About the training session
Objectives
By the end of this training session, the participants will be able to understand the key concepts and procedures needed to handle on a day-to-day basis the various obligations stemming from the Luxembourg law provisions implementing the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS), with a specific focus on the fund industry.
This training will be split in 2 sessions:
3.5 hours to go through the theory (with a bit of practice)
3.5 hours to go through the practice (with a bit of theory)
Content
Part 1. Theory (with a bit of practice)
History and Background
- FATCA & CRS
- Luxembourg context
Definition of Reportable Persons
- US Persons and Specified US Persons
- CRS Reportable Persons
- Classification of Entities
Financial Institutions
- Non-Financial (Foreign) Entities
- Controlling Persons
- Due Diligence and Reporting Obligations and Procedures
Financial Accounts and Account Holders
- Due diligence for pre-existing and new accounts
- Reporting procedures
- Data Protection in the context of FATCA and CRS
Practical Cases
Part 2. Practice (with a bit of theory)
CRS and FATCA forms
- Rules* for W-9, W-8BEN and W-8BEN-E forms (* QI excluded)
- Zoom on Reporting Model 1 FFI, Investment Advisor/Manager, Active NFFE and Passive NFFE
- Completion of some examples
- CRS and FATCA reports
Applicable framework
- The FATCA & CRS report components
- Zoom on GIIN and TIN specifications
- Production of CRS and FATCA reports (practical cases)
Identification of a reportable account under FATCA & CRS
- Issuance of a nil report
- Issuance of FATCA & CRS reports
Q&A
Target audience
People in charge of KYC and Compliance aspects, board members of Luxembourg investment structures, legal officers.