Category: FATCA

Two women fighting FATCA expand lawsuit to include revenue minister as defendant

Two Canadian women mounting a legal challenge to FATCA have expanded their action to include the Minister of National Revenue as a defendant. Gwen Deegan, a graphic designer from Toronto, and Ginny Hillis, a retired lawyer from Windsor, claim the Canadian federal government doesn’t have the constitutional authority to comply… – Continue reading

Asia tipped as next target of US tax crackdown

Asian financial institutions could come under closer scrutiny by US authorities that are seeking to expand a probe into offshore tax avoidance activities across more jurisdictions, according to consultancy firm AlixPartners. The US government has stepped up efforts to counter tax evasion activities by its citizens in recent years. Last… – Continue reading

When FATCA Meets FIRPTA: Some Preliminary Comments

In view of the frenzy in the profession over compliance with the new FATCA rules, it seems appropriate to take an overview of how FATCA applies to a major source of inbound investment by foreign individuals – “FIRPTA” investments in U.S. real property. This commentary considers the extent to which… – Continue reading

US delegation calls for repeal of FATCA

(CS) As part of a European tour organised by Republicans Overseas, US Senator Mike Lee on Tuesday visited Luxembourg to rally support for the repeal of the Foreign Account Tax Compliance Act, more commonly known as FATCA. Luxembourg and the US signed FATCA as an inter-governmental agreement in March this… – Continue reading

IRS Warns Foreign Banks of a New Online Scam Related to FATCA

Accountingweb.com reported on 24th September, 2014 quoting a fraud alert of the tax agency as “Scammers are posing as IRS and are trying to solicit foreign financial organizations for account-holder identity and financial account details under the Foreign Account Tax Compliance Act (FATCA).” IRS says that these illegal solicitations are… – Continue reading

United States: International Tax Alert – FATCA – Fund Managers: Be Aware Of Upcoming Deadlines

Fund managers the world over are facing the reality of the U.S. Foreign Account Tax Compliance Act (“FATCA”), encountering requests from U.S. withholding agents for FATCA documentation from funds and inquiries from potential investors regarding the status of FATCA compliance. A fund manager, tasked with assessing the FATCA status and… – Continue reading

Tax shelter shake-up hits home

A federal crackdown and a new act make life tougher for lawyers and accountants. Criminal tax attorney Robert Fink views the conviction and sentencing of his client Dr. Michael Canale—on tax fraud charges in New York state federal court in 2012—as representative of everything that’s wrong with the government crackdown… – Continue reading

United States and Brazil Sign FATCA Intergovernmental Agreement

The United States and Brazil have signed a “Model 1” intergovernmental agreement (“IGA”) with respect to the US Foreign Account Tax Compliance Act (“FATCA”). The Brazilian IGA is intended to simplify FATCA information reporting and reduce compliance burdens for Brazilian financial institutions.

Hiding Assets Under Pet Names Looks Willful, Even For Lionel Messi With 400 Goals

There is nothing illegal about tax planning. Yet some things are legal while others are not, and the lines can sometimes get fuzzy. Add to that the fact that some people go to extraordinary lengths to avoid paying taxes, and it can be a recipe for disaster. Increasingly, if you… – Continue reading

IRS scam targets financial professionals, too

Now some in the financial services industry, as well as some consumers, are being warned that they could get a call one day from a fake IRS agent seeking bank account information. We’ve heard about the con artists who pretend to be from the Internal Revenue Service and demand immediate… – Continue reading

‘I was terrified we’d lose all our money’: banks tell US customers they won’t work with Americans

Thousands of Americans abroad are giving up their citizenship as the implementation of a complex new tax law causes banks to shut down accounts for US expatriates Angry Canadians are rare. But Patricia Moon qualifies. Until 2012, Moon was actually an American – albeit one who had lived in Canada… – Continue reading

British Virgin Islands: BVI US And UK FATCA Implementation – Entity Classification And Registration

On 30 June 2014, the British Virgin Islands (“BVI“) government signed a Model 1B (i.e. non-reciprocal) intergovernmental agreement with the United States (the “US IGA“).  The US IGA provides a framework for the implementation of the US Foreign Account Tax Compliance Act (“FATCA“) in the BVI.  The BVI government had,… – Continue reading

NZ banks baulking at global FATCA style initiative to combat tax evasion; Lobby group says the later we adopt it the better

All is likely to be revealed on whether New Zealand will be an early adopter of the multilateral follow up to the controversial United States Foreign Account Tax Compliance Act (FATCA) in November, with late adoption something that would please the local banking sector. Either way it’s a question of… – Continue reading

Canada: FATCA Is Not Your Enemy

Over the past six years, the United States has become increasingly concerned that Americans are stashing money offshore, essentially evading U.S. tax. The IRS has increased filing requirements around foreign assets through the Foreign Account Tax Compliance Act (FATCA), which requires financial institutions around the world to report activities of… – Continue reading

Canada: Appeal Filed With The Federal Court Of Canada Seeking A Declaration That FATCA Is Unconstitutional And Should Not Be Enforced In Canada

On Monday the 11th of August, an appeal was filed with the Federal Court of Canada in Vancouver seeking a declaration that the enforcement by the Canadian Government of the United States’ Foreign Account Tax Compliance Act (“FATCA”) on Canadian soil is unconstitutional. Under FATCA financial institutions enter into an… – Continue reading

Foreign Account Tax Compliance Act (FATCA) for Private Funds: Key Considerations

Although the Foreign Account Tax Compliance Act (FATCA) went “live” July 1, 2014, guidance continues to fall into place. On July 16, the IRS issued instructions for the requester of various Forms W-8 and continues to update its FAQ website. The Cayman Islands Tax Information Authorityissued regulations effective July 4, 2014 addressing the… – Continue reading

FATCA in Europe: understanding grandfathering

Withholding on US source income under FATCA started on 1 July 2014.  The withholding will apply to gross “proceeds of sale” of securities bearing US source income (which includes repayment of principal on a loan to a US borrower) and, potentially, to “foreign passthru payments” from January 2017. Now that… – Continue reading

FATCA responsible officer function obsolete for Cayman funds

Outsourcing the responsible officer (RO) function under the Foreign Account Tax Compliance Act (FATCA) offers limited value to Cayman-Islands’ domiciled fund managers.The Model one Intergovernmental Agreement (IGA) between the Cayman Islands and the US does not stipulate that a responsible officer is required. The responsible officer title is a feature… – Continue reading

More firms signing up with IRS

EVEN MORE Philippine companies have complied with a US tax law since a July 1 deadline, after which foreign financial institutions (FFIs) not yet registered with the US Internal Revenue Service (IRS) faced penalties. A list published by the IRS earlier this month showed that a total of 197 Philippine-based… – Continue reading

UBS Appeals $1.4 Billion Bail in French Tax Evasion Probe

UBS AG (UBSN) asked a Paris appeals court to overturn a $1.4 billion bail looming over the Swiss bank as France steps up a two-year-old tax evasion probe. The hearing dragged on for nearly three hours as the parties argued the case. The court said it would decide on the… – Continue reading

Organisation for Economic Co-operation and Development (OECD) Publishes its Standards for the Automatic Exchange of Information

On July 21, the Organisation for Economic Co-operation and Development (OECD) published its Standard for Automatic Exchange of Financial Account Information in Tax Matters. The report contains the OECD’s model competent authority agreement (CAA), the common standard on reporting and due diligence for financial account information (CRS) and commentaries on both the CAA and CRS.The… – Continue reading

Millions of Americans in Canada downplay links to Uncle Sam

With the Canadian government’s decision to comply in July with a Washington tax crackdown on “U.S. persons” around the world, many Ameri-Canadians are feeling rising anger, fear and even hatred toward their powerful country of origin. That said, the self-identities of Americans in Canada have been more ambiguous than they… – Continue reading

Fund houses start due diligence of foreign investors

Fund houses have started asking foreign investors and distributors to furnish necessary details to comply with Foreign Account Tax Compliance Act (FATCA). Fund houses have started collecting necessary information from foreign investors about their tax residency status in order to comply with the requirement of Foreign Account Tax Compliance Act… – Continue reading

India Eyes Tax On £350 Billion Cash Hidden Offshore

The Indian government’s bid to unearth black money stashed away in hidden offshore accounts is starting to pay off. The government believes around £350 billion is hidden in undeclared bank accounts and investments outside the country and wants to bring the tax owed on the money back to India. Nine… – Continue reading

US finished FATCA regime use consulting in Baku

Baku, Fineko/abc.az. The U.S. Internal Revenue Service has conducted consultations in Baku on the application of FATCA (Foreign Account Tax Compliance Act). The Azerbaijani Ministry of Taxes informs that Service’s representatives were received by Deputy Taxes Minister Natig Amirov. “Consultations concerned the issues of information security in the process of… – Continue reading

Ex-Ag: ‘We’re Up To’ Coping With Automatic Tax Information

An ex-Attorney General believes the financial services industry will survive even if the automatic exchange of tax information becomes the global standard, warning that this nation “can’t stand apart” from the initiative. #John Delaney, now managing partner at Delaney Partners, said the Bahamas’ resilience in withstanding previous global tax/regulatory initiatives… – Continue reading

More Swiss Banks Give Eric Holder One-Finger Salute

More Swiss banks are dropping out of the U.S. banking program that the IRS supposedly uses to prevent American citizens from stashing cash overseas to avoid taxes. Known for 100 years as the original tax haven, free from the prying eyes of governments around the world, Swiss banks have provided… – Continue reading

The cost of cutting ties with Uncle Sam soar: Tim Harper

Americans living in Canada are in a rush to renounce their citizenship in the face of Washington’s invasive tax grab. OTTAWA – Thomas Jefferson is famously believed to have defined the price of freedom as eternal vigilance. The price of freedom from Uncle Sam is a lot steeper. Faced with… – Continue reading

U.S. Fee to Drop Citizenship Is Raised Fivefold

The fee for individuals to renounce U.S. citizenship is jumping to $2,350 as of Sept. 12—more than five times the current charge of $450. The U.S. State Department, in its explanation for the increase, said that documenting a renunciation is “extremely costly” and requires a minimum of two intensive interviews with… – Continue reading

Facing up to Fatca

This article was first published in the 2nd quarter 2014 edition of Personal Finance magazine. Most people accept that they have to pay taxes in their country of residence. But citizens of the United States and green card holders who live outside that country – even if they have never… – Continue reading

European states may bring in their own version of FATCA

BEIRUT: Some bankers have said that European states are expected to follow the example of the United States and ask their citizens abroad to disclose their bank accounts to European financial authorities in a bid to combat tax evasion. “It’s not official yet but we expect some European countries to adopt similar… – Continue reading