SECTION 2. DEFINITIONS

01. Scope of Definitions. (A) In General. Unless specifically modified in this agreement, all terms used in this agreement have the same meaning as provided in sections 1471 through 1474, including the regulations thereunder. See § 1.1471–1(b) for a comprehensive list of chapter 4 terms and definitions.

(B) Reporting Model 2 FFIs. A reporting Model 2 FFI must use the definitions set forth in the applicable Model 2 IGA with respect to the accounts that it maintains in the Model 2 IGA jurisdiction, unless the Model 2 IGA jurisdiction permits the use of a definition provided in this agreement or § 1.1471–1(b) in lieu of a definition set forth in the applicable Model 2 IGA, and such application does not frustrate the purposes of the Model 2 IGA.

.02 Account/Financial account. “Account” or “financial account” means an account described in § 1.1471–1(b)(1).

.03 Account holder. “ Account holder” has the meaning set forth in § 1.1471– 1(b)(2). .04 Account maintained by a partic- ipating FFI. “Account maintained by a participating FFI” means an account that a participating FFI is treated as maintaining under § 1.1471–5(b)(5).

.05 Active NFFE. In the case of a reporting Model 2 FFI, “active NFFE” means an active NFFE as defined in the applicable Model 2 IGA.

.06 Backup withholding. “Backup withholding” has the meaning set forth in § 1.1471–1(b)(7).

.07 Branch. “Branch” has the meaning set forth in § 1.1471–1(b)(10).

.08 Branch that maintains the ac- count. A branch maintains an account if the rights and obligations of the participating FFI and the account holder with regard to such account (including any assets held in the account) are governed by the laws of the jurisdiction in which the

branch is located. See § 1.1471–5(b)(5) for when an FFI is treated as maintaining an account.

.09 Certified deemed-compliant FFI. “Certified deemed-compliant FFI” has the meaning set forth in § 1.1471–1(b)(14).

.10 Change in circumstances. For a participating FFI, a “change in circumstances” has the meaning described in § 1.1471–4(c)(2)(iii). In the case of a reporting Model 2 FFI that applies the procedures of Annex I of the applicable Model 2 IGA with respect to an account, a change of circumstances has the meaning that such term has under Annex I of the applicable Model 2 IGA.

.11 Chapter 4 reportable amount. “Chapter 4 reportable amount” has the meaning set forth in § 1.1471–1(b)(18).

.12 Chapter 4 reporting pool. “Chapter 4 reporting pool” means a chapter 4 withholding rate pool of account holders and payees, described in section 6.05(A)(1)(i) of this agreement, associated with a withholdable payment that is within a particular income code (as provided in the instructions to Form 1042–S) reported on Form 1042–S and for which a separate Form 1042–S is required to be filed.

.13 Chapter 4 status. “Chapter 4 status” has the meaning set forth in § 1.1471–1(b)(19).

.14 Chapter 4 withholding rate pool. “Chapter 4 withholding rate pool” means a pool provided on an FFI withholding statement (or a chapter 4 withholding statement, as defined in § 1.1471–3(c)(3)) with respect to a single type of income (e.g., interest or dividends) and consisting of: (i) a class of recalcitrant account holders described in § 1.1471–4(d)(6) (including a pool of recalcitrant account holders to which the escrow procedures for dormant account applies, or for recalcitrant account holders described in section 4.01(D) of this agreement for which the participating FFI has made a backup withholding election), (ii) payees that are nonparticipating FFIs that are subject to withholding under chapter 4, or (iii) U.S. payees as described in section 9.02(B) of this agreement (in the case of a participating FFI) or sections 9.02(B) and 9.02(C) of this agreement (in the case of a reporting Model 2 FFI).

.15 Custodial institution. “Custodial institution” has the meaning set forth in § 1.1471–1(b)(25).

.16 Deemed-compliant FFI. “Deemedcompliant FFI” has the meaning set forth in § 1.1471–1(b)(27).

.17 Depository institution. “Depository institution” has the meaning set forth in § 1.1471–1(b)(30).

.18 Effective date of the FFI agree- ment. The effective date of the FFI agreement with respect to an FFI or a branch of an FFI that is a participating FFI is the date on which the IRS issues a GIIN to the FFI or branch. For a participating FFI that receives a GIIN prior to June 30, 2014, the effective date of the FFI agreement is June 30, 2014. .19 Entity account. “Entity account” has the meaning set forth in § 1.1471– 1(b)(40). .20 Entity payee. “Entity payee” means a payee that is an entity and that is not an account holder.

.21 Excepted NFFE. “Excepted NFFE” has the meaning set forth in § 1.1471–1(b)(41).

.22 Exempt beneficial owner. “Exempt beneficial owner” has the meaning set forth in § 1.1471–1(b)(42).

.23 Exempt recipient. “Exempt recipient” has the meaning set forth in § 1.1471–1(b)(43).

.24 Financial institution (FI). “Financial institution” or “FI” has the meaning set forth in § 1.1471–1(b)(50).

.25 FFI group. “FFI group” means an expanded affiliated group (as defined in § 1.1471–5(i)) that includes one or more participating FFIs or, in the case of a reporting Model 2 FFI, a group of related entities as defined in an applicable Model 2 IGA. .26 FFI member. “FFI member” means an FFI that is a member of an FFI group.

.27 FFI withholding statement. “FFI withholding statement” means a withholding statement provided by a participating FFI that meets the requirements of section 9.02 of this agreement. .28 Foreign financial institution (FFI). “ Foreign financial institution” or “FFI” has the meaning set forth in § 1.1471–1(b)(47).

.29 Foreign reportable amount. “ Foreign reportable amount” means a payment

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of foreign source amounts described in § 1.1471–4(d)(2)(ii)(F).

.30 Form 945. “Form 945” means IRS Form 945, Annual Return of Withheld Federal Income Tax.

.31 Form 1042. “Form 1042” means IRS Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons.

.32 Form 1042-S. “Form 1042–S” means IRS Form 1042–S, Foreign Per- son’s U.S. Source Income Subject to With- holding.

.33 Form 1099. “Form 1099” means IRS Form 1099–B, Proceeds From Bro- ker and Barter Exchange Transactions ; IRS Form 1099–DIV, Dividends and Dis- tributions ; IRS Form 1099–INT, Interest Income ; IRS Form 1099–MISC, Miscel- laneous Income ; IRS Form 1099–OID, Original Issue Discount, and any other form in the IRS Form 1099 series appropriate to the type of payment required to be reported.

.34 Form 8957. “Form 8957” means IRS Form 8957, Foreign Account Tax Compliance Act (FATCA) Registration, and includes the online version of the form on the FATCA registration website available at http://www.irs.gov/fatca .

.35 Form 8966. “Form 8966” means IRS Form 8966, FATCA Report, and includes the FATCA Report XML.

.36 GIIN. “GIIN” or “global intermediary identification number” has the meaning set forth in § 1.1471–1(b)(57).

.37 Grandfathered obligation. “Grandfathered obligation” has the meaning set forth in § 1.1471–2(b)(2)(i).

.38 Individual account. “Individual account” has the meaning set forth in § 1.1471–1(b)(64).

.39 Intergovernmental Agreement (IGA). “Intergovernmental Agreement” or “IGA” has the meaning set forth in § 1.1471–1(b)(67).

.40 IRS FFI List. “IRS FFI List” has the meaning set forth in § 1.1471– 1(b)(73). .41 Lead FI. “Lead FI” means an FFI or U.S. financial institution that is designated by members of the FFI group to initiate and manage FATCA registration via the FATCA registration website for such FFI members of the FFI group and that agrees to the responsibilities described in section 11.02 of this agreement.

.42 Limited branch. “Limited branch” has the meaning set forth in § 1.1471– 1(b)(76). .43 Limited FFI. “Limited FFI” has the meaning set forth in § 1.1471– 1(b)(77). .44 Model 1 IGA. “ Model 1 IGA” has the meaning set forth in § 1.1471– 1(b)(78). .45 Model 2 IGA. “ Model 2 IGA” has the meaning set forth in § 1.1471– 1(b)(79). .46 New account. “New account” means an account other than a preexisting account.

.47 Non-consenting U.S. account. For purposes of a reporting Model 2 FFI, “non-consenting U.S. account” has the meaning that such term has under an applicable Model 2 IGA.

.48 Non-exempt recipient. “Nonexempt recipient” has the meaning set forth in § 1.1471–1(b)(81).

.49 Non-financial foreign entity (NFFE). “Non-financial foreign entity” or “NFFE” has the meaning set forth in § 1.1471–1(b)(80).

.50 Nonparticipating FFI. “Nonparticipating FFI” has the meaning set forth in § 1.1471–1(b)(82).

.51 Nonqualified intermediary (NQI). “Nonqualified intermediary” or “NQI” has the meaning set forth in § 1.1471–1(b)(85).

.52 Non-U.S. account. “Non-U.S. account” has the meaning set forth in § 1.1471–1(b)(84).

.53 Non-U.S. payor. “Non-U.S. payor” means a payor other than a U.S. payor.

.54 Nonwithholding foreign partner- ship (NWP). “Nonwithholding foreign partnership” or “NWP” has the meaning set forth in § 1.1471–1(b)(86).

.55 Nonwithholding foreign trust (NWT). “Nonwithholding foreign trust” or “NWT” has the meaning set forth in § 1.1471–1(b)(87).

.56 Offshore obligation. “Offshore obligation” has the meaning set forth in § 1.1471–1(b)(88).

.57 Owner-documented FFI. “Owner-documented FFI” has the meaning set forth in § 1.1471–1(b)(90).

.58 Participating FFI. “Participating FFI” means an FFI, or branch of an FFI, that has registered with the IRS to comply with the terms of, and to enter into, this

agreement with the IRS, and to obtain a GIIN. See also the definition of reporting Model 2 FFI.

.59 Passive NFFE. “Passive NFFE” means an NFFE other than an excepted NFFE (or, in the case of a reporting Model 2 FFI, other than an active NFFE). .60 Payee. “Payee” has the meaning set forth in § 1.1471–1(b)(96).

.61 Preexisting account. “Preexisting account” means an account described in § 1.1471–1(b)(101).

.62 Qualified intermediary. “Qualified intermediary” or “QI” has the meaning set forth in § 1.1471–1(b)(107).

.63 Recalcitrant account holder. “Recalcitrant account holder” has the meaning set forth in § 1.1471–1(b)(110).

.64 Registered deemed-compliant FFI. “Registered deemed-compliant FFI” means an FFI described in § 1.1471– 5(f)(1), and includes a reporting Model 1 FFI, a QI branch of a U.S. financial institution that is a reporting Model 1 FFI, and a nonreporting FFI treated as a registered deemed-compliant FFI under a Model 2 IGA.

.65 Reporting Model 1 FFI. “Reporting Model 1 FFI” means an FFI or branch of an FFI that is treated as a reporting financial institution under an applicable Model 1 IGA and that has registered with the IRS to obtain a GIIN.

.66 Reporting Model 2 FFI. “Reporting Model 2 FFI” means an FFI or branch of an FFI that is treated as a reporting financial institution under an applicable Model 2 IGA and that has registered with the IRS to comply with the terms of this agreement, as modified by an applicable Model 2 IGA, and to obtain a GIIN.

.67 Reportable payment. “Reportable payment” has the meaning set forth in § 1.1471–1(b)(113).

.68 Responsible officer. “Responsible officer” has the meaning set forth in § 1.1471–1(b)(115).

.69 Specified insurance company. “Specified insurance company” has the meaning set forth in § 1.1471–1(b)(118).

.70 Territory FI. “Territory FI” or “territory financial institution” has the meaning set forth in § 1.1471–1(b)(129).

.71 U.S. account. “U.S. account” has the meaning set forth in § 1.1471– 1(b)(133).

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.72 U.S. branch treated as a U.S. per- son. “U.S. branch treated as a U.S. person” has the meaning set forth in § 1.1471–1(b)(134).

.73 U.S. payor. “U.S. payor” has the meaning set forth in § 1.1471–1(b)(139).

.74 U.S. source FDAP income. “U.S. source FDAP income” has the meaning set forth in § 1.1471–1(b)(141).

.75 Withholdable payment. “Withholdable payment” has the meaning set forth in § 1.1471–1(b)(144).

.76 Withholding agent. “Withholding agent” has the meaning set forth in § 1.1471–1(b)(146).

.77 Withholding foreign partnership (WP). “Withholding foreign partnership” or “WP” has the meaning set forth in § 1.1471–1(b)(148).

.78 Withholding foreign trust (WT). “Withholding foreign trust” or “WT” has the meaning set forth in § 1.1471– 1(b)(150).