Common use of Determine Whether Clause in Contracts

Determine Whether. a Financial Institution is a Nonparticipating Financial Institution Payments to Which Are Subject to Aggregate Reporting Under Paragraph 1(b) of Article 4 of the Agreement. a) Subject to subparagraph (b) of this paragraph, if the account holder is a [FATCA Partner] Financial Institution or a Partner Jurisdiction Financial Institution, then no further review, identification, or reporting is required with respect to the account. b) A [FATCA Partner] Financial Institution or Partner Jurisdiction Financial Institution will be treated as a Nonparticipating Financial Institution if it is identified as such pursuant to paragraph 2 of Article 5 of the Agreement. c) If the account holder, is not a [FATCA Partner] Financial Institution or Partner Jurisdiction Financial Institution, then the Reporting [FATCA Partner] Financial Institution must treat the entity as a Nonparticipating Financial Institution payments to which are reportable under paragraph 1(b) of Article 4 of the Agreement, unless the Reporting [FATCA Partner]: (1) Obtains a self-certification (which may be on an IRS Form W-8 or similar agreed form) from the entity that it is a certified deemed-compliant FFI, an exempt beneficial owner, or an excepted FFI, as those terms are defined in relevant U.S. Treasury Regulations; or (2) In the case of a participating FFI or registered deemed- compliant FFI, verifies the entity’s FATCA identifying number on a published IRS FFI list.

Appears in 8 contracts

Samples: Intergovernmental Agreement to Improve Tax Compliance and Implement Fatca, Intergovernmental Agreement to Improve Tax Compliance and to Implement Fatca, Intergovernmental Agreement to Improve Tax Compliance and to Implement Fatca

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