Why do I need to confirm my tax residency for CRS/FATCA?

Every year we do a review of all customers to determine if you’ve indicated that you’re a tax resident of a foreign jurisdiction. You could have indicated this through information provided during the account opening process, or by updating your personal contact information throughout the year.

We confirm your tax residency under the:

  1. Common Reporting Standard (CRS), a single global standard for the collection, reporting and exchange of financial account information on foreign tax residents, and
  2. Foreign Account Tax Compliance Act (FATCA), US legislation requiring us to confirm your client’s status as a US or non-US citizen or tax resident.

As part of our ongoing CRS and FATCA reporting obligations, we may contact you because:

  • we’ve found foreign indicia (evidence of foreign tax residency) on file and require confirmation of tax residency from you. Foreign indicia may be:
    • a foreign address or contact details
    • a foreign passport, driver’s licence or citizenship paper
    • a Tax Bill (Notice of Assessment from a foreign tax office)
  • you have previously indicated that you have a foreign TIN but have not supplied it to us, or
  • you’re the primary contact for an entity that needs to self-certify for the first time, regardless of whether evidence of foreign tax residency has been found on file.

How do I confirm I'm a foreign tax resident?

Depending on your account structure, to update your tax residency, we’ll need you to return a declaration form listed below. You can also find these forms here.

The email or letter you received from us will tell you which of the below scenarios is applicable to you.

If you’re not a foreign tax resident, you’ll also need to provide supporting evidence.

Individuals

Foreign information

What we need

Evidence of foreign tax residency

Updated Foreign tax status declaration form – individuals

No foreign or US TIN recorded

Updated Foreign tax status declaration form – Individuals, making sure you provide your TIN

Entities

Foreign information

What we need


Evidence of foreign tax residency

Updated Foreign tax status declaration form - Entities

Over $250,000 balance held on 31 December of each year

Updated Foreign tax status declaration form - Entities

No foreign or US TIN recorded

Updated Foreign tax Status Declaration form – Entities, making sure you provide your TIN

It’s important to note that we may contact you for additional information, if required.

How can I prove I'm not a foreign tax resident?

If foreign indicia is found on your account, you’ll need to provide:

  • 'curing' documentary evidence, and
  • a reasonable explanation for the foreign indicia identified.

Curing for FATCA and CRS means providing evidence or documentation to confirm that you’re an Australian tax resident and not a tax resident of a foreign country. The following tables describe the documentary evidence that could be used to cure the foreign indicia for individuals and entities.

If you already provided the above documents when you opened your Macquarie account, no further documents are needed, but we do require a reasonable explanation for the foreign indicia.

 

Individuals

Individual account holders with foreign indicia need to provide:

  1. One document from Category A
  2. One document from Category B, and
  3. A reasonable explanation for the foreign indicia identified.
Category A
Category B
  • An Australian passport or driver’s licence
  • Australian Citizenship Certification
  • Notice of Assessment from the ATO (within last 12 months)
  • Pension card issued by Department of Human Services
  • Australian Certificate of Residence issued by an authorised Australian government body (e.g. a government agency, council or municipality)       
  • A copy of the account holder’s Certificate of Loss of Nationality
  • A statutory declaration explaining why the account holder didn’t obtain foreign citizenship at birth
  • Veda (Third Party) Credit Report
  • Bankruptcy filing
  • Foreign Securities and Exchange Commission report.

 

Entities

Entity account holders with foreign indicia need to provide the following:

  1. One document from Category A
  2. One document from Category B, and
  3. A reasonable explanation for the foreign indicia identified.
Category A
Category B

Any official documentation issued by an authorised government body (e.g. a government agency, council or municipality) that includes:

  • the name of the entity and either:
    • the address of its principal office in the jurisdiction in which it claims to be a resident, or
    • the jurisdiction in which the Entity was incorporated or organised.

Examples of category B documents include:

  • Copy of certificate of incorporation
  • Copy of the Certificate of Registration of a Company or Certificate of Registration of a Foreign Company
  • For an Australian Company, ACN verified on the ASIC database
  • Veda (Third Party) Credit Report
  • Bankruptcy filing
  • Audited financial statement

What do I need to provide if I'm a US tax resident?

US Specified Persons must provide a United States of America (US) Taxpayer Identification Number (TIN) when opening a new account with Macquarie.  

Existing account holders without a US TIN will continue to be contacted as part of our annual CRS and FATCA due diligence procedures.

A US Specified Person includes, but is not limited to:

  • US citizen and US residents for tax purposes
  • Holder of a US TIN or US Reportable Account
  • Entities that are US Specified Persons
  • Non-US entities with US controlling persons.

Do I need to provide my TFN?

Collection of Tax File Numbers (TFNs) is authorised, and its use and disclosure is regulated by the tax laws and Privacy Act.

Investors are not required to provide their TFN and declining to do so is not an offence. However, for Wrap and CMA accounts, TFN withholding tax (WHT) will be deducted where the investor does not provide any one of the following:

  • A TFN (including both TFNs for joint accounts)
  • An Australian Business Number (ABN)
  • An exemption reason (e.g. they are a charity).

How are TFN WHT deductions applied to my account?

TFN withholding tax (WHT) will be deducted (at the highest marginal tax rate plus the Medicare Levy) from any income earned on your account (e.g. interest, dividends and distributions) at the time payment is made.

If you have a Wrap account, the amount of TFN WHT will be disclosed on your Tax Report.

If you have a Cash Management Account, the amount of TFN WHT will be disclosed on your statement.

For further information, please contact the Australian Taxation Office.

How does WHT apply if I'm a non-resident?

Non-residents and intermediaries who act on behalf of non-residents are subject to withholding tax (WHT). The rate of WHT applied depends on the:

  • type of income, and
  • location of the recipient.

Generally, we apply non-resident WHT as follows:

Income type

Standard rate

Rate where Treaty or Exchange of Information Agreement applies

Interest

10%

10%

Unfranked dividends

30%

15%

Other income

30%

15%

Australian real property capital gains

30%

15%

Clean Building MIT income

30%

10%

How is tax residency determined for WHT?

From 1 July 2025, we’ll apply non-resident withholding tax (WHT) based on the overseas addresses we have on file for your account. This means:

  • any account holder with any address outside Australia will be considered a non-resident for WHT purposes
  • we’ll withhold tax in accordance with the rates that are appropriate to the income and overseas country
  • you can’t choose your accounts tax treatment for non-resident (WHT) purposes
  • if your address has changed during the year, you may become subject to WHT after we’ve been notified of the address change
  • there may be differences between the ‘non-residency’ status for CRS/FATCA and non-resident WHT. Non-resident WHT applies according to the address on file, whereas CRS/FATCA generally apply based on domicile. For more information see Why do I need to confirm my tax residency?

It’s important you keep your contact details up to date to ensure WHT is applied correctly.

We also strongly recommend that investors seek independent taxation advice in relation to the accuracy of this information based on their own individual circumstances.

When do I need to complete a WB-BEN or W-8BEN-E form?

For dual-listed securities that derive income in the United States of America (US), the US Internal Revenue Service (IRS) requires certain documentation from the ultimate beneficial owner to ensure the appropriate level of tax is withheld in the US. 

The W-8BEN form establishes that you’re not a US person and that you’re the beneficial owner of the income received. Where an investor is a resident for tax purposes of a country with which the US has negotiated a double tax agreement (DTA), in completing this form, you may be able to claim a reduced rate of, or exemption from, US withholding tax (US WHT).

For the lower withholding rate to apply, a W-8BEN form for individual investors or a W-8BEN-E form for entity investors must be completed in full and submitted before any income is paid or credited.

Individual investors

Individual investors who are not US citizens, or are non-residents for US tax purposes, are required to complete a W-8BEN form – Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding.

W-8BEN
W-8BEN (non-custodial)

This guide explains what you need to do:

Guide to completing W-8BEN – Individual

Note: Only one W-8BEN form is required per individual, regardless of how many dual-listed securities are held. Where there are multiple beneficiaries, such as a joint account, a form must be completed for each beneficiary.

Entity investors

Entity investors that are non-residents for US tax purposes are required to complete a W-8BEN-E form – Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding.

W-8BEN-E
W-8BEN-E (non-custodial)

This guide explains what you need to do:

Guide to completing W-8BEN – Entity

Note: ‘Entity’ includes companies, trusts, self-managed superannuation funds (SMSF) and deceased estates. Only one W-8BEN-E form is required per entity, regardless of how many dual-listed securities are held.

Superannuation and Pension investors

Only Investment account holders are required to complete a W-8BEN or W-8BEN-E form. The trustee completes the required documentation for Superannuation and Pension account holders.

Where do I send W-8BEN or W-8BEN-E forms?

You can return W-8BEN and W-8BEN-E forms by email or post.

Email

If you want to return the form via email, please note we can only accept forms that have been electronically signed using an electronic signature provider from the approved list of electronic signature providers.

Once completed, you’ll need to provide the following and send to wrapsolutions@macquarie.com:

  1. Electronically signed form
  2. Certificate of Completion issued by the electronic signature provider
Post

If you want to return the form by post, please submit the original signed W-8BEN or W-8BEN-E form to the below address, with any other required documentation, by registered mail to:

Attn: Corporate Actions W-8BEN Forms 
Macquarie Wrap 
GPO Box 4045 
Sydney NSW 2001

Don’t send the form directly to the share registry as further information is required from us prior to submission.

What securities require a W-8BEN or W-8BEN-E form?

The following dual-listed securities require a W-8BEN or W-8BEN-E form:

  • News Corporation (NWS) and News Corporation Non Vote (NWSLV)1,2
  • RESMED (RMD)
  • Vanguard All-World Ex-US Shares Index ETF (VEU)
  • Vanguard US Total Market Shares Index ETF (VTS)
  • Coronado Global Resources Inc (CRN)

Please note: 

  • If you hold either or both NWS and NWSLV, only one W-8BEN form is required. Share registry certifies for account holders’ holdings in both securities upon Wrap’s lodgement for one of the two, thus NWSLV is automatically included in our W-8BEN lodgement service.
  • This process is not offered for account holders who may hold the above securities through an SMA, as it is held with a different Responsible Entity.

Dual-listed securities (JHX)

If you're invested in JAMES HARDIE INDUSTRIES PLC (JHX) – Irish DWT securities, please use this special form
 
If you hold JAMES HARDIE INDUSTRIES PLC (JHX) – Irish DWT securities in a non-custodial account, please use this special form.

How is US-sourced income taxed?

Individual and entity investors are subject to a maximum withholding tax rate of 30 per cent on certain income they derive from US sources. Where the requisite form is completed in full by an investor, a withholding tax of 15 per cent may apply for Australian tax residents who derive certain income sourced in the US, in accordance with the Australia/US Double Taxation Agreement (DTA). 
 
Alternatively, where the relevant form is not completed in full or in part, DTA benefits will not apply, resulting in a higher rate of withholding tax for Australian resident investors. 
 
Generally, a current W-8BEN form will remain in effect until 31 December, three years after the date of signing. For example, a form signed on 15 March 2022 will remain in effect until 31 December 2025. However, if a change in circumstances makes any information on the form incorrect, a new W-8BEN form (or other appropriate form) must be filed to continue to claim a reduced rate of withholding tax under the DTA.

Start a chat

Existing customers can contact us at any time via chat in the Macquarie Mobile Banking app or Macquarie Online Banking. Our team will respond during business hours from Monday to Friday (excluding public holidays)

Experiencing financial difficulty?

Please get in touch as soon as possible so we can work together to find the right solution for you.

Resolve a complaint

Everyone at Macquarie is committed to providing our clients with the highest standard of products and services available. If you have feedback we would like you to tell us about it.