iarann an banc soilsiú ar ioncam an bhrabúis i tír ar bith eile

FATCA and CRS: two declarations, one question

The bank requests in practice a declaration under FATCA and/or CRS: a statement of the countries where the enterprise is a tax resident, and — under CRS — sometimes also a classification of the entity (active or passive) plus, for a passive entity, the tax residence of the ultimate beneficial owners. This is not an assessment and not a tax assessment: the bank is required to record this during client due diligence, and your answer is a factual statement, not an opinion.

What exactly is asked varies per bank and per form: some banks use their own "self-certification", others a W-8BEN-E-like form for American relationships. Reusable in your file in any case: the country of incorporation, the tax residence country (usually the same, but not always), and the answer to the question of whether there is an American interest (American shareholder, American board member with decisive influence, or establishment in the US). If there is a passive entity or trust-like structure in the chain, then the tax residence of the UBOs is added — which is related to the question cé na bhuntábhachtaí deireannacha den fhiontair. If you don't have a ready-made declaration, then the incorporation and tax residence location from the Business Register is often sufficient basis to fill in the form yourself; a separate declaration from the tax authorities is not always necessary.

Cá bhfuil sin ag foluain: Wwft-dhréachtúchán cliant agus an Handelsregisterwet

The bank's obligation to ask this follows from client due diligence under the Law on Prevention of Money Laundering and Terrorist Financing, which requires the bank to know the tax position and control structure of its clients. The factual information about establishment and legal form that you provide here comes from the registration under the Business Register Act 2007. If you doubt whether a question about tax residence is actually a UBO question wrapped in different clothing, it helps to look at how the UBO information is filled in a questionnaire — the source question is often the same, only the packaging differs per bank.