Revised Deadline 30 Apr. 2017 for Blocking Financial Accounts under IT Rule 114H(8)

Revised Deadline/ Timeline for financial institutions to obtain the self-certification is 30 April, 2017 for “US Reportable Accounts”; Otherwise financial accounts required to be blocked under Rule 114H(8) of the Income-tax Rules, 1962 under alternative procedure of FATCA

Revised Timeline (30 Apr. 2017) under FATCA: CBDT Press Release dt. 11 Apr. 2017

The Inter-Governmental Agreement (IGA) with USA for implementation of FATCA entered into force on 31 Aug. 2015. Under the alternative procedure provided in Rule 114H(8) of the Income-tax Rules, 1962, the financial institutions need to obtain self-certification and carry out due diligence in respect of all individual and entity accounts opened from 1 Jul. 2014 to 31 Aug. 2015. Such self-certification and documentation was required to be obtained by the financial institutions by 31 Aug. 2016, otherwise they were required to close the accounts and report the same if found to be a “reportable account” as per the prescribed due diligence procedure for pre-existing account.

In view of the difficulties highlighted by stakeholders in following the provision for “closure” of financial accounts, it was informed vide Press Release dated 31 Aug. 2016 that the financial institutions may not close the accounts by 31 Aug. 2016 in respect of which self-certifications have not been obtained under the alternative procedure and a revised time line shall be notified in due course. The financial institutions were also advised to continue to work on completing the required due diligence, including obtaining self-certifications.

Queries are being received from the financial institutions regarding the revised time lines for completion of due diligence. The financial institutions are advised that all efforts should be made by the financial institutions to obtain the self-certification. The account holders may be informed that, in case self-certifications are not provided till 30 Apr. 2017, the accounts would be blocked, which would mean that the financial institution would prohibit the account holder from effecting any transaction with respect to such accounts. The transactions by the account holder in such blocked accounts may, thereafter, be permitted once the self-certification is obtained and due diligence completed.

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