Common Reporting Standard (CRS) and FATCA at Raiffeisen Invest Albania

What is the Common Reporting Standard (CRS)??
In 2014, the Organization for Economic Cooperation and Development (OECD) has published a global Standard for the Automatic Exchange of Financial Account Information. The so-called Common Reporting Standard (CRS) essentially constitutes a regulatory reporting requirement for Financial Institutions seated in participating jurisdictions (currently more than 100 jurisdictions) and pursues the aim to avoid tax evasion.

In December 2014 the CRS was implemented in the EU-Directive on Administrative Assistance in Tax Matters.Due to that European Member States were obligated to implement the provisions into national law.

In Albania the standard is implemented through Law nr4 dated 31.01.2020.

Customer Identification, Documentation and Reporting Obligation of Albanian Financial Institutions
According to the provisions set forth in the Law nr 4 dated 31.01.2020 Financial Institutions in Albania are obligated to implement appropriate measures to identify their customer’s tax residence (relevant customers are private individuals, entities and under certain circumstances controlling persons) and the Tax Identification Number of the respective jurisdiction of tax residence. Financial Institutions are further required to report financial accounts maintained by customers who are resident for tax purposes in a participating jurisdiction to the national tax authority which again may exchange the information with the tax authorities of another country or countries in which the customer (or in certain cases the controlling persons) may be tax resident.

Reportable Data according to CRS Albanian Law
The report of financial accounts includes certain data about the account holder (in certain cases also about the controlling person) as well as data about the account. According to the provisions of the Law, the following information has to be reported to the tax authority:

Per individet:

• Name
• Address
• Jurisdiction(s) of Residence
• Tax identification number(s)
• Date and place of birth (for natural persons)
• account number(s) for savings, depository, current and custodial accounts
• account balances or values as of the end of the calendar year or the closure of the account
• the total gross amount of income, dividends or other income generated with respect to the assets held in the account, as well as total gross proceeds from the sale or redemption of financial assets, in each case paid or credited to the account during the calendar year or other reporting period

In the case of entities additionally the controlling person(s) of the entity, identified in accordance with the provisions of the GMSG:

• Name
• Address
• Jurisdiction(s) of Residence
• Tax Identification Number(s)
• Date and place of birth

Not reportable “excluded” accounts
In this regard the legislator has also defined certain exemptions for accounts which are no reportable financial accounts.

Non reportable persons:

Furthermore an exemption exists for specific customers who are not defined as “reportable persons”. These are Financial Institutions, Governmental Entity, International Organizations, Central Banks, Corporations the stock of which is regularly traded on one or more established securities markets (or a related entity thereof).

Albania committed to participate in the OECD Automated Exchange of Information (AEOI) and to implemented CRS in local jurisdiction.
Starting on 11.03.2020 all Financial Institutions seated in Albania are obligated to implement procedures and measures in order to meet the due diligence obligations according to Law nr 4 dated 31.01.2020. Hence all customers who want to open a new account are required to provide a reasonable Self-Certification to determine their tax residence(s) and their respective Tax Identification Number(s).
Under certain circumstances also for Pre-existing Accounts/Pre-existing Customers that do not open a new account are also required to provide a reasonable Self-Certification in order to clearly determine their tax residence(s) and their Tax Identification Number(s). In general, the necessary TIN information to be provided by the customer correlates with the unlimited income tax liability of the tax resident in the country of tax residence.

Mandatory Self-Certifications for all (new) Accounts/Customers
It should be pointed out that the obligation to provide a reasonable Self-Certification applies for all customers, irrespective of their tax residence, thus, also for customers who are exclusively tax resident in Albania.

If customers are unsure about their tax residence(s), they should consult their tax adviser in order to clarify their residence(s) for tax purposes.

It is important to emphasize that Raiffeisen Invest is prohibited from providing any tax or legal advice.

Further information about the OECD Common Reporting Standard can be found on the Automatic Exchange Portal of the OECD of the OECD.

The self-declaration form can be downloaded at the below links. After it is completed and signed, you can send it either by mail or scanned by e-mail, to your bank relationship manager or to the email address: [email protected].

CRS-Forms:
Self certification for Private Individuals
Self Certification for Entities

Further documents and links:
Personal Data Protection

OECD Standard for the Automatic Exchange of Financial Account Information

Tax procedures in the Republic of Albania

About FATCA
Foreign Account Tax Compliance Act (FATCA) is a US legislation that was enacted in March 18, 2010 and became effective on July 1, 2014. FATCA is essentially a regulatory reporting requirement for foreign financial institutions on their US account holder base.

Raiffeisen Invest as subsidiary of Raiffeisen Bank Albania as all units of Raiffeisen Bank International and RZB Group have recognized the importance of FATCA and comply with the FATCA requirements.

Raiffeisen Invest fulfills FATCA requirements regarding customer identification and reporting based on customer Consent.

Raiffeisen Invest Albania sh.a has already registered itself on the U.S. IRS website with the FATCA Status “Participating Financial Institution not covered by an IGA; and has received “28CWN4.00019.ME.008 ” as Global Intermediary Identification Number (GIIN).

If you have any further questions, please contact the FATCA Responsible Officer.

FATCA-Forms:
W-9

W-8BEN

W-8BEN-E

W-8IMY

Consent to Report