The Common Reporting Standard (CRS) was developed by the Organisation for Economic Co-operation and Development (OECD) at the request of many countries to implement automatic exchange of information between tax authorities in order to reduce offshore tax evasion. Under the Standard, CRS participating jurisdictions introduce local laws to obtain financial information from their local financial institutions on the holders of financial accounts and automatically exchange that information with other CRS countries on an annual basis.
CRS shares commonality of operating principles with some EU directives and conventions, but draws most heavily on FATCA (being based upon the principles of FATCA Model 1 IGAs), albeit in a broader, more global sense.
Over 100 countries have adopted the legislation since 1 January 2016.
J.P. Morgan entities and branches located in countries that have adopted the Common Reporting Standard (CRS) under local laws are required to collect and report certain information about an Account Holder’s tax residence status, and where applicable, the tax residence status of each natural person that is a Controlling Person. In order to obtain the required information, self-certification forms were developed which are very closely based upon the OECD BIAC (Business and Industry Advisory Committee) template forms.
Please complete the ‘Entity Self-Certification’ form if you represent an Entity Account Holder. If the Account Holder has indicated on the ‘Entity Self-Certification’ form that it is a Passive NFE or an Investment Entity located in a Non-Participating Jurisdiction managed by another Financial Institution, please complete the ‘Controlling Person Self-Certification’ in respect of each Controlling Person which is a natural person. The ‘Controlling Persons’ form is required for each natural person indicated in part 2, section 2 of the ‘Entity Account Holders’ form. Individuals who are account holders should complete the “Individual form”.
Useful information to assist completion of Common Reporting Standard self-certification forms
The purpose of this document is to provide certain information to support customers who are required to complete Common Reporting Standard ('CRS') self certification forms. This document is not an alternative to clients reviewing, ascertaining and self-certifying their tax status under CRS rules. Responsibility for completing the CRS tax forms remains the sole responsibility of the person submitting the form. This document does not provide tax advice – please consult your tax advisor if you require advice regarding your tax status. Definitions provided in this document have been taken from publicly available OECD published materials including the CRS commentaries.
Why am I required to provide a CRS tax form? CRS requires Financial Institutions in jurisdictions participating in CRS (including JPMorgan entities) to document all Financial Account Holders at account opening.
Which CRS tax residency self-certification forms are available? The types of form and who should complete each type is summarised below:
||Intended users of the form (see further instructions and exceptions on each form)
|CRS – I (Individual)
||For use by an individual. Not relevant for institutions or entities.
|CRS – E (Entity)
||For use by an entity. Not relevant for individuals.
|CRS – CP (Controlling Persons)
||For use in respect of the Controlling Persons, either by ownership or control by other means, of certain entities referred to under the CRS as Passive Non-Financial Entities ("Passive NFEs"). Investment entities that are resident in non-Participating Jurisdictions and that are managed by another Financial Institution are treated as Passive NFEs under CRS and also need to provide details of their Controlling Persons on these forms. See notes for Controlling Persons below for more information.
Who completes the form? The form should be completed by the "Account Holder" - the person who holds the Financial Account, regardless of whether such person is a flow-through Entity. By way of example, the OECD CRS rules state that if a trust or an estate is listed as the holder or owner of a Financial Account, the trust or estate is the Account Holder, rather than the trustee or the trust's owners or beneficiaries. Similarly, if a partnership is listed as the holder or owner of a Financial Account, the partnership is the Account Holder, rather than the partners in the partnership. However, a person, other than a Financial Institution, holding a Financial Account for the benefit or account of another person as agent, custodian, nominee, signatory, investment advisor, or intermediary, is not treated as holding the account, and such other person is treated as holding the account.
For joint or multiple account holders please complete a separate form for each account holder.
Checklist for all forms:
Additional note for CRS – E(Entity) forms
International Organisation includes any intergovernmental organisation (including a supranational organisation), or wholly owned agency or instrumentality of such an organisation, that:
- primarily comprises governments; and
- has in effect a headquarters or substantially similar agreement with a jurisdiction; and
- the income of which is not for the benefit of private persons.
A multinational group of company would not, solely by virtue of operating in more than one jurisdiction, be considered an international organisation.
Additional checklist for CRS – CP (Controlling Person) forms:
Controlling Persons are the natural persons who control an entity based upon Anti Money Laundering/Know Your Customer (“AML/KYC”) rules as set out under the Financial Actions Task Force (“FATF”). Under CRS, if there are no other Controlling Persons then a Senior Managing Official is the Controlling Person.