FATCA: Updated FAQs, other IDES guidance

FATCA: Updated FAQs, other IDES guidance

The IRS announced the posting of a new frequently asked question (FAQ) on form and documentary evidence received by facsimile or email as well as updated IDES user guide and XML schema.


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New FAQ on form and documentary evidence

Text of the new FAQ (showing a posting date of "8-14-2015") is as follows:

Q11. Has a Form W-8 that has been completed and signed by a payee, scanned into an image or portable document format (PDF), and uploaded to a third-party repository been scanned and received electronically by a withholding agent for purposes of sections 1.1441-1(e)(4)(iv)(C) and 1.1471-3(c)(6)(iv) if the payee, upon request from the withholding agent for a Form W-8 to document its status for purposes of chapters 3 and 4, sends the withholding agent an email with a link to the third-party repository site that allows the withholding agent to download the image or PDF of the form that is stored on the repository for such purpose (or the payee otherwise authorizes the withholding agent to access the specific form from the third-party repository in a similar manner)?

Yes. The Form W-8 will be considered to have been scanned and received electronically by the withholding agent, provided that the withholding agent does not know that the email containing the link to the third-party repository has been transmitted by someone other than the payee or an agent of the payee. Also, because the withholding agent has obtained the form at the payee’s direction, the form will be treated as having been furnished by/provided by the payee (see sections 1.1441-1(e)(1)(ii)(A)(1) and 1.1471-3(c)(1)). A withholding agent is still required to determine whether the form is valid and may be relied upon for purposes of chapter 3 or 4 and whether a change in circumstances affects its continuing reliance on the form.


Read the IRS transmittal message

IDES user guide, XML schema

  • The IDES user guide has been updated and includes a revised metadata section and additional instructions on IDES alert codes.
  • The XML schema has been updated and includes new data elements and metadata sample files.

Read the IRS transmittal message

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