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You do not have a self-disclosure of your new customer for the Common Reporting Standard? After the deadline has passed, you as the financial institution subject to the reporting obligation are obliged to report the absence of the self-disclosure.
The Common Reporting Standard (CRS) is a procedure for the international exchange of tax information with the aim of preventing tax evasion. More than 100 countries participate in the procedure, including the Federal Republic of Germany. The Federal Central Tax Office (BZSt) oversees the procedure in Germany.
The CRS obliges financial institutions in Germany, such as banks or insurance companies, to transmit information about their customers' reportable financial accounts to the Federal Central Tax Office (BZSt). If accounts have a reportable connection to foreign countries, the BZSt exchanges this data with CRS partner countries and in return receives information from the partner countries on accounts abroad whose holders are resident in Germany.
The CRS also regulates due diligence requirements that financial institutions must meet to identify reportable accounts. These include obtaining self-disclosures from new customers (natural persons and legal entities) when opening an account. The self-disclosure contains information on the tax residency of the holder.
The self-disclosure must be obtained from the responsible financial institution no later than 90 days after the account is opened and transmitted to the BZSt. If it is not available by then, the lack of the self-disclosure must be reported to the BZSt. The report can be submitted online or by mail.
As a reporting German financial institution, you are required to obtain self-disclosure from your customers. Reporting German financial institutions include:
Online via the BZStOnline Portal (BOP):
By mail:
There are no costs involved.
If no valid self-disclosure can be obtained within 90 days of the account being opened or if the self-disclosure cannot be checked for plausibility, the notification must be submitted without delay. No objection will be raised if the notification is submitted within one month of the expiry of the 90-day period.
This is a pure notification obligation. Therefore, there is no processing time.
There are no clues or specifics.
This is purely a notification obligation. As a direct consequence, no administrative act is issued, so that no legal remedy is required. If necessary, an audit of the reporting financial institutions can be initiated by submitting the report. It is possible to lodge an appeal against the audit order.