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SEBI / Portfolio Managers

FATCA and CRS Compliance for Portfolio Managers — Reporting Obligations

A comprehensive guide to FATCA and CRS compliance for Portfolio Managers, covering reporting obligations and requirements.

25 Jul 20263 min read

Portfolio managers have specific reporting obligations under FATCA and CRS. This article explains the requirements and compliance obligations.

What is FATCA?

Definition

FATCA (Foreign Account Tax Compliance Act) is a US law that requires foreign financial institutions to report information about financial accounts held by US persons to the IRS.

Purpose

FATCA aims to prevent tax evasion by US persons using foreign accounts.

What is CRS?

Definition

CRS (Common Reporting Standard) is a global standard for the automatic exchange of financial account information developed by the OECD.

Purpose

CRS aims to combat tax evasion through the automatic exchange of information between jurisdictions.

Reporting Obligations

Self-Certification

All financial institutions must collect FATCA and CRS self-certification from clients.

Documentation

Portfolio managers must:

  • Obtain valid self-certifications/FATCA and CRS declaration forms with documentary evidence as part of the account opening documentation
  • Collect FATCA/CRS declaration forms

Reporting

Financial institutions are required to certify to SEBI on an annual basis regarding compliance with FATCA/CRS requirements.

Due Diligence

New Accounts

FATCA/CRS due diligence will be directed at each investor/unit holder (including joint investor).

Existing Accounts

Portfolio managers must conduct due diligence on existing accounts.

Reportable Persons

On being identified as a reportable person/specified US person, all the folios will be reported.

Compliance Requirements

Account Opening

Portfolio managers must:

  • Obtain FATCA/CRS declaration as part of account opening
  • Verify the declaration
  • Maintain records

Annual Certification

Portfolio managers must:

  • Certify to SEBI on an annual basis
  • Ensure compliance with Rules 114F to 114H of Income-tax rules relating to FATCA/CRS

Record Keeping

Maintain records of all FATCA/CRS declarations and reporting.

Centralisation of Certifications

KRA Centralisation

There has been centralization of certifications under FATCA and CRS at KRAs.

APMI Guidance

APMI has issued guidance notes for FATCA and CRS submission.

Consequences of Non-Compliance

Regulatory Action

Non-compliance with FATCA/CRS requirements can result in enforcement action by SEBI.

Penalties

FATCA non-compliance can result in withholding tax penalties.

Reputational Damage

FATCA/CRS non-compliance can cause reputational damage.

Expert Legal Guidance

Anuj Desai & Associates provides expert legal advisory services on FATCA and CRS compliance for portfolio managers. Our securities law experts help clients implement compliant processes, collect required declarations, and ensure regulatory compliance. Contact us for guidance on FATCA and CRS and other regulatory matters.


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