03.02 – Active NFFEs

Under the International Tax Compliance (United States of America), Regulations 2013 an NFFE can qualify as “Active” under one of nine criteria in Annex 1 of the Agreement [AnnI.VI.B.4. a) to i)] (see Section 2.6 of the US Guidance).
The definition of an “Active” NFFE is different in the International Tax Compliance (Crown Dependencies and Gibraltar) Regulations 2014 as only seven of these criteria apply, and one criterion has been expanded.

NFFEs that will be “Active” for reporting to the US, but not for the Isle of Man, Guernsey, Jersey and Gibraltar are the following: