As a financial institution, Danske Bank is required to report customers with tax residence abroad. This means that we must identify their tax residence and report details of their investments, income and deposits.
This follows from the FATCA (Foreign Account Tax Compliance Act) and CRS (Common Reporting Standard) rules, which aim to prevent tax evasion by ensuring taxpayers and their income and assets are reported.
What you need to do
When you are opening a new account, you may be asked to provide a self-certificate of tax residence for your business. You need to:
If you tried to order an account through District Marketplace
Please note that you need to place your order in Marketplace again 5 business days after you submitted the self-certificate form.
Questions and answers about reporting of tax residence information
We ask you to provide the self-certificate of tax residence in the following instances:
We need a confirmation of your business's tax residence to provide specific products or services
Information is indicating that your business or a controlling person in the business is tax resident in another country than the one in which we serve you as a customer
We are missing confirmation of the tax residence of your business
If we do not receive the required information, it may affect the products and services we can offer you, and in some events, we may be required to report your business to the tax authorities as if it was a tax resident abroad.
Generally, a business is tax resident in the country in which it is incorporated and/or where the business’s management is physically located. This can vary depending on local regulations and applicable double tax treaties.
As a rule of thumb, tax residence is not determined based on a tax liability such as property tax, stamp duties or payroll tax. This is rather a limited tax liability, and it is not the information we need.
You can usually find your TIN on tax returns and certificates issued by the local tax authorities.
The requirements for who can sign a self-certificate on behalf of an entity is regulated in local provisions. However, and as a general rule of thumb, the certificate can be signed by a person with the necessary authorizations (for instance, a managerial position and registered signatory rights). The form can also be signed by a person holding a valid power of attorney, permitting the person to sign.
As a bank, we are required to identify the tax residence of our customers and determine whether they are tax resident or incorporated in another country than the one in which we serve them. This includes obtaining a taxpayer identification number (TIN) for each country where the business is resident for tax purposes.
We therefore require all new customers to provide us with this information, and we may also contact existing customers if their information needs to be updated or supplemented.
We report the name, address, and Taxpayer Identification Number (TIN) of the business and its beneficial or controlling persons if required. We also report information about account numbers, account balances and interest and dividend payments.
All financial institutions are required to collect and report basic information about their customers (name, address, taxpayer identification number, etc.) as well as account and payment information (balances, dividends/interests, gross proceeds, etc.) to the local tax authorities. The local tax authorities exchange this information with the tax authorities of the customer's tax residence.
Which types of classifications can a business have under the FATCA and CRS rules?
Generally, there are three 3 classifications for businesses:
An active non-financial entity is a business where
more than 50% of its gross income is non-passive, such as income from the sale of goods or services, and
more than 50% of its assets are non-passive, such as assets attributed to the sale of goods or services (for instance, a hairdresser, a restaurant or a consultancy).
Passive income is typically any income other than income from active trade and business. This includes dividends and interest, but it can also be rent and royalties, payouts on life insurance policies, certain other insurance payouts, profits from the sale of assets that generate a passive income, exchange rate gains and profits from derivatives.
Active non-financial entities also include:
Listed, non-financial companies – a listed company or a subsidiary of a listed company
Government entities and international organisations and companies owned exclusively by government entities
Religious, charitable, scientific, artistic and cultural entities, or entities established for educational purposes that are exempt from income tax in their home country
Holding companies – companies that only own subsidiaries that are non-financial entities (own non-financial institutions)
Start-up businesses – businesses in the start-up phase that do not yet run any business (the first 2 years)
Businesses under liquidation or in bankruptcy
Finance businesses – businesses that deal with financing within groups where no entity is engaged in business as a financial institution.
A passive entity is a business that is neither a financial institution nor an active non-financial entity. This means that:
Usually, more than 50% of the business’s income can be attributed to, for instance, interest, dividends and return on investment.
The business's income will primarily derive from investments in securities, financial investments or returns on deposits.
Examples of passive non-financial entities are financial holding companies, private investment companies and money tanks.
Passive income is typically any income other than income from active trade and business. This includes dividends and interest, but it can also be rent and royalties, payouts on life insurance policies, certain other insurance payouts, profits from the sale of assets that generate a passive income, exchange rate gains and profits from derivatives.
This classification applies to banks, investment funds under the supervision of financial supervisory authorities and other financial market actors that are not passive non-financial entities.
Read more about the FATCA and CRS rules, their effect and your obligations as a customer of a financial institution:
Denmark: LINK (addressing natural persons, but the principles are the same)
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