The Foreign Account Tax Compliance Act (“FATCA”), effective July 1, 2014 is a new legislation introduced by the Unites States Department of Treasury and the U.S. Internal Revenue Service (“IRS”) to encourage better tax compliance by preventing U.S. Persons from using Papaya’s and other Financial institutions to avoid U.S. taxation on their income and assets.
In Malta the principles of FATCA have been brought into local laws, pursuant to the Intergovernmental Agreement signed between the Government of the Republic of Malta and the Government of the United States of America. Under this Agreement, Papaya will be reporting information relating to U.S. accounts to the Inland Revenue Department of Malta.
Papaya is committed to being fully FATCA compliant and to confirm its customers’ FATCA status. Where necessary, we may have to obtain further information and documentation such as Papaya declarations and/or IRS forms, which will enable our customers to declare and confirm their tax status to us for the purpose of FATCA.
The IRS forms that we may ask from you are a self-certification and Papaya is not required to verify that any U.S. Tax Identification Number (“TIN”) or information supplied by customer is correct.
Where a customer fails to provide when requested further information and documentation to provide a U.S. TIN or evidence of non-U.S. status and the account becomes active, Papaya is required to treat such accounts as a Reportable account for FATCA purposes.
Papaya makes no guarantee of the accuracy and completeness of the IRS forms and shall not be responsible for any errors nor shall Papaya be liable for any loss that results from reliance upon the information provided in the IRS forms and guidance.
Entities that issue payment cards that can be pre-loaded with funds in excess of $50,000 to be spent at a later date, such as a pre-paid cards or “e-money” are to be considered to be Depository Institutions for the purposes of the FATCA Agreement and therefore have an obligation to report certain information regarding those identified reportable accounts to the Commissioner for Revenue.