Foreign Account Tax Compliance Act (FATCA)/Part XVIII of the Income Tax Act

Expand When does FATCA take effect? 

July 1, 2014.

Expand What is the impact of FATCA? 

FATCA requires Canadian Financial Institutions to identify and report to the Canadian Revenue Agency certain financial accounts of U.S. persons and specific U.S. owners of non-U.S. entities.

Expand Where can I go to learn more about FATCA? 

For more information about FATCA, you can visit the Canada Revenue Agency’s website.

Expand Who is considered a U.S. person?  

Expand Why is Canada complying with U.S. law? 

On February 5, 2014, the Canadian Government signed an Intergovernmental Agreement (IGA) with the U.S. Government. Without an agreement in place, obligations to comply with FATCA would have been imposed on Canadian Financial Institutions and our customers as of July 1, 2014. Under the agreement, Financial Institutions in Canada will not report any information directly to the Internal Revenue Service (IRS). Rather, information on accounts held by U.S. persons will be reported to the Canada Revenue Agency (CRA). The CRA will then exchange the information with the IRS through the existing provisions and safeguards of the Canada-U.S. Tax Convention, which is consistent with Canada's privacy laws. In addition, Canada negotiated significant exemptions (please refer to "Which financial accounts are excluded"). The agreement is consistent with Canada’s support for recent G-8 and G-20 commitments intended to fight tax evasion globally and to improve tax fairness.

Expand As a personal account holder, what information do I need to provide to TD? 

Expand What information do I need to provide in the IRS tax forms? 

We recommend you contact a tax advisor for information on completing IRS tax forms. You can view the links to the IRS published instructions: W-8BEN, W-8BEN-E, W-8IMY, W-8EXP and W-9.

Expand In which scenario would an account be reported? 

Expand What is the benefit of an Intergovernmental Agreement (IGA)? 

The agreement addresses privacy concerns, provides significant exemptions, and reduces the circumstances where withholding tax applies (e.g. withholding will not apply to individuals).

Expand Is every Financial Institution (FI) impacted by FATCA? 

Every Canadian FI will be required to comply with the federal legislation that implements the IGA. FIs in non-IGA countries that do not comply with FATCA may be subject to a 30% withholding tax on U.S. source income.

Expand How could FATCA impact me? 

Expand What factors make TD believe I am a U.S. person? 

Under the IGA, there is information that you may have provided to TD that may give reason to believe you are a U.S. person (i.e. U.S. address, U.S. place of birth, U.S. telephone number, U.S. place of incorporation, etc.).

Expand I am not a U.S. entity (e.g. U.S. business or U.S. trust account) accountholder and I do not have any U.S. indicia (e.g. U.S. place of incorporation) on my account. Why am I being asked to complete FATCA documentation? 

Under the regulations, all business accounts are required to declare the classification of the entity as, among other things, either an "Active Non-Financial Foreign (non-U.S.) Entity (NFFE)" or a "Passive NFFE" on either an IRS W8-BEN-E or an equivalent form created by the financial institution (in TD's case, a Self-Certification Form – Entity "SCE"). Where an entity is a Passive NFFE, TD is required by the regulations to identify the entity's controlling persons and to determine whether any such person is a U.S. person.

Entity classification is required, regardless if U.S. indicia is present on their account. Additional information can be found on the CRA website: http://www.cra-arc.gc.ca/tx/nnrsdnts/nhncdrprtng/ntts-eng.html

Expand Why is TD asking for additional information about entities (e.g. businesses) under FATCA? 

Expand Are there exceptions to completing the FATCA documentation? 

No, under the regulations, individual and entity customers must comply with additional requests for information from TD. If this additional documentation is not received upon request, TD may be required to report your account information to the CRA.

Expand If I have a U.S.-dollar account or investment (in Canada or the U.S. at TD Bank, America's Most Convenient Bank), does this classify me as a U.S. person? 

The definition of a U.S person is based on the account holder’s information, rather than the type of account that is held.

Expand If I have dual citizenship with the U.S., am I considered a U.S. person? 

Yes, please refer to the “Who is considered a U.S. person” for further information.

Expand If I am a Snowbird, am I considered a U.S. person? 

You may be considered a U.S. person if you spend considerable time in the U.S. in one year or over a period of years. Please visit the IRS website or consult a tax advisor for more information.

Expand If a joint account is held by a U.S. person and a non-U.S. person, what is the FATCA impact? 

All accountholders of the joint account may be required to provide additional documentation to determine their status for U.S. tax purposes. Information on the U.S. person, including the full balance of the account, may be reportable to the CRA.

Expand I was born in the U.S., but have lived outside the U.S. my whole life. How does FATCA impact me? 

Expand My business is a Sole Proprietorship. Should I be completing documentation as an individual or an entity under the Intergovernmental Agreement (IGA)? 

As a Sole Proprietor, the IGA considers you as an individual.

Expand What information about U.S. persons will be reported to the CRA? 

Expand Does the Canadian government currently exchange information provided by Financial Institutions? 

Yes, Financial Institutions in Canada do provide information to the Canadian and U.S. governments under current tax laws and treaties. Please refer to the Department of Finance website for a list of current agreements.

Expand Will my information be shared? 

Under the IGA, Financial Institutions in Canada are not required to report any information directly to the IRS. Rather, information on reportable accounts is to be submitted to the CRA. The CRA will then exchange the information with the IRS through existing provisions and safeguards under the Canada-U.S. Tax Convention, which is consistent with Canada's privacy laws.

Protecting our customer's privacy and the confidentiality of their personal information are fundamental principles of TD. For more information on how TD's collects, uses and/or discloses your information, please access the Privacy provisions at the following link: http://www.td.com/privacy-and-security/privacy-and-security/our-privacy-commitments/td-privacy-code/privacy.jsp.

Expand Which financial accounts are impacted? 

Expand Are credit products impacted? 

If you have a credit balance (an amount that TD Bank owes you) on a credit card or a revolving credit product – unsecured and secured lines of credit, you may be impacted.

We will contact customers who must complete documentation for FATCA purposes.

Expand What products are not financial accounts for FATCA? 

Expand I am a business owner. Do I have to provide separate forms for myself and the business? 

FATCA documentation is completed at the account holder level. We rely on the account holder to complete the forms for any account(s) in question. We will clearly state which party needs to complete a form or provide further documentation.

Expand As an individual or Sole Proprietor, what should I do if my circumstances change after I submit the requested documentation? 

If your U.S. status changes (U.S. to non-U.S. and vice versa), you must notify TD Bank within 30 days with supporting documentation.

Expand What documentation do I need to provide TD to advise that I have renounced my U.S. citizenship? 

Expand Why did I receive multiple requests for FATCA information? 

TD Bank will attempt to consolidate customer account information to the extent allowable. You may receive additional requests for documentation if you have multiple products with TD Bank. You must complete each request.

Expand Does the required documentation have to be provided in original format or can I scan/fax it in? 

TD will only accept original documentation.

Expand What is acceptable identification to comply with FATCA (for individuals)? 

Expand What if I fail to provide additional information or documentation that is requested of me within the specified timeframe? 

Under Part XVIII of the Income Tax Act, TD may be required to report certain information on U.S. persons or customers that do not respond to TD's request for information, to their federal tax authority (i.e. CRA). This information may be exchanged with the IRS as part of the agreement.

Expand What happens if I'm reported to the IRS? 

Reporting by TD should not result in any increased U.S. tax liability if you are already meeting your U.S. tax filing obligations. Please contact a tax advisor to discuss your personal tax situation.

Expand As a U.S. Person, what are my tax reporting requirements? 

The U.S government imposes tax on the worldwide income of U.S. persons regardless of where they live. Most U.S. persons living in Canada have annual U.S. income tax filing and reporting requirements. If you are, or suspect you may be a U.S. person for U.S. tax purposes, you should speak with a professional tax advisor with expertise in U.S. tax filing and reporting requirements on your investments held at TD.

Expand Can a TD employee help me complete these forms? 

You must complete all tax forms independently. If you need additional support, you should refer to a tax advisor for assistance or review the form instructions.

Expand My account is a joint account. Do we both have to fill out the documentation? 

Expand Are spouses or children of U.S. persons impacted by FATCA? 

Expand I closed my TD accounts. Why am I being asked to complete forms? 

Even though your account is closed, you were identified as a possible U.S. person before closing your account. TD has the obligation to properly document the account. If you do not provide this documentation upon request, TD may be required to report your account information to the CRA.

Expand I've been a TD customer for many years. Why do I have to provide additional documentation now?  

We have an obligation to review our records when you open a new account or complete a maintenance transaction. In certain cases, we also have a requirement to look at pre-existing customer records.

Expand How do I complete my tax form? 

A tax form is a legal document and must be completed in ink. Liquid paper (or white out), pencil, and pre-filled stickers or stamps are not acceptable; please complete a new form. Forms are available for download here.

Expand Why did TD request information, but my other Financial Institution (FI) did not? 

Information provided by customers could vary among FIs and each FI has different business and system processes. Please refer to "What factors make TD believe I am a U.S. person".

Expand Where can customers obtain tax advice? 

TD does not offer tax advice to customers. Customers should contact a tax advisor. For background information on FATCA, visit the Canada Revenue Agency (CRA) website.

Expand What is a TIN? 

A Taxpayer Identification Number (TIN) is an ID number that is used by the Internal Revenue Service (IRS) in the administration of tax laws (similar to a SIN in Canada). Both the Social Security Administration (SSA) and the IRS issue a TIN.

Expand What is a Global Intermediary Identification Number (for business customers only)? 

A Global Intermediary Identification Number (GIIN) is a 16 digit, 19-character identification number issued by the IRS when a non-U.S. Financial Institution registers for FATCA purposes. Most Canadian Financial Institutions are required to obtain a GIIN.

Expand I am a TD counterparty. Where can I find TD's Global Intermediary Identification Numbers (GIIN's)?  

Please click here.

The above information is intended to provide general guidance only, and is not an exhaustive analysis of all provisions of FATCA. The above information should not be construed as legal or financial advice.

Individuals (including sole proprietor customers)

For use by TD Canada Trust personal and sole proprietor customers only: Self-Certification of Non–U.S. Status – Individual

For use by TD Wealth customers: Form W-8BEN (Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals) and instructions

Entities (business, commercial, and institutional customers)

For use by TD Canada Trust Business Banking customers only: Self-Certification of Non-U.S. Status - Entities

For use by TD Wealth pre-existing, entity clients only: Self-Certification of Non-U.S. Status – Entities

Form W-8BEN-E (Certificate of Status of Beneficial Owner for united States Tax Withholding and reporting (Entities) and instructions

Form W-8IMY (Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting) and instructions

Form W-8EXP (Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting) and instructions

U.S. persons

Form W-9 (Request for Taxpayer Identification Number and Certification) and instructions

• Canada Revenue Agency (CRA)
• Department of Finance Canada
• Canadian Bankers Association (CBA)