Important information

CRS a FATCA – an investigative review of the reporting obligations regarding investors (tax non-residents and US persons) to a specialized Tax Office

Dear investors,
The aim of this document is to provide you, investors with funds managed by AVANT investment company, a.s. (hereinafter referred to as AVANT), with the basic information on the matter of detection of tax information collected by AVANT at the start and during the business relationship.

Common Reporting Standard (CRS)

The Czech legislation (Act No. 164/2013, on international Cooperation in Tax Administration), has implemented the Directive No. 2014/107 / EU with effect from 6.4.2016. The proposed Czech law responds to EU and OECD concerning the automatic exchange of information in the field of taxation, where EU and OECD have developed a common standard for reporting and due diligence procedures for obtaining financial account information which together with the model of agreement of competent authorities forms so-called global standard Common Reporting Standard (CRS).

Since 2016, Czech financial institutions are required to identify and verify the tax residency of their investors under the above mentioned legislation. On the basis of these findings, financial institutions are obliged in the case of investors (tax residents from most foreign countries) to notify the Czech Tax Office of selected information about these foreign investors, once a year for the previous calendar year (for the first time in 2017 - the information for 2016). This includes, in particular, the identification of the investor, including a tax identification number, information on account balances and information about income paid to the account (e.g. interest, dividend, income from the sale of securities). The Czech Tax Office will forward this information to the tax administrators of the concerned states. Foreign financial institutions in participating countries have a similar approach, i.e. information about Czech tax residents, their accounts and income abroad are forwarded through these foreign institutions via the foreign Tax Office to the Czech Tax Office to verify the correct taxation of foreign income of Czech tax residents. AVANT's CRS reporting obligation is collected through the investor's "Declaration of Tax Residence" that includes information about investor’s tax residence country. In the case of non-resident taxpayers, the investor also provides the tax identification number. The collection of declarations primarily concerns investors who entered into a new subscription agreement with AVANT. However, the requirement to obtain a declaration can also apply to existing investors. The declaration is valid for the indefinite period of time and unless the changes that may impact CRS self-certification occur, (e.g. moving to another country) it will only be required once.

Foreign Account Tax Compliance Act (FATCA)

FATCA is the US law of 2009 requiring foreign financial institutions to identify and to inform the American Tax Office - Internal Revenue Services (IRS) about the accounts that are held for American persons (otherwise also as US persons) through their national finance authority (in the case of the Czech Republic, the Specialized Tax Office). The purpose of FATCA is, as with the CRS, to prevent and uncover the tax evasion of US taxpayers abroad.

CRS a FATCA – an investigative review of the reporting obligations regarding investors (tax non-residents and US persons) to a specialized Tax Office

Based on the aforementioned Act No. 164/2013 on International Cooperation in Tax Administration and the Intergovernmental Agreement between the Czech Republic and the United States of America to improve international tax compliance and with respect to the United States information and reporting provisions commonly known as the Foreign Account Tax Act, AVANT is required to identify American persons within its new and existing investors. With possible US investors, the documentation required to comply with the FATCA rules is then added, especially for provision of US tax forms W-9 (for investor – specified American person) W8 W8-BEN or W8-BEN-E. Verification of the status of the investor for FATCA purposes is also carried out through the confirmation of the investor's tax domicile statement, which is also submitted for CRS purposes.

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