Foreign Account Tax Compliance Act (FATCA)/Part XVIII of the Income Tax Act
The Foreign Account Tax Compliance Act ("FATCA") is U.S. tax legislation passed in 2010. FATCA is intended to prevent "U.S. persons" (individuals and entities) from evading U.S. tax using financial accounts held outside of the United States.
July 1, 2014.
For more information about FATCA, you can visit the Canada Revenue Agency’s website.
You are considered a U.S. person for U.S. tax purposes and will need to complete an IRS Form W-9 if you are a:
- Citizen or resident of the U.S. (including a greencard holder);
- U.S. corporation, U.S. partnership, U.S estate or U.S. trust
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.
If you are not a U.S. person, FATCA will have limited impact on you. In some circumstances, you may be required to provide additional documentation (this could include, but is not limited to, government-issued identification) to verify your status for FATCA purposes.
If you are a U.S. person, you will be required to complete a Tax Form.
For individuals, the following accounts may be reportable:
The agreement addresses privacy concerns, provides significant exemptions, and reduces the circumstances where withholding tax applies (e.g. withholding will not apply to individuals).
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.
FATCA primarily impacts U.S. persons. The impact could vary:
- If you are an accountholder that is an individual (including sole proprietorships) or an entity (i.e. businesses, trusts, etc.);
- If you have an existing financial account or you are opening a new account
TD may ask you to provide additional information or documentation to verify your status for FATCA purposes for any of the scenarios above. If you do not provide this additional documentation upon request, TD may be required to report your account information to the CRA.
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
- a U.S. person and, if so, whether it is a specified U.S. person;
- a financial institution and, if so, which type of financial institution; or
- a non-financial foreign entity (or NFFE) and, if so, whether it is a passive NFFE (for a definition of passive NFFE, please refer to page 3 in the attached link).
If the account holder is a passive NFFE, the entity must identify the controlling persons (the natural persons who exercise control over an entity) associated with the account. A Financial Institution must then determine if any controlling persons on the account are U.S. persons.
More information can be found on the CRA website at: http://www.cra-arc.gc.ca/tx/nnrsdnts/nhncdrprtng/ntts-eng.html
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.
Yes, please refer to the “Who is considered a U.S. person” for further information.
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?
Generally, if you were born in the U.S., you are considered a U.S. person. However, there are circumstances where an individual born in the U.S. is not considered a U.S. person, including those who have renounced their U.S. citizenship and have obtained a Certificate of Loss of Nationality issued by the United States Department of State or in a manner that meets the requirements prescribed by U.S. law.
TD may contact you if we require additional documentation to determine if you are a U.S person.
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.
The following information will be provided to the CRA in 2015 for reportable accounts that are identified in 2014:
- U.S. TIN or Date of Birth
- SIN (Canada only)
- Account number
- Account balance or value
The following additional financial data will be required in 2015:
- Payments, interest, dividends and other payments
- Payments paid or credited to Non-Participating Foreign Financial Institutions
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.
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.
Impacted financial accounts include most:
- Bank accounts,
- Non-registered term products (e.g. GIC's)
- Mutual funds,
- Brokerage accounts,
- Custodial accounts,
- Annuity contracts (including segregated fund contracts),
- Certain life insurance policies with a cash value, and
- Credit balances on credit cards or revolving credit products – unsecured and secured lines of credit (amount that TD Bank owes you)
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.
The following registered products are excluded:
- Registered Retirement Savings Plans (RRSPs)
- Tax Free Savings Accounts (TFSAs)
- Registered Disability Savings Plans (RDSPs)
- Registered Pension Plans (RPPs)
- Registered Retirement Income Funds (RRIFs)
- Pooled Registered Pension Plans (PRPPs)
- Registered Education Savings Plans (RESPs)
- AgriInvest Accounts
- Deferred Profit-Sharing Plans (DPSPs)
For entire list of exempt products and detailed descriptions, please visit the Intergovernmental Agreement.
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?
The following is a list of acceptable documentation:
- a self-certification (via W-8, etc.) showing that the account holder is neither a U.S. resident for tax purposes nor a U.S. citizen; AND
- evidence of the account holder’s citizenship in a country other than the U.S. (i.e. passport or other government-issued identification); AND
- a copy of the account holder’s Certificate of Loss of Nationality of the United States
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.
The following pieces of non-U.S. documentary evidence are generally acceptable to comply with FATCA (as of March 27, 2017):
- National Identity Card
- Canadian Driver's license
- Provincial Health Insurance Card
- Birth Certificate provided by an individual under the age of 21
- Government-issued Age of Majority Card
- Canadian Citizenship Card
- Record of Landing (IMM1000) or Confirmation of Permanent Residence (IMM 5292) issued prior to 1/1/2004
- Permanent Residence Card
- Canadian Forces Identification Card issued by the Canadian Department of National Defence
- A Government-issued Certificate of Indian Status
- Social Insurance Number Card issued by the Government of Canada
- Document or card, bearing the individual’s photograph and signature, issued by any of the following authorities or their successors:
- Insurance Corporation of British Columbia
- Alberta Registries
- Saskatchewan Government Insurance
- Department of Service Nova Scotia and Municipal Relations
- Department of Transportation and Public Works of the Province of Prince Edward Island
- Service New Brunswick
- Department of Government Services and Lands of the Province of Newfoundland and Labrador
- Department of Transportation of the Northwest Territories
- Department of Community Government and Transportation of the Territory of Nunavut
- Alberta Photo Identification Card
- B.C. Identification card
- B.C. Driver’s License and Services Card
- B.C. Services Card (Photo Card)
- Government of Newfoundland and Labrador Photo Identification Card
- Nova Scotia Photo Identification Card
- Prince Edward Island Voluntary ID
- Saskatchewan Mandatory Photo ID
- Ontario Photo Card
- Manitoba Identification Card
- NEXUS Membership card
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.
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.
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.
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.
It depends on the circumstances of the account. There may be situations where you must provide documentation for both account holders and other circumstances where documentation is only needed for one account holder.
TD will contact customers who must complete documentation for FATCA purposes.
TD will contact customers who must complete documentation for FATCA purposes.
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.
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.
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".
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.
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.
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.
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
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