The IRS has published additional Frequently Asked Questions that address general compliance issues related to FATCA obligations. Specifically, the FAQs touch upon Foreign TIN and Date of Birth requirements. A withholding agent must obtain a foreign TIN for:
• A foreign person claiming a reduced rate of withholding under an income tax treaty if
there is no U.S. TIN and the income type requires a TIN.
• A foreign holder of an account maintained at a U.S. branch or office of the withholding agent Financial Institution.
For calendar year 2017, a withholding agent is not required to treat an otherwise valid beneficial owner withholding certificate as invalid for lack of a foreign TIN – unless the agent has knowledge of its existence. For certificates obtained on or after 1/1/2017, withholding agent must collect a date of birth for an individual beneficial owner unless it was previously collected in other paperwork.
Where a foreign TIN is not included on an otherwise valid beneficial owner withholding certificate, a withholding agent may obtain it on a written statement by the owner indicating that the foreign TIN is to be associated with the certificate.