FATCA Status: Participating Foreign Financial Institution
Alhambra Bank and Trust, located in the Cayman Islands, is classified as a Participating Foreign Financial Institution (PFFI) under the Foreign Account Tax Compliance Act (FATCA). This classification is based on the following factors:
⦁ Entity Type: Alhambra Bank and Trust qualifies as a Financial Institution under FATCA, specifically as a Depository Institution, as it accepts deposits in the ordinary course of a banking business.
⦁ Jurisdiction: The Cayman Islands is considered a Foreign Jurisdiction under FATCA, as it is not part of the United States or its territories.
⦁ FATCA Agreement: Alhambra Bank and Trust has entered into an agreement with the U.S. Internal Revenue Service (IRS) to comply with FATCA regulations.
FATCA Compliance Measures
To maintain its status as a Participating Foreign Financial Institution, Alhambra Bank and Trust implements the following compliance measures:
1. GIIN Registration
Alhambra Bank and Trust has obtained a Global Intermediary Identification Number (GIIN) from the IRS. This GIIN is used for:
⦁ Reporting purposes
⦁ Establishing FATCA-compliant status
⦁ Identifying the institution in FATCA-related communications
2. Due Diligence Procedures
The bank has implemented robust due diligence procedures to identify U.S. accounts and account holders, including: a) Existing Account Review: Thorough examination of existing account information for U.S. indicia. b) Self-Certifications: Obtaining and validating self-certifications from account holders to determine their FATCA status. c) Enhanced Review for High-Value Accounts: Conducting additional scrutiny for accounts exceeding certain thresholds.
3. Reporting Obligations
Alhambra Bank and Trust fulfills its reporting obligations by submitting annual reports to the IRS or the Cayman Islands Tax Information Authority, including: a) U.S. Account Information: Detailed reporting on accounts held by U.S. persons. b) Aggregate Reporting: Information on recalcitrant account holders. c) Payment Reporting: Details of payments made to Non-Participating Foreign Financial Institutions.
4. Withholding Requirements
The bank acts as a withholding agent, applying the appropriate withholding tax on certain payments to non-compliant entities or individuals, in accordance with FATCA regulations.
5. Comprehensive Compliance Program
Alhambra Bank and Trust has established a comprehensive FATCA compliance program, including: a) Responsible Officer: Appointment of a dedicated officer overseeing FATCA compliance. b) Staff Training: Regular and comprehensive training on FATCA requirements for relevant personnel. c) Internal Reviews and Audits: Periodic assessments to ensure ongoing compliance with FATCA regulations.
Regulatory Compliance
Alhambra Bank and Trust ensures compliance with various regulatory bodies, including:
⦁ Cayman Islands Monetary Authority (CIMA): Adheres to local banking regulations and FATCA-related guidance issued by CIMA.
⦁ U.S. Internal Revenue Service (IRS): Complies with FATCA regulations and reporting requirements as outlined in the U.S. Internal Revenue Code and related Treasury Regulations.
⦁ Cayman Islands Tax Information Authority: Cooperates with local authorities for FATCA reporting and information exchange purposes.
⦁ Financial Action Task Force (FATF): Implements anti-money laundering (AML) and counter-terrorist financing (CTF) measures in line with FATF recommendations.
⦁ Office of Foreign Assets Control (OFAC): Ensures compliance with U.S. sanctions and embargoes.
Ongoing Compliance Efforts
To maintain its FATCA-compliant status, Alhambra Bank and Trust:
⦁ Regularly updates its policies and procedures to reflect changes in FATCA regulations and guidance.
⦁ Conducts periodic reviews of its account base to ensure continued compliance with identification and reporting requirements.
⦁ Stays informed about updates to the U.S.-Cayman Islands Intergovernmental Agreement (IGA) that may affect its FATCA obligations.
⦁ Maintains open communication channels with relevant regulatory bodies to address any compliance concerns promptly.
⦁ Implements robust data protection measures to safeguard client information in accordance with local and international privacy laws.