Foreign tax residence

We request your help in determining the tax residence of your organization

The Dutch government is cooperating with other countries to prevent tax evasion. Therefore we are required to inform the Dutch tax authorities in which country your organization and its Ultimate Beneficial Owners are tax resident. This page will provide more information on the subject.

What is Common Reporting Standard?

The Common Reporting Standard (CRS) is a system for automatic exchange of information on financial accounts between CRS participating countries. On behalf of CRS, Dutch law requires all financial institutions, such as Rabobank, to determine the foreign tax residence of their clients.

Read more on CRS at Rijksoverheid.nl (in Dutch)

What happens with my client data?

In case you declare your organization is tax resident of a country other than The Netherlands, we are obliged to forward this information to the Dutch tax authorities. The legal obligation is based on the cooperation between the Dutch government and various other countries to prevent tax evasion. The Dutch tax authorities transfer this information to the relevant tax authority. If your information requires to be transferred to the tax authorities another country, you might get a request to fill out a tax return form. An updated overview of all CRS committed countries can be found on the OECD website.

See more on CRS committed countries at OECD

Read more on exchange of information at Belastingdienst.nl (in Dutch)

If your situation changes

If your personal situation or that of the organization changes, your tax residence might change as well. Please contact your Rabobank to inform them about the change so CRS relevant changes are detected as well.

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How do I determine the tax residence of my organization?

In which country your organization is tax resident is dependent on local legislation. In The Netherlands the Dutch tax authorities determine tax residence of your organization based on the location of its management.

Read more in the brochure ‘Tax residence’ (in Dutch)

Frequently Asked Questions about the form

Why did I receive a self-certification?

We are required to determine tax residence of your organization and its UBO's when opening a financial account. You also receive this form if, according to our data, we believe your organization might be tax resident of a foreign country. This data includes information on a foreign phone number or address. With the ‘Self-certification form to establish foreign (tax) status’ you can declare what the tax residence of your organization is.

Can I refuse to complete the form or postpone this activity?

A completed form is needed if you would like to open a new account at our bank. If we have reason to believe that your organization is a tax resident of a foreign country, we are legally obliged to forward this information to the Dutch tax authorities

I returned the form too late. What can I do?

As a customer of Rabobank you will receive the form 'Self-certification to establish foreign (tax) status' when, according to our data, we believe you might be tax resident of a foreign country. For example when you changed your data. When you do not return a completed form within 90 days, you will receive a letter. In this letter we will inform you that according to our client data we think you are a tax resident of a foreign country. We will forward this information to the Dutch tax authorities. We are legally obliged to do this. The Dutch tax authorities will transfer this information to the tax authorities of the relevant country.

Tax resident of multiple countries?

Your organization may have tax obligations in more than one country. Your tax residence is however most likely only in one country. If you are uncertain what your tax residence is, please ask your tax advisor for assistance.

Can I object to the decision?

Based on the data we have on file we have reason to believe your organization is tax resident of a foreign country. For example due to a foreign phone number or address. Is our data not correct? Please attach a document which supports the new data.

Who needs to sign the form?

Solely the legal representative of the organization needs to sign the form. The legal representative is obliged to inform all Ultimate Beneficial Owners (UBOs).

What is a TIN?

The TIN (Taxpayer Identification Number) is an entity’s or individual’s personal identification number for tax administration purposes. You have to fill in a TIN for each country where your organization is tax resident.

Read more on which countries issue TINs on the OECD website

What should I do if I made a mistake while completing the form?

If you added or deleted text, or the form has not been filled completely, the form is not valid. You need to request a new form at your Rabobank.

Which address can I send the form to if I live abroad?

If the tax residence of your organization is in a foreign country, and you want to return the form from that country, you can return it to your Rabobank.

Find the address of your Rabobank

Will I receive a letter of confirmation on my tax residence?

If you have declared your organization to be tax resident of a foreign country you will receive a letter of confirmation. In this letter we will inform you on our legal obligation to report your tax residence to the Dutch tax authorities.

Are the FATCA and CRS self-certification alike?

The aim of the United States FATCA (the Foreign Account Tax Compliance Act) is to ensure that ‘US Persons’ outside the USA send tax returns to the United States tax authority – the IRS (Internal Revenue Service). CRS also prevents tax evasion, but is applicable to more countries. By virtue of the FATCA act, Rabobank will forward information about organizations (and controlling persons) who are potential tax subjects in the United States to the Dutch Tax and Customs Administration. The Dutch Tax and Customs Administration will forward this information to the IRS. If we believe your organization and/or your controlling persons might be a tax resident of the United States we ask you to complete the self-certification.

Circumstances where an organization is considered a U.S. person

An organization is a U.S. person if one of the following situations applies:

  • the entity is a partnership or corporation organized in the United States or under the laws of the United States or any State thereof (excluding the U.S. territories the Commonwealth of Puerto Rico,Guam, American Samoa, the Commonwealth of the Northern Mariana Islands and the U.S. Virgin Islands).
  • the entity is a trust and meets the following two requirements:
    • a court within the United States would have authority under applicable law to render orders or judgments concerning substantially all issues regarding administration of the trust, and
    • one or more U.S. persons have the authority to control all substantial decisions of the trust.

More information about CRS?

Should you have any questions please contact us at phone number (030) 215 29 22, or send an e-mail to crs@rabobank.nl. We are available from Monday to Friday (9.00 a.m. to 5.00 p.m.).

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