IRS Updates Countries on Tax Data Exchange List

Superseded by Rev. Proc. 2018-36

September 2017 Supplement to Rev. Proc. 2014-64, Implementation of
Nonresident Alien Deposit Interest Regulations

26 CFR 601.201: Rulings and determination letters

(Also Part 1, §§ 6049; 1.6049-4, 1.6049-8)

SECTION 1. PURPOSE

This revenue procedure supplements the listing in Section 3 of Revenue Procedure 2014-64, 2014-53 I.R.B. 1022, as previously supplemented by Rev. Proc. 2016-56, 2016-52 I.R.B. 920, of the countries with respect to which the reporting requirement of §§ 1.6049-4(b)(5) and 1.6049-8(a) of the Income Tax Regulations applies, effective for interest paid on or after January 1, 2018.

This revenue procedure also supplements the listing in Section 4 of Revenue Procedure 2014-64, as previously supplemented by Rev. Proc. 2015-50, 2015-42 I.R.B. 583, Rev. Proc. 2016-18, 2016-17 I.R.B. 635, Rev. Proc. 2016-56, and Rev. Proc. 2017-31, 2017-16 I.R.B. 1104, of the countries with which the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) have determined that it is appropriate to have an automatic exchange relationship with respect to the information collected under §§ 1.6049-4(b)(5) and 1.6049-8(a).

SECTION 2. BACKGROUND

Sections 1.6049-4(b)(5) and 1.6049-8(a), as revised by T.D. 9584, 2012-20 I.R.B. 900, require the reporting of certain deposit interest paid to nonresident alien individuals on or after January 1, 2013. Rev. Proc. 2012-24, 2012-20 I.R.B. 913, was published contemporaneously with the publication of T.D. 9584. Section 3 of that revenue procedure identified those countries with which the United States has in force an information exchange agreement, such that interest paid to residents of such countries must be reported by payors to the extent required under §§ 1.6049-4(b)(5) and 1.6049-8(a). Section 4 of that revenue procedure identified the countries with which the Treasury Department and the IRS had determined that it was appropriate to have an automatic exchange relationship with respect to the information collected under §§ 1.6049-4(b)(5) and 1.6049-8(a). Rev. Proc. 2012-24 was updated and superseded by Rev. Proc. 2014-64. Section 4 of Rev. Proc. 2014-64 contained an updated list of countries with which an automatic exchange relationship had been determined appropriate. Rev. Proc. 2014-64 was supplemented by Rev. Proc. 2015-50, Rev. Proc. 2016-18, Rev. Proc. 2016-56, and Rev. Proc. 2017-31. This revenue procedure further supplements Rev. Proc. 2014-64 by adding the Faroe Islands and Greenland to the list of countries in Section 3 of Rev. Proc. 2014-64 and by adding Croatia and Panama to the list of countries in Section 4 of Rev. Proc. 2014-64.

SECTION 3. SUPPLEMENT TO SECTION 3 OF REV. PROC. 2014-64

Section 3 of Rev. Proc. 2014-64, as previously supplemented by Rev. Proc. 2016-56, is further supplemented to read as follows:

The following are the countries with which the United States has in effect an income tax or other convention or bilateral agreement relating to the exchange of tax information within the meaning of section 6103(k)(4) pursuant to which the United States agrees to provide, as well as receive, information and under which the competent authority is the Secretary of the Treasury or his delegate:

Antigua & Barbuda

Aruba

Australia

Austria

Azerbaijan

Bangladesh

Barbados

Belgium

Bermuda

Brazil

British Virgin Islands

Bulgaria

Canada

Cayman Islands

China

Colombia

Costa Rica

Croatia

Curacao

Cyprus

Czech Republic

Denmark

Dominica

Dominican Republic

Egypt

Estonia

Faroe Islands

Finland

France

Germany

Gibraltar

Greece

Greenland

Grenada

Guernsey

Guyana

Honduras

Hong Kong

Hungary

Iceland

India

Indonesia

Ireland

Isle of Man

Israel

Italy

Jamaica

Japan

Jersey

Kazakhstan

Korea, Republic of

Latvia

Liechtenstein

Lithuania

Luxembourg

Malta

Marshall Islands

Mauritius

Mexico

Monaco

Morocco

Netherlands

Netherlands island territories: Bonaire, Saba, and St. Eustatius

New Zealand

Norway

Pakistan

Panama

Peru

Philippines

Poland

Portugal

Romania

Russian Federation

Saint Lucia

Slovak Republic

Slovenia

South Africa

Spain

Sri Lanka

St. Maarten (Dutch part)

Sweden

Switzerland

Thailand

Trinidad and Tobago

Tunisia

Turkey

Ukraine

United Kingdom

Venezuela

SECTION 4. SUPPLEMENT TO SECTION 4 OF REV. PROC. 2014-64

Section 4 of Rev. Proc. 2014-64, as supplemented by Rev. Proc. 2015-50, Rev. Proc. 2016-18, Rev. Proc. 2016-56, and Rev. Proc. 2017-31, is further supplemented to read as follows:

The following list identifies the countries with which the automatic exchange of the information collected under §§ 1.6049-4(b)(5) and 1.6049-8 has been determined by the Treasury Department and the IRS to be appropriate:

Australia

Azerbaijan

Belgium

Brazil

Canada

Colombia

Croatia

Czech Republic

Denmark

Estonia

Finland

France

Germany

Gibraltar

Guernsey

Hungary

Iceland

India

Ireland

Isle of Man

Israel

Italy

Jamaica

Jersey

Korea, Republic of

Latvia

Liechtenstein

Lithuania

Luxembourg

Malta

Mauritius

Mexico

Netherlands

New Zealand

Norway

Panama

Poland

Portugal

Saint Lucia

Slovak Republic

Slovenia

South Africa

Spain

Sweden

United Kingdom

SECTION 5. EFFECT ON OTHER DOCUMENTS

Rev. Proc. 2014-64, as supplemented by Rev. Proc. 2015-50, Rev. Proc. 2016-18, Rev. Proc. 2016-56, and Rev. Proc. 2017-31, is further supplemented.

SECTION 6. EFFECTIVE DATE

With respect to the additional countries listed in Section 3, this revenue procedure is effective for interest paid on or after January 1, 2018.

SECTION 7. DRAFTING INFORMATION

The principal author of this revenue procedure is Jackie Bennett Manasterli of the Office of Associate Chief Counsel (International). For further information regarding this revenue procedure, contact Ms. Manasterli at (202) 317-6941 (not a toll-free call).