FATCA Non Individual Form
FATCA Non Individual Form
Type of address given at KRA 3Residential or Business 3Residential 3Business 3Registered Office
“Address of tax residence would be taken as available in KRA database. In case of any change, please approach KRA & notify the changes”
City of incorporation
Country of incorporation
Entity Constitution Type a Partnership Firm b HUF c Private Limited Company d Public Limited Company e Society f AOP/BOI
Please tick as appropriate g Trust H Liquidator h Limited Liability Partnership i Artificial Juridical Person z Others specify ________________
Identification Type
Country Tax Identification Number% (TIN or Other%, please specify)
%
In case Tax Identification Number is not available, kindly provide its functional equivalent$.
In case TIN or its functional equivalent is not available, please provide Company Identification number or Global Entity Identification Number or GIIN, etc.
In case the Entity's Country of Incorporation / Tax residence is U.S. but Entity is not a Specified U.S. Person, mention Entity's
exemption code here
1. We are a, GIN
Financial institution6 3Note: If you do not have a GIIN but you are sponsored by another entity, please provide your sponsor's
or GIIN above and indicate your sponsor's name below
Direct reporting NFE7 3Name of sponsoring entity
(please tick as appropriate)
PART B (please fill any one as appropriate “to be filled by NFEs other than Direct Reporting NFEs”)
1. Is the Entity a publicly traded company (that is, a company Yes 3
(If yes, please specify any one stock exchange on which the stock is regularly traded)
whose shares are regularly traded on an established
securities market) Name of stock exchange________________________________________________________
4. Is the Entity a passive4 NFE Yes 3 (If yes, please fill UBO declaration in the next section.)
Nature of Business____________________________________________________________
1
Refer 2a of Part D | 2Refer 2b of Part D | 3Refer 2c of Part D | 4Refer 3(ii) of Part D | 6Refer 1 of Part D | 7Refer 3(vii) of Part D | 10
Refer1A of Part D
UBO Declaration
Category (Please tick applicable category): Unlisted Company
3 Partnership Firm
3 Limited Liability Partnership Company
3
# If passive NFE, please provide below additional details. (Please attach additional sheets if necessary)
PAN / Any other Identification Number Occupation Type - Service, Business, Others
DOB - Date of Birth
(PAN, Aadhar, Passport, Election ID, Govt. ID, Driving LicenceNREGA Job Card, Others) Nationality
Gender - Male, Female, Other
City of Birth - Country of Birth Father's Name - Mandatory if PAN is not available
# Additional details to be filled by controlling persons with tax residency / permanent residency / citizenship / Green Card in any country other than India:
* To include US, where controlling person is a US citizen or green card holder
%
In case Tax Identification Number is not available, kindly provide functional equivalent
4
Refer 3(iii) of Part D | 5Refer 3(vi) of Part D | 11
Refer 3(iv) (A) of Part D
Certification
I / We have understood the information requirements of this Form (read along with the FATCA & CRS Instructions) and hereby confirm that the information provided by me / us on this Form
is true, correct, and complete. I / We also confirm that I / We have read and understood the FATCA & CRS Terms and Conditions below and hereby accept the same.
Name
Designation
Place ______________________
1 Financial Institution (FI) - The term FI means any financial institution that is a Depository Institution, Custodial Institution, Investment Entity or Specified Insurance company, as
defined.
• Depository institution: is an entity that accepts deposits in the ordinary course of banking or similar business.
• Custodial institution is an entity that holds as a substantial portion of its business, holds financial assets for the account of others and where it's income attributale to holding
financial assets and related financial services equals or exceeds 20 percent of the entity's gross income during the shorter of-
(i) The three financial years preceding the year in which determination is made; or
(ii) The period during which the entity has been in existence, whichever is less.
• Investment entity is any entity:
• That primarily conducts a business or operates for or on behalf of a customer for any of the following activities or operations for or on behalf of a customer
(I) Trading in money market instruments (cheques, bills, certificates of deposit, derivatives, etc.); foreign exchange; exchange, interest rate and index instruments;
transferable securities; or commodity futures trading; or
(ii) Individual and collective portfolio management; or
(iii) Investing, administering or managing funds, money or financial asset or money on behalf of other persons;
or
• The gross income of which is primarily attributable to investing, reinvesting, or trading in financial assets, if the entity is managed by another entity that is a depository
institution, a custodial institution, a specified insurance company, or an investment entity described above.
An entity is treated as primarily conducting as a business one or more of the 3 activities described above, or an entity's gross income is primarily attributable to investing, reinvesting, or
trading in financial assets of the entity's gross income attributable to the relevant activities equals or exceeds 50 percent of the entity's gross income during the shorter of :
(i) The three-year period ending on 31 March of the year preceding the year in which the determination is made; or
(ii) The period during which the entity has been in existence.
The term “Investment Entity” does not include an entity that is an active non-financial entity as per codes 03, 04, 05 and 06 - refer point 2c.)
• Specified Insurance Company: Entity that is an insurance company (or the holding company of an insurance company) that issues, or is obligated to make payments with respect
to, a Cash Value Insurance Contract or an Annuity Contract.
• FI not required to apply for GIIN:
A. Reasons why FI not required to apply for GIIN:
Code Sub-category
01 Governmental Entity, International Organization or Central Bank
02 Treaty Qualified Retirement Fund; a Broad Participation Retirement Fund; a Narrow Participation Retirement Fund; or a Pension Fund of a Governmental Entity, International
Organization or Central Bank
03 Non-public fund of the armed forces, an employees' state insurance fund, a gratuity fund or a provident fund
04 Entity is an Indian FI solely because it is an investment entity
05 Qualified credit card issuer
06 Investment Advisors, Investment Managers& Executing Brokers
07 Exempt collective investment vehicle
08 Trustee of an Indian Trust
09 FI with a local client base
10 Non-registering local banks
11 FFI with only Low-Value Accounts
12 Sponsored investment entity and controlled foreign corporation
13 Sponsored, Closely Held Investment Vehicle
14 Owner Documented FFI
A company is publicly traded if its stock are regularly traded on one or more established securities markets
(Established securities market means an exchange that is officially recognized and supervised by a governmental authority in which the securities market is located and that has a
meaningful annual value of shares traded on the exchange)
The NFE is a related entity of an entity of which is regularly traded on an established securities market;
C. Active NFE : (is any one of the following):
Code Sub-category
01 Less than 50 percent of the NFE's gross income for the preceding financial yearis passive income and less than 50 percent of the assets held by theNFE during the preceding
financial year are assets that produce or are held for the production of passive income;
02 The NFE is a Governmental Entity, an International Organization, a Central Bank, or an entity wholly owned by one or more of the foregoing;
03 Substantially all of the activities of the NFEconsist of holding (in whole or in part) the outstanding stock of, or providing financing and services to, one or more subsidiaries
that engage in trades or businesses other than the business of a Financial Institution, except that an entity shall not qualify for this status if the entity functions as an
investment fund, such as a private equity fund, venture capital fund, leveraged buyout fund, or any investment vehicle whose purpose is to acquire or fund companies and
then hold interests in those companies as capital assets for investment purposes;
04 The NFE is not yet operating a business and has no prior operating history, but is investing capital into assets with the intent to operate a business other than that of a Financial
Institution, provided that the NFE shall not qualify for this exception after the date that is 24 months after the date of the initial organization of the NFE;
05 The NFE was not a Financial Institution in the past five years, and is in the process of liquidating its assets or is reorganizing with the intent to continue or recommence
operations in a business other than that of a Financial Institution;
06 The NFE primarily engages in financing and hedging transactions with, or for, Related Entities that are not Financial Institutions, and does not provide financing or hedging
services to any Entity that is not a Related Entity, provided that the group of any such Related Entities is primarily engaged in a business other than that of a Financial
Institution;
07 Any NFE that fulfills all of the following requirements:
• It is established and operated in India exclusively for religious, charitable, scientific, artistic, cultural, athletic, or educational purposes; or it is established and operated
in India and it is a professional organization, business league, chamber of commerce, labor organization, agricultural or horticultural organization, civic league or an
organization operated exclusively for the promotion of social welfare;
• It is exempt from income tax in India;
• It has no shareholders or members who have a proprietary or beneficial interest in its income or assets;
The applicable laws of the NFE's country or territory of residence or the NFE's formation documents do not permit any income or assets of the NFE to be distributed to, or
applied for the benefit of, a private person or non-charitable Entity other than pursuant to the conduct of the NFE's charitable activities, or as payment of reasonable
compensation for services rendered, or as payment representing the fair market value of property which the NFE has purchased; and The applicable laws of the NFE's
country or territory of residence or the NFE's formation documents require that, upon the NFE's liquidation or dissolution, all of its assets be distributed to a governmental
entity or other non-profit organization, or escheat to the government of the NFE's country or territory of residence or any political subdivision thereof.
Explanation.- For the purpose of this sub-clause, the following shall be treated as fulfilling the criteria provided in the said sub-clause, namely:-
(I) an Investor Protection Fund referred to in clause (23EA);
(II) a Credit Guarantee Fund Trust for Small Industries referred to in clause 23EB; and
(III) an Investor Protection Fund referred to in clause (23EC),
of section 10 of the Act;
3. Other definitions
(v) Specified U.S. person – A U.S person other than the following:
(i) a corporation the stock of which is regularly traded on one or more established securities markets;
(ii) any corporation that is a member of the same expanded affiliated group, as defined in section 1471(e)(2) of the U.S. Internal Revenue Code, as a corporation described in clause (i);
(iii) the United States or any wholly owned agency or instrumentality thereof;
(iv) any State of the United States, any U.S. Territory, any political subdivision of any of the foregoing, or any wholly owned agency or instrumentality of any one or more of the
foregoing;
(v) any organization exempt from taxation under section 501(a) of the U.S. Internal Revenue Code or an individual retirement plan as defined in section 7701(a)(37) of the U.S. Internal
Revenue Code;
(vi) any bank as defined in section 581 of the U.S. Internal Revenue Code;
(vii) any real estate investment trust as defined in section 856 of the U.S. Internal Revenue Code;
(viii) any regulated investment company as defined in section 851 of the U.S. Internal Revenue Code or any entity registered with the U.S. Securities and Exchange Commission under
the Investment Company Act of 1940 (15 U.S.C. 80a-64);
(ix) any common trust fund as defined in section 584(a) of the U.S. Internal Revenue Code;
(x) any trust that is exempt from tax under section 664(c) of the U.S. Internal Revenue Code or that is described in section 4947(a)(1) of the U.S. Internal Revenue Code;
(xi) a dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the
laws of the United States or any State;
(xii) a broker as defined in section 6045(c) of the U.S. Internal Revenue Code; or
(xiii) any tax-exempt trust under a plan that is described in section 403(b) or section 457(g) of the U.S. Internal Revenue Code.
Code Sub-category
A An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)
C A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities
D A corporation the stock of which is regularly traded on one or more established securities markets, as described in Reg. section 1.1472-1(c)(1)(i)
E A corporation that is a member of the same expanded affiliated group as a corporation described in Reg. section 1.1472-1(c)(1)(i)
F A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such
under the laws of the United States or any state
H A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
K A broker
L A trust exempt from tax under section 664 or described in section 4947(a)(1)
M A tax exempt trust under a section 403(b) plan or section 457(g) plan