Canada–United States Enhanced Tax Information Exchange Agreement Implementation Act — C-10.58 1
1 For purposes of this agreement and any annexes thereto (“Agreement”), the following terms shall have the meanings set forth below: a) The term United States has the same meaning as in the Convention. Any reference to a State of the United States includes the District of Columbia. b) The term U.S. Territory means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, or the U.S. Virgin Islands. c) The term IRS means the U.S. Internal Revenue Service. d) The term Canada has the same meaning as in the Convention. e) The term Partner Jurisdiction means a jurisdiction that has in effect an agreement with the United States to facilitate the implementation of FATCA. The IRS shall publish a list identifying all Partner Jurisdictions. f) The term Competent Authority means: (1) in the case of the United States, the Secretary of the Treasury or the Secretary’s delegate; and (2) in the case of Canada, the Minister of National Revenue or the Minister of National Revenue’s authorized representative. g) The term Financial Institution means a Custodial Institution, a Depository Institution, an Investment Entity, or a Specified Insurance Company. h) The term Custodial Institution means any Entity that holds, as a substantial portion of its business, financial assets for the account of others. An entity holds financial assets for the account of others as a substantial portion of its business if the entity’s gross income attributable to the holding of financial assets and related financial services equals or exceeds 20 percent of the entity’s gross income during the shorter of: (1) the three-year period that ends on December 31 (or the final day of a non-calendar year accounting period) prior to the year in which the determination is being made; or (2) the period during which the entity has been in existence. i) The term Depository Institution means any Entity that accepts deposits in the ordinary course of a banking or similar business. j) The term Investment Entity means any Entity that conducts as a business (or is managed by an entity that conducts as a business) one or more of the following activities or operations for or on behalf of a customer: (1) trading in money market instruments (cheques, bills, certificates of deposit, derivatives, etc.); foreign exchange; exchange, interest rate and index instruments; transferable securities; or commodity futures trading; (2) individual and collective portfolio management; or (3) otherwise investing, administering, or managing funds or money on behalf of other persons. This subparagraph 1(j) shall be interpreted in a manner consistent with similar language set forth in the definition of financial institution in the Financial Action Task Force Recommendations. k) The term Specified Insurance Company means any Entity that is an insurance company (or the holding company of an insurance company) that issues, or is obligated to make payments with respect to, a Cash Value Insurance Contract or an Annuity Contract. l) The term Canadian Financial Institution means: (1) any Financial Institution that is resident in Canada, but excluding any branch of such Financial Institution that is located outside Canada, and (2) any branch of a Financial Institution that is not resident in Canada, if such branch is located in Canada. m) The term Partner Jurisdiction Financial Institution means: (1) any Financial Institution that is established in a Partner Jurisdiction, but excluding any branch of such Financial Institution that is located outside the Partner Jurisdiction, and (2) any branch of a Financial Institution that is not established in the Partner Jurisdiction, if such branch is located in the Partner Jurisdiction. n) The term Reporting Financial Institution means a Reporting Canadian Financial Institution or a Reporting U.S. Financial Institution, as the context requires. o) The term Reporting Canadian Financial Institution means any Canadian Financial Instit