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From the year ended 31 December 2014 onwards, a large number of financial institutions and non-financial foreign entities have been under the obligation to collect, verify and report information on its customers to the Guernsey Tax Authorities. This requirement for reporting has been imposed by the Foreign Account Tax Compliance Act (FATCA) and other equivalent legislation.
Based on recommendations made by the US Congress, FATCA was enacted in 2010 as an instrument made available to the US tax authorities which aims to discourage tax evasion by US taxpayers investing through non-US financial institutions.
FATCA is a United States federal law that requires US persons, including individuals who live outside the US, to report their financial accounts held outside of the US, and requires Foreign Financial Institutions to report to the US Internal Revenue Service (IRS) about their US clients.
The scope is very broad and affects the following:
As privacy laws across the world very often conflict with FATCA the US Department of Treasury published model Intergovernmental Agreements (IGAs). These IGAs allow for the exchange of information between the US and the country signing the IGA. These IGAs allow foreign financial institutions to report information on US account holders directly to their national tax authorities who then report onto the IRS.
Guernsey, like Norway, Sweden, the United Kingdom and a number of other countries, has signed an IGA with the US to bring FATCA requirements into its national law.
Under the above IGA, Guernsey Financial Institutions report to the Guernsey Tax Authorities who then share the information with the US Tax Authorities.
Nordben Life and Pension Insurance Co. Limited (Nordben) is therefore registered with the IRS as an FFI participating in the FATCA program, which came into force with effect from 1 July 2014.
All products provided by Nordben with the exception of group life, disability and accident products fall within scope of the IGA detailed above.
The main requirements arising from the IGA detailed above is the identification and declaration of legal persons (i.e. companies and natural persons) meeting the criteria as defined in the IGA as well as the reporting of balances and payments in respect of those persons that are identified.
The requirements contained in the IGA is as follows:
It should be noted that the guidance notes to the IGA state that it is not necessary to obtain specific indicia for each new employee that enters into a Group Plan (i.e. a Member of an International Pension Plan) unless the Group Plan has fewer than 25 employees OR the aggregate amount payable to the employee or beneficiary exceeds USD 1,000,000. However, when a benefit payment is made, Guernsey Financial Institutions must ensure that all recipients who have not previously been fully identified do undertake the due diligence procedures to identify any “specified” US person.
If Nordben contacts a policyholder/account holder for self-certification of their tax status and the request is not fulfilled, Nordben will be required to declare the surname, first name and date of birth of these policyholders/account holders to the Guernsey Tax Authorities if their assets exceed USD 250,000 (or equivalent) as we will not hold information to confirm they are not a specified US person.
Please note that we are not in a position to provide any tax advice and recommend that you contact your tax advisor for further information on the IGAs and their possible implications for you