FATCA Compliance Requirements & Impact on Your Mutual Fund Investments

All existing and new investors of Mutual Fund schemes have to comply with a new compliance and reporting requirement called ‘FATCA Declaration‘.

If you are an existing MF investor you need to submit FATCA self-declaration form by 31st December, 2015. If you do not meet this compliance requirement then fresh investments (SIP or Lump sum) will not be accepted from 1st Jan, 2016. You can only redeem your existing mutual fund units.

As per AMFI’s (Association of Mutual Funds in India) circular, from 1st January 2016 all Mutual Funds have been advised to make it mandatory for existing investors to;

  • Provide additional KYC details (like Income slab, Occupation, Net worth, Politically Exposed Status etc.,) in order to make additional purchases (including switch) in their MF accounts.
  • Provide missing details and complete IPV (In-Person Verification).
  • Update the Ultimate Beneficial Ownership (UBO) details in their existing accounts.
  • Submit FATCA / CRS (Common Reporting Standards) form.

What is FATCA?

In 2010, the US has enacted a new law called Foreign Account Tax Compliance Act (or FATCA). According to this Act, any individual who is a Resident of USA (green-card holders) or who is financially connected to the US or who has any tax residency in US has to disclose his or her foreign income and investment details to the USA tax authorities.

NRIs (Non Resident Indians) who have income or have made investments in India also have to disclose about their foreign income to the USA tax authorities.

The Indian Govt has accepted and signed the FATCA agreement with U.S.A. So, to comply  with these new reporting requirements all financial institutions (like brokerage houses, mutual funds, insurance companies,banks etc.,) in India are now required to furnish information about their clients to the Indian Government. If you are not connected to the US financially then you can submit a simple FATCA online form.

How to submit FATCA Declaration form online?

If you have invested in mutual fund schemes serviced by CAMS (Schemes offered by Birla Sunlife, DSP Blackrock, HDFC, HSBC, ICICI Prudential, IDFC, IIFL, JP Morgan, Kotak, L&T, PPFAS, SBI, Shriram, TATA or Union KBC), click on the below link.

  • Visit CAMS online.
  • Select AMC name, provide your PAN, Bank Account and Date of Birth details. You will receive OTP (One Time Password) on the registered mobile number.
  • Select ‘No’ as ‘Country of Tax Residency other than India’. (If your selection is ‘YES’, you have to provide other details)

If you have invested in mutual fund schemes serviced by Karvy (schemes of Axis, Goldman, Canara, Deutsche, Edelweiss, IDBI, Franklin, LIC Nomura, Motilal Oswal, Mirae, Principal, Quantum, Religare, UTI, Taurus etc.,), click on the below link.

  • Visit Karvy website.
  • Submit the details as mentioned above.

It is advisable to submit the online form available on both the websites.

How to submit FATCA declaration form offline?

  • You can also download CAMS FATCA Declaration form and submit the completed form at any CAMS customer service centers or post it to the below address;

M/s. Computer Age Management Services Pvt. Ltd.

Unit: Central Projects, Rayala Towers, 158 Anna Salai, Chennai – 600002

CAMS FATCA CRS Declaration form Individual mutual fund investor

  • You can also download FATCA Declaration form and mail the completed form to the below address;

   Karvy Computershare Pvt. Ltd., Karvy Selenium Tower B,

    Unit – FATCA / CRS / UBO / Supplementary KYC,
    Plot Nos. 31 & 32 | Financial District |Nanakramguda,
    Serilingampally Mandal | Hyderabad – 500032 | India.

FATCA CRS Declaration form Individual mutual fund investor

FATCA Compliance & Non-Resident Indians 

To lower the reporting burden, few top and large mutual fund houses like HDFC, ICICI, Birla, Reliance etc., have stopped accepting fresh investments from US residents and NRIs.

If an existing mutual fund investor acquires NRI Residential status or becomes a resident of US or Canada,  all facilities such as switch of schemes, dividend reinvestment, systematic investment plans, systematic transfers, etc, are currently being stopped by these AMCs and the investor will be made to sell out.

But not all mutual funds have stopped taking investments from US-based NRIs. Many are ready to comply with FATCA. We need to wait and see if FATCA will deter financial institutions from accepting investments from small and retail NRI investors.

Kindly note that NRIs based out of other countries (other than US/Canada) can invest in all mutual fund schemes.

(Image courtesy of Stuart Miles at FreeDigitalPhotos.net)

You may like reading our latest article : “Best Equity Mutual Funds to invest in 2016“.

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  • Bharath Kumar says:

    Dear Sree,

    I am NRI living in kuwait since 3years and i have started the investing mutual funds a year and half of rs 25000 permonth through the saving account.

    Recently I have applyed to change my savings to NRO account.

    This is sufficient or do i need to update anything else and can i continue my investment by using the same account which will be transfered to nro.

    Kindly share your valuable thougths.

  • Rajeesh says:

    I am a NRI status working in Singapore and Now I taking a investment plan in HDFC life, now they asking to complete the CCD_FATCA form please let me know where I can find this form, also I am a tax payer in Singapore and there is no TIN number, so how to indicate this one please advise me.

  • Rosh says:

    FATCA registration is only acceptation indian mobile numbers . As a NRI i don’t have an indian mobile number . How can i proceed with the registration? Please advice , thanks in advance.

  • Krishna says:

    Hi Sri,

    My sister & her husband are working on H1B visa in US, thou they are not citizens yet do they still need to submit the fatca form ? What if they would like to continue in investing in mutual funds in India ? should they also need to open an Non resident Indian bank account to invest in these mutual funds.

    Thanks in advance
    Krishna

  • Anil Mehta says:

    All AMCs who accept US PERSON investments apparently have a declaration to sign everytime they do additional purchase or switch. The declaration states that they are present in India at the time of purchase or switch. Also they cant do SIP STP etc. So how is it convenient to invest in MFs, even if the market goes to new highs i cant switch out to liquid or if market corrects i cant add money. And how come the same restrictions dont apply to insurance premiums ?

    If it isnt convenient and user friendly whats the point of even exploring MF investment .

  • Anuj says:

    Hi Sir,
    I am working in US for last 2 years on H1B visa. I do not qualify as an NRI. But I file Tax Returns in US. I have not submitted FATCA till now. Will i be barred to invest in Indian Mutual Funds once i submit FATCA?

  • Krunal says:

    Hi Sreekanth

    Our’s is a depository financial institution and having most of the local client base. We are not a deemed compliant FFI as we also solicit non resident clients and accepts deposits from NRI.

    As per the FATCA Rule It is mandatory to obtain self declaration from each client (Local + NRI) for all new accounts opened from 01.07.2014 onwards.

    My question is
    1) Do we have to obtain self declaration from all clients (Local + NRI) ?
    2) Even a customer from Rural area also have to provide FATCA self declaration form?
    3) Is it sufficient if we accept self declaration while opening NRI/NRE/FCRN accounts and no requirement while opening current/saving local account?

    Please guide

  • Hansmukh Jain says:

    I really appreciate your effort for providing us financial solutions.

    While filling application form of FATCA declaration, one information they required is NET WORTH AS ON DATE. Please guide me, HOW should we fill this information as I am working in PSU and paying 100 % tax. Please give some clarity on this information to be filled there.

    • Dear Hansmukh,
      Networth = Assets – Financial Liabilities (you may give approx figure).

      • Hansmukh Jain says:

        Thank you for early Reply.

        As I’ve been earning since last 1.5 year and I don’t have any asset as well as financial liability on my name. So what will be my net worth, total amount which i’ve earned from job or it’ll be NIL?

  • Vivek Shankar says:

    Dear Sreekanth,

    You mentioned “But not all mutual funds have stopped taking investments from US-based NRIs. Many are ready to comply with FATCA.” So far I have only found 1 AMC (L&T) who accepts investments from “US tax persons” (i.e. US citizens, green card holders, US based NRIs). Can you please share if you know any other AMCs that are willing to comply with FATCA?

    Thanks!

  • Rahul says:

    Hi Sreekanth,

    I did check with most of mutual fund houses, as you said some fund houses are ready to accept investments even after becoming an NRI. majority of fund houses are not accepting e.g. HDFC, ICICI, Mirae , Quantum. etc..
    My question is will they force the existing investor who has become a NRI recently to redeem all his investments or just freeze it.
    If we are forced to redeem we are losing our YoY profit what we have invested till now and that is a big hole in our investment journey..In this case some fund houses confirmed that they will freeze the accounts and that looks good option to me where atleast our investments remain invested and makes profits.

    How do we escape this fatca thing if we are forced to redeem? Pls. let know your thoughts.

    thanks,
    Rahul

    • Dear Rahul,
      It is kind of freeze only, you can redeem the existing units anytime but can not be able to make fresh investments.

      • RK says:

        Sreekanth,

        I have been investing from last 8 years in MFs and moved to US 2 years ago. I have n’t declared FATCA yet. But all my existing MFs are continuing even after 1st Jan 2016. so I don’t see any MF is stopping if one don’t declare. Do you know when fund houses going to stop the existing investors?

        • Dear RK,
          As far as I am aware, the timeline was 31st Dec, 2015.
          But many Indian entities are yet to meet the deadline and have not yet complied with FATCA guidelines.
          Have you updated the fund houses about your Residential status?

  • Joy says:

    Thanks for the crisp write-up. Do the non-US NRIs have to submit FATCA declaration too? By non-US NRIs I mean those NRIs who have absolutely no financial ties with the US.

    thanks
    Joy

  • Prachi says:

    I am a self employed professional in U.S. But not a green card holder. What will be my country of tax residency? I am temporarily based out of US. Also in this case do I need to declare my annual gross income in INR? Will submitting the online form on CAMS suffice for me too?

  • Bhushan says:

    Do green card holders come under the definition of us persons

  • Shyamji says:

    Kya Vibhinn prakarke MF ke liye swatantr FATCA form bharkar dene honge?

  • bkmurthy says:

    There are two websites for FATCA declaration. Better enter your data in the secure version beginning with https: rather than the one beginning with http:

  • parag says:

    Hi Sreekanth

    Is FACTA compliance only for mutual funds or is it also applicable for NRI banking? My bank has sent an email quoting this “This requirement is to be fulfilled by each and every account holder irrespective of their tax status and the country of stay. In the light of the above, banks have been asked by RBI to collect FATCA declaration from all account holders. (Resident Indian/ Non-Resident Indian/ Non individual account holders etc.)”. Can you kindly clarify? thank you

  • Raj says:

    I think the best and easiest to handle FATCA is to do it online, for CAMS we need to do for one of the holding mutual fund AMC’s served by CAMS and the rest of the Mutual Fund houses will be updated on PAN basis.

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