Completing tax forms in the French market

Transcription

1 Completing tax forms in the French market Forms 5000 and 5001

2 Completing tax forms in the French market - Forms 5000 and 5001 Document number: 6810 Information in this document is valid at the time of its publication. Its content does not represent legal or tax advice or any commitment on the part of Clearstream Banking S.A. Copyright Clearstream Banking S.A. (2013). All rights reserved. Clearstream Banking S.A. is a Deutsche Börse Group company.

3 Foreword The purpose of this document is to provide assistance to customers in completing Forms 5000 and 5001 required by local tax authorities and/or regulators in connection with applications for relief or reclaim of tax on income from holdings in securities in the French market. Note: Relief and reclaim procedures via Clearstream Banking currently relate to dividend income only. How this document is organised First, some introductory information is provided: "In what circumstances should I submit these forms?" on page 1; "How do I get hold of these forms?" on page 2. This is followed by detailed guidance for completing the forms: "Completing the Form 5000" on page 5; "Completing the Form 5001" on page 11. Contact details For further information or if you have specific questions regarding this report, please contact us at tax@clearstream.com. Disclaimer The content in this document is prepared for general information purposes only. It is not intended to provide professional legal advice and should not be relied upon in that regard. Readers should seek appropriate professional advice where necessary before taking any action based on the information contained in the document. Clearstream Banking makes no guarantees, representations or warranties and accepts no responsibility or liability as to the accuracy or completeness of the presentation, and under no circumstances will it be liable for any loss or damage caused by reliance on any opinion, advice or statement made in this document. Information in this document is subject to change without notice. Clearstream Banking SA Completing tax forms in the French market i

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5 In what circumstances should I submit these forms? If you are or represent one of the following types of beneficial owner, you are required to submit these forms as indicated: Eligible beneficial owners Relief at Source Standard Refund Resident of a Double Taxation Treaty (DTT) country EU/EEA-DTT resident individual 5000 n/a EU parent company Particular Foreign entity Note: Other types of beneficial owner are not required to submit Forms 5000 and IMPORTANT! For the full documentation requirements for the relief at source and standard refund procedures, you should refer to the Market Taxation Guide - France. Clearstream Banking SA Completing tax forms in the French market 1

6 How do I get hold of these forms? How do I get hold of these forms? Follow these four steps to retrieve the Forms 5000 and Step 1. Go to the website of the French Tax Authorities In your web browser, enter the URL: Click on the "Recherche de formulaires" option under RECHERCHE to display fields for specifying the form you are looking for. Step 2. Search for the Form 5000 Type 5000 (or 5001, as required) in the "Numéro d'imprimé" field and click on RECHERCHER. Step 3. Select from the list of your search results From the results of your search, choose the language version you are interested in. This is indicated in the accéder à field content by -DE for German, -EN for English etc. in the text of the listed item. Clearstream Banking SA 2 Completing tax forms in the French market

7 How do I get hold of these forms? Step 4. Select the document to download From the chosen accéder à dropdown list, select the document that you want to download: remplissable indicates that this version of the form can be completed electronically. non remplissable indicates that this version of the form cannot be completed electronically but must be printed out first and completed manually. (For Form 5000 only) Notice is the official guidance and notes for the use of Form 5000, in the respective language. IMPORTANT! The form that you will submit in the original for relief or reclaim must be the French language version. Versions of the forms in other languages are made available for information purposes only. For example, if you are an English native speaker who wants to submit a Form 5000, you might select remplissable from the -FR list (as the form you actually want to complete electronically) and then Notice (80Ko) from the -EN list (for the English version of the notes as assistance). Note: The form and notes are pdf files. If your download selections are opened in the same web browser session, your first selection will be replaced by your second. In these circumstances, you are advised to save your first download locally before proceeding to download your second selection. The English versions are used for the purposes of this document. Clearstream Banking SA Completing tax forms in the French market 3

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9 Completing the Form 5000 Before you start... The French Tax Authorities have issued official guidance and notes for the use of Form 5000 and these are referred to throughout the form. Please be sure to consult these notes as and when appropriate (see Step 4. Select the document to download on page 3). The Form 5000 has a small heading section (see below) followed by input fields grouped into eight Boxes as follows: Box I. Types of income on page 6; Box II. Beneficiary on page 6; Box III. Benefiary s delaration on page 7; Box IV. Declaration of the foreign tax authority on page 7; Box V. Declaration of the paying institution on page 8; Box VI. Declaration of the US financial institution on page 8; Box VII. Investment company or fund on page 9; Box VIII. In case of direct refund by the tax authority on page 9. IMPORTANT! You may have to leave some of these Boxes blank because they do not apply to your case or because the information will be provided by other participants in the process. Heading section First of all, enter your country of residence for tax purposes. Next, in the Number of attachments field, enter a number to indicate the number of other documents you are submitting along with your Form If you are applying for a standard refund, this will be at least 1 because you will also be submitting a Form Clearstream Banking SA Completing tax forms in the French market 5

10 Completing the Form 5000 Box I. Types of income Tick the Dividends checkbox. At least one more checkox in Box I must be ticked, as follows: If you are applying to obtain relief at source, tick the Simplified procedure checkbox. If you are applying for a standard refund, tick the the Normal procedure checkbox. Leave the other checkboxes unticked. Box II. Beneficiary Complete all the fields in this Box II as appropriate. Of these, Occupation is a main criterion that determines the eligibility of the DTT application. In the "Occupation" field, you must indicate the type of beneficial owner (BO) by entering the most appropriate BO type (that is, the text, not the code) from the following list, avoiding the use of "Legal Entity" and "Investment Fund": Code BO type Code BO type Code BO type 01 Individual 14 Insurance Company 25 The State 02 Legal Entity 15 Provident Company 31 Mutual Fund Corporation 04 Pension Fund 16 Investment Fund 32 Mutual Fund Trust a 05 RIC / REIT / REMIC 17 Charity 33 Pooled Fund Trust 07 Corporation 18 Foundation 35 Unit Trust Canada 08 Instit.Invest. 19 Church 40 Foreign Financial Institution 09 OPCVM 20 University 41 Bank and Foreign Financial Institution 10 Mutual Fund 21 Not For Profit Organisation 57 Central Bank 11 Partnership 22 Unit Trust UK 90 International Organisation 12 Parent Company CEE 23 Public Legal entity 91 Foreign CIV 13 Tax Exempt Entity 24 Local Authority / Province a. Only if 100% Canadian resident. In addition, include in the "Surname and first name, or company name" the legal form of the company (GmbH, SA, SPA, LLP etc.), which must be in line with the BO type specified in the "Occupation" field. Clearstream Banking SA 6 Completing tax forms in the French market

11 Completing the Form 5000 If the BO type cannot be other than "Legal Entity" or "Investment Fund", the following additional information/documentation must be provided: For Legal Entities: The legal form of the company (such as GmbH, SA, SPA, LLP etc.); or If the legal form cannot be determined/provided, a tax attestation issued by the beneficial owner s local tax authorities to certify that the respective entity is taxed on its global revenues. For Investment Funds: The legal form of the investment fund (such as SICAV, CIV etc.) specified in Box II of the Form 5000; and A tax attestation issued by the beneficial owner's local tax authorities to certify that the respective entity is taxed on its global revenues. Box III. Benefiary s delaration You must certify that you are recognised, within the meaning of the DTT, as a resident for tax purposes of a country with which a DTT with France is in force. Complete all the fields in this Box III as appropriate. This Box III must be signed by you as beneficial owner or by your legal representative. Box IV. Declaration of the foreign tax authority Your local tax authority must also certify that you are recognised, within the meaning of the DTT, as a resident for tax purposes of a country with which a DTT with France is in force. All the fields in this Box IV must be completed. This Box IV must be signed by the local tax authority of your country of residence (that is, the country entered in Box III and in this Box IV). Clearstream Banking SA Completing tax forms in the French market 7

12 Completing the Form 5000 Box V. Declaration of the paying institution Leave this Box V blank. This information will be provided by the paying agent withholding the tax (not by the financial intermediary). Box VI. Declaration of the US financial institution If you are not a U.S. resident financial institution, you must leave this Box VI blank. If you are a U.S. resident financial institution, you must complete all fields in this Box VI and stamp it with the appropriate company seal. Clearstream Banking SA 8 Completing tax forms in the French market

13 Completing the Form 5000 Box VII. Investment company or fund If you are not an investment company or fund, leave this Box VII blank. If you are an investment company or fund, complete all the fields in this Box VII as follows: In the Financial year from...to... fields, input the start and end dates of the accounting period in which the profit was realised. If you are a German fund, input the respective French authhorisation number and the date on which the authorisation was granted. In the Number of unit holders or shareholders in fund field, input the percentage of shareholders in the fund who were eligible under the respective DTT during the specified accounting period. In the Percentage of unit holders or shareholders who are resident of field, input your country of residence (which is a country with which a DTT with France is in force) and the percentage of the shareholders in the fund who are resident in that DTT country. Box VIII. In case of direct refund by the tax authority Leave this Box VIII blank. The reclaim will be processed via the account of Clearstream Banking. Clearstream Banking SA Completing tax forms in the French market 9

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15 Completing the Form 5001 Before you start... The Form 5001 has a small heading section (see below) followed by input fields grouped into three Boxes as follows: Box I. Declaration of recipient applying for the parent company system on page 12; Box II. To be completed by the recipient on page 13; Box III. To be completed by the paying institution on page 13. IMPORTANT! You may have to leave some of these Boxes blank because they do not apply to your case or because the information will be provided by other participants in the process. Heading section First of all, enter the benficial owner s name in the Recipient s name field. Clearstream Banking SA Completing tax forms in the French market 11

16 Completing the Form 5001 Box I. Declaration of recipient applying for the parent company system Complete this Box I only if the beneficial owner qualifies for the Parent Subsidiary regime. In all other cases, leave this Box I blank. IMPORTANT! If you do complete this Box I, be sure to strike through the paragraph under point e) that does not apply. Clearstream Banking SA 12 Completing tax forms in the French market

17 Completing the Form 5001 Box II. To be completed by the recipient Complete the fields in columns 1, 2, 3, 6 and 7 of this Box II. The fields in columns 4 and 5 are only to be completed if the beneficial owner qualifies for the Parent Subsidiary regime. Otherwise, leave them blank. IMPORTANT! All details entered in this Box II must concern dividends paid in the same fiscal year. Box III. To be completed by the paying institution Leave all fields in columns 8, 9, 10 and 11 in this Box III blank. This information will be provided by the paying institution. Clearstream Banking SA Completing tax forms in the French market 13

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20 Address details Contact Published by Clearstream Banking S.A. Registered address Clearstream Banking SA 42 Avenue J.F. Kennedy L-1855 Luxembourg Postal address Clearstream Banking L-2967 Luxembourg Document number: 6810