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What is a Non-Financial Entity, or NFE? What’s the difference between an Active NFE and a Passive NFE?

А Non-Financial Entity, or NFE, is a company that’s not primarily engaged in financial activities, such as banking or investment services. 

NFE is a term that’s commonly used in the context of tax compliance – usually in relation to the Foreign Account Tax Compliance Act (FATCA), and the Common Reporting Standard (CRS).

What is an Active NFE? 

An Active NFE earns a significant portion of its income from manufacturing, sales, providing services, or anything else that can be considered ‘active business operations’.

Active NFEs get more than 50% of their gross income from active trade or business, or have more than 50% of their assets in operational business activities that generate income. 

What is a Passive NFE?

A Passive NFE gets more than 50% of its earnings as passive income – from interest, rents, dividends, and royalties.

There are different reporting requirements under FATCA and CRS, depending on whether a company is an Active or a Passive NFE. Understanding the difference between the two company types is crucial for international tax compliance.

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