FATCA FAQs - Issues Involving Mismatch Between Tax Treaty Country and Address

FATCA related FAQs involving mismatches between tax treaty country and address. See KB2601 for other FATCA related FAQ topics.

 

Q1: I claimed treaty benefits in one country but have an address outside that treaty country. Why did I receive an email asking for additional documentation?
 

A1: We are required to verify your connection with the treaty country since you also have an address outside that country. We can process your claim for treaty benefits if you provide one document from Category (A) AND one document from Category (B) below.
 

                                Category (A)
AND
Category (B)
ANY OF the following unexpired documents issued by the treaty country:
ANY OF the following documents that match your address in the treaty country:
·         Driver’s license
·         Driver’s license
·         Passport
·         Bank or brokerage statement*
·         National identity card
·         Utility bill*

*Bank or brokerage statements and utility bills must be less than 12 months old.  Alternatively, if you cannot provide documents from both categories, please provide a written explanation as to why you are entitled to treaty benefits together with any supporting documentation. Note: we may request further information or documentation from you depending on the explanation provided.
 

 

Q2: I submitted a proof of address and I received an email that the document submission did not resolve the issue. Why?
 

A2: Please confirm that the proof of identity you submitted was issued by the treaty country and that the proof of address relates to your address in the treaty country. A proof of address document alone is not sufficient to resolve the matter. Sometimes, customers inadvertently submit documentation for the other address. Please check the date of the proof of address document. We can only accept documents dated less than 12 months old. Also confirm you submitted a proof of identity document from the treaty country.
 

 

Q3: I live in Hong Kong and chose China as my tax treaty country on my Form W-8BEN. I received a notification saying the proof of address and proof of identity I submitted was not sufficient to claim benefits under the U.S.-China tax treaty. Hong Kong is a Special Administrative Region of the People’s Republic of China, so the U.S.-China tax treaty applies to it, correct?
 

A3: No. According to the US Internal Revenue Service, the U.S.-People’s Republic of China tax treaty does NOT apply to Hong Kong. Unless you can provide a proof of address and identity in the People’s Republic of China or provide other evidence that you are a tax resident of People’s Republic of China, you may not claim Chinese tax treaty benefits.
 

 

Q4: I live in Macau and chose China as my tax treaty country on my Form W-8BEN. I received an e-mail saying that the proof of address I submitted for my Macau address was not sufficient to claim benefits under the U.S.-China tax treaty. Macau is a Special Administrative Region of the People’s Republic of China, so the U.S.-China tax treaty applies to it, correct?
 

A4: No. According to the U.S. Internal Revenue Service, the U.S.- People’s Republic of China tax treaty does NOT apply to Macau. Unless you can provide a proof of address and identity in the People’s Republic of China or provide other evidence that you are a tax resident of People’s Republic of China, you may not claim Chinese tax treaty benefits.
 

 

Q5: I live in Taiwan and chose China as my tax treaty country on my Form W-8BEN. I received an e-mail saying that the proof of address I submitted for my address in Taiwan was not sufficient to claim benefits under the U.S.-China tax treaty. Taiwan is formally known as the Republic of China, so the U.S.-China tax treaty applies to it, correct?
 

A5: No. According to the US Internal Revenue Service, the U.S.- People’s Republic of China tax treaty does NOT apply to Taiwan. Unless you can provide a proof of address in People’s Republic of China or provide other evidence that you are a tax resident of People’s Republic of China, you may not claim Chinese tax treaty benefits.
 

 

Q6: The information you have in your master file is out-of-date. I moved so that the address you identified as outside the treaty country is incorrect. What should I do?
 

A6: The fastest and most effective way to remedy the situation is to provide the requested information (see FAQ#1 above) so that our records are complete. You should also log into Account Management and make any required changes to your personal information.
 

 

We do not provide tax advice. Please consult your tax advisor for advice in completing tax forms and determining your taxpayer status.

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