Category: FATCA

Expatriate Tax Sense or Broad-Brush Overreach: The U.S. Foreign Account Tax Compliance Act (FATCA)

An effort to control tax havens for those hiding their assets overseas has resulted in broad brush impacts on hard-working expatriate Americans living and working out of country. The previously delayed Foreign Account Tax Compliance Act (FATCA) is now in full swing effective July 1, 2014. In an attempt to close a… – Continue reading

Lichtenstein-based VP Bank pulls Swiss arm out of United States programme on tax evasion

VP Bank said it had now concluded that it no longer needed to take part in the programme. “Thorough internal investigations and external expert opinions showed that the conditions for continued participation did not exist,” the Liechtenstein-based bank said in a statement accompanying its half-year results. “VP Bank therefore withdrew… – Continue reading

United States: FATCA’s Impact On Preparing Trusts With Offshore Business or Investment Activities

The Foreign Account Tax Compliance Act (FATCA) was enacted into law as part of the Hiring Incentives to Restore Employment (HIRE) Act of 2010. Its purpose was designed to prevent U.S. taxpayers from “hiding” under the cover of a foreign based entity or trust in evading U.S. income tax and… – Continue reading

95,000 Financial Institutions Enlist For FATCA

More than 95,000 financial institutions are listed on the latest Foreign Account Tax Compliance Act (FATCA) list published by the Internal Revenue Service (IRS). With the publication of the third list on August 1, 2014, the number of financial institutions listed has mushroomed from 77,000 to 95,238 in just four weeks. The… – Continue reading

United States: FATCA’s Impact On Preparing Trusts With Offshore Business or Investment Activities

The Foreign Account Tax Compliance Act (FATCA) was enacted into law as part of the Hiring Incentives to Restore Employment (HIRE) Act of 2010. Its purpose was designed to prevent U.S. taxpayers from “hiding” under the cover of a foreign based entity or trust in evading U.S. income tax and… – Continue reading

Whopper? Microsoft Skirts Billions In Taxes, Google, HP & Apple Have It Their Way Too

With all the talk about inversions and America’s Burger King Going Canadian, it’s easy to ignore even more prevalent tax savings by numerous American companies. Take Microsoft, which admits in its 2014 SEC filing that it avoids $30 billion in U.S. taxes. The trick? Keep about triple that amount, $93… – Continue reading

101 Countries Sign Up For FATCA Network

Foreign Account Tax Compliance Act (FATCA) has been in force for a month and still more countries are joining the tax network. So far, 101 countries and financial jurisdictions have either signed or agreed to join FATCA. FATCA is aimed at identifying US taxpayers with offshore bank accounts and investments. Overseas… – Continue reading

FATCA Alert: IRS Issues Final Version of the Form W-8BEN-E and Accompanying Instructions

On June 25, 2014, the IRS finally issued the instructions to the new version of Form W-8BEN-E, an 8-page withholding certificate to be completed by foreign entities. Previously, foreign individuals and most foreign entities would provide a one-page Form W-8BEN to withholding agents to certify the foreign entity’s entity classification… – Continue reading

The implications of FATCA in South Africa

The Foreign Account Tax Compliance Act (FATCA) was enacted in 2010 by the US to target non-compliance by US taxpayers using foreign accounts. FATCA essentially requires foreign financial institutions to report information about financial accounts held by US taxpayers, or by foreign entities in which such taxpayers hold a substantial… – Continue reading

Serbia To Protect Taxpayers’ Rights Under FATCA

Serbia’s Information Commissioner has warned that banks must have the full consent of customers before information is passed to US tax authorities under the terms of FATCA, and that it would be illegal for customers to be declined services if they refuse to give consent. The comments were made by… – Continue reading

10 Facts About FATCA, America’s Manifest Destiny Law Changing Banking Worldwide

Never heard of FATCA? You will. FATCA—the Foreign Account Tax Compliance Act—is America’s global tax law. It was quietly enacted in 2010, and after a four-year ramp up, it’s finally in effect. What is most amazing is not its impact on Americans—although that is considerable—but its impact on the world…. – Continue reading

Wolters Kluwer Financial Services Identifies Data Collection and Reporting Requirements to Assist with FATCA Compliance

U.S.-China Agreement Requires Financial Institutions to  Increase Transparency and Enhance Reporting  Wolters Kluwer Financial Services recommends that financial institutions in China should take steps toward enhancing their data and reporting capabilities on financial accounts held by U.S. taxpayers in China as part of the Foreign Account Tax Compliance Act. This recommendation… – Continue reading

Benefits of Liechtenstein Disclosure Facility (LDF) to be restricted, says HMRC

HM Revenue & Customs (HMRC) has announced changes to the terms of the Liechtenstein Disclosure Facility (LDF), restricting the most favourable treatment to new tax irregularities with a “significant” offshore connection. Tax Disputes and Investigations Tax Private wealth tax Reg Day, a tax expert at Pinsent Masons, the law firm… – Continue reading

COMMENT: THE FUTURE FOR OFFSHORE

Since the global financial crisis struck in 2008, offshore financial centres (OFCs) have come under sustained attack. As the world’s leading economies struggled to balance their books in the face of massive declines in tax revenue, the lowest fruit was seen to be hanging from the offshore tree. Estimates of… – Continue reading

Canadians File Suit To Block FATCA And Prohibit Handover Of U.S. Names To IRS

A lawsuit has been filed by several Canadian citizens against the Canadian Attorney General in Federal Court in Canada. The legal claim challenges the constitutionality of the agreement the Canadian government struck with the United States. The controversial deal between nations was inked under FATCA—the Foreign Account Tax Compliance Act…. – Continue reading

IRS Updates FATCA Withholding Agreements for Foreign Partnerships and Trusts

The Internal Revenue Service has updated the Withholding Foreign Partnership and Withholding Foreign Trust agreements as part of the process of implementing the Foreign Account Tax Compliance Act, or FATCA. FATCA, which was included as part of the HIRE Act of 2010, requires foreign financial institutions to report on the… – Continue reading

Gibraltar must prepare for FATCA or risk facing consequences

Gibraltar’s financial community must immediately prepare itself for FATCA or it risks getting caught up in the legislation’s strict international net, says an authority from the jurisdiction. Helvetic, a fund adminstrator based in the British overseas territory, says many financial institutions in the area are underestimating the compliance costs of… – Continue reading

FATCA 2 Ready In Global Crackdown On Tax Cheats

A new global standard for governments to crack down on tax evasion has been released by the Organisation of Economic Cooperation and Development (OECD). Almost 70 countries have already signed up to the charter, which will roll out a US style Foreign Account Tax Compliance Act (FATCA) law globally. FATCA… – Continue reading

Germany Brings FATCA Law Into Force

Germany’s Ministry of Finance announced that a law enabling the implementation of the United States’ Foreign Account Tax Compliance Act (FATCA) has come into force. The ministry said that the FATCA-USA Implementation Regulation, known in German as FATCA-USA-Umsetzungsverordnung or FATCA-USA-UmsV, entered into force on July 23, 2014. Germany signed the… – Continue reading

British Virgin Islands: The Impact Of FATCA On British Virgin Islands Funds

In March 2014, the British Virgin Islands Government announced that it had concluded negotiations with the US with respect to a Model 1B Intergovernmental Agreement with the United States (the IGA). The IGA (which was eventually signed on 30 June 2014) provides the framework for the implementation of the US Foreign… – Continue reading

United States: FATCA Implications For Offshore Investment Funds And Their US Investment Managers

FATCA Background The Foreign Account Tax Compliance Act (“FATCA”) was enacted in response to concerns that US taxpayers were avoiding US tax by using offshore financial institutions to hide assets and avoid reporting income.  Generally, FATCA imposes due diligence, information reporting and withholding obligations on non-US financial institutions (“FFIs”) and… – Continue reading

TIPS FOR BEING FATCA COMPLIANT

This June the IRS modified its offshore disclosure programs to encourage U.S. citizens to come forward and report their assets and mitigate risk of penalty or prosecution. To help your clients avoid running afoul of FATCA, a bulletin from PwC advises them to: Determine citizenship. In some cases, non-resident Americans are… – Continue reading

YOUR TAXES: What you need to know about the US-Israel FATCA agreement

On June 30, the United States and Israel signed an intergovernmental agreement (IGA) regarding FAT CA. FAT CA became effective in the US and other countries on July 1 and will officially take effect in Israel once the Knesset passes enabling legislation. But the Bank of Israel has already instructed… – Continue reading

Alter Domus Improves Client On-boarding with Adoption of Thomson Reuters FATCA Solution

lter Domus Improves Client On-boarding with Adoption of Thomson Reuters FATCA Solution Thomson Reuters FATCA solution helps Alter Domus clients comply with regulatory requirements and provides competitive advantage NEW YORK/LUXEMBOURG, July 21, 2014 – Thomson Reuters, the world’s leading source of intelligent information for businesses and professionals, today announced that… – Continue reading

Local brokers, save for a few brave souls, escape Uncle Sam’s tax-reporting embrace

InterAksyon.com means BUSINESS Majority of the local stock brokerages have remained outside the US-mandated reportorial compliance among foreign financial institutions, a worldwide campaign designed to flush out hidden overseas wealth and minimize tax abuse among Americans and green card holders through offshore accounts. A total of 178 Philippine-based financial firms,… – Continue reading

Isle of Man: FATCA Update

Two important dates have now passed in relation to Foreign Account Tax Compliance Act (“FATCA“) – 30 June 2014 when Financial Institutions were required to capture details of their existing customers for remediation purposes and 1 July 2014 when Financial Institutions were required to have procedures in place which would… – Continue reading

Many expats weigh giving up US citizenship

Fallout from the Foreign Account Tax Compliance Act Almost 80 percent of Americans living abroad are considering relinquishing their U.S. citizenship to escape the consequences of the Foreign Account Tax Compliance Act, according to deVere Group. That represents an increase of 11 points since last year. The Foreign Account Tax… – Continue reading

Tax chief clarifies FATCA reporting

FIRMS STILL HAVE to report transactions with US citizens to the Bureau of Internal Revenue (BIR) despite registering with the Internal Revenue Service (IRS), a government official said. BIR Commissioner Kim S. Jacinto-Henares said that while many local firms had committed to supply data to the IRS to comply with… – Continue reading

FATCA Poses Grave Danger for Human Rights Activists

BEIJING: China and the United States of America have recently signed the Federal Account Tax Compliant Act (FATCA), which requires the Internal Revenues Service (IRS) to disclose to China, the bank account information of Chinese-born pro-democracy activists, who fled their homeland to live in America. According to Forbes, “One of the most insidious… – Continue reading

China Agrees To Join FATCA At The Last Minute

The start of tax information reporting between the US and foreign governments and financial institutions under Foreign Account Tax Compliance Act (FATCA) from July 1, 2014 triggered a rush of nations joining the network at the eleventh hour. The major surprise for FATCA watchers was China agreeing ‘in substance’ to… – Continue reading

IRS Releases Long-Awaited Instructions to FATCA Form

Foreign entities use this to document their status On June 25, 2014, the Internal Revenue Service released long-awaited instructions to Form W-8BEN-E, used by foreign entities to document their status under both chapter 3 and chapter 4 (the Foreign Account Tax Compliance Act (FATCA)) of the Internal Revenue Code. The… – Continue reading