Definition of a U.S. Reportable Person for Tax Purposes:

Definition of a U.S. Reportable Person for Tax Purposes:

SEC: Regulation S (Section 902(k)), as published in the Electronic Code of Federal Regulations (eCFR) — an authoritative version of SEC rules/paragraph K defines a US person as:

  1. Any natural person resident in the United States;
  2. Any partnership or corporation organised or incorporated under the laws of the United States;
  3. Any estate of which any executor or administrator is a US person;
  4. Any trust of which any trustee is a US person;
  5. Any agency or branch of a foreign entity located in the United States;
  6. Any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a US person;
  7. Any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organised, incorporated, or (if an individual) resident in the United States; and
  8. Any partnership or corporation if:
    1. Organised or incorporated under the laws of any foreign jurisdiction; and
    2. Formed by a US person principally for the purpose of investing in securities not registered under the Act, unless it is organized or incorporated, and owned, by accredited investors (as defined in Rule 501(a)) who are not natural persons, estates or trusts.

Official Link: https://www.ecfr.gov/current/title-17/chapter-II/part-230/section-230.902

 

IRS: Internal Revenue Code Section 7701(a)(30) defines a US person as:

  1. a citizen or resident of the United States (including a lawful permanent resident residing abroad who has not formally notified United States Citizenship and Immigration Services in order to abandon that status);
  2. a domestic partnership;
  3. a domestic corporation;
  4. any estate (other than a foreign estate, within the meaning of paragraph (31)); and
  5. any trust if—
    1. a court within the United States is able to exercise primary supervision over the administration of the trust, and
    2. one or more United States persons have the authority to control all substantial decisions of the trust.

Official Link: https://www.irs.gov/individuals/international-taxpayers/classification-of-taxpayers-for-us-tax-purposes