ITA Webinar (27 Nov 24)2024-11-28T12:46:52-04:00

Common Reporting Standards Webinar

November 27th 2024

Presentation Slides

Q&A

Do nil returns need to be filed annually for struck off companies during the 7 years period and is the annual fee of $185 applicable to them? 2024-03-08T09:39:10-04:00

The BVI no longer has a 7-year intervening period for struck off entities. Please check the status of your entity as it may have been statutorily dissolved due to the changes in the BVI BCA. As such, the entity will need to deregistration, if the entity still exists in the BVIFARs portal it will be subject to the fee. 

Can a Primary user be located outside of the BVI?2024-03-08T09:38:30-04:00

Yes, but the Primary User must hold a position within the RFI. 

Is place of birth mandatory?2024-03-08T09:37:43-04:00

The place of birth is not required to be reported for pre-existing and new accounts unless the RFI is otherwise required to obtain and report it under domestic law and it is available in the electronically searchable data maintained by the RFI. 

What is the difference between the GIIN and the TIN?2024-03-08T09:37:03-04:00

A GIIN is a Global Intermediary Identification Number assigned to Foreign Financial Institutions (FFI), Financial Institution (FI) branches, direct reporting non-financial foreign entities (NFFE), sponsoring entities, sponsored entities, and sponsored subsidiary branches. An Institution or Entity assigned a GIIN can use it to identify themselves to withholding agents and tax administrators for FATCA reporting purposes. This, however, is not a TIN in the USA. A Tax Identification Number (TIN) for the USA is an identification number used by the Internal Revenue Service (IRS) in the administration of tax laws. It is issued either by the Social Security Administration (SSA) or by the IRS. The US is the only jurisdiction that issues GIINs for FATCA purposes but other jurisdictions issue TINs for tax purposes. The OECD has issued overview of TINs issued by member jurisdictions https://www.oecd.org/tax/automatic-exchange/crs-implementation-and-assistance/tax-identification-numbers/ 

De-registration: there may be cases that we realized some FIs should be no longer be FI few years ago (which has been noticed recently), is this allowed? Which proof/additional proof should be provided? 2024-03-08T09:36:17-04:00

Yes, the proof/depends on the reason for deregistration. 

Could you please explain if an entity was setup but is not funded yet (some times for almost a year), should these be registered and file nils? 2024-03-08T09:35:38-04:00

If the entity is set up and meets the definition of an FI then it must be registered. If it has no reportable accounts then it will file a Nil filing. The entity will need to consider whether funding affects it being classified as a FI or not. 

Please explain process to update entity name. Is re-registration is allowed for an already existing entity that was bought recently or primary user change is the only option? 2024-03-08T09:34:58-04:00

The entity would need to reach out to the BVI ITA by email to change the name of the entity.  Additionally, re-registation is not allowed for an existing entity, a change of primary user is the only option. 

What about Fatca and US nationals reporting? Do we apply the same CRS guidance to US account holders?2024-03-08T09:34:14-04:00

No, there is FATCA guidance issued specifically for US nationals. This webinar was specifically related to CRS requirements. If you have questions concerning FATCA guidance on account holder etc. please reach out to our offices info@bviita.vg. 

If you are a VIFI (eg and reporting entity) of a VIFI (eg a trust that does the reporting) that does the reporting, then will the reporting entity file a NIL report?  2024-03-08T09:33:16-04:00

No, what you are describing is a TDT relationship. Where the RFI (the Trustee) that manages the Trust has agreed to complete all reporting on behalf of the Trust due to the way the BVIFARs portal currently works the reports of the Trust will still have to occur under the Trusts profile. Please see the BVIFARs updated guidance concerning TDT reports on our website. 

If there is a BVI-incorporated entity but it is managed by non-BVI director. May I confirm the tax residence should be the non-BVI country? And should not register in BVI? 2024-03-08T09:32:17-04:00

A FI that is not resident for tax purposes in any other jurisdiction, will have to register in the BVI FARs portal and report to the ITA where it is incorporated or established in the BVI. The only exception to this rule is where the entity can demonstrate that it is resident for tax purposes in another jurisdiction. 

Will/can BVI Portal structure a user-friendly CRS/FATCA form for multi-FI submission? (with button to convert excel to XML which is similar to Cayman’s)2024-03-08T09:31:33-04:00

The ITA is working on upgrades to the BVIFARs portal. This change will be considered during this upgrade process.

Why NIL Reporting can’t be done by summary filing?2024-03-08T09:29:51-04:00

The Virgin Islands requests that NIL filings be completed in line with the NIL filing instructions outlined in the BVIFARs user guide. 

Can you also show how to update the registered office of the company? One of our client says their account still showing the old registered office.  2024-03-08T09:29:11-04:00

Please see the BVIFARs user guide which has step by step guidance on “Change of Reporting Obligation” on page 11.

Can CRS NIL returns still be filed by uploading a NIL XML file instead of the manual process shown on screen today?2024-03-08T09:28:22-04:00

Yes.

If the FI doesn’t have the interest/dividend distribution details, but has the year end account value, will this suffice for CRS reporting? 2024-03-08T09:27:38-04:00

The Standard at Section 1. Subparagraph A(4) – Account balance or value states that “in the case of an equity or debt interest in a Financial Institution, the balance or value of an Equity Interest is the value calculated by the Financial Institution for the purpose that requires the most frequent determination of value, and the balance or value of debt interest is its principal amount.” It is generally the balance or value that is calculated by the Financial Institution for purposes of reporting to the Account holder. As such if the year end account value is the value calculated by the FI for the purposes that requires the most frequent determination of value, then that will suffice for CRS reporting.  

If an account holder changes its tax residency during a reporting period, would that account holder be reported in both the jurisdiction, old and the new one, or else would be reported in the new tax residency only?2024-03-08T09:26:51-04:00

If at the end of the reporting period the Account Holder was no longer a tax resident in Jurisdiction A, then the account holder ceases to be reportable person for Jurisdiction A. Therefore, the account holder should not be reported to Jurisdiction A for that period. 

 The account holder should only be reported to Jurisdiction B for the reporting period, if the Financial Institution identified this person to be tax resident of Jurisdiction B at the end of such period. 

Does payment apply to nil reporting?2024-03-08T09:25:39-04:00

The payment is not applied based on the filings, all registered RFIs must pay the annual fee. 

For the payment portal: Is there any way to upload a large number of FIs (i.e: via Excel, etc) to bulk payment instead of manually inputting each FI ID and number individually? 2024-03-08T09:24:47-04:00

No, we currently do not have that option.

Do Secondary Users also receive the notification of receipt of payment? Service providers are no longer Primary Users? 2024-03-08T09:24:09-04:00

Yes, the secondary user will be able to view the payment along with all other filings made for the RFI. 

Are secondary users able to process the Annual fees on the portal?2024-03-08T09:23:36-04:00

Currently it is only for Primary Users, however, this may change by the time the portal becomes Live. Further updates will be provided once the portal is complete. 

Can ACH payments be made from a bank outside the BVI? 2024-03-08T09:22:04-04:00

Yes.

Is the applicable fee for each CRS return filed or just for the FI for that tax year with no separate fee per CRS return filed? 2024-03-08T09:21:22-04:00

That is correct, the annual fees is applicable to the FI only.

Bulk payments for the Portal fees, are these reflected on each FI profile?2024-03-08T09:20:34-04:00

Yes, they are.

For bulk payment options, does the PPOC/PU need to manually add each paying entity name and FI number? Is there a maximum number of entities per bulk payment filing?2024-03-08T09:19:55-04:00

Yes, the entity name and FI number has to be entered manually. There is no maximum amount of entities per bulk filing. The ITA recommends that where you are creating a bulk filing that this be limited to 60 entities at a time so that the system is not overwhelmed.

When using the BULK PAYMENT option, can we pay in one shot the Annual Submission Fee for all the FIs under our care and which are unrelated between them?2024-03-08T09:19:11-04:00

Yes. Once the payment portal is live full guidance on making payments will be issued and made available to all portal users.

It will be common payment for all files? Or should pay for each submitted file?2024-03-08T09:18:23-04:00

The payment is not applied based on the filings, all registered entities must pay the annual fee. 

The filing is due by 31 May 2024. the payment is due by 1 June 2024. Do we have to pay after the filing is submitted?2024-03-08T09:17:36-04:00

A RFI can make a payment at any time before the due date of each filing year.

How the payment will be processed for the existing FI and new FI? For the exiting FI, what if the FI has no filing obligation that particular year, should it be charged? If so, by how?2024-03-08T09:16:54-04:00

All FIs in the BVIFARs portal have a reporting obligation. Whether they have reportable accounts or not. The Mutual Legal Assistance (Tax Matters) Act, Revised Edition 2023 requires all FIs to file a report. Those FIs that have no reportable accounts will have to complete a NIL filing. As such all RFIs registered in the BVIFARs will be subject to the annual fee. It must be noted that the fee applied is not an annual filing fee, it is simply an annual fee imposed on each registered entity.

Can you give more information on the BVIFARS payment portal? Will bulk payment of fees for multiple entities be available? Will the fee be charged for an entity registered and listed in the portal but in the midst of deactivation and pending for approval to deactivate? 2024-03-08T09:16:08-04:00

Yes, there will be a bulk payment functionality for multiple FIs. For entities that were in the portal awaiting deregistration, the fee will not apply if that deregistration application was made before the end of January, 2024. 

What is the payment process on the portal? Will you distribute guidance on this topic so that this can be administered by relevant entities? 2024-03-08T09:15:19-04:00

Once the payment portal is live full guidance on making payments will be issued and made available to all portal users. 

Please confirm if payment functionality is now live?2024-03-08T09:14:16-04:00

No, it is not yet live. Once it becomes live an update will be provided to all users, including guidance on how payments can be made. 

When is the first payment required to be made by?2024-03-08T09:12:17-04:00

On or before 1 June, 2024. 

For FI deactivation- Example- If the FI had reportable/ no reportable account previously. However, the entity is liquidated in 2022 with no reportable accounts but still not deregistered till 2023. Is TY2023 reporting required given that the entity is liquidated in 2022 or should we go ahead with the deactivation of the entity on the BVIFARS without filing TY2023 reporting.2024-03-08T09:11:04-04:00

The last applicable tax year of an entity that is liquidated in 2022 would be the TY ending in 2022. There is no need to file a report for 2023. You can proceed with the deregistration application once all reports have been made from registration of the entity until the last applicable tax year i.e. 2022. 

How do we locate the de-registration application?2024-03-08T09:10:09-04:00

The de-registration process is a filing that can made using the BVIFARs portal. Please refer to page 7 of the BVI FARs User Guide for the steps to complete this process. 

Deactivation question. If you have resigned from an FI wherein you are the PPOC, and followed all procedure’s prior to your resignation and the client does not provide info for the new PPOC to the BVI ITA regardless of all your follow ups.  How can this entity be de-activated? 2024-03-08T09:09:32-04:00

No, the FI only reports for applicable financial periods. For instance, if the deregistration is due to the FI being liquidated in 2022, even if the application remains pending in 2023, the FI will only be expect to file up until of liquidation. 

Is it correct that you can submit a deregistration request once the FI has closed all accounts and completed all the required CRS filings? Does this only happen once the FI has been fully dissolved?2024-03-08T09:07:15-04:00

A VIFI can only be deregistered if 1) it no longer meets the definition of a VIFI; or 2) it is no longer in existence, for example by liquidation or no longer resident in the Virgin Islands, for example by means of continuation to another jurisdiction, and it has met all reporting obligations for years prior to which it ceased to be a VIFI.

For entities dissolved e.g. in 2024, can we immediately file after dissolution in 2024 rather than in 2025 to avoid paying the 2025 annual fee? 2024-03-08T09:07:32-04:00
Are we required to to use the BVI self-certification template? can we use a self-certification that is similar to BVI template?2024-03-08T09:03:05-04:00

No, the BVI template is just a guide for Financial Institutions. If a Financial Institution decides not to use the BVI’s template, the FI must note that for a self certification form to be valid the FI must collect at a minimum the required information as outlined in the law (this includes, the Account Holder’s (i) name, (ii) address, (iii) jurisdiction(s) of residence for tax purposes, and (iv) tax identifying number for each Reportable Jurisdiction). The FI must ensure that the self-certification form is signed or affirmed by the account holder or the persons authorised to do so on the account holder’s behalf. 

For the Controlling Persons, should we rely on the information provided in the Self-Certification or we still need to check the Trust agreement to identify the Trustee, Settlor, and Beneficiaries? 2024-03-08T09:02:01-04:00

The FI can rely on the information included in the self-certification unless they know or have reason to know that the circumstances affecting the correctness of the self-certification have changed or cannot be relied upon. 

Is it understood that the beneficiaries will be reported only in the year when they receive a distribution? 2024-03-08T08:37:02-04:00

This is true for discretionary beneficiaries. It is important to note that the Implementation Handbook makes a distinction between beneficiaries entitled to ‘mandatory’ distributions and those who are discretionary without any enforceable rights to receive trust property. As such, the RFI must identify whether their beneficiaries are discretionary or mandatory and report according. 

 A discretionary beneficiary will be reported in the year when the distribution is made, however, a mandatory beneficiary is reported regardless of whether or not the distribution is made. The handbook continues to outline that where the FI does not otherwise calculate the account value, the financial activity that should be reported in the case of a mandatory beneficiary is the total value of all trust property and the total gross amount paid or credited to the beneficiary in the reporting period. 

Has the BVI allowed RFIs to align the scope of the beneficiaries of a trust treated as Controlling Persons of a trust with the scope of the beneficiaries of a trust treated as a Reportable Person of a trust? If so, is there any process to elect/use this approach?2024-03-08T08:38:12-04:00

Section 32A (10) of Mutual Legal Assistance (Tax Matters) Act, Revise Edition 2020 allows Reporting Financial Institutions to align the scope of Beneficiaries as controlling Person with the scope of beneficiaries treated as a reportable persons.  

 If the reporting FI elects this approach, Section 32A (11) and (12) of the MLA indicates that the Reporting Financial Institution must have appropriate procedures in the place to identify when a distribution is made. Additionally, an internal record of this option should be kept as part of its policies and procedures. There is nothing to report to the ITA when this option is used by the RFI but the RFI must be ready to demonstrate that it has elected to use this option where it is subject to a compliance review by the Compliance Unit. 

For an investment entity, is it required to include in the reporting the interest and dividends? Isnt this applicable only to Custodian Institution? 2024-03-08T08:41:37-04:00

An investment entity only has to report on a Financial Account and according to the standard an Investment Entity’s Financial Account is any equity or debt interest in the Financial Institution. Interest and Dividends are to be reported in case of a Custodial Account and interest paid is to be reported in the case of any Depository Account. An investment entity only has to report on a Financial Account and according to the standard an Investment Entity’s Financial Account is any equity or debt interest in the Financial Institution. Interest and Dividends are to be reported in case of a Custodial Account and interest paid is to be reported in the case of any Depository Account. 

BVI Law does not require that you know the value of the Trust property? What if you do not have the value of the Trust property? If a trust invests, we would know the amount being invested. How is this treated?2024-03-08T08:42:24-04:00

The standard does not base the calculation or value of a Financial Account (Trust Property) on the local laws of the BVI. The Standard at Section 1. Subparagraph A(4) – Account balance or value states that “in the case of an equity or debt interest in a Financial Institution, the balance or value of an Equity Interest is the value calculated by the Financial Institution for the purpose that requires the most frequent determination of value, and the balance or value of debt interest is its principal amount.” It is generally the balance or value that is calculated by the Financial Institution for purposes of reporting to the Account holder. As such, the RFI makes its own calculations of the value, as we are discussing a Trust, then the Trustee must, based on his common law obligations, know the value of the Trust Property etc. As the person required to calculate these balances and report to the ITA is the Trustee it is unclear who the “we” in the question is referring to and why the Trustee who is responsible for all of the actions of the Trust will not be aware of these circumstances to be able to calculate the balance. 

The OECD Implementation Handbook states that if the account holder of a trust is itself an entity the account holder must be “looked through” to identify the Controlling Person(s) of that entity. But Controlling Persons can only be reported in relation to a Passive NFE, and I have never seen a Self-Certification form requesting Active NFEs and Financial Institutions to declare its Controlling Person(s). If a Trust is required to report Controlling Person(s) of an Active NFE or a Financial Institution that is a charitable entity for example, there will most likely not be a Controlling Person through ownership and they would therefore have to report a Controlling Person through other means or a Senior Managing Official. Such a person is not entitles to any assets of the trust and is not an equity interest holder in any way and did not receive benefit from the trust, yet on the report it will look like this person received benefit and is entitled to the total value of the trust property (because they cannot be reported as Controlling Persons as this is only available for Passive NFEs on the AEOI reporting portal). The “Controlling Person” would have to be reported as the account holder themselves not being linked to the entity actually receiving the distribution. This seems to contradict the intention of the regulator and could potentially cause problems for the “Controlling Person” when filing their tax with the relevant tax authority as the CRS report filed by the trust to the tax authority will indicate that the “Controlling Person” is actually an account holder of the trust and did received benefit from a trust but they did not.2024-03-08T10:09:10-04:00

In Section V and Section VI of the CRS Commentary the following must be noted: 

 Section V. C. Entity Accounts with respect to which reporting is required. With respect to Preexisting Entity Accounts described in paragraph B, only accounts that are held by one or more Entities that are Reportable Persons, or by Passive NFEs with one or more Controlling Persons who are Reportable Persons, shall be treated as Reportable Accounts.  

 As you aware under CRS an Entity Account may become reportable twice. That is based on the residency of the entity itself (for which the CRS standard considered a Trust to be an Entity) or where the Entity is also a Passive NFE, then the look through provisions applies and if the controlling persons are reportable persons then the account become reportable again based on the Controlling persons. Section VI. A. 2. has a similar provision and a similar requirement. 

 Looking at the Implementation handbook, the conclusions there are the same. The Implementation handbook gives an example on page 121, paragraph 283, which speaks to a Trust that is also a Passive NFE. In that case because the Trust is also a Passive NFE then the look through approach has to be applied. It then goes on to identify who can be identified as Controlling persons of a Trust [who is a Passive NFE]. If however, the Trust is not a Passive NFE, there is nowhere in the Implementation handbook that suggests that the look through approach has to be applied simply because the account holder is a Trust.  

Is it possible that a BVI investment entity, which only has a Trust as its shareholders, agrees for all due diligence and reporting to be done by the Trustees?  2024-03-08T08:51:11-04:00

The BVI Investment Entity can make that decision. What should be noted is under BVI law the RFI remains responsible for any failure identified if any with the due diligence and reporting done by the Trustee.

In a trust structure are Appointers, Enforcers and successors in a reportable jurisdiction be classified and reported? 2024-03-08T08:52:18-04:00

If these persons exercise ultimate effective control over the trust, they must always be treated as controlling persons of a trust or an account holder and as such must be reported. If they do not, then they are not account holders or controlling persons.

If we have a discretionary irrevocable trust on which no beneficiary had a distribution. The settlor that was previously reported passed away. There were still no distribution to beneficiaries. Who should be reported? 2024-03-08T08:53:11-04:00

The account will not be reported since it has no account holder. As stated in our presentation the only account holder (settlor) has passed away, therefore, for the moment the RFI will treat the account as an excluded account. When circumstances change (i.e. the distributions have been made to the beneficiaries), then the account will become reportable to the ITA if the beneficiaries are reportable persons. 

Investment entity: the company has a discretionary account with private bank but this account is closed and fund in account is withdrawn. How to report this after the account is closed ? Still classify as investment entity or no longer meet as FI and out of scope passive NFE.2024-03-08T08:54:52-04:00

The Closure of any financial account that is held by a reportable person must be reported. If the closure of the account and withdrawal of the fund means that the entity no longer meets the definition of an investment then, then the RFI must also make an application for deregistration to the BVI with the information outlined in the presentations.

With regards to the Relationship manager,  In the event of an Investment Entity Type 2 whereby the financial account is the equity interest, Who will be considered as the Relationship manager? The Director of the company?2024-03-08T08:56:07-04:00

The relationship manager only becomes relevant where the account is a high value account. A relationship manager is an officer or other employee of an FFI who is assigned responsibility for specific account holders on an on-going basis (including as an officer or employee that is a member of an FFI’s private banking department), advises account holders regarding their banking, investment, trust, fiduciary, estate planning, or philanthropic needs, and recommends, makes referrals to, or arranges for the provision of financial products, services, or other assistance by internal or external providers to meet those needs. 

In circumstances where there is a restricted Class II Trust license where the trustee of the BVI is located in a reporting model 1 jurisdiction (for example, Barbados) and the investments of the BVI trusts are held outside of BVI and distributions are made to discretionary beneficiaries in a calendar year, should the CRS reporting be done through Barbados or through BVI.  The Barbados Trustee is a reporting financial institution for CRS purposes. 2024-03-08T08:57:23-04:00

The location of a Trust (as an RFI) will depend on where the trustee(s) is resident. If the Trustee of the Trust is located in Barbados, then the Trust must register with Barbados and report its financial accounts there. The Trust will not register in the BVI. 

In order to determine the controlling person of a BVI company (passive NFE) which is owned by a trust, can you advise which one is the controlling person: 1) the settlor of the trust; 2) the trustee of the trust; 3) the director of the BVI entity; or we should list all of these?2024-03-08T08:58:29-04:00

The settlor(s), Trustee(s), the protector(s) (if any), and the beneficiary/beneficiaries or class of beneficiaries, and any other natural person(s) exercising ultimate effective control over the trust (including through a chain of control or ownership), must always be treated as controlling persons of a trust, regardless of whether or not any of them exercises control over the activities of the trust. In short where they exist they must be named as controlling persons.

If a settlor contributes assets to an irrevocable trust in which the settlor is not a beneficiary and has relinquished control over such assets, does the settlor need to be reported on a CRS report as an account holder each year?2024-03-08T08:59:27-04:00

Given the fact that settlors are listed because they exercise ultimate effective control over the trust, they will have to be named. In a case where they do not have such control then they are not an account holder.

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