Documentary Evidence

CRS

The term “Documentary Evidence” includes any of the following:
 
 
 

a) a certificate of residence issued by an authorised government body (for example, a government or agency thereof, or a municipality) of the jurisdiction in which the payee claims to be a resident.

b) with respect to an individual, any valid identification issued by an authorised government body (for example, a government or agency thereof, or a municipality), that includes the individual’s name and is typically used for identification purposes.

c) with respect to an Entity, any official documentation issued by an authorised government body (for example, a government or agency thereof, or a municipality) that includes the name of the Entity and either the address of its principal office in the jurisdiction in which it claims to be a resident or the jurisdiction in which the Entity was incorporated or organised.

d) any audited financial statement, third-party credit report, bankruptcy filing, or securities regulator’s report.

FATCA

The term documentary evidence means documents, other than a withholding certificate or written statement, that a documents, other than a withholding certificate or written statement, that a withholding agent is permitted to rely upon to determine the chapter 4 status of a person in accordance with §1.1471-3(c)(5). person in accordance with
 
 

§1.1471-3(c)(5)
Requirements for documentary evidence [§1.1471-3(c)(5)]
Documentary evidence with respect to a payee is only reliable if it contains sufficient information to support the payee’s claim of chapter 4 status. (5)(i) Foreign status

[§1.1471-3(c)(5)(i)]
Acceptable documentary evidence supporting a claim of foreign status includes the following types of documentation if the documentation contains a permanent residence address for the person named on the documentation (or indicates the country in which a person that is an individual is a resident or citizen or the country in which a person that is an entity has a permanent residence or is incorporated or organized, if the withholding agent has otherwise obtained a current permanent residence address for the person)-

(i)(A) Certificate of residence [§1.1471-3(c)(5)(i)(A)]
A certificate of residence issued by an appropriate tax official of the country in which the payee claims to be a resident that indicates that the payee has filed its most recent income tax return as a resident of that country;

(i)(B) Individual government identification [§1.1471-3(c)(5)(i)(B)]
With respect to an individual, any valid identification issued by an authorized government body (for example, a government or agency thereof, or a municipality), that is typically used for identification purposes;

(i)(C) QI documentation [§1.1471-3(c)(5)(i)(C)]
With respect to an account maintained in a jurisdiction with anti-money laundering rules that have been approved by the IRS in connection with a QI agreement (as referenced in §1.1441-1(e)(5)(iii)), any of the documents other than a Form W-8 or W-9 referenced in the jurisdiction’s attachment to the QI agreement for identifying individuals or entities;

(i)(D) Entity government documentation [§1.1471-3(c)(5)(i)(D)]
With respect to an entity, any official documentation issued by an authorized government body (for example, a government or agency thereof, or a municipality); and

(i)(E) Third-party credit report [§1.1471-3(c)(5)(i)(E)]
For a payment made with respect to an offshore obligation to an individual, a third-party credit report that is obtained pursuant to the conditions described in §1.1471-4(c)(4)(ii).

(5)(ii) Chapter 4 status [§1.1471-3(c)(5)(ii)]

Acceptable documentary evidence supporting an entity’s claim of chapter 4 status includes

(ii)(A) General documentary evidence [§1.1471-3(c)(5)(ii)(A)]
With respect to an entity other than a participating FFI or registered deemed-compliant FFI, any organizational document (such as articles of incorporation or a trust agreement), financial statement, third-party credit report, letter from a government agency, or statement from a government website, agency, or registrar (such as an SEC report) to the extent permitted in paragraphs (d) and (e) of this section;

(ii)(B) Preexisting account documentary evidence [§1.1471-3(c)(5)(ii)(B)]
[Reserved]. For further guidance, see §1.1471-3T(c)(5)(ii)(B).
With respect to a preexisting obligation of an entity, any classification in the withholding agent’s records with respect to the payee that was determined based on documentation supplied by the payee (or other person receiving the payment) or a standardized industry coding system and that was recorded by the withholding agent consistent with its normal business practices for AML or another regulatory purpose (other than for tax purposes), to the extent permitted by paragraph (d) of this section and provided there is no U.S. indicia associated with the payee for which appropriate curing documentation has not been obtained as set forth in paragraph (e) of this section; and

(ii)(C) Payee-specific documentary evidence [§1.1471-3(c)(5)(ii)(C)]
A letter from an auditor or attorney with a location in the United States that is not related to the withholding agent or payee and is subject to the authority of a regulatory body that governs the auditor’s or attorney’s review of the chapter 4 status of the payee, any bankruptcy filing, corporate resolution, copy of a stock market index or other document to the extent permitted in the specific payee documentation requirements in paragraph (d) and (e) of this section.

 

 

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s