CRS & FACTA Update from the Cayman Islands Department for International Tax Cooperation (“DITC”)
The DITC has issued guidance that each Cayman Islands company, partnership and trust, and its directors or equivalent fiduciaries, must ensure that it has been correctly classified for the purposes of the Common Reporting Standard (CRS) and /or Foreign Account Tax Compliance Act (FATCA) Regulations.
The DITC will cross reference CRS and FATCA notification data against other data sources, such as Economic Substance notifications (“ESNs”), CIMA licences and registrations, General Registry nature of business classifications, and the IRS GIIN registration list.
Under current regulations it is an offence for Financial Institutions (“FIs”) to fail to notify the DITC of their correct classification. All FIs with reporting obligations must, in addition, observe all other requirements under the CRS and FACTA Regulations. Any discrepancy found in classifications by the DITC will be met with appropriate compliance and enforcement action.
Each FI and its directors, or equivalent fiduciaries, are responsible for compliance with the FACTA Regulations and may incur administrative penalties or other sanctions if there are found to be non-compliant. It is therefore important to ensure that all classifications are correct.
Portal Access & Reporting Obligations
In addition, the DITC has also issued a reminder that the Cayman Financial Institution (“CFI”) must appoint a Principal Point of Contact (PPoC) and an Authorising Person (AP) in all cases. It is the responsibility of the CFI to assign persons and ensure that they have full access to their account on the DITC portal.
Waystone’s FACTA/CRS Compliance Solution
Waystone’s team of compliance professional can assist you with all matters pertaining to your classifications and filings for FATCA/CRS, including filing your ES returns.
CRS & FATCA Reporting Deadlines
The table below highlights all reporting deadlines for the 2019 and 2020 reporting period:
| Reporting obligation | Deadline |
|---|---|
| Registration (notification) | 30 April 2021 |
| 2019 & 2020 CRS Reporting | 31 July 2021 |
| 2019 & 2020 CRS Filing Declaration | 31 July 2021 |
| 2019 & 2020 FATCA Reporting | 31 July 2021 |
| 2019 & 2020 CRS Compliance Form | 15 September 2021 |
Please also note that the filing deadlines for the following jurisdictions are as follows:
| Singapore, BVI and the UK | 31 May 2021 |
| Luxembourg and Ireland | 30 June 2021 |
If you require any further information, please reach out to your usual Waystone representative or contact us below: