The Standard for the Automatic Exchange of Information on Financial Accounts (Common Reporting Standard, CRS) is a standard for the automatic exchange of financial information for tax purposes, developed by the Organization for Economic Cooperation and Development (OECD). CRS is the international equivalent of FATCA, aimed at increasing tax transparency and preventing global tax evasion. In May 2016, the Russian Federation confirmed its participation in the implementation of the CRS requirements.
«MC «GeoCapital», Ltd. Co. 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 Participating Financial Institution not covered by an IGA (FATCA).
«MC «GeoCapital», Ltd. Co. has been assigned a Global Individual Identification Number in a Foreign tax authority (GIIN): MCWUVI. 99999. SL. 643
The FATCA law requires American taxpayers located abroad, including individuals, to inform the US Internal Revenue Service about their accounts outside the US and asks foreign financial organizations in relation to the US to inform the IRS about the presence of these persons among their clients.
In order to comply with the requirements of the Federal Law «On the Specifics of Financial Transactions with Foreign Citizens and Legal Entities, on Amendments to the Code of Administrative Offences of the Russian Federation and the Invalidation of Certain Provisions of Legislative Acts of the Russian Federation», «MC «GeoCapital», Ltd. Co. approved the "Regulation on the criteria for classifying clients as a client - a foreign taxpayer and how to get the necessary information from them» https://geocapital.ru/disclosure/upravlyayushchaya-kompaniya/dokumenty-i-prochie-soobshcheniya/
More detailed information about FATCA is available on the website of the US Internal Revenue Service at the link: http://www.irs.gov/businesses/corporations/foreign-account-tax-compliance-act-fatca
On establishing the status of clients for CRS purposes:
The CRS, developed by the OECD, is aimed at preventing global tax evasion using offshore jurisdictions and ensuring transparency of information. On May 12, 2016, the Federal Tax Service of Russia, on behalf of the Russian Federation, signed a multilateral agreement of competent authorities on the automatic exchange of financial information and confirmed its intention to start exchanging information for 2017 in 2018.
The Tax Code of the Russian Federation has been supplemented with provisions (Federal Law No. 340-FZ of November 27, 2017), according to which Russian financial market organizations are required to identify clients who are tax residents of foreign states (territories) and submit data on such clients and their accounts to the Federal Tax Service of Russia, and clients, in turn, are required to provide this information at the request of «MC «GeoCapital», Ltd. Co.
In order to confirm tax residency, clients who have concluded a financial market service agreement with «MC «GeoCapital», Ltd. Co. must fill out self–certification forms in order to identify clients who are foreign taxpayers.
In accordance with Article 142.4 of the Tax Code of the Russian Federation: if a person concluding a contract with the Tax Code of the Russian Federation providing for the provision of financial services fails to provide the information requested in accordance with this chapter, «MC «GeoCapital», Ltd. Co. has the right to refuse to conclude such an agreement with this person.
«MC «GeoCapital», Ltd. Co.has the right, if the client fails to provide the information requested in accordance with Chapter 20.1 of the Tax Code of the Russian Federation, to refuse to perform transactions carried out in favor of or on behalf of the client under an agreement providing for the provision of financial services, and (or) in cases provided for by this chapter, to unilaterally terminate the agreement providing for provision of financial services by notifying the client no later than one business day following the day of the decision.
«MC «GeoCapital», Ltd. Co. has the right to unilaterally terminate the contract concluded with the client providing for the provision of financial services if, as a result of the measures provided for in paragraph 1 of Article 142.4 of the Tax Code of the Russian Federation, if it reveals the unreliability or incompleteness of the information provided by the client or comes to the conclusion that the information provided by the client contradicts the information available to «MC «GeoCapital», Ltd. Co., including those obtained from other publicly available sources of information.
«MC «GeoCapital», Ltd. Co. is a financial institution, and therefore cannot provide tax consulting services and on issues of determining tax residency, according to the requirements of FATCA and CRS.
Additional information can be found on the OECD portal on automatic information exchange (including a list of jurisdictions that have joined the OECD Standard). Link to information on tax residency issues for different countries on the OECD portal: http://www.oecd.org/tax/automatic-exchange/crs-implementation-and-assistance/tax-residency/#d.en.347760.
Положение о критериях отнесения клиентов к категории клиента-иностранного налогоплательщика и способах получения необходимой информацииРазмещено 06/01/2020