- Active Entity
means any Entity that meets any of the following criteria:
- Annuity Contract
means a contract under which the issuer agrees to make payments for a period of time determined in whole or in part by reference to the life expectancy of one or more individuals.
- Branch
means a unit, business or office of a Reporting Crypto-Asset Service Provider that is treated as a branch under the regulatory regime of a jurisdiction or that is otherwise regulated under the laws of a jurisdiction as separate from other offices, units, or branches of the Reporting Crypto-Asset Service Provider.
- Cash Value
means the greater of (i) the amount that the policyholder is entitled to receive upon surrender or termination of the contract (determined without reduction for any surrender charge or policy loan) and (ii) the amount the policyholder can borrow under or with regard to the contract.
- Cash Value Insurance Contract
means an Insurance Contract (other than an indemnity reinsurance contract between two insurance companies) that has a Cash Value.
- Central Bank
means an institution that is by law or government sanction the principal authority, other than the government of the jurisdiction itself, issuing instruments intended to circulate as currency.
- Central Bank Digital Currency
means any digital Fiat Currency issued by a Central Bank or other monetary authority.
- client
means, for the purposes of Article 8ab, any intermediary or relevant taxpayer that receives services, including assistance, advice, counsel or guidance, from an intermediary subject to legal professional privilege in relation to a reportable cross-border arrangement.
- controlled entity
means an Entity that is separate in form from the jurisdiction or that otherwise constitutes a separate juridical entity, provided that:
- Controlling Persons
means the natural persons who exercise control over an Entity.
- Crypto-Asset
means crypto-asset as defined in Article 3(1), point (5), of Regulation (EU) 2023/1114.
- Crypto-Asset Operator
means a provider of Crypto-Asset Services other than a Crypto-Asset Service Provider.
- Crypto-Asset Service
means crypto-asset service as defined in Article 3(1), point (16), of Regulation (EU) 2023/1114, including staking and lending.
- Crypto-Asset Service Provider
means crypto-asset service provider as defined in Article 3(1), point (15), of Regulation (EU) 2023/1114.
- Crypto-Asset User
means an individual or Entity that is a customer of a Reporting Crypto-Asset Service Provider for the purpose of carrying out Reportable Transactions.
- Custodial Institution
means any Entity that holds, as a substantial portion of its business, Financial Assets for the account of others.
- Customer Due Diligence Procedures
means the customer due diligence procedures of a Reporting Crypto-Asset Service Provider pursuant to Directive (EU) 2015/849 or similar requirements to which such Reporting Crypto-Asset Service Provider is subject.
- Depository Account
includes any commercial, checking, savings, time, or thrift account, or an account that is evidenced by a certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar instrument maintained by a Depository Institution.
- Depository Institution
means any Entity that:
- distributed ledger address
means distributed ledger address referred to in Regulation (EU) 2023/1114 of the European Parliament and of the Council;
- Effective Qualifying Competent Authority Agreement
means an agreement between the competent authorities of a Member State and a non-Union jurisdiction that requires the automatic exchange of information corresponding to that specified in Section II, paragraph B, of this Annex, as determined by an implementing act in accordance with Article 8ad(11).
- Entity
means a legal person or a legal arrangement, such as a corporation, partnership, trust, or foundation.
- Entity Crypto-Asset User
means a Crypto-Asset User that is an Entity.
- Equity Interest
means, in the case of a partnership that is a Financial Institution, either a capital or profits interest in the partnership.
- Exchange Transaction
means any:
- Excluded Person
means:
- Fiat Currency
means the official currency of a jurisdiction, issued by a jurisdiction or by a jurisdiction’s designated Central Bank or monetary authority, as represented by physical banknotes or coins or by money in different digital forms, including bank reserves and Central Bank Digital Currencies.
- Financial Asset
includes a security (for example, a share of stock in a corporation;
- Financial Institution
means a Custodial Institution, a Depository Institution, an Investment Entity, or a Specified Insurance Company.
- Governmental Entity
means the government of a jurisdiction, any political subdivision of a jurisdiction (which, for the avoidance of doubt, includes a state, province, county, or municipality), or any wholly owned agency or instrumentality of a jurisdiction or of any one or more of the foregoing.
- Identification Service
means an electronic process made available free of charge by a Member State or the Union to a Reporting Crypto-Asset Service Provider for the purpose of ascertaining the identity and tax residence of a Crypto-Asset User.
- Individual Crypto-Asset User
means a Crypto-Asset User that is an individual.
- Insurance Contract
means a contract (other than an Annuity Contract) under which the issuer agrees to pay an amount upon the occurrence of a specified contingency involving mortality, morbidity, accident, liability, or property risk.
- International Organisation
means any international organisation or wholly owned agency or instrumentality thereof.
- Investment Entity
means any Entity: An Entity is treated as primarily conducting as a business one or more of the activities described in subparagraph E(5), point (a), or an Entity’s gross income is primarily attributable to investing, reinvesting, or trading in Financial Assets or Reportable Crypto-Assets for the purposes of subparagraph E(5), point (b), if the Entity’s gross income attributable to the relevant activities equals to or exceeds 50 % of the Entity’s gross income during the shorter of: (i) the three-year period ending on 31 December of the year preceding the year in which the determination is made;
- New Account
means a Financial Account maintained by a Reporting Financial Institution opened on or after 1 January 2016 or, if the account is treated as a Financial Account solely by virtue of the amendments to this Directive made by Directive (EU) 2023/2226, on or after 1 January 2026.
- non-custodial dividend income
means dividends or other income treated as dividends in the payer’s Member State which are paid or credited to an account other than a Custodial Account as defined in Section VIII, subparagraph C(3), of Annex I;
- Pre-existing Account
means:
- Pre-existing Entity Crypto-Asset User
means an Entity Crypto-Asset User that has established a relationship with the Reporting Crypto-Asset Service Provider as of 31 December 2025.
- Pre-existing Individual Crypto-Asset User
means an Individual Crypto-Asset User that has established a relationship with the Reporting Crypto-Asset Service Provider as of 31 December 2025.
- Qualified Non-Union Jurisdiction
means a non-Union jurisdiction that has in effect an Effective Qualifying Competent Authority Agreement with the competent authorities of all Member States which are identified as reportable jurisdictions in a list published by the non-Union jurisdiction.
- Reportable Crypto-Asset
means any Crypto-Asset other than a Central Bank Digital Currency, Electronic Money, or any Crypto-Asset for which the Reporting Crypto-Asset Service Provider has adequately determined that it cannot be used for payment or investment purposes.
- Reportable Person
means a Member State Person other than an Excluded Person.
- Reportable Retail Payment Transaction
means a Transfer of Reportable Crypto-Assets in consideration of goods or services for a value exceeding USD 50000 (or the equivalent amount in any other currency).
- Reportable Transaction
means any:
- Reportable User
means a Crypto-Asset User that is a Reportable Person resident in a Member State.
- Reporting Crypto-Asset Service Provider
means any Crypto-Asset Service Provider and any Crypto-Asset Operator that conducts one or more Crypto-Asset Services effectuating Exchange Transactions for or on behalf of a Reportable User.
- 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.
- TIN
means Taxpayer Identification Number (or functional equivalent in the absence of a Taxpayer Identification Number).
- Transfer
means a transaction that moves a Reportable Crypto-Asset from or to the Crypto-Asset address or account of one Crypto-Asset User, other than one maintained by the Reporting Crypto-Asset Service Provider on behalf of the same Crypto-Asset User, where, based on the knowledge available to the Reporting Crypto-Asset Service Provider at the time of transaction, the Reporting Crypto-Asset Service Provider cannot determine that the transaction is an Exchange Transaction.