FATCA Manual

Page's last update : 26 September 2023

Introduction

The Luxembourg Tax Authority (Administration des contributions directes (ACD)) published on 19 January 2017 an updated version of the circular ECHA3 defining the new format that takes into account the Internal Revenue Services (IRS) FATCA XSD 2.0. Luxembourg Financial Institutions will have to use this new schema, as it will be the only one accepted as from now.

IMPORTANT: all pre-filled data have to be communicated to Fundsquare in order to be integrated in Fundsquare's database and to be available in the FATCA form
Consult our FATCA Onboarding for more detailed information.

Report type

Choose the 'FATCA Form' in the Report Generation module.

The FATCA form opens and a small window pops up where you have to select the FATCA report type.

In our example we will select FATCA report.

FATCA form

Contact information

This is the Luxembourgish part of the FATCA report.

The contact information is split into 2 sections:

1. Information on depositor

2. AEOI Reporting FI

These sections can be accessed via the buttons in the vertical navigation bar or directly clicking the sections' titles.

AEOI reference

• This field has to be completed by a Globally Unique Identifier (GUID) that can be chosen freely in accordance with certain rules described in ECHA - n° 3 of 19 January 2017, page 13.

• Specifications: only capital characters (A-Z), number 0-9, must be unique, etc.

• The ACD recommends not to use personal data such as the name or account number, but rather a sequential number.

Cf. ECHA - n° 3 of 19 January 2017, page 13.

Information on depositor

• Depositor name (pre-filled): The Depositor is an entity (legal or natural person) that is in charge of filing the FATCA reporting to the ACD (e.g. Service provider). Cf. ECHA - n° 3 of 19 January 2017, page 6.

• Personal Identification Number (pre-filled): The Depositor needs a Personal Identification Number (Luxembourgish Matricule Number also known as CCSS code) to be able to file the report.

AEOI Reporting FI

The information on Reporting person has to be completed in section 2 of the form.

• Name of the reporting financial institution: Select the entity in the drop-down list for which the reporting is done.
• Reporting person (pre-filled once the RFI has been selected)
• Identification number (pre-filled with the Luxembourgish Matricule Number once the RFI has been selected)
• Entity Identification number extension (pre-filled with the value "M00000000"): "M00000000" is the default value if you have no extention code to communicate.
• Personnal information The ACD needs contact details of a person who would be able to answer business questions regarding the report.

IMPORTANT: If a sub-entity has to file a FATCA reporting and does not have a Luxembourgish Matricule Number, it must enter the parent Luxembourgish Matricule Number in the first field and an additional identifier in the second field. For example, sub-funds have to enter the Luxembourgish Matricule Number of the umbrella fund in the Identification Number field and enter the sub-fund number in the Entity Identification number extension field. Cf. details ECHA - n° 3 of 19 January 2017, page 9.

If the RFI has no Luxembourgish Matricule Number the instructions published on the ACD website have to be followed (Cf.: Contact_Division échange de renseignements et retenue d’impôt sur les intérêts).

Reporting group - Account report - TIN

VERY IMPORTANT INFORMATION

If no TIN is available the value #NTA001# has to be entered in the TIN field.

Zero Reporting

The ACD requires one reporting each year from each Luxembourg Reporting Financial Institution registered with the IRS.

Luxembourg Reporting Financial Institutions that have no Reportable Accounts to report for a year, must inform the ACD by sending a Zero Reporting to the ACD.

Cf. ECHA - n° 3 of 19 January 2017, page 21.

Export - import files - save work in progress

Report type button

Press the REPORT TYPE button, if you want to change your FATCA Report Type. A small window pops up where you can select the report type you need:

- Contact update

- Zero report

- FATCA report

Select an existing report button

This button allows you to upload an existing XML report from your network or hard-drive into the report generator.

Save locally button

Work in progress on a report has to be saved with this button. Work in progress means that the report is not finalized, as important data are missing. The exported .xml file will be called DRAFT_filename.xml and cannot be uploaded for filing. It can be imported onto the tool for later use.

If you save locally a final report, meaning that all relevant data are available inside the report, it will carry the correct naming convention for submission to the Regulator.

Transmit button

If all buttons of the sidebar are green, the Transmission button will become available and the report can be transmitted to the regulator.

File transmission

When the form is completed and all ticks are green, you can click the button.

A drawer opens from the right, fill the form and click 'Transmit'.

Note: the file name is automatically generated and compliant to the ACD file naming convention.

Transmission follow up

Please consult our wiki page Transmission Monitoring

Automatic filing through the Sending Service

• Should you need further information on the Sending Service, please see our sending service's wiki page.

FATCA file naming convention

The following naming convention has to be applied for the files:

XML file :
FATCA_${DateTime}_${Type}_${FiscalYear}_${Channel}_${MatriculeDepositor}_${GIIN}_${ProdTest}.xml

Feedback from ACD :
FATCA_${DateTime}_${Type}_${FiscalYear}_${Channel}_${MatriculeDepositor}_${GIIN}_${ProdTest}_${Status}.xml

Code	Definition	Structure	Values
DateTime	Creation date and time of the XML file	Number(14)	YYYYMMDDhhmmss
Type	F0: ZeroReport or new contact data without FATCA data F1: FATCA1–New data F2: FATCA2–Correction–Data corrected upon request of the IRS F3: FATCA3–Void–Cancellation of data F4: FATCA4–Amendment–Data corrected at any time	Char(1)Number(1)	F0 F1 F2 F3 F4
FiscalYear	Fiscal year	Number(4)	YYYY
Channel	Communication channel	Char(1)	B = Bourse
MatriculeDepositor	Social Security Identification Number	Number(11) - Number(13)	Code CCSS
GIIN	GIIN (Global Intermediary Identification Number ) of the declarer	Char(6).Char(5).Char(2).Number(3)	Code GIIN XXXXXX.XXXXX.XX.XXX
ProdTest	Environment type	Char(1)	P = Production T = Test
Status	Response status	Char(3)	Technical Feedback ACK = File received by ACD NAK = File rejected by ACD Business Feedback VAL = Validated and imported by ACD WAR = Validated and imported by ACD but with small issues that raised a warning ERR = File rejected

Examples:

XML file:

FATCA_20150520080022_F0_2016_B_1970010112345_006M8M.00000.LE.442_P.xml

FATCA_20150520080023_F1_2016_B_19700202123_ZZLRV4.99999.SL.442_T.xml

Feedback from ACD :

FATCA_20150520080022_F0_2016_B_1970010112345_006M8M.00000.LE.442_P_ack.xml

FATCA_20150520080023_F1_2016_B_19700202123_ZZLRV4.99999.SL.442_T_ack.xml

Cf. ECHA - n° 3 of 19 January 2017; page 19-20

Report transmission

In order to send a report with the Sending Service, the exported .xml report has to be copied into the …/ServiceDeposant/ReportingDiffusion/FATCA subfolder.

Ensure that the FATCA file naming convention is applied (Cf. FATCA file naming convention).

File processing status generated by the Sending Service

See our wiki upon the sending service to understand the sending service's follow up.

File transmission status

ACD's feedback files are available in the sub-folder "Replies": .../ServiceDeposant/ReportingDiffusion/FATCA/Replies/.

Each feedback has a specific status which is available in the file name: ACK, NAK, VAL, WAR, ERR (Cf. Status feedback ACD).

Feedback from ACD :

FATCA_20150520080022_F0_2016_B_1970010112345_006M8M.00000.LE.442_P_ack.xml

FATCA_20150520080023_F1_2016_B_19700202123_ZZLRV4.99999.SL.442_T_ack.xml

The "Replies" folder is created upon feedback receipt. Please check the Sending Service's configuration if the "Replies" folder is not available. In the configuration file (properties file), the variable corresponding to "Configuration of connection for feedback" and the one corresponding to "Configuration of connection for authority acknowledgement" should be set to "up".

How to correct, void or amend validated reports

In order to correct, void or amend reports through the FATCA Form (Report Generator), the type of modification (FATCA2, FATCA3, FATCA4) has to be selected in the "Reporting FI" tab, section "Document Specification" and in the "Reporting Group" tab, section "Account Report" and then "Document specification".

The different types are the following ones :

• FATCA1 : Initial sending. The file contains only new information.

• FATCA2 : Correction. A report should be corrected in response to an error notification from IRS.

• FATCA3 : Void. A report may be voided at any time after you become aware of inaccurate information. All data element fields in the voided record must have the same values equal to the original record being voided. Do not void a report in response to an error notification.

• FATCA4 : Amend. A report may be amended at any time. An amended report updates an existing report from a previously filed report. All data element fields in the amended report must have the amended values for the relevant account report. Do not amend a report in response to a report error notification, instead file a corrected report with DocTypeIndic FATCA2.

To chose the report to modify, its reference has to be entered in the document reference ID to correct and message reference ID to correct.

Cf. Annex 2 to ECHA - n° 3 of 19 January 2017

Cf. ECHA - n° 3 of 19 January 2017; page 22-24