FATCA – QI – CRS

With a view to combating cross-border tax fraud and tax evasion, the Grand Duchy of Luxembourg has adopted the various European and international regulations relating to the exchange of information and tax transparency.

As a financial institution, Banque Internationale à Luxembourg S.A. (BIL) must comply with the various regulations, including FATCA and the Qualified Intermediary regime, as well as the various European Directives on Administrative Cooperation (DAC).

FATCA – Foreign Account Tax Compliance Act

The purpose of the US “FATCA” (Foreign Account Tax Compliance Act) and the Model 1 Intergovernmental Agreement (“IGA”) signed on 28 March 2014 between Luxembourg and the United States and enacted in Luxembourg through the law of 24 July 2015 is the automatic exchange of information between the Grand Duchy of Luxembourg and the United States of America. Under this law, the bank is obliged to identify its Account Holders in accordance with the due diligence obligations described in Annex I of the FATCA Agreement, and to file a FATCA declaration annually with the Luxembourg Inland Revenue (ACD).

This involves the mandatory international exchange of information between relevant tax authorities regarding:

• financial accounts held with Financial Institutions in Luxembourg by citizens or residents of the United States of America for tax purposes;
• financial accounts held with US Financial Institutions by Luxembourg residents for tax purposes.

To this end, each legal entity or legal arrangement domiciled in Luxembourg must identify its FATCA status and be able to provide this information to the ACD upon request. The FATCA status chosen will determine the due diligence and reporting obligations that must be met.

The GIIN numbers assigned to BIL group entities are listed below and also published on the IRS website, which lists financial institutions that comply with FATCA legislation:

QI – Qualified Intermediary

Pursuant to the QI agreement and in accordance with the double taxation treaty between your country of tax residence and the United States (US Income Tax Treaties from A to Z), you can seek to benefit from the treaty in terms of US withholding tax levied on certain income (e.g., interest, dividends) from a US source. If the beneficial owner is an entity, it will also have to meet the limitations of benefits stated in the said treaty and summarized by the IRS in its Tax treaties tables (Table 4). Instructions and official IRS forms needed to request the application of a double taxation treatyies with the United States are available below.

Please note that you must determine for yourself whether you meet the conditions required to apply for the tax benefits set out in the double taxation treaty.

CRS – Common Reporting Standard

The Common Reporting Standard (CRS) is a standard for the automatic exchange of information on financial accounts developed by the OECD, enacted in Luxembourg law pursuant to the Law of 18 December 2015 relating to the Common Reporting Standard (CRS). The aim is tax transparency through the automatic exchange of financial account information in the field of taxation with the member states of the European Union and other partner jurisdictions of Luxembourg.

It entails the mandatory international exchange of information between competent tax authorities regarding:

• financial accounts held with Financial Institutions in Luxembourg by residents for tax purposes of CRS Participating Jurisdictions;
• financial accounts held with Financial Institutions in CRS Participating Jurisdictions by Luxembourg residents for tax purposes.

The CRS obliges Financial Institutions to identify their clients and to transmit information to the tax authorities concerning the identity of each person who is resident for tax purposes in a Jurisdiction subject to declaration, as well as their account number, account balance and related financial income.

In order to comply with the requirements of the various regulations applicable in this regard, BIL is required to collect information (while respecting your personal data) by means of the various self-certification forms, official IRS forms and any corroborating document that the bank deems necessary to fulfil our obligation to document the accounts and assets held at our establishment.

Under the various regulations, BIL is not authorised to provide tax advice to its clients. If you are in any doubt about your tax status, we would therefore ask you to consult your independent tax adviser.