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In 2014 the Organization for Economic Cooperation and Development (OECD) released the full version of a new global standard for the automatic exchange of financial account information on tax matters to help fight against tax evasion and protect the integrity of tax systems. This is known as the Common Reporting Standard (“the CRS”) and we’d like to help you understand what it means for you.
Under the CRS, we are required to determine where you are “tax resident” (this will usually be where you are liable to pay income or corporate taxes). We will base this on information we have or we may ask you for additional details. If you are tax resident outside Kenya then we may give this information to the Kenya Revenue Authority, who may then share it with the tax authority where you are tax resident.
What do you need to do?
To confirm your status under the CRS, you may be asked to complete the appropriate self-certification form and return it to your branch or relationship manager. There are two types of self-certification form for the CRS. The forms are attached below with additional information about which form you should complete.
- CRS Self-Certification for use by Individuals & Sole Traders or Proprietors: Please use this form to confirm your personal status under the CRS.
- CRS Self-Certification for use by Entities & Controlling Persons: If you are an entity or corporate, please use this form to confirm your business’s status under the CRS (Sole Traders/Proprietors should use the self-certification form above).
- This form should also be executed by the Controlling Persons of certain Entities (referred to under the CRS as Passive Entities) including certain trusts, foundations and certain managed Investment Entities that bank with DTB and are in countries that do not participate in the CRS. This form is to be completed by those individuals that control the Entity, either by ownership or control by other means of these types of Entity. A Controlling Person in certain circumstances will be referred to as the Senior Managing Official.
If you are unsure about any of these terms and if they apply to you, please refer to the definitions under Glossary.
Any queries?
If you have any questions regarding your tax residency, please refer to the rules governing tax residence that have been published by each national tax authority. If you have any specific questions regarding your tax residency, please contact a professional tax adviser, as we are unable to provide tax advice.