Who Must File

Except as otherwise provided in these instructions, you are required to file Form 8966 if you are one of the following persons.

• PFFI. A PFFI must file Form 8966 to report information with respect to U.S. accounts, accounts held by ODFFIs, and accounts held by recalcitrant account holders (based on the pools described in Part V).

• U.S. branch of an FFI not treated as a U.S. person. A U.S. branch of an FFI that is not treated as a U.S. person is subject to the same Form 8966 reporting requirements as a PFFI. See Regulations section 1.1471-4(d)(2)(iii)(C).

• Registered deemed-compliant FFI (RDCFFI). An RDCFFI must file Form 8966 to report a U.S. account for which it has reporting obligations as a condition of its applicable RDCFFI status. See Regulations section 1.1471-5(f)(1)(i) or an applicable Model 2 IGA.

• Related entity or branch described in an applicable Model 2 IGA. A related entity or branch described in an applicable Model 2 IGA must file Form 8966 to report a U.S account to the extent permitted under the relevant laws pertaining to the branch or FFI.

• Reporting Model 2 FFI. A Reporting Model 2 FFI must file Form 8966 to report information with respect to U.S. accounts, accounts held by ODFFIs, and non-consenting U.S. accounts (based on the pools described in the instructions for Reporting Model 2 FFIs in Part V).

• Qualified Intermediary (QI), Withholding Foreign Partnership (WP), or Withholding Foreign Trust (WT). A QI, WP, or WT must file Form 8966 to report on its accounts, partners, beneficiaries, or owners, as applicable and as provided in its QI, WP, or WT agreement.

• Direct Reporting NFFE. A Direct Reporting NFFE must file Form 8966 to report its substantial U.S. owners or report that it has none. See Regulations section 1.1472-1(c)(3).

• Sponsoring Entity. A Sponsoring Entity must file Form 8966 to report an account of an FFI or a substantial U.S. owner of a passive NFFE that it has agreed to treat as a Sponsored FFI or a Sponsored Direct Reporting NFFE. See Regulations section 1.1471-4(d)(2)(ii)(C) regarding

the reporting required of a Sponsoring Entity acting on behalf of a Sponsored FFI. See Regulations section 1.1472-1(c)(5) regarding the reporting required of a Sponsoring Entity acting on behalf of a Sponsored Direct Reporting NFFE.

Sponsored FFIs and Sponsored Direct Reporting

TIP NFFEs do not need to file Form 8966 if a

Sponsoring Entity is reporting on their behalf.

• Trustee-Documented Trust. A trustee of a Trustee-Documented Trust reports on Form 8966 all information required to be reported under an applicable IGA as if it were a Reporting Model 2 FFI with respect to each U.S. account maintained by the Trustee-Documented Trust.

Special Rules for Certain Form 8966 Filers

• Withholding agents. A withholding agent that is not an FFI and that makes a withholdable payment to a passive NFFE with a substantial U.S. owner (either directly or indirectly through a flow-through entity that is also a passive NFFE) if the first-mentioned NFFE is the beneficial owner of the payment, or a withholding agent that is a designated withholding agent and that makes a withholdable payment to an ODFFI with a specified U.S. person owning certain equity or debt interests in the ODFFI must report such substantial U.S. owners or specified U.S. persons on Form 8966.

A U.S. payor (other than a U.S. branch) that is a PFFI (including a Reporting Model 2 FFI) or RDCFFI is not required to file Form 8966 to report an account if it reports payments to the account holder on Form 1099 to the extent specified in Regulations section 1.1471-4(d)(2)(iii) (A). With respect to an account held by a passive NFFE with a substantial U.S. owner or an account held by an FFI that the PFFI (including a Reporting Model 2 FFI) has agreed to treat as an ODFFI, the PFFI (including a Reporting Model 2 FFI) or RDCFFI that elects reporting on Form 1099 must still file Form 8966 to report such accounts.

A withholding agent that is a U.S. payor reporting