2402 14
User Manual: 2402
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Important Notice The Depository Trust Company B #: 2402-14 Date: December 16, 2014 To: All Participants Category: Dividends From: International Services Attention: Operations, Reorg & Dividend Managers, Partners & Cashiers Subject: Tax Country: Spain ENAGAS S.A CUSIP: 29248L104 Record Date: 12/18/2014 Payable Date: 01/05/2015 NO EDS The Depository Trust Company has received from GlobeTax Services, the attached information regarding certain tax refunds on the above captioned dividend. As directed in the notice, participants that have qualified beneficial holders that expect to benefit from this procedure should secure the required documentation. For more information please contact GlobeTax 212-747-9100. Important Legal Information: The Depository Trust Company (“DTC”) does not represent or warrant the accuracy, adequacy, timeliness, completeness or fitness for any particular purpose of the information contained in this communication, which is based in part on information obtained from third parties and not independently verified by DTC and which is provided as is. The information contained in this communication is not intended to be a substitute for obtaining tax advice from an appropriate professional advisor. In providing this communication, DTC shall not be liable for (1) any loss resulting directly or indirectly from mistakes, errors, omissions, interruptions, delays or defects in such communication, unless caused directly by gross negligence or willful misconduct on the part of DTC, and (2) any special, consequential, exemplary, incidental or punitive damages. To ensure compliance with Internal Revenue Service Circular 230, you are hereby notified that: (a) any discussion of federal tax issues contained or referred to herein is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code; and (b) as a matter of policy, DTC does not provide tax, legal or accounting advice and accordingly, you should consult your own tax, legal and accounting advisor before engaging in any transaction. DTCC offers enhanced access to all important notices via a Web-based subscription service. The notification system leverages RSS Newsfeeds, providing significant benefits including real-time updates and customizable delivery. To learn more and to set up your own DTCC RSS alerts, visit http://www.dtcc.com/subscription_form.php. Non-Confidential Enagas, S.A. dividend. has announced a cash DIVIDEND EVENT DETAILS On ADR Pay Date, all holders will receive this COUNTRY OF ISSUANCE dividend net of the full Spanish statutory ISSUE withholding tax rate of 20%. Subsequent to the payment date on which the dividend less the 20% withholding tax will be paid, beneficial owners may reclaim the difference between the statutory rate and the beneficial owner’s rate of entitlement by submitting the required documentation to GlobeTax. This issue is NOT eligible through the Elective Dividend System (“EDS”). There will be one “Quick Refund” filing deadline and the Standard Long-Form filing deadline entitling beneficiaries up to four years from the Spanish payment date to file for reclaim. CUSIP# SPAIN ENAGAS, S.A. 29248L104 DEPOSITARY UNSPONSORED DEPOSITARY SHARE RECORD DATE DEPOSITARY SHARE PAY DATE ORD GROSS DIVIDEND RATE RATIO December 18, 2014 January 5, 2015 0.52€ 1 ORD : 2 DS STATUTORY WHT RATE 20% CHARGES & DEADLINES FILING METHOD QUICK REFUND STANDARD LONG FORM PROCESS PAYMENT METHOD TAX RELIEF FEE MINIMUM FEE PER BENEFICIAL OWNER CHECK Up to $0.0075 per Depositary Receipt $25 Tax Relief Fee (“DR”) plus a minimum of EUR 15 custodial fees CHECK Up to $0.0075 per Depositary Receipt $25 Tax Relief Fee (“DR”) plus a minimum of EUR 15 custodial fees FINAL SUBMISSION DEADLINE (ALL TIMES EST) ESP & DOCUMENTATION DEADLINE: December 29, 2014; 5:00 P.M. November 1, 2018; 5:00 P.M. ELIGIBILITY MATRIX RATE DESCRIPTION RECLAIM RATE ELIGIBLE RESIDENTS DOCUMENTATION REQUIRED UNFAVORABLE - 20% 0% NON-TREATY COUNTRIES NONE FAVORABLE - 15% 5% ALL U.S. ENTITIES 1. 2. 3. FAVORABLE - 15% 5% ALGERIA, AUSTRALIA, BELGIUM, BOLIVIA, BRAZIL, BULGARIA, CANADA, CROATIA, CUBA, CZECH REPUBLIC, ECUADOR, ESTONIA, FINLAND, FRANCE, HUNGARY, ICELAND, INDIA, INDONESIA, 1. IRELAND, ITALY, JAPAN, KAZAKSTAN, LITHUANIA, LUXEMBOURG, MACEDONIA, MEXICO, MOROCCO, 2. NEW ZEALAND, NORWAY, PHILIPPINES, POLAND, 3. PORTUGAL, ROMANIA, RUSSIAN FEDERATION, SLOVAKIA, SLOVENIA, SOUTH AFRICA, SOUTH KOREA, TUNISIA, TURKEY, UNITED ARAB EMIRATES, VIETNAM 1. 2. FAVORABLE - 15% 5% AUSTRIA, GERMANY, THE NETHERLANDS, SWEDEN, SWITZERLAND 3. 4. FAVORABLE - 12% 8% COSTA RICA, EL SALVADOR, EGYPT 1. 2. 3. FAVORABLE - 10% 10% ALBANIA, ARMENIA, BOSNIA-HERZEGOVENA, 1. CHILE, CHINA, GEORGIA, GREECE, HONG KONG, 2. IRAN, ISRAEL, JAMAICA, LATVIA, MOLDOVA, PAKISTAN, PANAMA, SERBIA, THAILAND, TRINIDAD 3. AND TOBAGO, UNITED KINGDOM, VENEZUELA FAVORABLE - 5% 15% 1. BARBADOS, COLOMBIA, MALAYSIA, MALTA, SAUDI 2. ARABIA, SINGAPORE, URUGUAY 3. BENEFICIARIES LISTED IN EXHIBIT II EXEMPT - 0% 20% PENSION FUNDS OF PANAMA, SWITZERLAND, UNITED KINGDOM 1. 2. 3. 4. EXHIBIT I (COVER LETTER) ESP SUBMISSION OR CLIENT LISTING ON EXHIBIT I IRS FORM 6166 EXHIBIT I (COVER LETTER) ESP SUBMISSION OR CLIENT LISTING ON EXHIBIT I CERTIFICATE OF RESIDENCE EXHIBIT I (COVER LETTER) ESP SUBMISSION OR CLIENT LISTING ON EXHIBIT I PETICION DE REDUCCIÓN (QUICK REFUND) PETICION DE DEVOLUCION (STANDARD LONG-FORM) EXHIBIT I (COVER LETTER) ESP SUBMISSION OR CLIENT LISTING ON EXHIBIT I CERTIFICATE OF RESIDENCE EXHIBIT I (COVER LETTER) ESP SUBMISSION OR CLIENT LISTING ON EXHIBIT I CERTIFICATE OF RESIDENCE EXHIBIT I (COVER LETTER) ESP SUBMISSION OR CLIENT LISTING ON EXHIBIT I CERTIFICATE OF RESIDENCE EXHIBIT I (COVER LETTER) ESP SUBMISSION OR CLIENT LISTING ON EXHIBIT I INCORPORATION DOCUMENT CERTIFICATE OF RESIDENCE (FOR LISTED PENSION FUNDS ONLY) DESCRIPTION OF VARIOUS DOCUMENTATION (QUICK & STANDARD RECLAIMS) DOCUMENT NAME DESCRIPTION ORIGINAL / COPY EXHIBIT I LISTING OF BENEFICIAL OWNER INFORMATION (NAME, ADDRESS, TAX IDENTIFICATION NUMBER, NUMBER OF SHARES) ORIGINAL DTC REPRESENTATIVE ORIGINAL IRS REPRESENTATIVE ORIGINAL RELEVANT TAX AUTHORITY ORIGINAL RELEVANT TAX AUTHORITY (COVER LETTER) - IRS FORM 6166 - - CERTIFICATE OF RESIDENCE PETICION DE REDUCCION OR PETICION DE DEVOLUCION - - INCORPORATION DOCUMENT ISSUED BY THE INTERNAL REVENUE SERVICE, STATING THE NAME AND TAX PAYER IDENTIFICATION NUMBER OF THE BENEFICIAL OWNER MUST MENTION THE UNITED STATES – SPAIN INCOME TAX CONVENTION MUST STATE THE TAX YEAR OF THE DIVIDEND’S LOCAL PAY DATE OR BE DATED WITHIN 12 MONTHS OF THE LOCAL PAY DATE CERTIFIED BY TAX ADMINISTRATION OF BENEFICIARY’S COUNTRY OF RESIDENCE, STATING (IN ENGLISH OR SPANISH) THE NAME AND TAX PAYER IDENTIFICATION NUMBER OF THE BENEFICIAL OWNER MUST MENTION THE TREATY BETWEEN THE COUNTRY OF RESIDENCE AND SPAIN MUST STATE THE TAX YEAR OF THE DIVIDEND’S LOCAL PAY DATE OR BE DATED 1 YEAR PRIOR TO THE DIVIDEND’S LOCAL PAY DATE CERTIFIED BY TAX ADMINISTRATION OF BENEFICIARY’S COUNTRY OF RESIDENCE, STATING (IN ENGLISH OR SPANISH) THE NAME AND TAX PAYER IDENTIFICATION NUMBER OF THE BENEFICIAL OWNER MUST MENTION THE TREATY BETWEEN THE COUNTRY OF RESIDENCE AND SPAIN THE TAX RECLAIM INCOME EVENT(S) MUST BE SPECIFIED ON THE PETICION’S SCHEDULE. A COPY OF THE STATUES OF THE ENTITY WHERE IT IS MENTIONED THAT IT IS A SUPRANATIONAL ORGANIZATION. COPY SIGNATURE REQUIREMENT ENTITY’S REPRESENTATIVE BNY Mellon, Citibank, Deutsche Bank, and J.P. Morgan Chase offer ESP powered by GlobeTax, an electronic withholding tax submission system. This system allows for the secure and simple transfer of beneficial owner level data from the Participant to GlobeTax and creates applicable documentation on the Participants behalf. Submit the data online through the web site below, print the documents on letterhead, sign them, and mail them to GlobeTax along with the necessary required documents. These claims should be submitted through the following website. (Requires a one-time registration) https://esp.globetax.com Please contact Ms. Aina Moreno at 1-212-747-9100 or via email at Aina_Moreno@globetax.com if you have any questions about this process. CONTACT DETAILS PRIMARY CONTACT AINA MORENO INTERNATIONAL PHONE 1-212-747-9100 INTERNATIONAL FAX 1-212-747-0029 EMAIL ADDRESS AINA_MORENO@GLOBETAX.COM COMPANY BNY MELLON in C/O GLOBETAX STREET ADDRESS 90 BROAD STREET, 16TH FLOOR CITY/STATE/ZIP NEW YORK, NY 10004 ADDITIONAL CONTACTS GREGG LEWIS FREQUENTLY ASKED QUESTIONS (FAQs) QUICK REFUND QUESTIONS QUESTION IS THE QUICK REFUND PROCESS FREE OF CHARGE? ANSWER NO. THIS TAX RELIEF QUICK REFUND ASSISTANCE SERVICE IS WHOLLY VOLUNTARY AND DISCRETIONARY AND OUTSIDE THE TERMS AND CONDITIONS OF ANY APPLICABLE DEPOSIT AGREEMENT. FEES WILL BE CHARGED FOR THIS SERVICE OF UP TO $0.0075 PER DEPOSITARY RECEIPT WITH A $25 MINIMUM, AND ANY OTHER CHARGES, FEES OR EXPENSES PAYABLE BY OR DUE TO BNY MELLON, CITIBANK, DEUTSCHE BANK, J.P. MORGAN OR ITS AGENTS, INCLUDING THE CUSTODIAN OR TO TAX AUTHORITIES OR REGULATORS . FEES PAID TO BNY MELLON MAY BE SHARED WITH ITS AGENTS. YES, THERE IS 1,130 A SHARE MINIMUM FOR QUICK REFUND WHAT ARE THE MINIMUM AMOUNT OF SHARES NECESSARY RECLAIMS. IN ORDER TO BE ELIGIBLE FOR RECLAIM? HOW LONG DOES IT TAKE TO RECEIVE PAYMENT ON QUICK APPROXIMATELY 10-12 WEEKS FROM THE QUICK REFUND REFUND RECLAIMS? DEADLINE FREQUENTLY ASKED QUESTIONS (FAQs) GENERAL QUESTIONS QUESTION IS THE LONG FORM PROCESS FREE OF CHARGE? WHAT ARE THE MINIMUM AMOUNT OF SHARES NECESSARY IN ORDER TO BE ELIGIBLE FOR LONG FORM RECLAIM? ANSWER NO. THIS TAX RELIEF LONG FORM ASSISTANCE SERVICE IS WHOLLY VOLUNTARY AND DISCRETIONARY AND OUTSIDE THE TERMS AND CONDITIONS OF ANY APPLICABLE DEPOSIT AGREEMENT. FEES WILL BE CHARGED FOR THIS SERVICE OF UP TO $0.0075 PER DEPOSITARY RECEIPT WITH A MINIMUM OF $25.00, AND ANY OTHER CHARGES, FEES OR EXPENSES PAYABLE BY OR DUE TO BNY MELLON, CITIBANK, DEUTSCHE BANK, J.P. MORGAN OR ITS AGENTS, INCLUDING THE CUSTODIAN OR TO TAX AUTHORITIES OR REGULATORS . FEES PAID TO BNY MELLON MAY BE SHARED WITH ITS AGENTS. APPROXIMATELY 1,130 SHARES FOR LONG FORM RECLAIMS HOW LONG DOES IT TAKE TO RECEIVE PAYMENT ON APPROXIMATELY 1 YEAR STANDARD LONG-FORM RECLAIMS? CAN I SUBMIT ONE IRS FORM 6166 OR CERTIFICATE OF RESIDENCE FOR THE SAME BENEFICIARY FOR MULTIPLE PAY DATES? YES. AS LONG AS THE 6166 IS DATED WITHIN ONE YEAR OF THE DIVIDEND IT MAY BE USED AGAIN. YOU CAN ACCESS THIS INFORMATION VIA ESP SUBMISSIONS. WHAT IS THE DIFFERENCE BETWEEN THE PETICION DE REDUCCION AND THE PETICION DE DEVOLUCION? THE FORMS ARE SIMILAR, HOWEVER, THE PETICION DE REDUCCION IS THE QUICK REFUND PROCESS AND THE PETICION DE DEVOLUCION IS FOR THE STANDARD LONG-FORM PROCESS HOW LONG DO I HAVE TO RECLAIM ON THIS DIVIDEND? 4 YEARS FROM THE DIVIDEND’S LOCAL PAY DATE. CLAIMS RECEIVED AFTER NOVEMBER 1, 2018 WILL BE FILED ON A BEST EFFORT BASIS. BNY MELLON in C/O GLOBETAX ONLY ACCEPTS CLAIMS FILED BY WILL BNY MELLON/GLOBETAX ACCEPT CLAIMS THE DTC PARTICIPANT WHO WAS HOLDING THE SECURITIES FILED DIRECTLY TO THEM BY BENEFICIAL OWNERS? THROUGHT DTC AND ONLY TO THE EXTENT THAT DTC HAS REPORTED THESE HOLDINGS TO US AS VALID. Warning and Disclaimer: BNY Mellon will not be responsible for the truth or accuracy of any submissions received by it and, by following the procedures set forth herein or otherwise submitting any information, all submitting holders of DRs, and their agents, shall be agreeing to indemnify and hold harmless BNY Mellon and its agents for any and all losses, liabilities, fees and expenses (including reasonable fees and expenses of counsel) incurred by any of them in connection therewith or arising there from. BNY Mellon and its agents will be relying upon the truth and accuracy of any and all submissions received by them in connection with the tax relief process and shall hold submitting holders of DRs and their agents, liable and responsible for any losses incurred in connection therewith or arising there from. There is no guarantee that the applicable tax authorities or the applicable issuer will accept submissions for relief. Neither BNY Mellon nor its agents shall be responsible or liable to any holders of DRs in connection with any matters related to, arising from, or in connection with the tax relief process described herein. EXHIBIT II- THE LIST OF THE TAX-EXEMPT ENTITIES African Development Bank Asian Development Bank European Bank for Reconstruction and Development European Central Bank European Investment Bank European Monetary Institute European Patent Organization European Space Agency European Union Inter-American Development Bank International Atomic Energy Agency International Bank of Reconstruction and Development (IBRD) International Civil Aviation Organisation International Development Association International Financial Corporation International Fund for Agricultural Development International Labour Organisation (ILO) International Maritime Organisation International Monetary Fund (IMF) International Oil Council International Telecommunications Union North Atlantic Treaty Organization (NATO) Spanish Red Cross United Nations Children’s Fund (UNICEF) United Nations (UN) United Nations Refugee Agency United Nations Education, Science and Culture Organisation (UNESCO) United Nations Food and Agricultural Organisation United Nations World Food Program Universal Postal Union World Health Organisation (WHO) World Intellectual Property Organisation (WIPO) World Tourism Organisation (WTO) World Trade Organisation World Weather Organisation [DATE] Globetax as Agent for BNY Mellon 90 Broad Street-16th Floor New York, NY 10004-2205 Attn: SPAIN Enclosed please find tax reclamation documents, which we are submitting on behalf of our clients who wish to avoid excess withholding tax on Spanish DR(s). We, [NAME OF DTC PARTICIPANT] , also identified as DTC participant number [DTC PARTICIPANT NUMBER], hereby state that each beneficial owner cited below held the respective amount of shares on the record date November 3, 2014 for the security INDUSTRIA DE DISENO TEXTIL INDITEX. Below is the list of beneficial owners and their holdings, which total [TOTAL # OF DRs CITED BELOW] DR(s). As required, the forms and a certification of residency document (Form 6166) if applicable, are enclosed for each beneficial owner. The ratio is 2 DR (s) to 1 Ordinary share. The information is as follows: Name of beneficial owner 1) 2) 3) 4) Address Type of Account Taxpayer ID # # of DR(s) held We ask that BNY Mellon apply to the Spanish Custodian Bank for the reduced withholding tax rate on the above beneficial owners' behalf. Please contact the undersigned at [SIGNATORY'S TELEPHONE NUMBER] or via email at [SIGNATORY'S EMAIL ADDRESS] should you have any questions. Agreements, Representations and Indemnification We hereby agree that this tax reclaim assistance service is wholly voluntary and discretionary and outside the terms and conditions of any applicable deposit agreement. We hereby accept and agree to pay the fees of BNY Mellon of up to $0.0075 per Depositary Receipt for Quick Refund (with a minimum of $25.00) and up to $0.0075 per Depositary Receipt for standard Long Form tax reclaim (with a minimum of $25.00), and any other charges, fees or expenses payable by or due to BNY Mellon or its agents, including the (respective) custodian, in connection with the tax reclaim process, or to tax authorities or regulators (which fees, charges or expenses may be deducted from the dividend or any other distribution or by billing or otherwise in BNY Mellon’s discretion). We hereby agree that any such fees, charges or expenses may be due and payable whether or not a successful reduction in rate or reclamation is obtained. We hereby agree that fees paid to BNY Mellon may be shared with its Agents. We hereby agree that in addition to statutory and documentation requirements and the deduction of fees, tax reclaim benefits will be subject to review and approval by the applicable custodian and the applicable tax regulators, and that BNY Mellon is not providing any legal, tax, accounting or other professional advice on these matters and has expressly disclaimed any liability whatsoever for any loss howsoever arising from or in reliance hereto. We certify that to the best of our knowledge that each of the beneficial owners identified above are eligible for the preferential rates as stated herein and we declare that we have performed all the necessary due diligence to satisfy ourselves as to the accuracy of the information submitted to us by these beneficial owners. We will be fully liable for any and all claims, penalties and / or interest, including without limitation, any foreign exchange fluctuations associated therewith. BNY Mellon shall not be liable for the failure to secure any refund. In consideration of the assistance of BNY Mellon and the custodian in processing such claims, we expressly agree that BNY Mellon and its agents or affiliates shall not have any liability for, and we shall indemnify, defend and hold each of BNY Mellon and its agents and affiliates harmless from and against, any and all loss, liability, damage, judgment, settlement, fine, penalty, demand, claim, cost or expense (including without limitation fees and expenses of defending itself or enforcing this agreement) arising out of or in connection herewith. Sincerely, [Signature of authorized signatory for DTC Participant] [NAME AND TITLE OF AUTHORIZED OFFICER FOR DTC PARTICIPANT] PAYMENT ADDRESS: ___________________________ __________________________ __________________________ __________________________
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