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Tax Declaration FATCA

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Entity Tax Declaration Form – FATCA

Standard Chartered Group and its affiliates are required by Foreign Account Tax Compliance Act (FATCA) provisions and other applicable laws and regulations to collect certain tax-related information about its clients. In certain circumstances, Standard Chartered Group must report this information with the relevant tax authorities.

The table below is intended as a guide to assist you in selecting the appropriate form for FATCA purposes. It is your responsibility to provide Standard Chartered Group with the appropriate form containing accurate tax information. If the entity is one of the following entities in the table below, please only complete the relevant U.S. tax form listed and do not complete this Entity Tax Declaration Form.

Please refer to Standard Chartered Group’s overview of the U.S. tax forms at https://av.sc.com/corp-en/content/docs/client-tax-information-forms-overview.pdf.

If you are a: Please provide a valid U.S. tax Form:
non-U.S. entity selecting box E (Other FFI), L (Passive Entity), or M (Other Non-Financial Entity) in this form Form W-8BEN-E
non-U.S. entity receiving U.S.-source income payments as beneficial owner and/or required to provide a Chapter 3 status Form W-8BEN-E
non-U.S. partnership, non-U.S. simple trust, or non-U.S. grantor trust (unless claiming treaty benefits) or any person acting as an intermediary Form W-8IMY
non-U.S. individual (including a sole proprietor) Form W-8BEN
non-U.S. government, international organisation, non-U.S. central bank of issue, non-U.S. tax exempt organisation, non-U.S. private foundation, or government of a U.S. possession claiming that income is effectively connected U.S. income Form W-8ECI or W-8EXP
branch or disregarded entity Form W-8BEN-E
U.S. entity or U.S. citizen or resident (including U.S. sole proprietor) Form W-9

If your entity does not belong to any of the categories listed above, please proceed to complete this form.

These explanatory notes are not a substitute for understanding the requirements of the FATCA provisions and must be read in conjunction with the Instructions and/or the FATCA provisions.

For the purpose of completion of this form, the term ‘foreign’ means non-U.S.

If you are unsure about how to complete this form, or any other form, in relation to FATCA, please contact your tax, legal, and/or other professional advisor.

Entity Tax Declaration Form – FATCA

Part I   Identification of Beneficial Owner

Part II   Financial Institutions (complete this part only if the entity is a financial institution)

Certify FATCA Status (check one box only and provide the Global Intermediary Identification Number (GIIN) if applicable)

Part III   Non-Financial Entities (complete this part only if the entity is not a financial institution)

Certify Status (check one box only)

I certify that the entity identified in Part I is a foreign entity that is not a financial institution; less than 50% of gross income is passive income; and less than 50% of the assets are passive assets.

I certify that the entity identified in Part I is a foreign corporation that is not a financial institution and the stock is regularly traded on one or more established securities markets, including

I certify that the entity identified in Part I is a corporation that is not a financial institution and is a member of the same expanded affiliated group as an entity the stock of which is regularly traded on an established securities market.

The name of the entity, the stock of which is regularly traded on an established securities market, is

and the name of the securities market on which the stock is regularly traded is

I certify that the entity identified in Part I is a foreign holding company, treasury centre, or captive finance company and meets the requirements described in the instructions.

I certify that the entity identified in Part I is the beneficial owner of the payment and is not engaged in commercial financial activities of a type engaged in by an insurance company, custodial institution, or depository institution.

I certify that the entity identified in Part I is a Non-Profit Organisation that meets the stated requirements.

The entity identified in Part I is a non-U.S. entity that is not a financial institution and is not certifying its status as a publicly traded or active NFFE.

To be determined, refer to relevant Form W-8

Certification

1. Under penalties of perjury, I declare that I have examined the information on this form and to the best of my knowledge and belief it is true, correct, and complete.

2. I authorise the recipient of this form to provide, directly or indirectly, to any relevant tax authority or any party authorised to conduct an audit or other similar review of the recipient for tax purposes.

3. Furthermore, I authorise this form to be provided to any withholding agent that has control, receipt, or custody of the income of which the entity under Part I is the beneficial owner.

I agree that I will submit a new form within 30 days if any certification or information on this form becomes incorrect.

Entity Tax Declaration Form – FATCA Instructions

If the entity is one of the entities in the table in the FATCA Introduction on the cover page of this form, please only complete the relevant U.S. tax form listed and do not complete this Entity Tax Declaration Form.

Please refer to Standard Chartered Group’s overview of the U.S. tax forms at https://av.sc.com/corp-en/content/docs/client-tax-information-forms-overview.pdf to determine the form that is appropriate.

Instructions

Part I   Identification of Beneficial Owner

Name of organisation that is the beneficial owner: Provide the full name of the beneficial owner.

Country/Jurisdiction of incorporation or organisation: If the entity identified in ‘Name of organisation that is the beneficial owner’ is a corporation, enter the country of incorporation.

Permanent residence address: Enter the permanent residence address of the entity identified in ‘Name of organisation that is the beneficial owner.

Tax Identification Number (if applicable): If the entity’s country of residence for tax purposes has issued the entity with a TIN, enter it here.

Definitions

Account Holder: An account holder is generally the person listed or identified as the holder or owner of a financial account.

Entity: An organisation, corporation, public sector entity, or business which is not a natural person or sole proprietor.

Foreign Account Tax Compliance Act (FATCA): Provisions enacted into law by the U.S. in March 2010 to target non-compliance by U.S. taxpayers using non-U.S. accounts.

Foreign Financial Institution (FFI): A non-U.S. entity that is a financial institution.

Foreign: Non-U.S.

Intergovernmental Agreement (IGA): A bilateral agreement signed between the U.S. government and a foreign government regarding the implementation of FATCA.

Part II   Financial Institutions

Certify FATCA status: If the entity is a non-U.S. financial institution, check the one box that applies. If the entity is a non-financial entity, Part III should instead be completed.

Part III   Non-Financial Entities

Certify FATCA status: If the entity is a non-financial entity, check the one box that applies. If the entity is a financial institution, Part II should instead be completed.

Certification

Signature, Print Name, Date: Form must be signed and dated by an authorised representative or officer of the entity.

Capacity: An authorised representative or officer must check the box to certify that he/she has the legal capacity to sign for the entity identified in Part I.

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What the Tax Declaration FATCA Is and When it Applies

The Tax Declaration FATCA is a written or electronic statement used to certify a taxpayer's foreign-account status and tax classification under the U.S. Foreign Account Tax Compliance Act (FATCA). It is commonly supplied by foreign financial institutions, account holders, and certain entities to U.S. withholding agents and payers to avoid U.S. tax withholding or to confirm exemption status. The declaration typically includes identity details, taxpayer identification numbers, FATCA classification (e.g., participating FFI, exempt beneficial owner), and any required Global Intermediary Identification Number (GIIN) or supporting documentation.

Why a Clear FATCA Declaration Matters

A correct Tax Declaration FATCA reduces the risk of 30% withholding, ensures accurate reporting to the IRS, and helps institutions meet FATCA due-diligence obligations. Clear, complete declarations simplify onboarding, speed payment flows, and reduce downstream compliance review and documentation requests from withholding agents and tax authorities.

Why a Clear FATCA Declaration Matters

Primary users and stakeholders for FATCA declarations

Typical parties who prepare, request, or receive FATCA declarations and why they need them.

  • Foreign financial institutions and local banks needing to certify FATCA status to global correspondents and U.S. payers.
  • Individual account holders or beneficial owners providing tax status or residency information to avoid backup withholding.
  • U.S. payers, brokers, and withholding agents that collect declarations to determine withholding and filing obligations.

Each party has distinct responsibilities: preparers must supply accurate data, requesters must preserve records, and recipients must apply withholding and reporting rules consistently.

Key components included in a professional FATCA declaration

A complete Tax Declaration FATCA combines identity, tax residency, classification, supporting identifiers, signature, and a retention note. Each element plays a role in whether a withholding agent applies or exempts FATCA withholding and in how the IRS will treat the account for reporting purposes.

Identity

Full legal name and legal entity type for institutional filers, matching government ID or formation documents for verification.

Taxpayer ID

U.S. TIN, foreign tax ID, or SSN/EIN as relevant; used to match withholding and information returns.

FATCA Classification

Self-declared FATCA status (for example: Participating FFI, Registered Deemed-Compliant FFI, Exempt Beneficial Owner, Nonparticipating FFI).

GIIN or Exemption

GIIN for registered FFIs or a concise explanation and documentary basis for exemption if no GIIN exists.

Supporting Evidence

Attachments such as Form W-8BEN-E, entity formation documents, or a tax residency certificate that substantiate the declaration.

Signature & Date

Signed by an authorized signatory with date and printed name; includes capacity of signer when applicable.

Step-by-step: completing and submitting a FATCA declaration

Follow these steps to prepare a declaration, attach required evidence, and submit it to the requesting party or withholding agent.

  • 01
    Gather documents: Collect tax IDs, formation records, and any GIIN or exemption certificates.
  • 02
    Complete form fields: Enter names, TINs, classification, and residency exactly as documented.
  • 03
    Attach support: Upload W-8/W-9, GIIN confirmation, or tax residency certificates as required.
  • 04
    Submit and retain: Provide to the withholding agent and keep a copy per retention rules.

Essential data elements required on the declaration

Full name: Exact legal name
Tax ID: TIN, SSN, or EIN
FATCA status: Declared classification
GIIN: GIIN or exemption
Residency: Country(ies) of residence
Signature: Signed and dated

Where to send the completed Tax Declaration FATCA

Routing depends on who requested the declaration and applicable reporting rules. Provide the completed declaration to the entity that requested it and retain a copy for your records.

  • To the Withholder: Deliver to the payer or withholding agent who requested the declaration.
  • To the Financial Institution: Submit to your bank or FFI where the account is held.
  • IRS Reporting: Withholding agents use declarations to determine reporting; file required information returns per IRS rules.
  • Record retention: Keep the declaration and attachments per retention guidelines.

Setting up an online FATCA declaration workflow

When configuring an electronic workflow, choose field types and authentication methods that match legal and privacy needs.

Field Configuration
Document format PDF preferred for signature fidelity
Signature fields Add signature, date, and capacity fields
Authentication Email link or SMS code for signer identity
Attachments Allow PDF, JPG supporting documents

Digital signing and file-format considerations

Choose an eSignature platform that supports secure PDFs, audit trails, and appropriate signer authentication for tax declarations.

  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
  • File formats: PDF, DOCX, and scanned images supported
  • Security: TLS in transit, AES-256 at rest

Ensure the platform can produce a certificate of completion and store documents in compliance with federal retention requirements.

Timing and typical deadlines to keep in mind

Some FATCA-related requirements are event-triggered, while others follow annual IRS reporting cycles. Observe both requester deadlines and IRS filing schedules.

Provide on request:

W-9/W-8 style declarations are due when requested by a payer or withholding agent.

Withholding effect date:

Noncompliance can trigger withholding immediately upon payer determination.

Annual reporting:

Withholding agents report per IRS annual return instructions; confirm Form and year-specific deadlines with IRS guidance.

Form 1040 deadline:

Individual U.S. returns are due April 15 (Form 4868 extends to Oct 15 if filed).

1099/Information returns:

Information returns (e.g., 1099 series) have Jan 31/March 31 deadlines per IRS instructions.

Common mistakes to avoid when preparing FATCA declarations

  • Using an incorrect or expired GIIN, which can trigger classification challenges and withholding.
  • Providing incomplete tax IDs or mismatched legal names, preventing verification by the withholding agent.
  • Attaching unsigned or undated supporting documents that fail to meet the payer’s due-diligence standards.
  • Assuming electronic signatures are acceptable without confirming authentication and consumer-disclosure requirements.

Risks and potential penalties for incorrect or missing FATCA declarations

Withholding risk: Possible 30% withholding on certain U.S.-source payments
Information return penalties: Penalties under IRC §6721 for incorrect returns
Backup withholding: Backup withholding at statutory rate may apply
Account restrictions: Financial institution may restrict account activity
Reputational risk: Extended due-diligence requests and audits
Remediation costs: Time and legal costs for corrections

eSignature vendor comparison for processing FATCA declarations

Compare baseline pricing and core capabilities across common eSignature vendors; signNow is listed first per platform comparison norms.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about the Tax Declaration FATCA

Answers to common doubts about who must complete the form, signature methods, corrections, and penalty exposure.


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