Foreign Account Tax Compliance Act (FATCA) Registration and FIN request

Part III - Administrative, Procedural, and Miscellaneous
Extension of Temporary Relief for Foreign Financial Institutions to Report U.S. Taxpayer
Identification Numbers
Notice 2024-78
SECTION 1. PURPOSE
This notice extends the temporary relief provided in Notice 2023-11, subject to
the procedures and requirements of this notice, for certain foreign financial institutions
(FFIs) required to report U.S. taxpayer identification numbers (U.S. TINs) for certain
preexisting accounts (as defined in an applicable Model 1 intergovernmental agreement
(IGA)). If an FFI in an eligible Model 1 IGA jurisdiction (as defined in section 3.04 of this
notice) complies with the procedures described in this notice, then the U.S. Competent
Authority will not determine there is significant non-compliance (described in Article 5(2)
or 5(3) of the relevant IGA) with the reporting Model 1 FFI’s obligations under the IGA
solely as a result of its failure to report U.S. TINs associated with its preexisting
accounts for the 2025, 2026, and 2027 calendar years.
The extension of the temporary relief granted by Notice 2023-11 is intended to
enable the Internal Revenue Service (IRS) to continue to collect and analyze additional
information for accounts without U.S. TINs. As with Notice 2023-11, to obtain the relief
provided by this notice, the reporting Model 1 FFI must use certain codes provided by
the IRS that identify features of these accounts that may explain why the reporting
Model 1 FFI does not report a U.S. TIN and must comply with other requirements set
forth in this notice. The IRS will continue to use this data to enhance IRS compliance
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procedures and to inform potential future options for reporting Model 1 FFIs who
continue to be unable to obtain and report the U.S. TIN for certain accounts. If
permanent relief is granted in the future, it is anticipated that the scope of the accounts
for which an FFI may obtain such relief will be narrower than the scope of accounts for
which relief is given under this notice.
SECTION 2. BACKGROUND
Chapter 4 of subtitle A of the Internal Revenue Code (Code) (commonly known
as the Foreign Account Tax Compliance Act, or FATCA) requires certain FFIs to report
to the IRS information about financial accounts held by U.S. taxpayers or foreign entities
in which U.S. taxpayers hold certain ownership interests. FATCA was enacted to
ensure U.S. taxpayers comply with their tax obligations.
The Department of the Treasury (Treasury Department) collaborated with foreign
governments to develop two alternative model intergovernmental agreements (the
Model 1 IGA and the Model 2 IGA) to facilitate the implementation of FATCA and avoid
legal impediments under local law that would otherwise limit an FFI’s ability to comply
with FATCA. The Model 1 IGA provides that a reporting Model 1 FFI reports certain
information on its U.S. reportable accounts to the Model 1 IGA jurisdiction tax authority,
which automatically exchanges the information with the U.S. Competent Authority.
A reporting Model 1 FFI that complies with its reporting and registration
obligations in accordance with the IGA is treated as complying with section 1471 of the
Code. One requirement is that the reporting Model 1 FFI reports the U.S. TIN of each
specified U.S. person that is an account holder and, in the case of a non-U.S. entity with
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one or more specified U.S. persons who are controlling persons, the U.S. TIN of each
controlling person for its U.S. reportable accounts (required U.S. TINs). The U.S. TIN of
a U.S. citizen is the individual’s U.S. Social Security number (SSN). Under Model 1
IGAs, a reporting Model 1 FFI that satisfies its reporting and registration obligations is
not subject to withholding under section 1471 of the Code unless the FFI is treated by
the IRS as a nonparticipating financial institution.
Transitional relief was implemented to provide time for reporting Model 1 FFIs to
obtain and report the required U.S. TINs for preexisting accounts, including the
publication of a series of codes (TIN Codes) a reporting Model 1 FFI could use to
populate the TIN field for certain missing required U.S. TINs. 1 The TIN Codes provide
the IRS with information intended to allow it to better understand the issues that FFIs
were facing in obtaining required U.S. TINs.
To extend additional transitional relief, on January 17, 2023, the IRS published
Notice 2023-11, 2023-3 I.R.B. 404, which provided temporary relief for the 2022, 2023,
and 2024 calendar years for reporting Model 1 FFIs in eligible Model 1 IGA jurisdictions
that were unable to obtain and report required U.S. TINs for preexisting accounts.
Notice 2023-11 required these reporting Model 1 FFIs to provide an accurate TIN Code
for each account that was missing a required U.S. TIN, in addition to other obligations
specified in the notice.

Reporting FAQ 6 (as of the publication date of this notice,
https://www.irs.gov/businesses/corporations/frequently-asked-questions-faqs-fatca-compliancelegal#reporting).
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For reporting Model 1 FFIs that complied with the requirements of Notice 202311, the U.S. Competent Authority would not determine there was significant noncompliance with the obligations under the applicable Model 1 IGA with respect to
reporting required U.S. TINs for preexisting accounts solely because of a failure to
obtain and report each required U.S. TIN for such accounts. This relief was limited to
reporting on preexisting accounts. It did not apply to U.S. reportable accounts opened
after the determination date specified in the applicable Model 1 IGA (new accounts),
including new accounts held by account holders of preexisting accounts.
The IRS continues to evaluate the reported TIN Codes and other information
provided by Model 1 FFIs to understand account characteristics that may make it
difficult for a reporting Model 1 FFI to obtain and report the required U.S. TINs.
However, the IRS believes additional information from TIN Code reporting in more
calendar years is necessary to develop future potential compliance options. The IRS
has also concluded that certain additional data points are necessary to ensure sufficient
individual identifiers are reported where required U.S. TINs are missing. Accordingly,
section 3 of this notice provides an additional three calendar years of the temporary
relief from the U.S. TIN reporting requirements for preexisting accounts provided the
reporting Model 1 FFI in an eligible Model 1 IGA jurisdiction complies with the
requirements of this notice.
SECTION 3. EXTENSION OF TEMPORARY U.S. TIN RELIEF
.01 Extension of relief for reporting on certain preexisting accounts that are U.S.
reportable accounts
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This notice extends, for calendar years 2025, 2026, and 2027, the temporary
relief provided in Notice 2023-11 for reporting Model 1 FFIs required to report U.S. TINs
for certain preexisting accounts, subject to the conditions set forth in this notice.
Reporting Model 1 FFIs that comply with sections 3.02 and 3.03 of this notice will not be
treated as in significant non-compliance with their obligations under an applicable Model
1 IGA solely because of the failure to report a required U.S. TIN with respect to a
preexisting account. Section 3.04 of this notice limits this relief to reporting Model 1
FFIs that are in an eligible jurisdiction that makes good faith efforts to increase the
likelihood that U.S. citizens residing in that jurisdiction will report their U.S. TINs to the
FFIs and that takes other steps specified in section 3.04.
This relief is limited to reporting on preexisting accounts. It does not apply to U.S.
reportable accounts opened after the determination date specified in the applicable
Model 1 IGA, including new accounts held by account holders of preexisting accounts.
Nothing in this notice prevents the U.S. Competent Authority from finding
significant non-compliance by reporting Model 1 FFIs that do not report required U.S.
TINs for preexisting accounts and that do not comply with the relief requirements of this
notice or Notice 2023-11, as applicable. Further, nothing in this notice or Notice 2023-11
prevents the U.S. Competent Authority from finding significant non-compliance due to a
failure to satisfy an obligation under the applicable Model 1 IGA other than a failure to
obtain and report each required U.S. TIN for preexisting accounts.
.02 Requirements for reporting Model 1 FFIs
To obtain the relief for preexisting accounts described in section 3.01 of this
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notice for the 2025, 2026, and 2027 calendar years, for each U.S. reportable account
(including new accounts) with a missing required U.S. TIN, the reporting Model 1 FFI
must do the following:
(1) obtain and report the date of birth of each account holder that is an individual
and controlling person whose U.S. TIN is not reported;
(2) annually request from each account holder any missing required U.S. TIN, as
described in further detail in section 3.03 below;
(3) annually search electronically searchable data maintained by the reporting
Model 1 FFI for any missing required U.S. TINs;
(4) report an accurate TIN Code for each account that is missing a required U.S.
TIN;
(5) if the FFI’s electronically searchable account information contains a foreign
taxpayer identification number (or functional equivalent) assigned to a taxpayer by its
country of residence (FTIN), report an FTIN for each specified U.S. person that is
missing a required U.S. TIN; and
(6) using the AddressFix element, as described further below, report the city and
country of residence for each specified U.S. person with a missing required U.S. TIN.
The AddressFix element is intended to be used generally for all address
reporting. To ensure conformity of data reporting and the IRS’s ability to process
reported data, reporting Model 1 FFIs should use AddressFix for all address information
to the extent possible and may use AddressFree as a supplemental element. However,
to comply with requirement (6) of this section, the only requirement is that the city and
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country of residence of the specified U.S. person must be included in AddressFix.
.03 Annual request for missing required U.S. TINs
Reporting Model 1 FFIs must also make annual requests for missing required
U.S. TIN information. To satisfy the requirement to make an annual request from each
account holder for missing required U.S. TINs, reporting Model 1 FFIs must use the
method of communication that is, in the FFI’s reasonable judgment, most likely to reach
the account holder. In addition, the communication must include either of the following:
•

the web address of the State Department’s Joint FATCA FAQs (as of the
publication date of this notice,
https://travel.state.gov/content/travel/en/international-travel/whileabroad/Joint-Foreign-Account-Tax-Compliance-FATCA-FAQ.html), 2 or

•

(i) a copy of the FAQs described in the preceding bullet and (ii) either
o a copy of the relief procedures provided by the IRS for certain
former citizens, or
o the web address for such procedures (as of the publication date of
this notice, https://www.irs.gov/individuals/internationaltaxpayers/relief-procedures-for-certain-former-citizens).

FFIs seeking to obtain relief under this notice for the 2025, 2026, and 2027
calendar years must retain records of the policies and procedures adopted to satisfy this

The Joint FATCA FAQs provide information on how to obtain an SSN, how to renounce U.S. citizenship,
and relevant U.S. tax consequences (including a link to the IRS’s relief procedures for certain former U.S.
citizens). Additionally, FFIs may wish to include a direct link for U.S. citizens and residents seeking to
obtain a U.S. TIN (as of the publication date of this notice, https://www.ssa.gov/foreign/foreign.htm).
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requirement and documentation that those policies and procedures were followed to
establish its compliance with the requirements of this section until the end of calendar
year 2031. To obtain the relief described in this notice, the FFI must also retain until
2031 any records or documentation adopted in previous years for the purpose of
obtaining relief under Notice 2023-11 to the extent applicable.
.04 Eligible Model 1 IGA jurisdictions
For a reporting Model 1 FFI to be eligible for the relief described in this section
with respect to reporting for a particular calendar year or other appropriate reporting
period, the applicable Model 1 IGA jurisdiction must make good faith efforts, by the date
that is nine months after the end of the calendar year to which the information relates, to
do the following:
(1) Encourage U.S. citizens resident in the jurisdiction to provide U.S. TINs to
FFIs when requested;
(2) Take measures to enforce compliance by reporting Model 1 FFIs identified by
the U.S. Competent Authority to the Model 1 IGA jurisdiction as potentially noncompliant;
(3) Encourage FFIs located in a Model 1 IGA jurisdiction to not discriminate
against U.S. citizens that do provide a U.S. TIN; and
(4) If notified by the U.S. Competent Authority, take steps to conclude Competent
Authority Arrangements with the U.S. Competent Authority, to implement an IGA,
amend an Annex II to an IGA, or exchange country-by-country information.
SECTION 4. PAPERWORK REDUCTION ACT
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The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) requires that a
federal agency obtain the approval of the Office of Management and Budget (OMB)
before collecting information from the public, whether such collection of information is
mandatory, voluntary, or required to obtain or retain a benefit. A federal agency may not
conduct or sponsor, and a person is not required to respond to, a collection of
information unless the collection of information displays a valid control number.
The collections of information contained within this notice are detailed in sections
3.02 and 3.03. These collections are necessary to provide temporary relief to FFIs
required to report U.S. TINs for certain preexisting accounts. These collections are
included with the OMB control number 1545-2246.
Books or records relating to a collection of information must be retained as long
as their contents may become material in the administration of any internal revenue law.
Generally, tax returns and tax return information are confidential, as required by section
6103 of the Code.
SECTION 5. DRAFTING INFORMATION
The principal authors of this notice are Ellen Hancock and Sarah Stein of the
Office of Associate Chief Counsel (International). For further information regarding this
notice, contact Ellen Hancock at (202) 317-5460 or Sarah Stein at (202) 317-4917 (not
a toll-free call).

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