FATCA / AEOI Update. Current Status and Action Points for Cayman Entities. April 2016

Similar documents
FATCA: Impact on Cayman Islands Entities

Common Reporting Standard (CRS) The road continues

FATCA: Impact on Mauritius Entities

Impact of FATCA on Cayman Islands Entities

FATCA : Essentials and deadlines Overview of the main provisions and the key dates of the FATCA regulations

Bermuda and the Common Reporting Standard Issued by the Organisation for Economic Co- Operation and Development

Foreign Account Tax Compliance Act ( FATCA )

The British Virgin Islands and the Common Reporting Standard Issued by The Organisation for Economic Co-Operation and Development

Common Reporting Standard (CRS) The road continues

FATCA: An Update for STEP

Roundtable Discussion Foreign Account Tax Compliance Act (FATCA) Andrew Mitchel, Bob Rinninsland, Stan Ruchelman

Introduction to FATCA (Foreign Account Tax Compliance Act) Introduction to FATCA

FATCA Workshop for Portfolio Managers

Introduction to FATCA. Introduction to FATCA

11th Annual Domestic Tax Conference. 28 April 2016 New York City

FATCA: Why all Cayman Islands domiciled Investment Entities should act before the registration deadline of 31 December 2014

Self Certification for Entity Clients U.S. Foreign Account Tax Compliance Act (FATCA) and the OECD Common Reporting Standard (CRS)

US Regulations

The Cayman Islands and the Common Reporting Standard Issued by The Organisation for Economic Co-Operation and Development

A closer look at the final regulations and the path forward

Cayman Islands Automatic Exchange of Information (AEOI) Portal V3.0 User Guide

US FATCA and Its Impact on Retirement Funds. David W. Powell Principal Groom Law Group, Washington, DC

Explanations of Foreign Account Tax Compliance Acts (FATCA) and Common Reporting Standard (CRS) Terms used in the Application Form

FOREIGN ACCOUNT TAX COMPLIANCE ACT: FINAL REGULATIONS AND CURRENT DEVELOPMENTS

Foreign Account Tax Compliance Act Trust Update

IMPLICATIONS OF FATCA FOR CAYMAN ISLANDS ENTITIES

Tax Information Authority

Foreign Account Tax Compliance Act Steps to Compliance

Global Information Exchange FATCA Reporting Offering

Ministry of Finance Bermuda

Automatic Exchange of Information (AEOI) FATCA and CRS Explanatory Notes

STEP Lausanne / Luncheon Meeting FATCA and the Trust Industry - Current Practical Issues. Erol Baruh

How Thai Financial Institutions are Preparing for FATCA s 31 Dec Deadline

FATCA the final countdown

FATCA Service Offerings

Fiduciary and Investment Risk Management Association 28 th National Risk Management Training Conference

FORM 2C TRUST ACCOUNT AND ENTITY DECLARATION FORM

Tax compliance international exchange of information agreement. Entity self-certification form instructions

Article from: Taxing Times. October 2014 Volume 10, Issue 3

Foreign Account Tax Compliance Act (FATCA)

-Rohit Johri

Instructions to the Entity Self Certification Form

Foreign Account Tax Compliance Act (FATCA)

FATCA and CRS compliance Understanding the requirements

GUIDELINES FOR COMPLETION OF THE FATCA ENTITY SELF-CERTIFICATION FORM

Foreign Financial Institution Reporting: Are You Ready for the 2016 FATCA Deadlines?

ENTITY SELF CERTIFICATION FORM. Entity Participants

For accounts opened in Model 1 and Model 2 and NON-IGA Jurisdictions

Cayman Islands Mutual Funds

Foreign Account Tax Compliance Act (FATCA)

FATCA-QIA INTERACTION

IRS opens online FATCA registration system for financial institutions, issues related guidance

The FATCA Opportunity for Offshore Service Providers

The ID Register. CRS & FATCA Guide for Users. June 2017

Automatic Exchange of Information (AEOI) CRS and FATCA Regulatory Compliance Your Foundation in a Changing World

FIS: IT WOULD BE A FOLLY TO TREAT GATCA AS FATCA 2.0 WHITE PAPER

FATCA: THE 2014 HORIZON

Webinar: Common Reporting Standard. Game Plan for Compliance December 10, 2015

Certification for Entities

CRS FREQUENTLY ASKED QUESTIONS (FAQS)

Understanding the Practical Implications of FATCA on Trusts

Tax compliance international exchange of information agreement. Entity self-certification form

Account Opening Supplement - Tax Status

Information reporting and withholding: the impact of Foreign Account Tax Compliance Act (FATCA) on multinational organizations.

SWISS TRUSTEES AND B OARD MEMBERS OF FOUNDATIO NS HAVE TO PREPARE FOR F.A.T.C.A.

FATCA: The final regulations have landed let the games begin

Glossary. Canadian Financial Institution

Automatic Exchange of Information (AEI) Foreign Account Tax Compliance Act (FATCA)

Attorneys at Law. 11th Annual International Estate Planning Institute New York City, 12 & 13 March 2015

Final Guidance Notes on the administration of the US-UK Intergovernmental Agreement (IGA) issued by HMRC

The definitive source of actionable intelligence on hedge fund law and regulation

FATCA: Developments & Perspective

Briefing Note. Common Reporting Standard in the Cayman Islands - Application to Investment Entities (Revisited) June What is CRS?

Sight FATCA. line of. Frequently asked questions. table of contents. November 2, 2012

UPDATE. COMMON REPORTING STANDARD IN THE CAYMAN ISLANDS. What is CRS? Participating Jurisdictions

What Impact Will FATCA Have on Offshore Hedge Funds and How Should Such Funds Prepare for FATCA Compliance?

PART I - IDENTIFICATION OF ENTITY

January kpmg.com.mt

The Common Reporting Standard (CRS) A MOVE TO GLOBAL INFORMATION REPORTING

Part 1 Information about the Account Holder (Legal Entity) In this section of the form information about the account holder is inquired.

CRS/FATCA Entity Self-Certification

Who Must Provide Form W-8BEN-E

Global IRW Newsbrief Information reporting and withholding (IRW)

Foreign Account Tax Compliance Act: the Internal Revenue Service registration portal a walk through

FATCA for Trusts and Trustees

KPMG TaxWatch Webcast: Final FATCA Regulations The Compliance Challenge Is On

Hong Kong Implementation of Common Reporting Standard and Automatic Exchange of Information

FATCA market guide. How transfer agency can help you manage FATCA obligations

FATCA Identification Submitting a Form W-8BEN-E to ABN AMRO Clearing December 2014

Tax Information Form. Ausbil Investment Management Limited

FATCA Update: Final Regulations, IGAs and their Impact on Trusts and Trust Companies

FATCA: impact on data management. Dominique Tanner, Head of Business Development SIX Financial Information

Automatic Exchange of Information Entity Self-Certification Form

Guidance Notes on the requirements of the Intergovernmental Agreement between the United Arab Emirates and the United States

FATCA:INVESTMENT REPORTING AND IMPLICATIONS FOR CARIBBEAN FINANCIAL INSTITUTIONS

FATCA considerations for multinational non-financial corporate groups

W8-BEN-E Definitions and Validation Instructions

FATCA Update and its Global Reach

Instructions for the Requester of Forms W 8BEN, W 8BEN E, W 8ECI, W 8EXP, and W 8IMY

FATCA FAQ. 5. Is FATCA applicable to personal or business clients?

Transcription:

FATCA / AEOI Update Current Status and Action Points for Cayman Entities April 2016

Current Status of FATCA and CRS in Cayman Current Position - FATCA Model 1 Intergovernmental Agreements ( IGA s) were signed with the US and the UK in 2013. Second report for US IGA (for 2015) and first report for UK IGA is due 31 May 2016 (for 2014 and 2015). Version 2.1 of the FATCA Guidance Notes on the implementation/application of the Cayman IGAs were issued on 1 July 2015. Current Position - CRS Cayman Islands signed the Multilateral Competent Authority Agreement in October 2014. On October 20, 2015, the Cayman Islands enacted CRS into law with an effective date of January 1, 2016. The Cayman Islands are one of 56 committed early adopters of CRS. All Crown Dependencies and Overseas Territories are early adopters. Early adopters have to report in 2017 for the 2016 year. Limited guidance is expected from the Cayman Islands Tax Information Authority. Draft guidance notes were released in March 2016 and final guidance notes are expected to be released shortly. Primary reference should be made to the OECD CRS Commentaries. On April 8, 2016, the Cayman Islands TIA extended the timing for submitting notifications for UK FATCA (and US FATCA for entities established in 2015) to June 10, 2016, and for filing 2014 and 2015 UK FATCA and 2015 US FATCA returns until July 8, 2016. Previously the deadlines were April 30, 2016 and May 31, 2016, respectively. 2

The biggest challenge for Cayman funds - US investors Cayman released the list of participating jurisdictions on Dec 8, 2015 (an updated list is expected to be released shortly). This was needed for due diligence. 95 countries in total listed. The US is not a participating jurisdiction and there is considerable doubt as to when they will join. Most in industry expect this will not be for at least several years if ever. Any investor in a non participating jurisdiction is a challenge if they are a Passive NFFE or a Financial Institution. Biggest issue for Cayman funds is going to be US investors including documenting the US feeder fund invested into a Cayman master fund. Even if they have already been documented for US FATCA purposes investors in Cayman funds will need to be documented for CRS. Notably a controlling person is expected to be required on that form. In particular CRS has a concept of senior managing official which may apply to a lot of US feeder funds. Challenge will be getting forms signed and documentation complete. If there are no natural person(s) who exercise control of the Entity then the Controlling Person will be the natural person(s) who hold the position of senior managing official of the Entity Form documentation Which form(s) to request for a new investor and which forms for pre-existing investors is going to be a significant nuisance. Cayman issued a combined CRS/FATCA form on December 8, 2015 Need to have documented policies and procedures to ensure all parties involved in FATCA/CRS documentation are positioned to execute the requirements correctly. 3

FATCA / CRS Timeline Legend FATCA CRS FATCA and CRS 2016 2017 January 1, 2016 New account due diligence / identification onboarding procedures are required in order to comply with CRS April 30, 2017 Deadline to provide Cayman Competent Authority with: Name CRS classification Name, address, designation and contact detail of the principal point of contact. If there is any change to the information above, the Cayman Competent Authority needs to be notified immediately June 10, 2016 U.K. FATCA deadline for Cayman Islands FIs to notify the Cayman Islands TIA. U.S. FATCA notification deadline for Cayman Islands FIs established in 2015. June 30, 2016 Deadline for FFIs to complete remediation on preexisting accounts other than high-value individual account May 31, 2017 Deadline for submission for 2016 year FATCA report to Cayman Islands TIA for US reportable persons. Deadline for submission of 2016 year CRS report to Cayman Islands TIA. July 8, 2016 Deadline for submission for 2015 year FATCA report to Cayman Islands TIA for US reportable persons. Deadline for submission of 2014 and 2015 year FATCA report of UK reportable persons to Cayman Islands TIA. December 31, 2016 Deadline for FFIs to complete remediation on preexisting high-value individual accounts for CRS Deadline for sponsoring entities to register their sponsored entities on the IRS Portal and if required obtain GIINs for the sponsored entities. December 31, 2017 Deadline for FFIs to complete remediation on preexisting accounts other than high-value individual accounts for CRS. 4

Steps for Cayman Entities to prepare for CRS 1. Entity Classification Each Cayman entity will need to determine if they are a Financial Institution ( FI ) or a Non-Financial Foreign Entity ( NFFE ) under CRS. Generally, if an FI under FATCA, the entity will also be an FI under CRS. If an entity was a Passive NFFE or met an exempted category under FATCA, they need to review their classification under CRS to determine their status (e.g. certain Cayman investment managers/advisors). Notably, there is no sponsored entity option under CRS. 2. Registration Register with Cayman Authorities If an entity which was previously a Passive NFFE or exempt under FATCA and is determined to be an FI under CRS, they will need to register by April 30, 2017 with the Cayman Islands Tax Information Authority ( TIA ). Additionally, the CRS regulations imply that separate registration is needed for CRS 3. Complete US withholding tax / CRS self-certification forms A CRS form and the format is unclear currently is expected to be requested by counterparties, prime brokers, etc. 4. Due Diligence Ensure all New Account onboarding documents have been updated (due by 1 January 2016) for CRS by reviewing Subscription documents and PPM documents. Notably, any new account holder beginning January 1, 2016 needs to include a self certification of their CRS status for the account to be opened. This is noted on Page 16 of the Cayman CRS regs - With respect to New Individual Accounts, upon account opening, the Reporting Financial Institution must obtain a self-certification. Consistent with other countries Cayman is widely expected to allow 90 days for the self certification form to be validated. Remediate existing investors (account holders as of 31 December 2015) by various dates depending on type of investor and account balance - First remediation deadline is 31 December 2016 5

Steps for Cayman Entities to prepare for CRS (cont d) 5. Reporting File a CRS report by 31 May 2017 for reportable investors/account owners as of 31 December 2016. 6. Document Retention Review policies for retaining documentation for 6 years of each investor s CRS status (i.e. evidence that the entity has reviewed them for indicia) to ensure compliance with Cayman Regulations. 6

How we can assist KPMG Cayman Islands AEOI team provides insight and in-depth knowledge in the implementation of FATCA and CRS. We will ensure our clients have a clear understanding of the requirements and timelines. KPMG s services include: Written summary of FATCA and CRS obligations and requirements Entity classification analysis and assistance with GIIN registration (if required). Review or completion of US withholding tax forms (i.e. Forms W-9/W-8BEN-E/W-8IMY) and Self-Certification forms Review of PPM/Subscriptions documents to determine if FATCA or CRS compliant FATCA or CRS onboarding and remediation Assurance reviews of internal or administrator assessment of investors/account holders into the various categories FATCA or CRS reporting to Cayman TIA in XML format. 7

Contact information David Conen Partner, Tax KPMG Cayman Islands +1 345 914 4356 dgconen@kpmg.ky Gautam Ganeshan Senior Manager KPMG Cayman Islands +1 345 914 4481 gautamganeshan@kpmg.ky The following information is not intended to be written advice concerning one or more Federal tax matters subject to the requirements of section 10.37(a)(2) of Treasury Department Circular 230. The information contained herein is of a general nature and based on authorities that are subject to change. Applicability of the information to specific situations should be determined through consultation with your tax adviser. 8

Thank you kpmg.ky The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. a 2016 KPMG, Swiss a entity. Cayman All Islands rights reserved. partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ( KPMG International ), 9