Centenal white.png

Help Center

基本定义

提示:以下术语基本定义来自经合组织金融账户信息自动交换共同报告标准(CRS门户网站和国家税务总局金融账户涉税信息自动交换门户网站。来自经合组织门户网站的术语为以下为翻译。如果翻译版和英文版之间存在冲突,应以英文版为准。

账户持有人


账户持有人是指由金融机构登记或者确认为账户所有者的个人或者机构,不包括代理人、名义持有人、授权签字人等为他人利益而持有账户的个人或者机构。

现金价值保险合同或者年金合同的账户持有人是指任何有权获得现金价值或者变更合同受益人的个人或者机构,不存在前述个人或者机构的,则为合同所有者以及根据合同条款对支付款项拥有既得权利的个人或者机构。现金价值保险合同或者年金合同到期时,账户持有人包括根据合同规定有权领取款项的个人或者机构。

参考:国家税务总局 财政部 中国人民银行 中国银行业监督管理委员会 中国证券监督管理委员会 中国保险监督管理委员会关于发布《非居民金融账户涉税信息尽职调查管理办法》的公告 第十一条




积极非金融机构


如果一个非金融机构符合下列任何标准,则为积极非金融机构。这些标准指的是: 基于收入和资产状况而被判定为积极非金融机构:

  • 公开交易的非金融机构;
  • 政府实体,国际组织,中央银行或其全资实体;
  • 持有非金融集团成员的非金融机构;
  • 创业非金融机构;
  • 正在清算或破产的非金融机构;
  • 作为非金融集团成员的财务中心;
  • 非营利性非金融机构。
如果实体符合以下任何标准,则该实体将被归类为积极非金融机构: a)如果一家非金融机构在上一个日历年度或者其他申报期限内所获得的被动收入少于总收入的50%,并且在此期间所持有的能够产生被动收入的资产少于总资产的50%; b)非金融机构是一间股票定期在成熟的证券市场上交易的上市公司,或者非金融机构是一个上市公司的关联公司; c)非金融机构是政府实体,国际组织,中央银行或由上述一项或多项全资拥有的实体; d)非金融机构的基本上所有活动包括持有(全部或部分)从事金融机构业务以外的交易或业务的一个或多个子公司的已发行股票,或提供融资和服务。 如果实体作为投资基金运作(或自行承担),如私募股权基金,风险投资基金,杠杆收购基金或任何旨在收购的投资工具,则实体不具备此资格的条件或基金公司,然后将这些公司的权益作为投资用途的资本资产; e)非金融机构尚未经营业务且没有先前的经营历史(“创业企业”)。但是将资本投资于资产,意图经营除金融机构以外的业务,前提是在非金融机构创始之日起24个月之后,非金融机构将不符合此创业资格; f)非金融机构在过去五年中不是金融机构,正在清算其资产或正在进行重组,意图继续或重新开展金融机构以外的业务; g)非金融机构主要从事与非金融机构相关实体的融资和对冲交易,并且不向任何非关联实体的实体提供融资或对冲服务,前提是任何此类相关的集团实体主要从事金融机构以外的业务;或者 h)非金融机构符合以下所有要求(“非营利性非金融机构): i)其税籍地权限内建立和运营,专门用于宗教,慈善,科学,艺术,文化,体育或教育目的;或者在其居住地区建立和经营,它是一个专业组织,商业联盟,商会,劳工组织,农业或园艺组织,公民联盟或专门为促进社会福利而运作的组织; ii)在其居住地区免征所得税; iii)没有股东或成员对其收入或资产拥有所有权或实益权益; iv)非金融机构的居住管辖区或非金融机构的成立文件的适用法律不允许将非正规金融服务的任何收入或资产分配给私人或非慈善实体,或者为了私人或非慈善实体的利益而申请。非正规金融慈善活动的进行,或对所提供服务的合理补偿,或代表非正规金融机构购买的财产的公平市场价值的付款;和 v)非金融机构税籍地的适用法律或非金融管理局的组建文件要求,在非正规金融机构清算或解散后,其所有资产应分配给政府实体或其他非营利组织,或者向政府部门提交。 NFE对居住或任何政治分支的管辖权。 注意:某些实体(例如美国及其领土的非金融机构)可能符合FATCA下的积极非金融机构状态,但不符合CRS下的积极非金融机构状态。 参考: 经合组织




Control


“Control” over an Entity is generally exercised by the natural person(s) who ultimately has a controlling ownership interest (typically on the basis of a certain percentage (e.g. 25%)) in the Entity. Where no natural person(s) exercises control through ownership interests, the Controlling Person(s) of the Entity will be the natural person(s) who exercises control of the Entity through other means. Where no natural person(s) is/are identified as exercising control of the Entity through ownership interests, then under the CRS the Reportable Person is deemed to be the natural person who hold the position of senior managing official.




Controlling Person(s)


“Controlling Persons” are the natural person(s) who exercise control over an entity. Where that entity is treated as a Passive Non-Financial Entity (“Passive NFE”) then a Financial Institution is required to determine whether or not these Controlling Persons are Reportable Persons. This definition corresponds to the term “beneficial owner” described in Recommendation 10 and the Interpretative Note on Recommendation 10 of the Financial Action Task Force Recommendations (as adopted in February 2012). In the case of a trust, the Controlling Person(s) are the settlor(s), the trustee(s), the protector(s) (if any), the beneficiary(ies) or class(es) of beneficiaries, or any other natural person(s) exercising ultimate effective control over the trust (including through a chain of control or ownership). Under the CRS the settlor(s), the trustee(s), the protector(s) (if any), and the beneficiary(ies) or class(es) of beneficiaries, are always treated as Controlling Persons of a trust, regardless of whether or not any of them exercises control over the activities of the trust. Where the settlor(s) of a trust is an Entity then the CRS requires Financial Institutions to also identify the Controlling Persons of the settlor(s) and when required report them as Controlling Persons of the trust. In the case of a legal arrangement other than a trust, “Controlling Person(s) means persons in equivalent or similar positions.




Custodial Institution


The term “Custodial Institution” means any Entity that holds, as a substantial portion of its business, Financial Assets for the account of others. This is where the Entity’s gross income attributable to the holding of Financial Assets and related financial services equals or exceeds 20% of the Entity’s gross income during the shorter of: (i) the three-year period that ends on 31 December (or the final day of a non-calendar year accounting period) prior to the year in which the determination is being made; or (ii) the period during which the Entity has been in existence. "Depository Institution" The term “Depository Institution” means any Entity that accepts deposits in the ordinary course of a banking or similar business.




FATCA


FATCA stands for the U.S. provisions commonly known as the Foreign Account Tax Compliance Act, which were enacted into U.S. law as part of the Hiring Incentives to Restore Employment (HIRE) Act on March 18, 2010. FATCA creates a new information reporting and withholding regime for payments made to certain non-U.S. financial institutions and other non-U.S. entities.




Entity


The term “Entity” means a legal person or a legal arrangement, such as a corporation, organisation, partnership, trust or foundation. This term covers any person other than an individual (i.e. a natural person).




Financial Institutions


The term “Financial Institution” means a “Custodial Institution”, a “Depository Institution”, an “Investment Entity”, or a “Specified Insurance Company”. Please see the relevant domestic guidance and the CRS for further classification definitions that apply to Financial Institutions.




Investment Entity


The term “Investment Entity” includes two types of Entities: (i) an Entity that primarily conducts as a business one or more of the following activities or operations for or on behalf of a customer:

  • Trading in money market instruments (cheques, bills, certificates of deposit, derivatives, etc.); foreign exchange; exchange, interest rate and index instruments; transferable securities; or commodity futures trading;
  • Individual and collective portfolio management; or
  • Otherwise investing, administering, or managing Financial Assets or money on behalf of other persons.
Such activities or operations do not include rendering non-binding investment advice to a customer. (ii) ”The second type of “Investment Entity” (“Investment Entity managed by another Financial Institution”) is any Entity the gross income of which is primarily attributable to investing, reinvesting, or trading in Financial Assets where the Entity is managed by another Entity that is a Depository Institution, a Custodial Institution, a Specified Insurance Company, or the first type of Investment Entity.




Investment Entity located in a Non-Participating Jurisdiction and managed by another Financial Institution


The term “Investment Entity located in a Non-Participating Jurisdiction and managed by another Financial Institution” means any Entity the gross income of which is primarily attributable to investing, reinvesting, or trading in Financial Assets if the Entity is: (i) managed by a Financial Institution and (ii) not a Participating Jurisdiction Financial Institution.




Investment Entity managed by another Financial Institution


”An Entity is “managed by” another Entity if the managing Entity performs, either directly or through another service provider on behalf of the managed Entity, any of the activities or operations described in clause (i) above in the definition of ‘Investment Entity’. An Entity only manages another Entity if it has discretionary authority to manage the other Entity’s assets (either in whole or part). Where an Entity is managed by a mix of Financial Institutions, NFEs or individuals, the Entity is considered to be managed by another Entity that is a Depository Institution, a Custodial Institution, a Specified Insurance Company, or the first type of Investment Entity, if any of the managing Entities is such another Entity.




NFE


An “NFE” is any Entity that is not a Financial Institution.




Non-Reporting Financial Institution


A Non-Reporting Financial Institution” means any Financial Institution that is:

  • a Governmental Entity, International Organisation or Central Bank, other than with respect to a payment that is derived from an obligation held in connection with a commercial financial activity of a type engaged in by a Specified Insurance Company, Custodial Institution, or Depository Institution;
  • a Broad Participation Retirement Fund; a Narrow Participation Retirement Fund; a Pension Fund of a Governmental Entity, International Organisation or Central Bank; or a Qualified Credit Card Issuer;
  • an Exempt Collective Investment Vehicle; or
  • a Trustee-Documented Trust: a trust where the trustee of the trust is a Reporting Financial Institution and reports
  • all information required to be reported with respect to all Reportable Accounts of the trust;
  • any other defined in a countries domestic law as a Non-Reporting Financial Institution.




Participating Jurisdiction


A “Participating Jurisdiction” means a jurisdiction with which an agreement is in place pursuant to which it will provide the information required on the automatic exchange of financial account information set out in the Common Reporting Standard and that is identified in a published list.




Participating Jurisdiction Financial Institution


The term “Participating Jurisdiction Financial Institution means (i) any Financial Institution that is tax resident in a Participating Jurisdiction, but excludes any branch of that Financial Institution that is located outside of that jurisdiction, and (ii) any branch of a Financial Institution that is not tax resident in a Participating Jurisdiction, if that branch is located in such Participating Jurisdiction.




Passive NFE


Under the CRS a “Passive NFE” means any NFE that is not an Active NFE. An Investment Entity located in a Non-Participating Jurisdiction and managed by another Financial Institution is also treated as a Passive NFE for purposes of the CRS.




Related Entity


An Entity is a “Related Entity” of another Entity if either Entity controls the other Entity, or the two Entities are under common control. For this purpose control includes direct or indirect ownership of more than 50% of the vote and value in an Entity.




Reportable Account


The term “Reportable Account” means an account held by one or more Reportable Persons or by a Passive NFE with one or more Controlling Persons that is a Reportable Person.




Reportable Jurisdiction


A Reportable Jurisdiction is a jurisdiction with which an obligation to provide financial account information is in place and that is identified in a published list.




Reportable Person


A Reportable Person is an individual (or entity) that is tax resident in a Reportable Jurisdiction under the laws of that jurisdiction. The Account Holder will normally be the “Reportable Person”; however, in the case of an Account Holder that is a Passive NFE, a Reportable Person also includes any Controlling Persons who are tax resident in a Reportable Jurisdiction. Dual resident individuals may rely on the tiebreaker rules contained in tax conventions (if applicable) to solve cases of double residence for purposes of determining their residence for tax purposes.




Resident for tax purposes


Each jurisdiction has its own rules for defining tax residence, and jurisdictions have provided information on how to determine whether an entity is tax resident in the jurisdiction on the OECD automatic exchange of information portal. Generally, an Entity will be resident for tax purposes in a jurisdiction if, under the laws of that jurisdiction (including tax conventions), it pays or should be paying tax therein by reason of his domicile, residence, place of management or incorporation, or any other criterion of a similar nature, and not only from sources in that jurisdiction. Dual resident Entities may rely on the tiebreaker rules contained in tax conventions (if applicable) to solve cases of double residence for determining their residence for tax purposes. An Entity such as a partnership, limited liability partnership or similar legal arrangement that has no residence for tax purposes shall be treated as resident in the jurisdiction in which its place of effective management is situated. For additional information on tax residence, please talk to your tax adviser or see the OECD automatic exchange of information portal.




Specified Insurance Company


The term “Specified Insurance Company” means any Entity that is an insurance company (or the holding company of an insurance company) that issues, or is obligated to make payments with respect to, a Cash Value Insurance Contract or an Annuity Contract.




TIN (including “functional equivalent”)


The term “TIN” means Taxpayer Identification Number or a functional equivalent in the absence of a TIN. A TIN is a unique combination of letters or numbers assigned by a jurisdiction to an individual or an Entity and used to identify the individual or Entity for the purposes of administering the tax laws of such jurisdiction. Further details of acceptable TINs can be found at the OECD automatic exchange of information portal. Some jurisdictions do not issue a TIN. However, these jurisdictions often utilise some other high integrity number with an equivalent level of identification (a “functional equivalent”). Examples of that type of number include, for Entities, a Business/company registration code/number.




Financial Account


A Financial Account is an account maintained by a Financial Institution and includes: Depository Accounts; Custodial Accounts; Equity and debt interest in certain Investment Entities; Cash Value Insurance Contracts; and Annuity Contracts.





© Copyright 2018 Centenal

linkedin.png
Twitter.png