FATCA waiver
By entering into a business relationship with Taurus, the Client accepts, and accepts to comply with, the following.
Waiver
As Account Holder or US controlling person of a Passive NFFE, the Client hereby acknowledges that Taurus is and will remain subject to various US tax regulations and agreements such as the US Foreign Account Tax Compliance Act (“FATCA”), concluded with the US Internal Revenue Service (“IRS”). Such US regulations and agreements may require Taurus to provide certain information to the IRS.
The Client shall submit the completed and duly signed form W-9 “Request for Taxpayer Identification Number and Certification” including his/her/its Taxpayer Identification Number (TIN) to Taurus. The Client hereby authorizes Taurus to report to the IRS, e.g. on Form 8966 “FATCA Report”, all information concerning the relationship with Taurus. The following information can in particular be transmitted to the tax authorities: name and address of the specified US Person or US controlling person, a copy of any IRS form including in particular the above mentioned W-9, portfolio evaluations and income statements or any other information regarding the relationship with Taurus which may be requested by the IRS.
The Client explicitly waives any protection or right under the Swiss client confidentiality and other Swiss data protection laws to the extent necessary for the reporting of any data to the IRS as outlined in paragraph 2 above.
The Client acknowledges and accepts that any data that Taurus discloses to the IRS will be subject to the laws of the US and will no longer be subject to Swiss laws. US laws and regulations may follow different client confidentiality and/or data protection principles than Swiss laws do.
The Client accepts that this authorization is a prerequisite for establishing the relationship with Taurus. This authorization will not expire unless and until explicitly revoked by The Client in writing. In case of revocation, the Client has been duly informed that the account will be considered a “Non-Consenting US Account” pursuant to the FATCA Agreement and that Taurus will be legally obliged to report the number of all “Non-Consenting US Accounts” and their counter value to the IRS without mentioning the identity of the clients concerned. Based upon this information and in accordance with the FATCA Agreement, the IRS may however and in a second phase submit to the Swiss competent authority a group request for specific information about the account. This procedure may give rise to the transmission of the information. The Client authorizes Taurus, if so requested by the IRS, to provide any data pertaining to the above mentioned account including his/her/its name and address.
All data disclosed to the IRS is disclosed irrevocably and will remain in the control of the US even following revocation of this authorization and/or the termination of the relationship with Taurus.
Furthermore the Client agrees to hold Taurus harmless against any and all disclosure it makes to the US authorities to comply, in its sole and absolute opinion, with the US laws and regulations.
Change in circumstances
The Client confirms that all statements made to Taurus are, to the best of his/her/its knowledge and belief, correct and complete. The Client undertakes to advise Taurus within 30 days of any change in circumstances which affects his/her/its tax status or causes the provided information to become incorrect or incomplete (including any changes to the information on controlling persons), and to provide Taurus with a suitably updated self-certification and tax form within 30 days of such change in circumstances.