to manage the online FATCA accounts for such members.

  • With respect to a Direct Reporting NFFE, an RO is the individual who will be responsible for ensuring that the Direct Reporting NFFE meets its reporting obligations as a Direct Reporting NFFE and will act as a POC with the IRS in connection with its status as a Direct Reporting NFFE.

  • With respect to a Sponsoring Entity, an RO is the individual who will be responsible for ensuring that the Sponsored Entity meets its obligations as a Sponsoring Entity and who will act as a point of contact with the IRS in connection with its obligations as a Sponsoring Entity.

Note.

If an FI is a Lead FI, the FI’s RO will automatically be treated as a POC for the FI and any Member FI. As a result, the RO for a Lead FI may receive correspondence related to its Member FI’s FATCA information.

The address provided should be the business address of the RO. The business address is defined as the address where the RO maintains his or her principal office.

Line 11a.   Check “Yes” and complete line 11b if the FI wants to appoint one or more POCs, other than the RO identified on line 10. A POC is an individual authorized to receive from the IRS FATCA-related information regarding the FI and to take other FATCA-related actions on behalf of the FI. While the POC must be an individual, the POC does not need to be an employee of the FI.

  Check “No” if the FI wants the IRS to send correspondence only to the RO identified on line 10.

  By listing one or more POCs on line 11b and checking the “Yes” box on line 11a, the individual identified in the checkbox on line 11b is providing the IRS with written authorization to release the FI’s FATCA information to the POC.

Line 11b.   For purposes of line 11b, the term “RO” means an individual who is authorized under local law to consent on behalf of the FI (an “authorizing individual”) to the disclosure of FATCA-related tax information to third parties. This individual may be the same as the individual identified as the RO on line 10. By listing one or more POCs on line 11b and checking the “Yes” box on line 11a, the authorizing individual identified at the end of line 11b (to the right of the checkbox) is providing the IRS with written authorization to release the FI’s FATCA information to the POC. This authorization specifically includes authorization for the POC to complete the FATCA registration (except for the signature line and the associated checkbox), to take other FATCA-related actions, and to obtain access to the FI's tax information. If a third-party adviser that is an entity is retained to help the FI complete its FATCA registration process, the name of the third-party individual adviser that will help complete the FATCA registration process should be entered as a POC on line 11b, and the “Business Title” field for that individual POC should be completed by inserting the name of the entity and the POC’s affiliation with the entity. Once the authorization is granted, it is effective until revoked by either the POC or by an authorizing individual of the FI.

Part 2: Information on Member FIs of an EAG

This part need not be completed by an FI that is a Member FI, Single FI, or Sponsoring Entity.

Line 12.   A Lead FI will be required to provide identifying information about its Member FIs via the FATCA registration website. The grid in Part 2 is provided to help the Lead FI collect Member FI information that it will need to complete the online version of Part 2 of the FATCA registration form. Do not mail identifying information for Member FIs to the IRS on the paper FATCA registration form. If a Lead FI submits a paper Form 8957, after the form is processed by the IRS, the Lead FI will receive a FATCA ID and temporary access code to access its online account and to complete Part 2 of the FATCA registration form for each of its Member FIs. In order to complete Part 2, the Lead FI will need to know the Member FI’s legal name, jurisdiction of tax residence, and member type. A Lead FI that is registering a Member FI that is a USFI with foreign branches or a Member FI that is a Direct Reporting NFFE should enter “None of the Above” for such entity.

  The jurisdiction of residence of a Member FI generally is the jurisdiction in which the Member FI is treated as a resident for income tax purposes (for example, the place of incorporation or place of principal management and control). If the Member FI is a dual resident, identify one of the jurisdictions where it is a tax resident in this question. The second jurisdiction should be identified as a branch jurisdiction in the Member FI’s online FATCA account. For a Member FI that is a partnership or other flow-through entity, the Member FI’s jurisdiction of residence means the jurisdiction under the laws of which the entity is organized or established or, if not organized or established under the laws of any jurisdiction, the jurisdiction where it maintains its principal office.

  For more information on how to complete information for a Member FI via the FATCA registration website, see the online user guide available at www.irs.gov/fatca-registration.

Line 13a.   If the FI is the Common Parent Entity of the Expanded Affiliated Group, check "Yes" and go to Signature line. Otherwise, check "No" and complete line 13b. An Expanded Affiliated Group is generally defined in accordance with the principles of section 1504(a) of the Code to mean one or more chains of members connected through ownership by a Common Parent Entity if the Common Parent Entity directly owns stock or other equity interests meeting the requirements of Treasury Regulations section 1.1471-5(i)(4) in at least one of the other members (without applying the constructive ownership rules of section 318 of the Code). Generally, only a corporation shall be treated as the Common Parent Entity of an Expanded Affiliated Group, unless the taxpayer elects to follow the approach described in Treasury Regulations section 1.1471-5(i)(10).

Line 13b.   Enter the Legal Name of the Expanded Affiliated Group's Common Parent Entity. Also enter the FATCA ID (if known). If you do not know the FATCA ID of the Common Parent Entity, leave this blank.

Signature

The individual signing the registration form on behalf of the FI should check the box, enter his or her name in the space provided, and then sign on the signature line at the bottom. The form will not be processed if the name of the individual or the signature is missing.

For purposes of the signature line and the associated checkbox, the term “RO” means the individual with authority under local law to submit the information provided on behalf of the FI. In the case of FIs or FI branches not governed by a Model 1 IGA, this individual must also have authority under local law to certify that the FI meets the requirements applicable to the FI status or statuses identified on the registration form. The individual must be able to certify, to the best of his or her knowledge, that the information provided in the FI's registration is accurate and complete.

In the case of an FI, the individual must be able to certify that the FI meets the requirements applicable to the status(es) identified in the FI's registration. However, a Reporting FI under a Model 1 IGA that has branches (as identified in Part 1, line 9) that are located outside of a Model 1 IGA jurisdiction will also agree to the terms applicable to the statuses of such branches.

In the case of a Direct Reporting NFFE, the individual must be able to certify that the Direct Reporting NFFE meets the requirements of a Direct Reporting NFFE under Treasury Regulations section 1.1472-1(c)(3).

An RO (as defined for purposes of the signature line and the associated checkbox) can delegate authorization to complete the signature line and the associated checkbox by signing a Form 2848, Power of Attorney Form and Declaration of Representative, or other similar form or document (including an applicable form or document under local law giving the agent the authorization to provide the information required for the FATCA registration).

The RO identified in the signature line and the associated checkbox need not be the same individual identified as the RO on line 10 or line 11b.

By signing the registration form, the individual certifies that, to the best of his or her knowledge, the information submitted above is accurate and complete and that the individual is authorized to agree that the FI or Direct Reporting NFFE intends to comply with its FATCA obligations.


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