Treasury and Trade Solutions

Guidelines for Completion of

the FATCA/CRS Entity
Self-certification Form
The following guidelines for completion of the form are provided for reference purposes
and do not represent tax advice. Certain definitions may vary depending upon the
jurisdiction in which the entity’s account is maintained. Please consult with your tax or
legal advisor should you need assistance in identifying the relevant beneficial owner or
FATCA status for your organization and/or completing this Form.

FATCA: The Foreign Account Tax to their local tax authority who will
Compliance Act (FATCA) requires financial automatically exchange that information
institutions to implement enhanced with the tax authority in the client’s tax
customer due diligence processes with residence country or countries.
the goal of identifying U.S. Persons.
Certain jurisdictions have enacted
Guidelines for Part 1 – Entity/Organization
intergovernmental agreements (IGAs) to
Details
simplify these requirements.
1. Name of Entity or Organization: Enter
This Form should only be completed by an
the full legal name of the entity owning the
Active NFFE, a Publicly Traded NFFE or
account.
Affiliate of a Publicly Traded NFFE opening
an offshore depository account in a Model 2. Country of Incorporation or
1, Model 2 or non-IGA jurisdiction. This Organization: If the entity is a corporation,
Form applies only to an offshore depository enter the country of incorporation. If it is
account. An offshore depository account another type of entity, enter the country
is a bank deposit account at an office of a under whose laws it is created, organized
bank located outside of the United States. or governed.
A list of countries with which the 3. TIN/EIN: Enter the U.S. EIN if the entity
United States has an intergovernmental has one; otherwise enter the entity’s
agreement in effect can be found on the foreign EIN.
U.S. Department of Treasury web site at:
http://www.treasury.gov/resource-center/ 4. Permanent Residence Address:
tax-policy/treaties/Pages/FATCA-Archive. Enter the permanent residence address
aspx of the entity identified in (1) above. The
permanent residence address is the
CRS: The Common Reporting Standard address in the country in which the entity
(CRS) is a G-20 driven initiative to combat claims to be a resident for purposes of the
global tax evasion among participating country’s income tax. Do not show the
countries and is coordinated by the address of a financial institution (unless
Organization for Economic Cooperation you are a financial institution providing
and Development (OECD). CRS is often your own address), a post office box or an
referred to as a global expansion of address used solely for mailing purposes
FATCA which was enacted to combat US unless it is the only address used by the
tax evasion. The core element of CRS is entity and such address appears in the
the automatic exchange of customer tax entity’s organizational documents (i.e.,
information among participating countries. the entity’s registered address). If the
CRS requires that all clients complete a entity does not have a tax residence in any
new Self-Certification form to document country, the permanent residence address
the client’s country of tax residency. is the location of the entity’s principal place
Financial institutions will be required to of business.
report various client account information
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5. Country: Recognized country of the Traded NFFE (as defined below) having
entity’s permanent residence address. an offshore depository account only, the
appropriate box should be checked. Such
6. Postal/Zip Code: Post code, zip code or
an entity need only complete this FATCA/
local equivalent for permanent residence
CRS Entity Self-Certification Form. No
address.
Form W-8BEN-E will be required from such
7. Mailing Address: If different from entity.
Permanent Residence Address, enter the
If the entity has a custodial account holding
address to which correspondence should
securities, the entity must complete the
be sent.
appropriate Form W-8 and CRS Self-
8. Country: Recognized country of the Certification instead and should not
entity’s mailing address. complete this Form.
9. Postal/Zip Code: Post code, zip code or Entities having all other FATCA statuses
local equivalent for mailing address. must complete the appropriate Form W-8
and CRS Self-Certification instead and
10. Country/Countries of tax residence:
should not complete this Form.
Where the entity is treated as a resident of
the country for purposes of that’s country’s U.S. entities must complete Form W-9 and
income tax. Entity must include a (TIN) CRS Self-Certification instead and should
or equivalent. If not available, then an not complete this Form.
appropriate reason must be provided.
Definitions and a listing of certain FATCA
Disregarded or fiscally-transparent entity statuses and other terms are set forth on
information: the following page.
• A disregarded entity is an entity that is
disregarded as an entity separate from FATCA Statuses and Other Definitions
its single owner for U.S. tax purposes.
Depository Account
A non-U.S. entity (other than a per se
A Depository Account generally includes
foreign corporation) is classified by
checking accounts, savings accounts, time
default as a disregarded entity if its
deposit accounts, or any other instrument
single owner has unlimited liability.
received for placing money in a financial
Alternatively, an eligible entity can
institution for which such institution is
make an election to be treated as a
obligated to give credit.
disregarded entity on a Form 8832 filed
with and approved by the IRS. A fiscally Passive Income
transparent entity is generally a foreign Income generated from a passive activity,
partnership, a foreign simple trust or a such as investments or a rental property or
foreign grantor trust. a business in which the taxpayer does not
materially participate. Examples of passive
• If the entity is a disregarded entity or a
income include dividends, interest, rents,
fiscally-transparent entity for U.S. tax
royalties, and annuities.
purposes do not complete this form.
Instead the beneficial owner of the NFFE
disregarded entity should complete a A non-financial foreign entity is a non-U.S.
Form W-8 or W-9, as well as the CRS Self- entity that is not a financial institution.
Certification.
Active NFFE
The entity is an NFFE that is resident in
Guidelines for Part 2A – FATCA Status a country that has an intergovernmental
agreement in effect with the United States
Select the entity’s FATCA status by
as well as an entity that meets any of the
checking the appropriate line. If you
following criteria:
require assistance in determining the
entity’s FATCA status, please consult with • Less than 50 percent of the NFFE’s gross
your tax or legal advisor. income for the preceding calendar year
or other appropriate reporting period
If the entity is an Active NFFE, a Publicly-
is passive income and less than 50
Traded NFFE or an Affiliate of a Publicly-
percent of the assets held by the NFFE
during the preceding calendar year or

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other appropriate reporting period are If a business entity (other than a per se
assets that produce or are held for the foreign corporation) has only one owner,
production of passive income. it is classified as either a corporation or
a disregarded entity. If the single owner
does not have limited liability, the non-U.S.
Publicly Traded NFFE or Affiliate of a
entity is disregarded as an entity separate
Publicly Traded NFFE
from its owner and the single owner should
The entity is a non-US corporation that is complete the applicable U.S. tax form in
not a financial institution; and its own name. If the single owner does
have limited liability, the non-U.S. entity is
• The stock of such corporation is regularly classified as a corporation.
traded on one or more established
securities markets, Non-U.S. business entities that have two
or more members are classified as either a
Or corporation or a partnership. If no member
• The entity is a related entity (i.e., member of the business entity has unlimited liability
of the same expanded affiliated group) to for the debts of the entity, the entity has
an entity the stock of which is regularly a default classification of a Corporation.
traded on an established securities If any member has unlimited liability, the
market. business entity has a default classification
of a partnership.
Passive NFFE
The entity is a non-U.S. entity that is not a Business entities, other than per se foreign
financial institution and does not qualify as corporations, may elect to be classified
an Active NFFE. in a manner different from their default
classification (a disregarded entity, a
FFI partnership or a corporation) by filing a
A custodial institution, depository check-the-box election on Form 8832 with
institution, investment entity, specified the IRS. If such an election has been made,
insurance company, relevant holding the elected classification applies (and not
company or a treasury company. the default classification) for purposes of
Nonparticipating FFI completing Form W-8.
A nonparticipating FFI is a Foreign Financial Private Foundation – a charitable
Institution that is not a participating FFI, organization described in Internal Revenue
Reporting Model 1 FFI, Reporting Model 2 Code Section 509. A private foundation
FFI, deemed-compliant FFI, or an exempt is an exempt organization under Internal
beneficial owner. Revenue Code Section 501(c)(3). It is not a
public charity and generally does not solicit
Guidelines for Part 2B – Beneficial Owner funds from the public.
Status Tax Exempt Organization – an organization
An entity which meets the definition of that is exempt from tax under Internal
Active NFFE contained above in Part 2A Revenue Code Section 501(c)(3). Such
of these Guidelines and having only an an organization must be organized and
offshore depository account, and which operated solely for exempt purposes set
is able to certify to such Active NFFE forth in Section 501(c)(3), and none of the
FATCA status will not need to provide a organization’s earnings can inure to any
Form W-8BEN-E. Instead, the entity will private shareholder or individual.
indicate its Beneficial Owner status in this Estate – generally a tax-paying entity
section by checking the appropriate box. that holds all of the assets of a decedent
The determination of the tax classification pending distribution in accordance with the
of the entity must be made on U.S. tax terms of a Will or pursuant to state or other
principles. jurisdictional law.
A non-U.S. business entity is a “per se” Complex Trust – a trust that does not meet
foreign corporation, if it is a type of entity the definition of a Simple Trust. Generally,
described in Treasury Regulations section a Complex Trust may accumulate income,
301.7701-2(b)(8) for the country in which distribute amounts other than current
the entity is incorporated. income and may make deductible payments

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for charitable purposes. of a Publicly- Traded NFFE and complete

the securities market information.
Foreign Central Bank of Issue – defined in
Treasury Regulations 1.895-1(b)(1) as a bank
which is by law or government sanction Guidelines for Part 5 - Certification and
the principal authority, other than the Signature
government itself, issuing instruments
The Form must be completed, signed and
intended to circulate as currency. Such a
dated by an authorized representative
bank is generally the custodian of banking
or officer of the entity identified
reserves of its country.
in Part 1. By signing the Form, the
Government – the governing body of a authorized representative or officer
political unit or organization for a state or of the entity certifies to the entity’s
a country. FATCA status, consents to information
and document sharing, and makes the
If you require assistance determining your
bolded certifications under penalties of
entity’s Beneficial Owner status, you should
perjury. The authorized representative or
consult with your tax or legal advisor.
officer completing the Form must check
the certification at the end of the Form
Guidelines for Part 3 – Active NFFE to certify that he/she has the capacity
Certification to make the certifications in Part 3 or
Part 4 and to sign the Form on behalf
Check the line to certify if the entity is an
of the entity. By signing this Form, the
Active NFFE.
authorized representative or officer also
agrees to provide a new Form within 30
Guidelines for Part 4- Publicly Traded NFFE days following a change in circumstances
or Affiliate of a Publicly Traded NFFE affecting the correctness of this Form. This
Part should only be completed by an Active
Check the appropriate line to certify if the NFFE, a Publicly-Traded NFFE or Affiliate
entity is a Publicly-Traded NFFE or Affiliate of a Publicly-Traded Corporation having an
offshore depository account.

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