Corporate News

The US Foreign Account Tax Compliance Act Fact Sheet

Thank you for your continuous support to Chong Hing Bank!
We would like to inform you that the Foreign Account Tax Compliance Act ("FATCA") will be effective from 1 July 2014.

 
 

FATCA Fact Sheet
1What is FATCA?
FATCA stands for the Foreign Account Tax Compliance Act. It is a United States ("US") legislation that primarily aims to prevent tax evasion by US taxpayers by using non-US financial institutions and offshore investment instruments. FATCA impacts financial institutions on a graduated implementation timeline. Customers of financial institutions will be first impacted on 1 Jul 2014.
2Which customers are affected by FATCA?
FATCA will mostly affect customers who are treated as US Persons1 for US tax purposes and customers who have been identified as having links to the US, such as with US nationality, place of birth in US, a US mailing address or a US telephone number. FATCA will also affect non-US entity customers who are substantially owned by US Persons.
3What do Banks have to do to comply with FATCA?
FATCA requires Banks to identify accounts held directly or indirectly by US Persons and to report the relevant account information to the US Internal Revenue Services (the "IRS"). In order to ascertain customers’ US or non-US tax status, FATCA requires Banks to collect additional information or documentation from customers. Where customers fail to provide the requested information or documentation, Banks are required to apply a 30% US withholding tax on certain types of US source income paid to such customers.
4What information may Banks report to the IRS?
Banks are required to report information on certain account holders, including name, address, US Taxpayer Identification Number, account number, account balance to the IRS directly or through the local competent authority. For a non-US entity substantially owned by US Persons, Banks are required to also report information of the entity’s US owners.
5What is the consequence if customers do not provide the requested information or documentation to the Banks?
Subject to applicable local laws, Banks would be required to report such account information on a pooled basis to the IRS directly or through the local competent authority. Banks would be required to apply a 30% US withholding tax on certain types of US source income paid to such customers. Banks may decline account opening applications or terminate services to such customers.
6What types of information or documentation that the Banks may request from customers?
Banks may request customers to provide US tax forms (W-8 / W-9 Forms) or a self-certification form to support the customers’ claim of their non-US or US tax status. Where applicable, banks may also request customers provide a consent form that enables the Banks to report relevant account information to the IRS.
7How and where can customers get additional assistance regarding FATCA?
Please note that the Banks are unable to offer US tax advice. For tax related questions, customers should seek advice from professional tax advisors or refer to the IRS website.

For any enquiry, please feel free to contact any of our branches or call our Customer Services Hotline at 3768-6888.

Chong Hing Bank Limited
Jun 2014