Top of main content

FATCA overview

Commercial Banking – Czech Republic

The Foreign Account Tax Compliance Act (FATCA) is a new piece of legislation by the United States Department of Treasury (Treasury) and the US Internal Revenue Service (IRS) to counter tax evasion in the US. HSBC is committed to being fully FATCA compliant in all countries where we operate, in accordance with the legislative timeline. This means that HSBC may need to provide information on US accounts to the United States tax authority, the Internal Revenue Service (IRS).

In order to establish your tax status, we need to obtain certain documents. These documents are HSBC declarations and/or US tax forms that will enable you to declare and confirm your tax status to us for the purposes of FATCA. We also need your formation documents, for example, your certificate of incorporation or a similar type of document confirming your place of incorporation.

Please send the completed documents to us at this address: HSBC Bank plc, pobočka Praha, Florentinum, Na Florenci 2116/15, 110 00 Praha 1, Czech Republic; or hand them in to the team at your local branch. Should you have problems printing the forms you need, please contact your local branch.

Please read the information carefully and select the document that is appropriate to your company. If you are unsure, you should seek advice from a tax advisor. HSBC cannot provide tax advice.

Non-profit declaration: This is an HSBC document, aimed at non-profit organisations, which you may be able to sign to confirm non-US tax status, in place of one of the US tax forms (IRS W forms). Please read the document carefully to ensure you meet the relevant conditions. If you are not satisfied that you meet the relevant conditions, then please select an alternative from the US tax forms provided.

Active non-financial foreign entity declaration: This is an HSBC document, aimed at non-US trading businesses and companies, which you may be able to sign to confirm non-US tax status, in place of one of the US tax forms (IRS W forms). Please read the document carefully to ensure you meet the relevant conditions. If you are not satisfied that you meet the relevant conditions, then please select an alternative from the US tax forms provided.

W-9 form: This is the withholding certificate referred to as a ‘W-9’ on the IRS website. This form is completed to confirm US tax status.

W-8 forms: This is a link to the withholding certificates referred to as ‘W-8s’ on the IRS website. This is a series of forms that are completed to confirm non-US tax status.

In order to provide customers with further support when completing IRS W forms, we have provided some additional customer guidance for the forms W-9 and W-8BEN-E: Form customer guidance: Download PDF: Link opens in a new window.

Limitation on Benefits (LOB) for Treaty Claims

If you are a non-U.S. entity claiming treaty benefits in respect to an income tax treaty concluded with the United States of America please refer to the relevant instructions on the form with respect to LOB provisions contained within the treaty (if any).

Further information on LOB provisions can be found at the following link.

IRS: Tax Treaty Tables

If you are uncertain as to whether LOB provisions apply to your entity please seek independent tax advice as HSBC cannot provide tax advice.

(Last updated September 2017)