FATCA & CRS
The Foreign Account Tax Compliance Act (FATCA), Common Reporting Standard (CRS), and how it affects SCU members.
FATCA
In 2014, Canada and the United States signed an inter-governmental agreement known as the Foreign Account Tax Compliance Act (FATCA). This Act requires Canadian financial institutions, SCU included, to identify and report U.S. members to the Canada Revenue Agency (CRA).
CRS
The Common Reporting Standard (CRS) is an international reporting standard for automatic exchange of financial account information between tax administrations. As of July 2017, Canadian financial institutions, SCU included, must identify accounts held by members who are tax residents in countries other than Canada or the U.S. and report this information to the CRA.
For more information please visit:
- CRA: www.cra-arc.gc.ca/tx/nnrsdnts/nhncdrprtng/menu-eng.html
- IRS: www.irs.gov/Businesses/Corporations/foreign-account-tax-compliance-act-FATCA
We diligently review FATCA and CRS regulations to ensure we are reporting accurately, while maintaining our high privacy standards.
How does this affect me?
All members of SCU are required to complete a self-declaration to confirm their country of tax residence. This includes providing all required information, such as foreign tax identification numbers.
Members must also inform SCU of any changes of circumstance, as a new tax declaration may be required. Members must advise of the change and complete a new form within 90 days. Failure to complete a new declaration may result in a member’s account becoming reportable.
What happens if I refuse to provide the requested information?
CRA imposes strict penalties on financial institutions that do not obtain self-declarations for their members. This is why it is mandatory for all members to complete this documentation to hold accounts with SCU.
CRA also imposes penalties to members for failing to provide required information in relation to their circumstances. Failure to provide a foreign tax identification number from a jurisdiction that provides these carries a penalty of $500 (CRS). Failure to provide a U.S. tax number carries a penalty of $100 (FATCA).
I am not a U.S. or international person. What do these laws mean for me?
We are required to have all members, Canadians included, declare their tax residency and provide supporting documentation when opening a membership.
If you have an existing account and there is an indication that you may be either a U.S. or international person, we may ask you to complete a form declaring your tax residency and provide additional documentation or information to support
your declaration.
I am not a U.S. person but I have an account in U.S. Dollars. Does this mean my accounts will be reported to the CRA?
No, the currency of an account has no impact on whether or not it is treated as a reportable account.
Whom should I contact with more questions?
You may want to consult with your personal tax advisor or visit the CRA or IRS websites for more information.
Frequently asked questions
Reportable accounts are individual and entity accounts held by:
- Persons with U.S. or international tax residency
- Entities with tax residency outside of Canada
- Canadian entities with controlling persons that have U.S. or international tax residency. Additional circumstances may also apply as reportable accounts.
We may request that existing members complete a form declaring their tax residency, based on certain criteria, or when a member has a change in circumstances. We will then review the information you provide against the applicable requirements to determine if your accounts are reportable.
In addition, please note that businesses with passive income will be required to complete tax residency for controlling persons.
- Identifying information for the account holder (name and address)
- Taxpayer identification numbers
- Date of birth (for CRS)
- Account number
- Account balance or value at year-end
- Interest paid to the account
All information listed is subject to change without notice and is not binding on decisions made by SCU.