The BVI’s AEOI portal is now open for CRS filings. Are you ready?

The BVI International Tax Authority (ITA) announced yesterday that the BVI’s AEOI portal, BVI FARS, is now open for reporting under the OECD’s Common Reporting Standard (known as CRS)[1]. So, what do you have to do and by when?

The ITA has published an updated user guide but, since I know that most people are already glossing over and thinking about clicking on the more interesting email about drinks plans this evening which just flashed up in the right hand corner of their screens, I will try to summarise it as briefly as possible.

We are celebrating a small triumph in the BVI by beating our Cayman friends and rivals this year (in what has to be one of the world’s most boring races) to being ready to receive FATCA[2] filings. BVI funds have been diligently registering on BVI FARS and filing their FATCA reports, which were due by 31 May 2017. If you have missed the deadline, try not to panic and get in touch.

Despite a small delay (okay, I admit, Cayman beat us on this one) BVI FARS is now ready for CRS registration and so it’s now time to take the additional step of extending your registration on BVI FARS to cover reporting and filing under CRS. You can do this by logging into the BVI FARS portal as usual and changing the reporting obligations to include CRS. You have until 31 July* to register.

CRS filings have to be made on BVI FARS by 18 August 2017*. A separate filing has to be submitted for each reportable jurisdiction in which the fund has reportable accounts. As with the FATCA process, you can either submit CRS filings using the manual entry using the online web form or by uploading an XML file that complies with the CRS XML Schema v.1.0, published by the OECD.

Any reports required to be made under UKCDOT[3] (the parallel reporting system for UK accounts which came in before CRS and will fall away in 2018) must also be made this year by submitting a CRS filing with the UK as the receiving country. Some accounts which are not yet required to be reported under CRS because they are pre-existing lower value individual accounts[4] and pre-existing entity accounts[5] will need to be reported under UKCDOT because the deadlines for reviewing those accounts under UKCDOT have now passed. The maximum required to be reported under the two regimes should be reported.

Don’t be caught out by the obligation under CRS which also requires investment managers and advisers, licensed in the BVI, to register on BVI FARS. Under FATCA, they weren’t required to do this because they were classified as Non-reporting FFIs.

So what are the key dates in 2017 for BVI funds and AEOI?

30 April 2017 All BVI Reporting Financial Institutions (including all BVI funds) were required to have registered with BVI FARS for FATCA.
31 May 2017 All BVI Reporting Financial Institutions should have made their FATCA reports. We recommend filing a nil return, even if you have no US Reportable Accounts.
31 July 2017*  All BVI Reporting Financial Institutions (including funds and investment managers and advisers) must register on BVI FARS for CRS.
18 August 2017* All BVI Reporting Financial Institutions must file a report or a nil return on BVI FARS for CRS.
31 December 2017 All pre-existing lower value individual accounts and pre-existing entity accounts must have been reviewed for CRS.

 What else should BVI funds have done or be doing?

Most funds and their managers have been preparing for AEOI compliance and have been taking steps to ensure that they are complying with their notification, reporting and ongoing requirements but if you are still in the dark you should be:

  • Reviewing the fund’s existing documentation to make sure AEOI obligations are properly disclosed and the fund can get all the self-certification and other documents it needs.
  • Creating and implementing AEOI policies.
  • Reviewing pre-existing accounts. Financial Institutions have been given until 31 December 2017 to review pre-existing entity accounts and pre-existing lower value individual accounts. The review of all pre-existing accounts must have been completed by 31 December 2017 and all reportable accounts must be reported in 2018.
  • Appointing an authorised person as a principal point of contact to liaise with the ITA.

If you need more information or assistance with your filings, or want to discuss any of this in person, just contact one of our blog team and we will be happy to help.

Fiona has also been blogging on what is happening with AEOI in Cayman and you can read her blog here.

* Editor’s Note: This post has been edited to reflect new, extended deadlines announced recently by the ITA. 

 

[1] OECD sponsored Multilateral Competent Authority Agreement and certain bilateral agreements or tax treaties regarding the common reporting standard on automatic exchange of information.

[2] US Foreign Account Tax Compliance Act

[3]  The Crown Dependencies and Overseas Territories International Tax Compliance Regulations

[4] Those with a value of less than US$1m.

[5] Pre-existing Entity Accounts with a value of less than US$250,000 do not need to be reviewed unless and until the balance exceeds US$250,000.

Natalie Bell

Natalie is a funds lawyer and the mother of two small children. When she can, she tries to find a moment’s peace on the yoga mat.


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