Financial Services Bureau: https://www.dsf.gov.mo/aeoi/crs/?lang=en
Organization for Economic Co-operation and Development: https://www.oecd.org/
State Taxation Administration: https://www.chinatax.gov.cn/eng/home.html
No. The account holder is the beneficiary, not the agent, of the account. You are not the account holder, but your spouse. Since your spouse is not a tax resident of Country C, the account information will not be exchanged. Only information of a financial account of which the beneficiary, and not the agent, is a tax resident of Country C will be exchanged.
If you are not a tax resident in any territory outside Macau, the financial institution is not required and should not report your financial account information to IRD for transmission to any tax administration outside Macau.
- Dividend
- Interest
- Income equivalent to interest
- Rent and royalty
- Annuities
- Net income from swaps
- Amounts received under Cash Value Insurance Contracts
In general, an entity will be classified as Active NFE if it meets any of the following criteria:
less than 50% of the NFE's gross income for the preceding calendar year or other appropriate reporting period is passive income and less than 50% of the assets held by
the NFE during the preceding calendar year or other appropriate reporting period are assets that produce or are held for the production of passive income;
A “Passive NFE” means any: (i) NFE that is not an Active NFE; and (ii) Investment Entity located in a Non-Participating Jurisdiction and managed by another Financial Institution.
According to CRS, GTJA Macau is required to provide the below info to DSF:
- Name
- Address
- Date of birth (Account holder & Controlling person)
- Jurisdiction of residence
- TIN
- CRS entity type
- Controlling person type (If applicable)
- Account balance or value (year-end), and the gross amount of interests, dividends and sale proceeds of financial assets as appropriate for the year concerned
A financial institution resident (or known as “located”) in Macau will identify the financial accounts held by individuals or entities liable to tax by reason of residence in the AEOI partner jurisdictions. The financial institution will collect and furnish to the Financial Services Bureau (“DSF”) information of the identified account holders (individual or entity) and the financial account information on an annual basis. DSF will then transmit the information to the tax administration of the relevant jurisdiction of which the account holder is tax resident.
Account holders should advise the reporting financial institutions of any change in circumstances which affects their tax residency status or causes the information contained in a self-certification to become incorrect. Generally, account holders should provide financial institutions with a suitably updated self-certification form within 30 days of such change in circumstances.
Financial institutions are expected to rely on the self-certification if it satisfies the reasonableness test based on the information obtained by the institution in connection with the opening of the account, including any documentation collected pursuant to the prevailing due diligence or know-your-customers procedures. Financial institutions are not expected to carry out an independent legal analysis of relevant tax laws to determine the residence of an account holder.
If client is not able to provide TIN, please status the reason as follows:
A –The jurisdiction where the Account Holder is a resident for tax purposes does not issue TINs to its residents (E.g. Cayman Islands)
B –The Account Holder is unable to obtain a TIN or equivalent number (Please explain the reason)
C –TIN is not required. Select this reason only if the authorities of the jurisdiction of tax residence do not
require the TIN to be disclosed. (E.g. Japan)
A jurisdiction will identify its tax resident by Taxpayer Identification Number. The Taxpayer Identification Number is called as “TIN”. (E.g. The TIN of Macau/China individual is the identity card number.) For entities conducting commercial purposes in Macao are subject to industrial and profit taxes and the taxpayer numbers assigned will be in 8 digit numbers starting with the number “8” in front. The TIN of a Chinese registered company is the number of its business license.
In general, whether or not an individual or entity is a tax resident of a jurisdiction is determined by having regard to the person's physical presence or stay in a place (say, whether over 183 days within a tax year) or, in the case of a company, the place of incorporation or where the central management and control of the entity lies. That a person has paid taxes charged by a jurisdiction (say, value-added tax, withholding tax or capital gains tax) does not automatically render that person a tax resident of that jurisdiction.
In OECD's AEOI portal, you can find more information regarding the tax laws of different jurisdictions for defining tax residence.
The website address is as follows:
Reporting financial institutions will be liable for reporting on financial accounts held by reportable persons. Macau taxpayers who are not tax residents of any territory outside Macau will not be reported. The Inland Revenue Ordinance (“IRO”) requires the reporting financial institutions to apply due diligence procedures to collect all required information and documentation from account holders. To identify reportable persons, reporting financial institutions may ask account holders to complete self-certification forms for verification of their tax residency status. The self-certifications will be kept by the reporting financial institutions for a period of six years.
Reporting financial institutions will be liable for reporting on financial accounts held by reportable persons. Hong Kong taxpayers who are not tax residents of any territory outside Hong Kong will not be reported. The Inland Revenue Ordinance (“IRO”) requires the reporting financial institutions to apply due diligence procedures to collect all required information and documentation from account holders. To identify reportable persons, reporting financial institutions may ask account holders to complete self-certification forms for verification of their tax residency status. The self-certifications will be kept by the reporting financial institutions for a period of six years.
A financial institution resident (or known as “located”) in Macau will identify the financial accounts held by individuals or entities liable to tax by reason of residence in the AEOI partner jurisdictions. AEOI partner jurisdictions that conclude Comprehensive Double Taxation Agreements or Tax Information Exchange Agreements with Macau committed to conduct Automatic Exchange of Financial Account Information as required by CRS on an annual basis.
For the latest list of tax jurisdictions that have committed to the AEOI, please visit the OECD website:
https://www.oecd.org/tax/automatic-exchange/crs-implementation-and-assistance/crs-by-jurisdiction/
The Organization for Economic Co-operation and Development (OECD) launched the Common Reporting Standard (CRS) as endorsed by the G20.
CRS also called Automatic Exchange of Financial Account Information (AEOI).
CRS is a new international standard, designed to enhance tax transparency and combat cross-border tax evasion.
The governments of all jurisdictions participating in CRS need to obtain relevant financial account information from their financial institutions and exchange that information automatically with jurisdictions of residence of account holders on an annual basis.
More than 100 jurisdictions over the world have committed to the implementation of CRS, including China, Hong Kong and Macau.
The financial institution will collect and furnish to the Financial Services Bureau (“DSF”) information of the identified account holders (individual or entity) and the financial account information on an annual basis.
For more details, please refer to the link as follow: https://www.dsf.gov.mo/AEOI/CRS/?lang=en&FormType=0
To comply with local, national or international laws and legal requirements, GTJA Macau need to collect more information to analyze your tax status in other tax jurisdictions.