US Taxpayer Reporting Obligation Under the FATCA Terms.
The Foreign Account Tax Compliance Act 2010 have been enacted on 18 March 2010 as part of the Hiring Incentive to Restore Employment Act ("FATCA"). This Regulation governs for the conditions under which the Investment Manager as a Foreign Financial Institution (FFI) may be required to report directly or indirectly to the Internal Revenue Service ("IRS") certain information about Participation Units owned by US customers based on the provisions of FATCA or other foreign bodies subject to FATCA and for collecting additional identifying information for this purpose. Financial institutions that do not comply with the FATCA provisions may subject to 30% withholding tax on income received from the United States as well as on income from gross sales of United States-originated Securities for the Investment Manager.
In order to comply with FATCA requirements, from 1 July 2014 the Investment Manager may be requested to obtain certain information from Candidate/Holder of Participation Unit to determine the tax status of the United States of the Candidate/Holder of Participation Unit.
In the event that the Participation Unit is owned by a US or FFI customer who does not participate in FATCA or is unable to deliver the requested information, the Investment Manager may pass that information to the competent tax authority, including but not limited to the IRS. As long as the Investment Manager has acted in accordance with these provisions, it shall not be subject to FATCA tax withheld.
Candidate/Holder of Participation Unit must be aware that the Investment Manager is not offering or selling this Unit of Mutual Fund Participation to US customers under the applicable provisions or to those acting for the benefit of US customers. Candidate / Holder of Participation Unit needs to know that under FATCA terms, the definition of US customers also includes the definition of broader investors than the current definition of US customers.