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Submission of information to foreign tax authorities

To comply with the requirements of the Agreement between the Government of the Republic of Belarus and the Government of the United States of America to improve international tax compliance and to implement the Foreign Account Tax Compliance Act (“FATCA”), JSC Belagroprombank (the “Bank”):

  • Identifies direct and indirect account owners to establish whether they are U.S. taxpayers;
  • Annually report the information on the U.S. taxpayers’ accounts with the Bank, total income, account balance and turnover on the account to the Ministry of Taxies and Duties who will forward the information to the U.S. Internal Revenue Service.
  • to hold, as required, 30% from any payment which is withholdable payment from a source in the USA concerning accounts owners who are not interested to provide information to the Inland Revenue Service of the USA.

In case of belonging to taxpayers of the USA, the clients having the Bank accounts as well as the legal entities and individuals who have addressed to the Bank for opening the account (the conclusion of a contract) are obliged:

-to fill in the corresponding form for status definition as a taxpayer of the USA and necessity of aceptance requirements of FATCA;

-filling the W-9 Form to provide the written consent to the relevant information transfer to the Internal Revenue Service of the USA.

  • individuals, including sole proprietors:

W-9 – if U.S. indicia are direct (U.S. Citizen or Resident);
W-8-BEN - if U.S. indicia are indirect (a U.S. place of birth, a U.S. residence address or mailing address, a U.S. telephone number, standing instructions to transfer funds to an account in the U.S., a currently effective power of attorney or signatory authority granted to a person with a U.S. address);

  • legal entities:

W-9  – the country of incorporation or residence is the USA;
W-8-BEN-E – if there are one or more controlling persons (founders, beneficiary owners) who are U.S. citizens/residents, or a U.S. entity) and have 10 and more percent of shares in charter capital.

Additionally, founders/beneficiaries are required to complete:

  • W-9 Form – if U.S. indicia are direct;
  • W-8-BEN Form - if U.S. indicia are indirect.

When completing a W-9 Form, a person gives his\her written consent for the necessary information to be forwarded to IRS (consent is given on the form).

In accordance with sub-clause 1.4 of the Decree of the President of the Republic of Belarus No422 от 15.10.2015 “On submission of information to foreign tax authorities”. The bank refuses opening the account to the organization or an individual as well as in unilateral manner refuses performance of the signed contract * with the client in instances:

  • refusal of filling the established documents;
  • non-presentation of required documents and information applicable for implementation of obligations under the Contract;
  • refusal of consent for the information performance to IRS.

    * Concerning individuals about whom the Bank has documentary confirmed bases to consider that they are taxpayers of the USA.
     
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