Form 8957 - Foreign Account Tax Compliance Act (FATCA) Registration

Form 8957 - Foreign Account Tax Compliance Act (FATCA) Registration

Instructions for 8957

Form 8957 - Foreign Account Tax Compliance Act (FATCA) Registration

OMB: 1545-2246

Document [pdf]
Download: pdf | pdf
AH XSL/XML

Userid: CPM
Schema: instrx Leadpct: 100%
Fileid: … ns/I8957/201307/A/XML/Cycle02/source

Pt. size: 9

Page 1 of 4

Draft
Ok to Print
(Init. & Date) _______

12:23 - 24-Apr-2013

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Instructions for Form 8957

Department of the Treasury
Internal Revenue Service

(July 2013)

Foreign Account Tax Compliance Act (FATCA) Registration
Section references are to the Internal Revenue
Code unless otherwise noted.

Future Developments

For the latest information about
developments related to Form 8957 and
its instructions, such as legislation
enacted after they were published, go to
www.irs.gov/form8957.

General Instructions
Purpose of Form

Form 8957 is used by a financial institution
to register with the IRS as a participating,
registered deemed compliant, or
sponsoring entity. In connection with its
registration, the financial institution, if
approved, will be issued a global
intermediary identification number (GIIN)
and will be listed on the IRS FFI List
available at www.irs.gov/FATCA/ no
sooner than July 1, 2013.

Where To Apply
Online registration. For faster service, a
financial institution is encouraged to
register online at www.irs.gov/FATCA/
xxxx. By registering online, a financial
institution will be able to register with the
IRS and may be issued a GIIN within X
days.
Paper Form 8957 registration. Send
Form 8957 and all required attachments
to:
Internal Revenue Service
FATCA, Stop 6099 AUSC
3651 South IH 35
Austin, Texas 78741
We will contact you after 30 days if there
will be a delay in processing your
registration. You can call (xxx) xxx-xxxx
(not a toll free number) and select the
FATCA registration option if you have any
questions regarding your registration.
Note. If the financial institution’s
registration is approved, the financial
institution will be required as a part of its
FATCA agreement to create an online
account at www.irs.gov/FATCA.

Who Is Not
Eligible To Register



Apr 24, 2013

Special Rules
Model 1 IGA (Select Registered
Deemed Compliant). Reporting
Financial Institutions that are located in a
Model 1 IGA jurisdiction (see List of
Jurisdictions at www.irs.gov/FATCA/
Model1IGA) should register itself as
registered deemed compliant.
Model 2 IGA (Select PFFI). Reporting
Financial Institutions that are located in a
Model 2 IGA jurisdiction (see List of
Jurisdictions at www.irs.gov/FATCA/
Model 2IGA) should register itself as a
participating FFI.
Sponsoring Entities (May have to reg­
ister twice). An FFI that is both a
Sponsoring Entity and that is also a FI that
would otherwise need to register as a
participating or registering deemed
compliant FI will need to submit two
registration forms. The first registration
application should be completed to
register itself as a participating or
registering deemed compliant FI,
whichever is applicable. The second
registration application should be
completed as a sponsoring entity. The FI
will receive two different GIINs and should
only use the GIIN issued to it as a
Sponsoring Entity when it is fulfilling its
obligations as a sponsoring entity.

What to Know Before
You Begin Completing
Form 8957

There are four parts to the FATCA
registration form. Not all parts of the Form
will be required to be completed
depending on the type of registering
financial institution.
Part 1 of Form 8957 must be
completed by all Financial Institutions (FIs)
and will provide basic identifying
information about each FI. Part 2 of Form
8957 must be completed by a Lead FI to
identify each Member FI of its Expanded
Affiliated Group.
Part 2 of Form 8957 must be
completed by a Lead FI to identify each
Member FI of its Expanded Affiliated
Group. Part 2 will only apply to a Lead FI
and should not be completed by an entity
that identifies itself as a Single FI, Member
FI, or Sponsoring Entity.
Part 3 of Form 8957 must be
completed by FIs that have a Qualified
Intermediary (QI), Withholding Foreign
Partnership (WP), or Withholding Foreign
Trust (WT) agreement in effect, and that
Cat. No. 37778V

wish to renew their respective
agreements. Part 3 will only apply to FIs
that are already QIs, WPs, or WTs.
Note. A financial institution that would like
to apply to become a first-time QI, WP, or
WT may do so by completing Form 14345
in accordance with the instructions
therein. For more information about QIs,
WPs, and WTs, see Publication 515.
Part 4 of Form 8957 must be
completed by all FIs and requires the FI to
certify that the information provided in the
FATCA Registration Form is accurate and
complete and to agree to comply with its
FATCA obligations.
Note. As you go through Form 8957,
please pay careful attention to the
Instructions to Form 8957.

Specific Instructions
PART I
Line 1. Financial Institution Type
A Single FI is a financial institution that is
not included in an Expanded Affiliated
Group of foreign financial institutions (FFI
Group).
A Lead FI is a financial institution that
is a member of an FFI Group that will
initiate and manage the online registration
process for each member of the FFI
Group. The Lead FI will be required to
identify each of its Member FIs in Part II of
Form 8957. After Form 8957 is submitted
the IRS will provide the Lead FI with a
FATCA ID for it and for each of its Member
FIs identified in Part II of the registration
form. The FATCA ID should be provided
to each of its Member FIs so that the
Member FIs may register.
A Member FI is a financial institution
that is included in an FFI Group and that is
not the Lead FI for the FFI Group. The
Lead FI and any Member FI(s) are
assigned a unique FATCA ID. In order to
register, the Member will need to obtain its
FATCA ID from its Lead FI.
Note. A Member FI may only register
after its Lead FI has registered and been
issued a FATCA ID.
A Sponsoring Entity is an entity that
will perform the due diligence, withholding,
and reporting obligations of one or more

Page 2 of 4

Fileid: … ns/I8957/201307/A/XML/Cycle02/source

12:23 - 24-Apr-2013

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

sponsored foreign financial institutions
(FFIs).
Note. If you are a sponsoring entity that
also maintains financial accounts or is a
member of an FFI Group, you will need to
register twice with the IRS and will be
provided two separate GIINs. First, you
should register as a Single, Member or
Lead FI and complete the registration
process required for the selected type.
Second, you should start a new
registration application and select
Sponsoring Entity and complete all
questions consistent with your activities as
a sponsoring entity. The GIIN that is
issued to you as a Sponsoring Entity
should only be used when you are
performing your obligations as a
sponsoring entity.

Line 2. Legal Name of Financial
Institution
Enter the legal name of the FI. The legal
name is the name of the FI used in official
incorporation or organization documents,
or the name otherwise recognized by the
government as the entity's official name.
Typically, the legal name is the name used
by the FI in legal documents.

Line 3. What is the Financial
Institution’s country of residence
for tax purposes?

Example. Bank A, a financial
institution, is a tax resident of Country X. In
addition to banking activities that it
conducts within Country A, Bank A also
conducts banking activities through
branches in Countries Y and Z. Under
Country X laws, Bank A cannot satisfy the
obligations that would allow its operations
within Country X (home office) to be
effectively a participating or registered
deemed compliant FI. However, Bank A’s
branches in Countries Y and Z would be
able to comply with the obligations
imposed on a participating or registered
deemed compliant FI. For purposes of
registering itself and to obtain a reporting
GIIN for its branch operations in Countries
Y and Z, Bank A should select that it is
classified as a Limited Financial Institution
in its country of tax residence.
Sponsoring Entities or US Financial In­
stitutions. An FI that is registering as a
Sponsoring Entity or a US financial
institution that maintains a QI branch or a
branch in a Model 1 IGA must check
“None of the Above”, irrespective of how it
is otherwise classified in its country of tax
residence.
Reporting FI under a Model 1 IGA. An
FI that is tax resident in a jurisdiction that
has in effect a Model 1 IGA and that is
treated as a reporting FI pursuant to the
terms of the IGA must check “Registered
Deemed Compliant FI”.

Enter the FI’s country of residence for tax
purposes. This is the country in which the
FI is treated as a resident for income tax
purposes (for example, the place of
incorporation or principal management
and control). If the FI is a dual resident,
identify one of the countries where it is a
tax resident in this question and identify
the second country of tax residence in
question 8 or 9, as appropriate, by treating
the second tax residence country as a
branch jurisdiction.

Line 5. Mailing Address of
Financial Institution

Line 4. Select the Financial
Institution's FATCA classification
in its country of tax residence

Check Qualified Intermediary (QI) if the
FI is a party to a withholding agreement
with the IRS.

FIs (other than a sponsoring entity or
a USFI) that have operations in multi­
ple jurisdictions. An FI that maintains
branch operations outside of its country of
tax residence, should answer this question
by treating the operations within its
country of tax residence as if it were a
branch (home office) and then classify
whether such home office is participating,
registered deemed compliant, or limited.
In question 8 or 9 of the registration form,
the FI should identify the jurisdictions
where it maintains branches outside of its
country of tax residence and which, if any,
of its branches will be treated as limited
branches.

Enter the mailing address of the FI. The
address provided will be used by the IRS
for all mail correspondence related to your
FATCA registration, FATCA account, and
any other related matters.

Line 6. Indicate whether the
Financial Institution is QI, WP, WT
or none of the above.

Check Withholding Foreign
Partnership (WP) if the FI is a foreign
partnership that has entered into a
withholding agreement with the IRS.
Check Withholding Foreign Trust
(WT) if the FI is a foreign grantor trust or
foreign simple trust that has entered into a
withholding agreement with the IRS.
If QI, WP or WT is selected also
provide the employer identification
number (EIN) that it was issued to the FI
by the IRS for purposes of identifying itself
when it is acting in its capacity as a QI,
WP, or WT. Additionally, indicate whether
­2­

the FI intends to maintain its status as a
QI, WP, or WT.
An FI that does not have in effect a
withholding agreement with the IRS to be
treated as a QI, WP, or WT should check
“Not Applicable”.
Sponsoring entities. If you are
applying as a Sponsoring Entity, you must
check “Not Applicable”.

Line 7. Does the Financial
Institution maintain a branch in a
jurisdiction outside of its country
of tax residence?
Select “Yes” if the FI maintains a branch
outside of its country of tax residence. A
branch is a unit, business, or office of an
FFI that is treated as a branch under the
regulatory regime of a country or is
otherwise regulated under the laws of
such country as separate from other
offices, units, or branches of the FFI and
that maintains books and records
separate from the books and records of
other branches of the FFI.
Sponsoring entities. If you are
applying as a Sponsor, you do not need to
answer questions about your branches
and should check “No”

Line 8. Is the Financial Institution a
tax resident of the United States or
does it maintain a branch in the
United States (other than the U.S.
territories)?
Check “Yes” if the FI maintains a branch
within the United States. For purposes of
registration, the term United States means
the United States of America, including the
States thereof and the District of
Columbia, but does not include American
Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, or the U.S. Virgin
Islands.

Line 9a. List each jurisdiction
(other than the United States) in
which the Financial Institution
maintains a branch
Identify each jurisdiction where the FI
maintains a branch outside of the United
States, including if the FI maintains a
branch in American Samoa, Guam, the
Northern Mariana Islands, Puerto Rico, or
the U.S. Virgin Islands.

Line 9b. Is the Branch a Limited
Branch?
Indicate whether each branch listed is a
limited branch. A limited branch generally
is a branch that under the laws of the

Page 3 of 4

Fileid: … ns/I8957/201307/A/XML/Cycle02/source

12:23 - 24-Apr-2013

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

jurisdiction in which is it located is unable
to: (1) report, close, or transfer U.S.
accounts that it maintains to another
branch or financial institution that may
otherwise report on the account, or (2)
withhold, block, or close an account held
by a recalcitrant account holder or
nonparticipating FFIs or otherwise transfer
the account to another branch or financial
institution that would be able to withhold or
report.
Note. An FFI that becomes a
participating FFI with one or more limited
branches will cease to be a participating
FFI (and shall be removed from the IRS
FFI List) after December 31, 2015, unless
otherwise provided pursuant to Model 1
IGA or Model 2 IGA.

Line 9c. If the branch is currently
covered by a QI agreement, does
the Financial Institution intend to
maintain QI status for that branch?
Check “Yes” if the branch operates under
an attachment to the FI's QI, WP or WT
agreement and if it intends to renew its
status as such.
Check “No” if the branch operates
under an attachment to the FI's QI, WP or
WT agreement and does not intend to
renew its status as such.
Check “Not Applicable” if the branch is
not part of an FI that is a QI, WP or WT.

Line 10. Provide information about
the FATCA Responsible Officer
(RO) for the Financial Institution
Identify the responsible officer (RO) of the
FI or FFI Group with sufficient authority to
ensure that the FI meets the obligations or
requirements of the applicable FI status
type that it is registering for. The address
provided should be the business address
of the RO.
Insert the name, title, address and
contact information of a Responsible
Officer (RO) of your the FFI. The address
provided should be the business address
of the RO. The business address is
defined as the address where the RO
maintains his or her principal office.
With respect to a Participating FFI, a
Responsible Officer (RO) is an officer of
any participating FFI or reporting IGA
Model 1 FFI in the participating FFI’s
Expanded Affiliated Group with sufficient
authority to fulfill the duties of a
Responsible Officer described in the FFI’s
FFI Agreement, which include the
requirement to periodically certify to the
IRS that the FFI is in compliance with its
requirements under an FFI Agreement.

With respect to a Registered Deemed
Compliant FFI, a Responsible Officer
(RO) is an officer of any Deemed
Compliant FFI or participating FFI in the
Deemed Compliant FFI’s Expanded
Affiliated Group with sufficient authority to
ensure that the FFI meets the applicable
requirements of a Registered Deemed
Compliant FFI.
With respect to a Participating FFI
that elects to be part of a consolidated
compliance program, a Responsible
Officer (RO) is an officer of the
compliance FI with sufficient authority to
fulfill the duties of a responsible officer
described in the FFI Agreement on behalf
of each FFI in the compliance group.
Lead FIs. The RO for a Lead FI will
automatically be treated as a
point-of-contact (POC) for the FI and for
any Member FI of the FFI Group. As a
result, the RO for a Lead FI may receive
correspondence from the IRS related to
each Member FIs FATCA information.

Line 11a. Does the RO wish to
designate one or more additional
POCs for the Financial Institution?
The Financial Institution’s RO will be a
point of contact (POC) for the Financial
Institution. In addition, the RO of a
Financial Institution registering as a Lead
of all or part of an Expanded Affiliated
Group will be a POC for each Member of
that group.
Check “Yes” and complete question
11b, if the FI wants to appoint more than
the responsible officer to be a POC for the
FI. A POC will be authorized to receive
FATCA registration and other related
FATCA correspondence from the IRS.
Check “No” if the FI wants the IRS to
send correspondence only to the
responsible officer.
A Point of Contact (POC) is an
individual authorized by a Responsible
Officer of an FFI to receive FATCA related
information regarding the FFI, complete
the FFI’s Form 8957: FATCA Registration,
obtain tax information related to the FFI
and take other FATCA-related actions on
behalf of the FFI.

Line 11b
Enter the legal name and address of the
POC. The address provided should be the
business address of the POC.
Note. The check box used to authorize a
POC must be completed by a Responsible
Officer of the FI and should identify the
name of the individual checking the box in
Line 11.
­3­

PART II: To Be Completed by
Lead FIs Only

Lead FFIs only: Do not complete PART II
of this Form. Part II must be completed
using the online FATCA Registration
System which is available at www.irs.gov/
fatca. A Lead FFI may access the online
registration system upon receipt of its
FATCA ID Number.

Line 12. Provide the following for
each Financial Institution member
of the expanded affiliated group
This question 12 (Part II) should only
be completed by Lead FIs. All other
applicants should skip this question 12
(Part II).
Enter the legal name, country of tax
residence and member type for each
member of the FFI’s expanded affiliated
group.
The legal name is the name of the
member used in official incorporation or
organization documents, or the name
otherwise recognized by the government
as the entity's official name. Typically, the
legal name is the name used by the
member in legal documents.
The country of residence for tax
purposes is the country in which the
member is treated as a resident for
income tax purposes (for example, the
place of incorporation or principal
management and control).
Please use additional sheets and
attach them to this Form, if the Expanded
Affiliated Group has more than five FI
Members.

PART III: For Renewal of
Existing Agreements for QIs,
WPs or WTs Only

Part III (Questions 13-15) should not be
completed by an applicant registering for
Sponsoring Entity status. Additionally, Part
III should only be completed by a Lead or
Member FI that currently has in effect a QI,
WP, or WT agreement and that wishes to
renew its agreement. Applicants that
would like to apply to become a new QI,
WP, or WT should visit www.irs.gov/xxxx
for more information about how to apply.

Line 13. Has QI/WP/WT's legal
name changed since the effective
date of its most recent QI/WP/WT
Agreement?
Check “Yes” if the QI/WP/WT has
changed its legal name since the date of
its most recent QI/WP/WT Agreement. If
you select yes, also provide the new legal

Page 4 of 4

Fileid: … ns/I8957/201307/A/XML/Cycle02/source

12:23 - 24-Apr-2013

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

business name of the QI/WP/WT and the
reason for the name change.
Check “No” if the QI/WP/WT has not
changed its legal name since the date of
its most recent QI/WP/WT Agreement.
If a name change has taken place,
select the reason for the change.

Line 14. Responsible Party
The Responsible Party is the person
responsible for performance of the entity
under the terms of the QI, WP, or WT
agreement. Enter the name, business title
and contact information for FFI’s
Responsible Party as identified in the FFI’s
most recent QI/WP/WT Agreement.
Check “Yes” if the Responsible Party is
the same individual listed as the FFI’s RO
in Question 10.
Check “No” if the Responsible Party
differs from the individual listed as the
FFI’s RO in Question 10.

Line 15. Identify any private
arrangement intermediary (PAI)
contracts that are effective
Enter the legal name and address of the
PAI. The legal name is the name the PAI
used in official incorporation or

organization documents, or the name
otherwise recognized by the government
as the entity's official name. Typically, the
legal name is the name used by the PAI in
legal documents.
The address of the PAI is the address
where the PAI maintains its principle
office.
If there are no PAI contracts leave this
line blank.
A private arrangement intermediary
(PAI) contract is a private arrangement
between a QI and another intermediary
under which the other intermediary agrees
to perform all of the obligations of the QI
under the QI Agreement.

Part IV: Signature

The individual signing the registration form
on behalf of the applicant should fill-in the
blank line with his or her name and sign
the penalties of perjury statement. The
form will not be processed if the name of
the individual or signature is missing.
Paperwork Reduction Act Notice. We
ask for the information on this form to carry
out the Internal Revenue laws of the
United States. You are required to give us
the information. We need it to ensure that
you are complying with these laws and to

­4­

allow us to figure and collect the right
amount of tax.
You are not required to provide the
information requested on a form that is
subject to the Paperwork Reduction Act
unless the form displays a valid OMB
control number. Books or records relating
to a form or its instructions must be
retained as long as their contents may
become material in the administration of
any Internal Revenue law. Generally, tax
returns and return information are
confidential, as required by section 6103.
The time needed to complete and file
this form will vary depending on individual
circumstances. The estimated average
time is:
Recordkeeping . . . . . . .

7 hr., 24min.

Learning about the law
or the form . . . . . . . . . .

18 min.

Preparing and sending
the form to the IRS . . . .

25 min.

If you have comments concerning the
accuracy of these time estimates or
suggestions for making this form simpler,
we would be happy to hear from you. See
the instructions for the tax return with
which this form is filed.


File Typeapplication/pdf
File TitleInstructions for Form 8957 (Rev. July 2013)
SubjectInstructions for Form 8957, Foreign Account Tax Compliance Act (FATCA) Registration
AuthorW:CAR:MP:FP
File Modified2013-04-24
File Created2013-04-24

© 2024 OMB.report | Privacy Policy