FAQs

The date to determine whether an account is new, whether the account holder is a natural person or an entity, is July 1, 2014 in both cases.

Notwithstanding the foregoing, section 1 of article 8 of the Order establishes that new accounts opened after June 30, 2014 by individual clients who maintain one or more accounts open in the Spanish financial institution required to report information on that date, may be considered as pre-existing accounts provided that the requirements set forth therein are met.

In the case of pre-existing individual accounts that are lower value accounts, the review must have been completed by June 30, 2016.

In the case of pre-existing individual accounts that are high-value accounts, the review must have been completed by June 30, 2015.

In the case of pre-existing individual accounts that were not high-value accounts as of June 30, 2014, but had become such at the end of 2015 or any subsequent calendar year, the enhanced review procedures must be completed within 6 months from the end of the calendar year in question.

For pre-existing entity accounts with a balance or value exceeding US$250,000 as of June 30, 2014, the review must have been completed by June 30, 2016.

For pre-existing entity accounts with a balance or value of less than US$250,000 as of June 30, 2014, but exceeding US$1,000,000 as of December 31, 2015, or any subsequent calendar year, the review procedures must be completed within six months from the end of the calendar year in question.

In the case indicated, the Spanish financial institution obliged to communicate information should not include in form 290 the information related to exercising this option nor to the accounts that it affects, although it will have to preserve this information at the disposal of the Tax Administration.

Every Spanish financial institution obliged to communicate information will have to convert into US dollars the thresholds expressed throughout appendix I of the Agreement, applying the latest exchange rate published the calendar year previous to the one in which the financial institution determines this balance.

For example, the exchange rates which must be applied on 30 June 2014 to thresholds for application to pre-existing financial accounts whose balance or value is expressed in a different currency from the US dollar will be the exchange rates published corresponding to the last day of 2013.

No. According to the definition contained in letter nn) of section 1 of article 1 of the Agreement, the persons exercising control will be those natural persons who have direct or indirect control over the account holder. Therefore, an entity cannot be identified as the person exercising control in the indicated case.

The expression persons exercising control should be interpreted in a manner consistent with the Financial Action Task Force (FATF) Recommendations. In the case presented, a percentage of 25% could be used.

Yes. The residency certificate referred to in article D.1 of section VI of the Agreement would be admissible, for example.

The identification number of the entity holding the account ( Global Intermediary Identification Number , GIIN) verified in the list published for this purpose by the US Tax Administration Agency may be taken into consideration or it may be based on other information that is public or available to the Spanish financial institution required to report information.

For its part, subsection b) of section D.3. Section IV of Annex I of the Agreement refers to the event in which, as a result of the procedure followed in accordance with the provisions of paragraph 2 of Article 5 of the Agreement (significant breach), the Spanish FI or one from another partner jurisdiction that holds the account is treated by the US Tax Administration Agency as a non-participating FI. In such case, the account will not be a reportable U.S. account, but payments made to the account holder will be reportable as regulated in paragraph 1(b) of Article 4 of the Agreement.

It should be understood as referring to a certificate of residence issued by a State body authorized for this purpose, such as, for example, an administration or organ thereof, or a local entity of the country in which the beneficiary claims residence.

This type of entities should be included in the category of "Non-American Organisation other than a foreign Financial Institution" and due to its own nature it can be understood that they fulfil the requirements set out in subsection B.4.a) of Section VI of Appendix I of the Agreement, and therefore could be considered to be assets.

Section 6 of Article 7 of the Order establishes that documentary evidence, statements from the owner and other information used in the application of the due diligence precepts must be available to the tax authorities.

For these purposes, the original, a certified copy or a photocopy (including a microfiche, scanned copy or other similar electronic storage media) may be retained.

Any documentation that is stored electronically must be able to be made available to the tax authorities in paper format.

The partial exemption applicable to entities may be considered to imply compliance with the requirement set out in subsection ii of section VI.B.4 letter i) of Annex I of the FATCA Agreement between the United States and Spain.

These terms are defined in letters l) and m) of article 1.1. of the Agreement, covering both reporting financial institutions and non-reporting financial institutions.

Therefore, the provisions of Section VB of Annex I of the Agreement would also apply to those financial institutions not required to report information because they are identified as such in Annex II or are considered as such under the applicable regulations of the jurisdiction in question.

With respect to pre-existing accounts owned by a non-U.S. entity other than a foreign financial institution, section 2.c) of Article 8 of Order HAP/1136/2014 establishes that the Spanish financial institution required to report information may choose to first apply any of letters a), b) or c) of paragraph 4 of letter D of Section IV of Annex I of the Agreement.

Based on the foregoing, the financial institution may choose to first reasonably determine that the entity holding the account is a non-US entity other than a Foreign Financial Institution that is an active entity based on the information available to it or to which it can access because it is public, in which case it does not have to perform any other actions provided for in said section IV.D 4, and the account will not be considered a US account subject to information reporting.

Alternatively, the Financial Institution may first determine that none of the Controlling Persons is a United States citizen or tax resident based on information obtained and maintained pursuant to Know Your Customer procedures under anti-money laundering laws, in which case it is not required to take any other action under Section IV.D.4 of Annex I to the Agreement, and the account is not a Reportable U.S. Account.

If the provisions of the two preceding paragraphs do not apply, the financial institution must obtain a declaration from the account holder certifying whether the account has active or passive status.

1. If a statement is obtained from the account holder certifying that the account holder entity has active status, the financial institution is not required to take any further action under paragraph 4 of letter D of Section IV of Annex I to the Agreement, and the account is not a reportable U.S. account.

2. If a statement is obtained from the account holder certifying that the account holder entity has passive status, the financial institution must determine whether the persons exercising control over the account are citizens or residents of the United States of America based on the procedures known as know your customer under anti-money laundering laws, unless the account has a balance greater than US$1,000,000, in which case it must obtain a statement from the account holder or the persons exercising control over the account.  If in any of these cases it is determined that any of the persons exercising control is a citizen or resident of the United States of America, the account will be treated as a reportable U.S. account.

However, the procedures for reviewing pre-existing entity accounts must be completed within the time limits established by letter E of section IV of Annex I of the Agreement, and those accounts identified as such up to 31 December 2014 must be declared in form 290 for 2014.

With respect to new accounts held by a non-U.S. entity other than a Foreign Financial Institution, based on paragraph (B) of Section V of Annex I to the Agreement, a Financial Institution may reasonably determine that the entity holding the account is a non-U.S. entity other than a Foreign Financial Institution that is an Active Entity based on information available to it or accessible on a public basis, in which case it is not required to take any other action under paragraph (C.2) of Section V of Annex I, and the account is not a Reportable Account.

Otherwise, the financial institution must obtain a statement from the entity holding the account certifying its active or passive status.

1. If a statement is obtained from the account holder certifying that the account holder entity has active status, the financial institution does not have to perform any other actions provided for in the aforementioned section C.2, and the account will not be considered a US account subject to reporting.

2. If a statement is obtained from the account holder certifying that the account holder entity has passive status, the financial institution must identify the persons exercising control over the account by following the procedures called know your customer under anti-money laundering laws and must determine whether any of them are citizens or tax residents of the United States of America, based on a statement from the account holder or such persons.

If it is determined from the declaration obtained that any of the persons exercising control is a citizen or tax resident of the United States, the account will be treated as a reportable US account.

For new accounts opened between July 1, 2014, and December 31, 2014, if a determination cannot be made that the account is an active entity as provided above and a statement is not obtained from the account holder or persons exercising control, the financial institution must rely on information obtained and maintained pursuant to its so-called know-your-customer procedures under anti-money laundering laws to determine whether the financial account is a Reportable U.S. Account. If, after filing Form 290 for 2014, the financial institution obtains the declaration mentioned in the previous paragraphs and determines, based on its content, that it should have included the account in Form 290 or that the declared account was not a US account subject to reporting of information, it must file a supplementary declaration of Form 290 for said year 2014.

To calculate the balance or value of an account at the time immediately prior to its cancellation, the Financial Institution may choose between determining said balance or value within five business days following receipt of the order to cancel the account or considering as such the most recent balance or value that can be obtained after receiving the order to cancel the account, which may be dated prior to the date thereof.

Yes. Pursuant to Article 3.4 of the Agreement, the fact that such information is not available in the financial institution's files does not alter the obligation to include the reportable U.S. account on Form 290.

In section VI. Section C of Annex I establishes that for the purposes of determining the balance or aggregate value of the accounts, the Spanish financial institution required to report information will be obliged to aggregate all of the holder's accounts opened in the same or in the related entities, provided that the requirements provided for in said section are met.

Therefore, for the purposes of applying the balance or value thresholds and determining whether a high-value account exists, a financial institution must aggregate (if eligible) the balances of all deposit accounts, custodial accounts, cash-value insurance contracts, annuity contracts, and equity or debt interests in certain entities held by the account holder at the financial institution or its affiliates.

However, some of the balance or value thresholds defined in Section II, letter A, of Annex I to the Agreement relate to specific categories of financial accounts and should therefore be applied specifically to those categories. For example, if a Spanish financial institution required to report information maintains two pre-existing accounts held by the same individual, one of which is a custody account with a balance or value of US$20,000 and the other a deposit account with a balance of US$25,000, it must aggregate these balances in accordance with the rules mentioned above. If such financial institution elects to apply the balance or value thresholds, it shall consider such accounts as not subject to review, identification or reporting because their aggregate balance does not exceed the limit set out in paragraph 1 of letter A of Section II of Annex I to the Agreement.

If in the same previous case the balance of the deposit account were US$40,000, the balance or aggregate value of the same together with that of the custody account would exceed the threshold previously expressed. In such a case, since the deposit account would have a balance of less than US$50,000, the threshold defined in point 4 of the aforementioned letter A of Section II of Annex I would be applicable to such accounts, so that only the custody account would be an account subject to review, identification or communication of information.

The Third Additional Provision of Royal Decree 1021/2015 establishes, in relation to pre-existing accounts subject to reporting of information pursuant to the FATCA Agreement between the United States and Spain, the obligation of Spanish financial institutions to obtain during 2017 the US NIF of the persons who hold ownership or control of said accounts if they had not obtained it previously. In the event that the Spanish financial institution has not complied with this obligation, the failure of a Spanish financial institution to comply with the obligation to obtain and report the US NIF of pre-existing accounts subject to reporting, in relation to the years 2017, 2018 and 2019, will NOT be considered a “significant breach” provided that the following three obligations are met:　

• the date of birth of the persons holding ownership or control of such accounts whose US TIN has not been communicated is obtained and reported;　

• an annual requirement is made for such persons to provide their US NIF; and　

• The Spanish financial institution will conduct a search in its electronic files for pending US NIF numbers prior to filing Form 290 for the 2017 financial year.　

The IRS in its recent Notice 2023-11 offers relief to financial institutions that have not been able to obtain a U.S. TIN for certain pre-existing accounts that are reportable U.S. accounts. The primary purpose of Notice 2023-11 is to ensure that failure to report U.S. TINs does not result in financial institutions being deemed to have engaged in significant non-compliance with their obligations under the FATCA Agreement. To do so, financial institutions must follow the procedures set out in the Notice.

(See question What obligations must a financial institution meet in order to benefit from the flexibility allowed by Notice 2023-11 published by the IRS?) .

This flexibility is applicable to submissions made in 2023, 2024 and 2025.

For more information, you can consult the full content of the Notice (Notice 2023-11) at the following link:

Foreign Financial Institution Temporary US Taxpayer Identification Number Relief (irs.gov)

Pursuant to Sections 3.03 and 3.04 of Notice 2023-11, a financial institution may report a pre-existing account without a U.S. TIN and not be determined to be in material noncompliance if it meets the following conditions:

1. Declare the date of birth of the individual and controlling person holder for whom a US TIN has not been obtained.

2. Makes an annual request to the holder, for any TIN not provided, under the conditions indicated below. To satisfy the annual request requirement, the financial institution may choose the form of communication it considers most appropriate to contact the holder.

   In the request or communication to the holder, the financial institution must necessarily include either of the following two contents:

   • the IRS web address with the link to the IRS FAQs ( https://travel.state.gov/content/travel/en/international-travel/while-abroad/Joint-Foreign-Account-Tax-Compliance-FATCA-FAQ.html )

   • a copy of the FAQs above and either a copy of the IRS's relaxed procedures for such citizens, or the following address for such procedures ( https://www.irs.gov/individuals/international-taxpayers/relief-procedures-for-certain-former-citizens ).

   This obligation will begin to be enforceable for the presentations of the year 2024 .

   In any case, the financial institution must retain records of the policies and procedures applied to comply with these annual requirements until the end of 2029.

3. Conducts an annual electronic search of its databases for missing U.S. TINs. This obligation will become effective for 2024 filings.

4. Declare, in case the US TIN is not provided, with the explanatory codes included by the IRS in its frequently asked question Q6 Reporting (see question How is the TIN (US tax identification number) field completed when it is not available?) .

   Please note that this notification does not prevent the competent US authority from finding significant non-compliance for failure to meet obligations other than obtaining and reporting the US TIN of pre-existing accounts.

   For more information, you can consult the full content of the Notice (Notice 2023-11) at the following link:

   Foreign Financial Institution Temporary US Taxpayer Identification Number Relief (irs.gov)

Section 3.05 of Notice 2023-11 also establishes a series of obligations for the AEAT, which affect financial institutions and account holders:

• Financial institutions shall not discriminate against U.S. citizens who provide a U.S. TIN.

• U.S. citizens residing in Spain must provide their U.S. TIN to financial institutions upon request.

• Financial institutions that have been identified by the competent US authority as potentially non-compliant will be subject to appropriate control measures by the AEAT, in order to ensure compliance with FATCA regulations.

1. When the entity holding the account is a Non-Financial Entity and provides a tax residence declaration in which the only missing data is whether it is active or passive.

   No. The omission of stating the active or passive condition of the entity does not oblige the Financial Institution to block the account. All of this without prejudice to contacting said entity to complete the declaration with said information.

   It should be noted that the status of Passive Non-Financial Entity carries with it the obligation to identify the persons who exercise control ( substantial owners ).

2. When the person holding ownership or control of the account provides a tax residency declaration that lacks the tax identification number, if it has been issued by the United States of America.

   Yes. The tax identification number is an essential piece of information for the aforementioned declaration and must always appear therein, in accordance with the provisions of section 2 of article 7 of Order HAP/1136/2014, of June 30, approving Form 290.

In the event that the person holding ownership or control of the financial account continues to fail to provide the required declaration, despite having made a total block on it, the Financial Institution must communicate the account with each and every one of the data available at that time, as long as this circumstance continues. All of this, without prejudice to contacting said person to provide the aforementioned declaration.

Regarding the date of birth of the financial account holder (or, where applicable, of the persons exercising control), if the field is not filled in by leaving it blank, a warning message will be displayed indicating this circumstance, so that you can take the appropriate actions to try to obtain this information. The aforementioned notice will be displayed regardless of whether the US Tax ID number is filled in or not.

Please note that, in order to benefit from the flexibility allowed following the publication by the IRS of Notice 2023-11, it is essential to complete the date of birth of the individual holder or the controlling person.

You can consult the FAQ What obligations must a financial institution comply with in order to benefit from the flexibility allowed by Notice 2023-11 published by the IRS?

Yes, the US TIN (NIF) is mandatory under Royal Decree 1021/2015, Third Additional Provision, so all efforts must be made in accordance with Due Diligence to obtain it.

Accordingly, the US TIN of the Account Holder or, where applicable, of the persons exercising control (Substantial Owners) must be reported.

The Account Holder or Substantial Owner's TIN must follow the US format. If you do not have it, you must put the “TIN” tag in the XML and you can fill in the TIN with some of the numerical codes provided by the IRS (Internal Revenue Service) if the reason for its absence corresponds to any of the circumstances specified by this agency (see the question How do I fill in the TIN field when I do not have it?).

In this regard, it is recommended to consult the frequently asked questions Q3 and Q6 published by the IRS (FATCA-FAQs General-Reporting), at the following links:

We are a Model 1 FFI and the TIN relief provided under Notice 2017-46 regarding treatment of preexisting accounts will expire with the reporting of the 2019 data. Do we need to report all required TINs when we provide 2020 and future tax year data?

We are a Model 1 FFI and have not obtained a US TIN for an account as required in the 2020 data. Are there TIN codes we can use to populate the TIN field where we have not yet been able to obtain the TIN due to specific circumstances?

US TIN format

The content of the TIN label when it is American must conform to the following formats:

• Nine consecutive digits without dashes or other separations (e.g., “123456789”)

• Nine digits with two hyphens, a hyphen after the third digit and another hyphen after the fifth digit (e.g., “123-45-6789”)

• Nine digits with a hyphen after the second digit (e.g., “12-3456789”)

• It will not be accepted when completed in the following manner: 000000000 or when certain numerical patterns such as 123456789 and 987654321 are entered.

Consequences of non-compliance

Regarding consequences (frequently asked question Q3 published by the IRS (FATCA-FAQs General-Reporting), failure to complete the US TIN does not automatically lead to a determination of significant non-compliance with the FATCA Agreement; Although the IRS will take into account the facts, circumstances and causes that led to the non-completion of the TIN, and whether the financial institution has adequate procedures and the efforts made to obtain such information.

However, if such situation is ultimately found to constitute a material noncompliance with the FATCA Agreement, and such errors are not corrected before the IRS takes appropriate action, including withdrawing the financial institution's Global Intermediary Identification Number (GIIN) from the IRS, then the 30 percent withholding rate will apply to U.S.-sourced payments made to the financial institution

In May 2021, the IRS published the Q6 Reporting FAQ, including a list of codes detailed below.

In January 2023, this FAQ has been modified by updating the aforementioned list of codes, which are also included in this FAQ.

Without prejudice to the details explained below, it should be noted that, with respect to the codes to be used to complete the TIN label:

• During 2023, submissions using both codes prior to Notice 2023-11 (published in May 2021 FAQ 6 Reporting) and those updated after Notice 2023-11 (published in January 2023 FAQ 6 Reporting update) will be accepted.

• As of 01/01/2024, only submissions with updated codes following Notice 2023-11 (published in January 2023 FAQ 6 Reporting update) will be accepted.

In the event that the US TIN of the Account Holder or the person exercising control (Substantial Owner) could not be obtained, and said TIN is required, the following numerical codes provided by the IRS may be used to complete the TIN label, provided that any of the circumstances listed below apply:

1.2.1 Pre-existing Accounts:

• Pre-existing account of an individual whose identification of being a U.S. citizen is only the place of birth in the United States: “222222222“/ “222-22-2222“ / “22-2222222“.

• Pre-existing account of a legal or natural person whose indicia of being a U.S. citizen are other than the place of birth in the United States: “444444444“ / “444-44-4444“ / “44-4444444“, in addition to any of the following events:

  • A change in circumstances has occurred such that the self-certification or other documentation initially obtained is considered incorrect or unreliable, and no new self-certification or other documentation has been obtained.

  • The account initially did not exceed the reporting threshold and has subsequently exceeded it, without self-certification or other documentation having been obtained.

• Specific cases for pre-existing accounts: 

  1. Pre-existing legal entity account with a balance exceeding $1,000,000 for which foreign ENFP holder no self-certifications have been obtained, and no US indications have been identified in relation to its controlling persons. “666666666“ / “666-66-6666“ / “66-6666666“.

  2. Pre-existing accounts for which the TIN is not available and the account has been inactive or “dormant” but remains above the reporting threshold, also known as “dormant accounts”: “777777777“ / “777-77-7777“ / “77-7777777“.

     For reference, the United States defines “dormant account” in U.S. Treasury Regulation §1.1471-4(d)(6)(ii).

1.2.2 New Accounts:

• New account for an individual whose identification as an American is the United States place of birth:         “333333333“ / “333-33-3333“ / “33-3333333“, in addition to any of the following facts:

  • A change in circumstances has occurred which means that the self-certification initially obtained when opening the account is considered incorrect or unreliable, and a new self-certification has not been obtained.

  • The account did not exceed the declaration threshold at the time of opening and subsequently exceeded it, without obtaining a self-certification.

• New account for a legal or natural person whose identification of being an American is other than the place of birth in the United States: “555555555“ / “555-55-5555“ / “55-5555555“, in addition to any of the following events:

• • A change in circumstances has occurred such that the self-certification or other documentation initially obtained is considered incorrect or unreliable, and no new self-certification or other documentation has been obtained.

  • The account did not exceed the declaration threshold at the time of opening and has subsequently exceeded it, without obtaining a self-certification or other documentation.

The use of these numerical codes provided by the IRS does not exempt the entity from continuing to develop the efforts necessary to obtain the US TIN. For example, you must contact the account holder annually to request the U.S. TIN.

In any other case, the code AAAAAAAAA may be used.

Furthermore, the provision of any of the above codes will not prevent the IRS from reporting an error indicating that the stated value is invalid for a particular record, since the US TIN will still not be properly completed.

NEW for 2023 and subsequent years:

The IRS, in its recent Notice 2023-11, offers flexibility to financial institutions that have not been able to obtain a U.S. TIN for certain preexisting accounts that are reportable U.S. accounts if the procedures outlined in that notice are followed. (See questions What is the purpose of IRS Notice 2023-11? Does it apply to all types of accounts? and What obligations must a financial institution meet in order to benefit from the flexibility allowed by IRS Notice 2023-11? ).

Likewise, in January 2023, the IRS has updated the frequently asked question Q 6 Reporting, with the updated numerical codes to be completed on the TIN label.

• During 2023, submissions using both codes prior to Notice 2023-11 (published in May 2021 FAQ 6 Reporting) and those updated after Notice 2023-11 (published in January 2023 FAQ 6 Reporting update) will be accepted.

• As of 01/01/2024, only submissions with the updated codes following Notice 2023-11 (published in January 2023 FAQ 6 Reporting update) will be accepted, as detailed below.

Using these codes will allow the IRS to better understand the facts and circumstances underlying the failure to complete the U.S. TIN. The update of the TIN field codes (US Tax ID) and its requirements and conditions are as follows:

1.2.1 Pre-existing Accounts:

• “222222222“/ “222-22-2222“ / “22-2222222“: Pre-existing account of an individual whose identification of U.S. nationality is only the United States place of birth, other than an account declared with the code “000222111.” This code takes priority if any other code (other than 000222111) might also apply.

• “000222111” / “000-22-2111” / “00-0222111”: Pre-existing depository account of an individual whose identification of being a United States citizen is only the place of birth in the United States. In addition, the FI must determine that the account holder is a resident of the jurisdiction where the account is maintained for tax and anti-money laundering purposes. For reference, “deposit account” is defined in the Agreement between the Kingdom of Spain and the United States of America (FATCA (BOE-A-2014-6854)). This code takes precedence if any other code might also be applicable.

• “444444444” / “444-44-4444” / “44-4444444” : Pre-existing account of a legal or natural person whose indications of being an American are other than the place of birth in the United States and also have one of the following facts:

  • There has been a change in circumstances that has resulted in one or more U.S. indicia being associated with the account or the self-certification or other documentation initially obtained being deemed incorrect or unreliable, and no valid self-certification or other documentation has been obtained subsequent to the change in circumstances.

  • The account did not exceed the declaration threshold on the date of determination provided for in the Agreement between the Kingdom of Spain and the United States of America (FATCA) and developed in the Order creating Form 290, and has subsequently exceeded it, without having obtained a self-certification or other documentation.

• Specific cases for pre-existing accounts:

  1. “ 666666666 “ / “ 666-66-6666 “ / “ 66-6666666 : Pre-existing legal entity account with a foreign ENFP holder with one or more controlling persons for whom self-certifications have not been obtained, and no US indicia have been identified in relation to any of the controlling persons.

  2. “777777777” / “777-77-7777” / “77-7777777”: Inactive or “dormant” pre-existing account. This is a pre-existing account that does not have a TIN and has been inactive or “dormant,” but remains above the reporting threshold, also known as a “dormant” account. A “dormant account” is one that meets the definition set forth in U.S. Treasury Regulation §1.1471-4(d)(6)(ii) and that has not had any financial activity for three years, except for the accounting of interest. If multiple TIN codes may apply to an account, the other applicable TIN code will take priority.

1.2.2 New Accounts:

• “333333333” / “333-33-3333” / “33-3333333”: New account for a natural person whose indications of being an American are the place of birth in the United States, and also any of the following facts:

  • A change in circumstances has occurred which means that the self-certification initially obtained when opening the account is considered incorrect or unreliable, and a new self-certification has not been obtained.

  • The account did not exceed the declaration threshold at the time of opening and subsequently exceeded it, without obtaining a self-certification.

• “555555555” / “555-55-5555” / “55-5555555”: New account for a legal or natural person whose indications of being an American are other than the place of birth in the United States, and any of the following facts also apply:

  • A change in circumstances has occurred such that the self-certification or other documentation initially obtained is considered incorrect or unreliable, and no new self-certification or other documentation has been obtained.

  • The account did not exceed the declaration threshold at the time of opening and has subsequently exceeded it, without obtaining a self-certification or other documentation.

1.2.3 Cases other than the above:

• “999999999” / “999-99-9999” / “99-9999999”: This code will be used for any account for which the FI cannot obtain the TIN and none of the other codes described above apply. Use of this code implies that the FI has completed its review of accounts without U.S. TINs and has in good faith applied TIN codes to the records where appropriate.

The use of these numerical codes provided by the IRS does not exempt the entity from continuing to develop the efforts necessary to obtain the US TIN.

Additionally, entering any of the above codes will not prevent the IRS from reporting an error that the reported value is invalid for a particular record, since the US TIN will still not be properly filled out.

The error notification will provide 120 days to correct the incidents, in accordance with Article 5.1 “Minor errors and administrative errors” of the Agreement between the Kingdom of Spain and the United States of America (FATCA) (section 4.2.2 of the Competent Authorities Agreement between the United States and Spain). Consistent with the FATCA Agreement (and the TCA if applicable), if a TIN is not provided within 120 days, the United States will evaluate the data received (including whether the FI meets the conditions set forth in Notice 2023-11) and whether there is a significant non-compliance based on the facts and circumstances (See question Reporting FAQ #3 for details on the significant non-compliance procedure).

In case the legal entity account holder type is FATCA101, FATCA102 or FATCA103 (AccountHolderType XML tag) the holder may not be a US person.

In that case, you must fill in the non-US TIN in the format of the country that issued it, as well as the country that issued it in the “Issuedby ” tag in the XML.

In the case of the FATCA104 account holder type, the holder is always a US citizen.

Thus, we distinguish between the following cases:

1. In case the account holder is a legal entity type FATCA 101 or FATCA 102 . In this case, the owner may not be American, but the person who exercises control must be (substantial owner).

   • For the non-US account holder , you must complete the non-US TIN in the format of the country that issued it, as well as the country that issued it. If you do not have this information, you must fill in the TIN value “NA” (Not Available) and the issuing country ES.

   • For the person exercising control (substantial owner) , must complete the US TIN. If you do not have it, you can justify its absence with some of the numerical codes provided by the IRS, as long as you incur in any of the circumstances specified by the IRS.

2. In the event that the account holder is a legal entity of type FATCA103 .  In this case, the holder may not be American. For the account holder, the non-US TIN must be completed in the format of the country that issued it, as well as the country that issued it. If you do not have this information, you must fill in the TIN value NA and the issuing country value ES.

3. In the event that the account holder is a legal entity type FATCA104 , the US TIN of the holder must be completed. If you do not have one, you can justify your absence with one of the numerical codes provided by the IRS, as long as you incur in one of the circumstances specified by the IRS.

Reminder for Cancellation Submission Messages. DocTypeIndic FATCA3:

It is important to note that the above only applies to FATCA1, FATCA2 and FATCA4 records. The FATCA3 record must contain exactly the same data as originally submitted, otherwise you will receive an IRS notice for non-identical deletion. Therefore, in the case of FATCA3, the TIN will be presented again in exactly the same way as it appears in the record that is to be deleted.

You can find out more about the correct structure of the US TIN at the following link on the AEAT website:

US TIN Validations