FATCA at Moodys Gartner Tax Law 1 | Page 19

FATCA, IRS forms, FACTA Canada, FACTA in Canada, taxation Canada, IRS Canada, revenue Canada taxation, taxation in Canada, IRS FATCA, Canadian tax law, FATCA and Canada, tax law Canada, FATCA Canada news, Canadian tax laws, Canadian income tax law, Canada tax law, US-Canada, cross-border, intergovernmental agreement, tax legislation, Model 1 IGAs, foreign law, Treasury official, Code and Treasury regulations, financial institutions, Ronald Dabrowski, IRS deputy associate chief counsel (international)

The Canadian IGA is nearly identical to the current Model 1a IGA, excepting certain defined terms. All Canadian financial institutions are classified into one of three types: a reporting Canadian financial institution, a non-reporting Canadian financial institution, or a non-participating financial institution. A “reporting Canadian financial institution” is defined in the negative as a Canadian financial institution that is not a non-reporting Canadian financial institution. A “non-reporting Canadian financial institution” is defined as a Canadian financial institution or other Canadian-resident entity that is identified as such in annex II or that otherwise qualifies as a deemed-compliant FFI or an exempt beneficial owner (EBO) under the Treasury regulations. Furthermore, a reporting Canadian financial institution will be treated as compliant with FATCA and not subject to withholding under article 4(1) of the Canadian IGA if the following conditions are met: Canada complies with its obligations under the Canadian IGA regarding that institution; and the institution registers with the IRS, obtains a GIIN, reports certain information to the Canadian competent authority (that is, the CRA), and withholds on certain withholdable payments. The Treasury regulations provide that a reporting Canadian financial institution that complies with the registration requirements in the Canadian IGA is a registered deemed-compliant FFI.