FATCA in Cambodia: Six Conditions to Keep IRS Relief for Accounts Without a US TIN
At a glance
Cambodia's General Department of Taxation (GDT) has issued Notification No. 37531 dated 28 October 2026, setting out six conditions that financial institutions must meet to keep US relief for reporting pre-existing accounts that lack a US taxpayer identification number (US TIN) for 2025, 2026 and 2027. Any 2025 report that falls short must be corrected or supplemented by 31 December 2026.
Cambodia confirms pass-through of IRS Notice 2024-78 relief for pre-existing accounts lacking a US TIN across calendar years 2025, 2026, and 2027.
Institutions must collect DOB, perform annual TIN requests, run annual electronic database searches, report valid TIN codes, report FTINs, and format addresses with AddressFix.
Any calendar year 2025 reporting submitted without meeting all conditions must be corrected or supplemented by 31 December 2026.
Compliance evidence, including records from earlier years, must be preserved through 31 December 2031 to prevent Significant Non-Compliance findings.
Background
FATCA is the US Foreign Account Tax Compliance Act. Cambodia and the United States have an agreement to improve international tax compliance and implement FATCA, and a Prakas on implementing that agreement defines which entities count as financial institutions for these purposes.
According to the notification, the US Internal Revenue Service (IRS) issued Notice 2024-78, which extended the relief first provided in IRS Notice 2023-11. That relief concerns the reporting of a US TIN on pre-existing accounts. The notification states that the relief applies for calendar years 2025, 2026 and 2027, and it explains what Cambodian financial institutions must do to benefit from it.
IRS Notice 2024-78 extends temporary relief for reporting pre-existing accounts lacking US TINs through calendar years 2025, 2026, and 2027, provided reporting financial institutions strictly execute prescribed outreach and due diligence procedures.
Who is affected
The notification is addressed to banks, insurance companies, microfinance institutions, securities firms and other similar entities that are financial institutions under clause 4 of the Prakas on implementing the Cambodia and US FATCA agreement.
To obtain the relief for pre-existing accounts without a US TIN for 2025, 2026 and 2027, a financial institution must report information on all US accounts without a US TIN, including new accounts, and must meet the six conditions below.
The reporting requirement covers all US accounts without a US TIN, and the notification expressly includes new accounts. Compliance measures cannot be limited solely to pre-existing accounts.
The six conditions
To obtain relief for pre-existing accounts without a US TIN for calendar years 2025, 2026 and 2027, financial institutions must report information on all US accounts without a US TIN and satisfy the following six conditions:
Date of Birth
Collect and report the date of birth of each individual account holder and each controlling person who does not have a US TIN.
Annual US TIN Request
Ask account holders every year for any US TIN not yet received, using the most suitable method to contact them and to provide information on FATCA compliance, as set out in IRS Notice 2024-78 (Section 3.03).
Annual Electronic Search
Search the institution's electronically searchable data every year to find any US TIN not yet received.
Correct TIN Code
Report the correct TIN code format for each account without a US TIN, as set out in GDT Notification No. 14986 dated 12 May 2023.
Foreign TIN (FTIN)
If the institution's electronic data hold a foreign TIN (FTIN) issued by the account holder's country of residence, report that FTIN for US persons without a US TIN.
AddressFix
Report the city and country of residence of US persons without a US TIN, using AddressFix in the report form.
Records and consequences
The notification requires financial institutions to keep records and supporting documents showing compliance with the conditions above, including those from earlier years, until the end of 2031.
If an institution does not comply with the conditions, or does not keep supporting documents properly, the notification states that it may be treated as having committed Significant Non-Compliance. The notification uses the phrase "may be treated", so the outcome is described as possible rather than automatic.
Failing to satisfy the conditions or failing to maintain proper supporting documentation through 2031 risks classification as Significant Non-Compliance under FATCA, which carries serious consequences under the intergovernmental framework.
Key date: 31 December 2026
Where a financial institution has already submitted its report for calendar year 2025 but did not meet the conditions above, it must submit a corrected or supplementary report by 31 December 2026.
Institutions that have already filed their 2025 returns should review their submissions against the six conditions immediately, ensuring that any missing dates of birth, foreign TINs, or AddressFix fields are corrected within this statutory timeline.
Practical points drawn from the notice
The following points restate what the notification itself requires:
- Scope check: The reporting requirement covers all US accounts without a US TIN, and the notification expressly includes new accounts.
- Recurring tasks: Two conditions are annual: requesting the US TIN from account holders and searching electronically searchable data.
- Cross-references: The notification points to IRS Notice 2024-78 (Section 3.03) for the TIN request and to GDT Notification No. 14986 of 12 May 2023 for the TIN code format.
- Data fields: Reports should carry the date of birth, the correct TIN code, any FTIN held in electronic records, and city and country of residence through AddressFix.
- Retention: Records and supporting documents should be kept until the end of 2031.
- 2025 filings: Reports for 2025 that did not meet the conditions should be corrected or supplemented by 31 December 2026.
- Official contact: For questions, the GDT gives hotline 1277 (information exchange office) and the website https://fatca.gov.kh.
The GDT states that it expects the addressed institutions to comply with the notification with a high level of effectiveness.
Source: General Department of Taxation, Ministry of Economy and Finance, Notification No. 37531 dated 28 October 2026 (Khmer).
| Compliance Element | Statutory Requirement | Official Reference / Authority |
|---|---|---|
| Condition 1: Date of birth | Collect and report DOB for individual account holders and controlling persons lacking a US TIN | GDT Notification No. 37531, Condition 1 |
| Condition 2: Annual TIN request | Request US TIN annually using most suitable contact method and provide compliance info | IRS Notice 2024-78 (Section 3.03) |
| Condition 3: Electronic search | Search electronically searchable data annually for any missing US TIN | GDT Notification No. 37531, Condition 3 |
| Condition 4: TIN code format | Report prescribed TIN code format for each account without a US TIN | GDT Notification No. 14986 (12 May 2023) |
| Condition 5: Foreign TIN (FTIN) | Report foreign TIN if available in electronic data of account holder | GDT Notification No. 37531, Condition 5 |
| Condition 6: AddressFix | Report city and country of residence using AddressFix format in report | GDT Notification No. 37531, Condition 6 |
| 2025 report correction | Submit corrected or supplementary report if 2025 filing fell short | Due by 31 December 2026 |
| Document retention | Retain compliance records, including from earlier years, until end-2031 | Retention through 31 December 2031 |
How MLV Law Group can help financial institutions
MLV Law Group assists commercial banks, microfinance institutions, securities firms, insurance companies, and payment service providers in navigating complex Cambodian tax and cross-border regulatory reporting requirements. Our tax and financial regulatory team provides FATCA health checks, customer outreach protocol reviews under IRS Notice 2024-78, data remediation advisory for AddressFix and FTIN fields, and support with 2025 supplementary filings ahead of the 31 December 2026 deadline.
For advice on FATCA compliance and GDT Notification No. 37531, contact Attorney at Law Mak Dane and our practice team at legal@mlvlawgroup.com or +855 71 777 4168. Explore our related practice areas in Tax Advisory, Banking & Financial Institutions, and Tax Disputes.
Statutory Disclaimer
General information only, not legal advice. Based on General Department of Taxation Notification No. 37531 dated 28 October 2026 (Khmer) and cited IRS notices. English translations of Cambodian official notices and Prakas are unofficial unless stated otherwise; the authentic Khmer text prevails. An engagement letter is required before MLV Law Group acts on any matter.
