Tax reporting and data residency
Define tax ownership, account and transaction records, CRS/FATCA classification, withholding, customer statements, retention, residency, transfers, and deletion.
Tax reporting and data location are separate control domains, but both depend on a reliable jurisdiction map. Record where the customer is resident, which entity provides the account, where the data is stored and accessed, and which party files each report.
Do not infer tax residence from nationality
Obtain a valid self-certification and apply the locally required reasonableness and indicia checks. Citizenship, phone country, funding currency, and IP address may be indicators, but none alone proves tax residence.
Responsibility matrix
| Activity | Partner | MyStocks / appointed provider |
|---|---|---|
| Tax self-certification | Collect, validate, refresh, and retain | Receive only fields required for operations/reporting |
| Reporting-financial-institution analysis | Confirm own entity status | Confirm platform/custody entity status |
| Transaction and position records | Retain customer-facing ledger and statements | Provide orders, executions, dividends, fees, FX, and custody data |
| Withholding | Disclose customer treatment and reconcile | Apply/report where contractually assigned |
| CRS/FATCA or local filing | File where legally assigned | Provide agreed data extract and corrections support |
| Customer tax advice | Do not provide unless authorised | API output is information, not personal tax advice |
Minimum tax data set
- Legal name, address, date of birth/incorporation, and account identifier.
- Jurisdiction(s) of tax residence and taxpayer identification number or documented exception.
- Entity classification, controlling persons, and their tax residences where applicable.
- Self-certification version, signature/consent, date received, validation result, and expiry/change status.
- Gross proceeds, dividends, interest/distributions, withholding, fees, currency, and FX metadata.
- Corrections, cancellations, account closure, and report-submission identifiers.
Re-document when circumstances conflict with an existing self-certification. Do not silently overwrite the original; preserve the effective dates and correction trail.
Statement and reporting controls
- Reconcile reportable cash and positions to the same ledger used for customer statements.
- Use immutable execution and corporate-action records; distinguish trade date from settlement date.
- Preserve local-market currency, USD ledger effect, FX rate/source, and tax withheld.
- Validate report schemas, record counts, totals, duplicates, and jurisdiction codes before submission.
- Track acceptance, rejection, correction, and customer-notification status.
See Statements and confirms, tax lots and gains endpoints, and the daily Reconciliation workflow.
Data residency and transfer register
For each data category, record:
| Question | Required evidence |
|---|---|
| What is processed? | Data inventory and classification |
| Why is it processed? | Purpose and lawful basis/contractual necessity |
| Where is it stored? | Primary region, replicas, logs, backups, and disaster recovery |
| Who can access it? | Entity, role, country, support access, and authentication controls |
| Who receives it? | Broker, custodian, KYC vendor, cloud provider, tax authority, regulator |
| What enables the transfer? | Adequacy, contract, consent, statutory gateway, or other approved mechanism |
| How long is it retained? | Record-specific schedule and deletion/hold rule |
“Hosted in region” is not a complete answer if support, telemetry, backups, or subprocessors can access the data elsewhere. Evaluate the entire processing chain.
Production evidence
- Executed DPA and controller/processor responsibility record.
- Current data map, subprocessor register, transfer mechanism, and transfer-risk assessment where required.
- Tax responsibility matrix by entity, product, account type, and jurisdiction.
- Valid self-certification workflow and change-in-circumstances process.
- Sample annual statement/report, reconciliation, submission receipt, and correction test.
- Retention schedule covering financial records, KYC, disputes, legal holds, backups, and sandbox deletion.
Reference standards
- OECD consolidated Common Reporting Standard
- OECD automatic exchange of financial account information
See Privacy, retention, and residency for platform retention and production-certification requirements.
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