Question: What factors should be applied to determine the status of an individual as a "natural person resident in the United States" for purposes of the U.S. person definition under Rule 902(k)(1)(i)?

Answer: A person who has permanent resident status in the U.S. — a so-called Green Card holder - is presumed to be a U.S. resident. Other individuals without permanent resident status may also be residents of the U.S. for purposes of these provisions. In these circumstances, an issuer must decide what criteria it will use to determine residency and apply them consistently without changing them to achieve a desired result. Examples of factors an issuer may apply include tax residency, nationality, mailing address, physical presence, the location of a significant portion of their financial and legal relationships, or immigration status. [December 8, 2016]