How do I know if I am affected?
FATCA legislation will affect both personal and business customers who are treated as a ‘US Person’ for US tax purposes. The FATCA legislation will also affect certain types of businesses with US owners.
The term US person includes the following (but is not limited to):
- A citizen of the US, including an individual born in the US but resident in another country or territory (who has not given up their US citizenship)
- A person residing in the US, including US green card holders
- Certain persons who spend a significant number of days in the US each year
- US Corporations, US Partnerships, US estates and US trusts
Over the next few months we will be reviewing the impact of the legislation for our customers, and will provide further information to affected customers in due course.
For more information regarding FATCA, please visit the IRS website or contact your tax professional.
Is FATCA applicable to personal or business customers?
FATCA legislation will impact both personal and business customers who hold an account, policy or agreement with HSBC.
Am I only affected if I am a US Company?
No. The impacts of FATCA are wider than just US companies. HSBC will be reaching out to many business customers globally to determine their status under FATCA. The aim of this exercise is to identify customers which are reportable under FATCA. We will be communicating with customers who need to take further action.
What do I need to do as a business customer?
In order to establish your tax status under FATCA, we may need you to provide additional information / documentation. This documentation could be an HSBC declaration or a US tax form from the IRS. We will be communicating with affected customers that need to complete these forms, detailing when they will need to be completed by.
Does FATCA replace existing tax rules I already follow?
FATCA does not replace the existing US tax regimes, it may however add additional requirements and complexity to the existing tax rules you may already follow. Should you need further advice on your tax status or FATCA classification, you should contact a professional tax adviser.
Why has my other Bank asked for different documentation than HSBC?
The way in which Banks and Financial Organisations collect information from their customers in order to confirm their tax status under FATCA may vary. This may mean that in some instances you are asked for different documentation from HSBC than another Bank.
HSBC cannot offer advice on your FATCA tax status or classification. If you need further support you should visit the IRS website or contact a professional tax adviser.
How frequently will I have to provide information for FATCA purposes?
FATCA is an ongoing process. If your account information changes, we may be required to contact you to obtain additional information/documentation so that we are able to update your account classification under FATCA.
Under what circumstances would HSBC need to report information about my account to my local tax authority or to the IRS?
The purpose of FATCA is to prevent US Persons (see glossary) from using Banks and other Financial Organisations to avoid US taxation on their global income and assets. HSBC will therefore report information to the IRS or local tax authority on all accounts held directly or indirectly by US Persons after IGA has been signed off. In addition, HSBC may also need to report information about customers who do not provide the required documentation to us.
What information will HSBC Bank A.Ş. report to the local tax authority or the IRS?
The information reported to the IRS or the local tax authority will depend on the FATCA classification of the customer. This information will typically be of a personal nature in relation to the substantial US owners of a business (for example, Name, Address, US Taxpayer Identification Number), and of a financial nature (e.g. Account number, Account balance/Value). We will be communicating with the affected customers in detail on these requirements.