Excluded Products/Accounts

The IGAs list products/accounts that are excluded from FATCA.

The technical term is, “Accounts Excluded from Financial Accounts”. Generally these exclusions are listed in section V, of Annex II of a IGA.

It may be that excluded accounts in the Common Reporting Standard mirror those identified in each jurisdiction’s FATCA Inter Governmental Agreement, only time will tell.

A jurisdiction under a Inter Governmental Agreement might enjoy all the exclusions identified on another IGAs. I say this because typically the IGAs contain the following inclusion to the list of “Accounts Excluded from Financial Accounts”:

Partner Jurisdiction Accounts. An account maintained in [Jurisdiction Name] and excluded from the definition of Financial Account under an agreement between the United States and another Partner Jurisdiction to facilitate the implementation of FATCA, provided that such account is subject to the same requirements and oversight under the laws of such other Partner Jurisdiction as if such account were established in that Partner Jurisdiction and maintained by a Partner Jurisdiction Financial Institution in that Partner Jurisdiction.”

As ever, opinions vary, so please get a legal opinion.

Australia
Account Held by an Estate
Certain Term Life Insurance Contracts
Complying Superannuation/FHSA Life Insurance Policy
Employee Share Scheme
Employee Share Trust
Escrow Accounts
Exempt Life Insurance Policy
FHSA
Funeral Policy
Non-Retirement Savings Accounts
Retirement Savings Account
Scholarship Plan
Austria
Account Held by an Estate
Accounts of Condominium Owners Associations
Certain Term Life Insurance Contracts.
Escrow Accounts
Non-Retirement Savings Accounts
Occupational Group Insurance Contracts Due to Sections 18F Thru 18J of the Austrian Insurance Supervisory Act
Retirement and Pension Account
Bahamas
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Barbados
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Belgium
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Shareholder’S Register For Nominal Shares as Required by the belgian Company Code Under Article 357 and 463
Stock-Options As Referred Under the Belgian Plan For Employment Act of March 26, 1999
Stock-Remuneration Plans Qualifying under the belgian Law of May 22, 2001
Bermuda
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Brazil
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Bulgaria
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Canada
Agriinvest Accounts
Deferred Profit Sharing Plans (DPSPs)
Eligible Funeral Arrangements
Escrow Accounts
Pooled Registered Pension Plans (PRPPs)
Registered Disability Savings Plans (RDSPs)
Registered Education Savings Plans (RESPs)
Registered Pension Plans (RPPs)
Registered Retirement Income Funds (RRIFs)
Registered Retirement Savings Plans (RRSPs)
Tax-Free Savings Accounts (TFSAs)
Cayman Islands
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Chile
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Costa Rica
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Curacoa
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Cyprus
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Czech Republic
A Supplementary Pension Insurance Account
A Supplementary Pension Savings Account
Account Held by an Estate
Escrow Accounts
Non-Retirement Savings Accounts
Pension Insurance
Retirement Savings Account
Tax Favored Private Life Insurance
Term Life Insurance
Denmark
Children’S Savings Accounts (Børneopsparingskonti)
Education Savings Accounts (Uddannelseskonti)
Pension Plans Covered by Chapter 1 of the Danish Pension Tax Act (Pensionsbeskatningsloven)
Property Savings Accounts (Boligopsparingskonti)
Property Savings Contacts (Boligsparekontrakter)
Self Pension Savings Account (Selvpensioneringskonti)
Estonia
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Finland
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
France
Accords de Participation
Certain Retirement Accounts or Products
Compte Courant Bloqué
Livret A and Livret Bleu
Livret D’Epargne Populaire
Livret de Développement Durable
Livret Jeune
Plan D’Épargne D’Entreprise / PEE and Plan D’Épargne Interentreprises / PEI
Plan D’Epargne Logement and Compte D’Epargne Logement
Plan D’Épargne Populaire / PEP
Plan D’Épargne Pour La Retraite Collectif / PERCO and Plan D’Épargne Pour La Retraite Collectif Interentreprises / PERCOI
Germany
Arrangements Under Section 1 of the Employers’ Retirement benefit Law (betriebsrentengesetz)
Arrangements Under the Law on Private Pension Plan Contracts Certification (Altersvorsorgeverträge-Zertifizierungsgesetz), Provided That Contributions to such Arrangement do not Exceed Fifty Thousand Euro (€50,000) in any Year.
Contracts With a Housing Savings Institution Under the Home Savings and Loan Associations Act (Gesetz Über Bausparkassen), Provided That the Annual Amount Saved is not in Excess of Fifty Thousand Euro (€50,000).
Escrow Accounts
Gibraltar
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Guernsey
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Honduras
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Hong Kong
Account Held by an Estate
Certain Term Life Insurance Contracts
Employee Share Purchase Scheme
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Share Appreciation Rights Scheme
Share Award Scheme
Share Option Scheme
Hungary
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Ireland
A PRSA Contract in Respect of A PRSA Product, Approved by the Revenue Commissioners Under Chapter 2A of Part 30 of the Taxes Consolidation Act 1997
A Retirement Benefit Scheme, Within the Meaning of Section 771 of the Taxes Consolidation Act 1997, Approved by the Revenue Commissioners for the Purposes of Chapter 1 of Part 30 of that Act.
An annuity Contract or A Trust Scheme or Part of A Trust Scheme Approved by the Revenue Commissioners Under Chapter 2 of Part 30 of the Taxes Consolidation Act 1997
An Approved Retirement Fund or an Approved Minimum Retirement Fund Provided for under a Retirement benefit Scheme, an annuity Contract or a PRSA as Approved Under Chapters 1, 2 or 2A of Part 30 of the Taxes Consolidation Act 1997
Employee Share Ownership Trusts – Approved by the Revenue Commissioners Under Chapter 2, Part 17 and Schedule 12 Taxes Consolidation Act 1997
Profit Sharing Schemes – Approved by the Revenue Commissioners Under Chapter 1, Part 17 and Schedule 11 Taxes Consolidation Act 1997
Save As You Earn Share Option Schemes – Approved by the Revenue Commissioners Under Chapter 3, Part 17 and Schedule 12A Taxes Consolidation Act 1997
Those Irish Approved Pension Schemes or Contracts Under Part 30 of the Taxes Consolidation Act 1997 or Approved Retirement Funds or Approved Minimum Retirement Funds That are Excluded From the Definition of Financial Account Pursuant to Article 1(S)(3)
Isle of Man
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Israel
Account Held by an Estate
Certain Employer-Funded Individual Study Provident Fund Accounts
Certain Other Individual Study Provident Fund Accounts
Certain Provident Fund Accounts
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Representative Body of Condominium Owners Account
Retirement and Pension Account
Workers’ Committee Account
Italy
Retirement Account
Jamaica
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Japan
Accounts or Products Under Qualified Employee or Executive Stock Option Plans which Conform to Article 29-2 or 29-3 of the Act on Special Measures Concerning Taxation of Japan
Corporate Pension Insurance, Contributory Group annuity Insurance, Group Endowment Insurance, Group Whole Life Insurance
Employee benefit Savings Insurance, Employee benefit Savings Trusts, Employee Fund Savings Insurance, and Employee Fund Savings Trusts
Employee or Executive Stock Ownership Plans Established in Japan Pursuant to Article 1-3-3 (5) of the order For Enforcement of Financial Instruments and Exchange Law
Employee Retirement Benefit Trusts
Employee Retirement Savings Accounts, Employee Housing Savings Accounts, and Employee Savings Accounts, Established Under the Act For Promotion of Worker’s Property Accumulation
Employee Stock Ownership Plan Trusts
Employees’ Stock Ownership Trusts
Individual Savings Account (“Isa Accounts”) as Defined in Article 37-14(5)1 of the Special Tax Measurement Law
Specified Accounts Based on the Act on Transfer of Bonds, Stocks, etc
Stock Ownership Plans Established For the Benefit of Significant Business Partners Established in Japan Pursuant to Article 1-3-3 (6) of the order For Enforcement of Financial Instruments and Exchange Law
Trusts which are Legally Required to be Established For Segregation of Funds From the Settlors’ Own Property for the Purpose of Keeping the Funds for Repayment in Case of the Settlors’ Bankruptcy
Jersey
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Latvia
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Liechtenstein
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Lithuania
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Luxembourg
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Malta
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Mauritius
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Mexico
Individual Retirement Accounts
Insurance Premiums For Retirement
Mandatory Savings Administered by Retirement Funds Administrators (AFORES)
Voluntary and Complementary Savings Administered by Retirement Funds Administrators (AFORES)
Moldova
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Netherlands
A Course of Life Account (Including a Levenslooprekening, Levensloopverzekering and a Levenslooprecht Van Deelneming) Concluded and Maintained prior to January 1, 2012.
A Kapitaalverzekering Eigen Woning (Endowment Insurance Connected with the Mortgage on the Owner-Occupied Home, as Described in Article 3.116 Income Tax Act 2001), a Spaarrecht Eigen Woning, A beleggingsrecht Eigen Woning (the Bank and Investment Equivalent of the Kapitaalverzekering Eigen Woning, as Described in Article 3.116A Income Tax Act 2001) and a Bouwdepot (Building Account)
A Stamrecht (Tax-Favored annuity For Severance benefits, as Described in Paragraph 1(G) of Article 11 and Article 11A of the Wage Tax Act 1964)
All Products offering Retirement benefits Under the Wage Tax Act 1964 (Wet Op de Loonbelasting 1964) or the Wage Tax Act beS (Wet Loonbelasting beS)
All Products That are Deductible in the Contribution Phase and Taxable in the Distribution Phase That are Covered by Articles 3.124, 3.125 and 3.126A of the Income Tax Act 2001 (Wet Inkomstenbelasting 2001) or Paragraphs 1(A) and 1(E) of Article 16 of the Income Tax Act beS (Wet Inkomstenbelasting beS)
an Alimony annuity, As Provided by Article 6.5 and Article 6.6 of the Income Tax Act 2001 (Wet Inkomstenbelasting 2001)
any Account Owned by an Entity Identified in Paragraph I of this Annex II
any Funeral Insurance Policy with a Premium of € 1,000 Per Year or Less
New Zealand
Account Held by an Estate
an Interest in a Trust Established in Accordance With Section 15S(1)(c) of the Tax Administration Act 1994 by A Tax Pooling Intermediary For the Purposes of Administering a “Tax Pooling Account” As Defined in Section Rp 17B of the Income Tax Act 2007
Certain Term Life Insurance Contracts
Escrow Accounts
Membership of the Whai Rawa Approved Retirement Savings Scheme Operated by Te Rūnanga O Ngāi Tahu
Non-Retirement Savings Accounts
Retirement and Pension Account
Norway
Group annuities Covered by Section 5-41 of the Norwegian Tax Act
Property Savings Accounts For Young People (Boligsparing For Ungdom)
Tax Favorable Pension Schemes (and Paid-Up Policies or Pension Assets Certificates) Covered by Section 6-45 of the Norwegian Tax Act
Poland
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Qatar
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Singapore
Account Held by an Estate
Central Provident Fund Investment Accounts
Certain Term Life Insurance Contracts
Child Development Accounts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Slovenia
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Reserve Fund Accounts. A Reserve Fund Account Under the Law of Property Code and the Housing Act Maintained in Slovenia
Retirement and Pension Account
South Africa
Account Held by an Estate
Certain Term Life Insurance Contracts
Compulsory annuities
Escrow Accounts
Living annuities
Non-Retirement Savings Accounts
Retirement and Pension Account
Spain
Accounts Held by Mutualidades de Previsión Social
Accounts Held by Pension Plans Described in Section I.C.
annuity Contracts which Substantiate Commitments on Pensions Under First Additional Provision of the Amended Text of the Law on Pension Funds and Pension Schemes (Legislative Royal Decree 1/2002 of 29Th November), Provided That the benefit Amount Is Established Pursuant to A Collective Bargaining Agreement between Employers and the Representatives of A Trade Union or Set Out by Law
Plan Individual de Ahorro Sistemático
Planes de Previsión Asegurados
Planes de Previsión Social Empresarial
Seguros de Dependencia
Sweden
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
Switzerland
Restricted Pension Plan Insurances (Pillar 3A) According to Article 1 Paragraph 1 of the Federal ordinance on the Tax Deductibility of Contributions to Restricted Pension Plans (BVV 3)
Retirement Accounts or Products Held by one or More Exempt Beneficial Owners
Vested benefits Insurances According to Article 10 Paragraph 2 of the Federal Vested benefits ordinance (FZV)
Turks and Caicos Islands
Account Held by an Estate
Certain Term Life Insurance Contracts
Escrow Accounts
Non-Retirement Savings Accounts
Retirement and Pension Account
United Kingdom
Child Trust Funds
Children’s Bonus Bonds
Company Share Option Plans
Fixed Interest Savings Certificates
Index Linked Savings Certificates
Individual Savings Accounts (ISAs)
Junior ISAs
Pension Schemes Registered With HMRC Under Part 4 of the Finance Act 2004 and Pension Arrangements where the Annual Contributions are Limited to £50,000 and Funds Contributed Cannot be Accessed before the Age of 55 Except in Circumstances of Serious Ill Health
Premium Bonds
Save As You Earn Share Option Schemes
Share Incentive Plans
Tax Exempt Savings Plans
Those That are UK – Registered Pension Arrangements

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