Einde inhoudsopgave
Agreement between the Kingdom of the Netherlands and the United States of America to improve international tax compliance and to implement FATCA
Article 2 Obligations to Obtain and Exchange Information with Respect to Reportable Accounts
Geldend
Geldend vanaf 09-04-2015
- Bronpublicatie:
18-12-2013, Trb. 2014, 22 (uitgifte: 30-01-2014, kamerstukken/regelingnummer: -)
- Inwerkingtreding
09-04-2015
- Bronpublicatie inwerkingtreding:
28-04-2015, Trb. 2015, 72 (uitgifte: 28-04-2015, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal belastingrecht (V)
Internationaal belastingrecht / Belastingverdragen
Internationaal belastingrecht / Inlichtingenuitwisseling en wederzijdse bijstand
1.
Subject to the provisions of Article 3 of this Agreement, each Party shall obtain the information specified in paragraph 2 of this Article with respect to all Reportable Accounts and shall annually exchange this information with the other Party on an automatic basis pursuant to either or both of the Conventions, as appropriate.
2.
The information to be obtained and exchanged is:
- a)
In the case of the Netherlands with respect to each U.S. Reportable Account of each Reporting Netherlands Financial Institution:
- 1.
the name, address, and U.S. TIN of each Specified U.S. Person that is an Account Holder of such account and, in the case of a Non-U.S. Entity that, after application of the due diligence procedures set forth in Annex I, is identified as having one or more Controlling Persons that is a Specified U.S. Person, the name, address, and U.S. TIN (if any) of such entity and each such Specified U.S. Person;
- 2.
the account number (or functional equivalent in the absence of an account number);
- 3.
the name and identifying number of the Reporting Netherlands Financial Institution;
- 4.
the account balance or value (including, in the case of a Cash Value Insurance Contract or Annuity Contract, the Cash Value or surrender value) as of the end of the relevant calendar year or other appropriate reporting period or, if the account was closed during such year, immediately before closure;
- 5.
in the case of any Custodial Account:
- A)
the total gross amount of interest, the total gross amount of dividends, and the total gross amount of other income generated with respect to the assets held in the account, in each case paid or credited to the account (or with respect to the account) during the calendar year or other appropriate reporting period; and
- B)
the total gross proceeds from the sale or redemption of property paid or credited to the account during the calendar year or other appropriate reporting period with respect to which the Reporting Netherlands Financial Institution acted as a custodian, broker, nominee, or otherwise as an agent for the Account Holder;
- 6.
in the case of any Depository Account, the total gross amount of interest paid or credited to the account during the calendar year or other appropriate reporting period; and
- 7.
in the case of any account not described in subparagraph 2(a)(5) or 2(a)(6) of this Article, the total gross amount paid or credited to the Account Holder with respect to the account during the calendar year or other appropriate reporting period with respect to which the Reporting Netherlands Financial Institution is the obligor or debtor, including the aggregate amount of any redemption payments made to the Account Holder during the calendar year or other appropriate reporting period.
- b)
In the case of the United States, with respect to each Netherlands Reportable Account of each Reporting U.S. Financial Institution:
- 1.
the name, address, and Netherlands TIN of any person that is a resident of the Netherlands and is an Account Holder of the account;
- 2.
the account number (or the functional equivalent in the absence of an account number);
- 3.
the name and identifying number of the Reporting U.S. Financial Institution;
- 4.
the gross amount of interest paid on a Depository Account;
- 5.
the gross amount of U.S. source dividends paid or credited to the account; and
- 6.
the gross amount of other U.S. source income paid or credited to the account, to the extent subject to reporting under chapter 3 of subtitle A or chapter 61 of subtitle F of the U.S. Internal Revenue Code.