Category: IGA

Cayman Islands: Proactive Guidance Needed To Help Entities Meet FATCA Deadlines

The first reporting cycle for the United States Foreign Account Tax Compliance Act (FATCA) kicked off with the 31 March deadline set by the US Internal Revenue Service’s (IRS) for countries and territories such as Hong Kong that have a Model 2 Intergovernmental Agreement (IGA). Although the IRS has granted… – Continue reading

United States: Foreign Account Tax Compliance Act (“FATCA”)

FATCA refers to provisions contained in the Hiring Incentives to Restore Employment Act (the ‘HIRE’ Act) signed into law on 18 March 2010 in the United States. The main purpose of FATCA is to identify and gather information on US persons who may be evading tax through the use of… – Continue reading

New FATCA / CRS guidance: clarifications to self-certification requirements

The Australian Taxation Office (ATO) has further updated its guidance material on the Australia-US FATCA Intergovernmental Agreement (IGA). This is especially important in relation to self-certification requirements. The ATO has followed the US interpretation that a FATCA self-certification must be obtained before a new individual account is opened. The OECD… – Continue reading

Portugal – United States: FATCA Agreement Signed

On 6 August 2015, Portugal and the United States signed a Foreign Account Tax Compliance Act (FATCA) Agreement. FATCA seeks to obtain information on accounts held by U.S. taxpayers in other countries. It requires U.S. financial institutions to withhold a portion of certain payments made to Foreign Financial Institutions (FFIs)… – Continue reading

FinMin notifies rules on foreign account tax Act

India follows common approach for implementation of FATCA and CRS New Delhi, Aug 8: The Finance Ministry has come up with the rules for information reporting under the Foreign Account Tax Compliance Act (FATCA), spelling out the timelines and the entities have to comply with the new requirements. The new… – Continue reading

OECD publishes a Common Reporting Standard (CRS) Implementation Handbook

On August 7, 2015 the OECD published a Common Reporting Standard Implementation Handbook (Hereafter: the Handbook). According to the introduction included in the Handbook, the purpose of the Handbook is to assist government officials in the implementation of the Standard for the Automatic Exchange of Financial Account Information in Tax… – Continue reading

FATCA ‘versus’ IGAs

A FATCA issue that has recently bubbled up relates to the differing approach to FATCA compliance by the U.S. Treasury and the governments of some countries, notably, the United Kingdom and Canada, with respect to the self-certification requirements for new individual account openings under an Intergovernmental Agreement (IGA). Both sides… – Continue reading

FATCA reporting deadline is August 15

Financial institutions and other reporting entities have been given a deadline date of August 15, 2015, as it relates to registration with the Barbados Revenue Authority (BRA), for sending key information required under the Foreign Account Tax Compliance Act (FATCA). Representing the Barbados Revenue Authority (BRA), Dava Leslie-Ward recently pointed… – Continue reading

Two women challenge law allowing Ottawa to give info to U.S. tax collectors

Two Canadian women begin their Federal Court case in Vancouver on Tuesday, seeking to have a judge declare that Canada’s cooperation in supplying financial information to U.S. tax collectors is unconstitutional. Gwen Deegan, 53, a Toronto graphic designer, and Ginny Hillis, 68, a retired lawyer living in Windsor, were both… – Continue reading

Seychelles FATCA Reporting Portal Launched

The Seychelles Revenue Commission (SRC) has announced that the system enabling financial institutions to report information about their American clients under the United States Foreign Account Tax Compliance Act (FATCA) went live on July 31, 2015, although it is not yet possible for FIS s to upload the necessary data…. – Continue reading

FATCA: Barbados revenue authority faces tough IRS test

The Barbados Revenue Authority (BRA) was subjected to rigorous assessments by the United States Internal Revenue Service (IRS) recently in a bid to verify the island’s readiness to enact the Foreign Account Tax Compliance Act (FATCA), reports Barbados Today. Anthony Gittens, the BRA’s manager of policy and planning, said as… – Continue reading

Portugal: FATCA reporting deadline extended to 30 November

The tax authorities in Portugal today announced that the initial reporting deadline for foreign financial institutions has been extended to 30 November 2015 (from the original deadline of 31 July 2015). Also, while it has been reported that negotiations for an intergovernmental agreement (IGA) between Portugal and the United States… – Continue reading

FATCA Update: Confidentiality of Information Transmitted to IRS; Announcement of “More Favorable” IGA Terms; and More IGAs

The month of July has seen several significant developments regarding implementation of the Foreign Account Tax Compliance Act (FATCA), which has been fully effective since July 1, 2014. First, the IRS Office of Chief Counsel issued an advice memorandum regarding the applicability of the tax returns and return information confidentiality… – Continue reading

Cyprus: Filing of FATCA Nil Reports Is Not Required

The Cyprus Tax Department announced that Financial Institutions which report information to the Cyprus tax authorities under the Cyprus – United States Foreign Account Tax Compliance Act (FATCA) Agreement will not be required to file nil returns. The FATCA Agreement between Cyprus and the United States was signed on 2… – Continue reading

Global Tax Transparency: FATCA, CRS, European FATCA

Understanding FATCA and having a comprehensive FATCA compliance program is essential for financial firms to limit non-compliance risk and meet obligations with relevant IGA’s. The US has made inroads on the Exchange of Information front and tax havens like Switzerland have declared a willingness to meet or even exceed OECD… – Continue reading

Cayman Islands: Improving the Cayman Product: FATCA and the Adoption of Third Party Rights

Over the past year, a number of legislative measures have been adopted to ensure that the Cayman Islands remains the leading jurisdiction of choice for structured finance and capital markets transactions and for secured lending transactions generally. This article focuses on two recent key legislative developments. The first is the… – Continue reading

Cayman Islands: Improving the Cayman Product: FATCA and the Adoption of Third Party Rights

Over the past year, a number of legislative measures have been adopted to ensure that the Cayman Islands remains the leading jurisdiction of choice for structured finance and capital markets transactions and for secured lending transactions generally. This article focuses on two recent key legislative developments. The first is the… – Continue reading

Mauritius: FATCA Reporting Deadline Extended

The Mauritius Revenue Authority has extended the Foreign Account Tax Compliance Act (FATCA) reporting deadline to 31 August 2015. The FATCA Agreement between Mauritius and the United States was signed on 27 December 2013. FATCA seeks to obtain information on accounts held by U.S. taxpayers in other countries. It requires… – Continue reading

The Netherlands: Recent Financial, Regulatory and Legislative Developments

With the focus of 2014 being international tax competition, 2015 shows signs of continuing this trend. The European Commission (COM) and European Parliament (EP) are starting to debate and extensively investigate Member States’ tax ruling policies, partly as a result of the LuxLeaks revelations and partly in relation to the… – Continue reading

Russell Bedford Firm SMP Partners Announces Launch of FATCA and CRS Reporting Tool

London, United Kingdom, July 25, 2015 –(PR.com)– A Secure On-line Reporting System which provides a cost-effective method for financial institutions’ FATCA and Common Reporting Standard (CRS) reporting requirements has been successfully deployed. Developed by Webtech Limited in conjunction with Russell Bedford’s Isle of Man member firm SMP Partners, the solution… – Continue reading

Azerbaijan completed preparation of draft agreement with U.S. on FATCA

Baku, Fineko/abc.az. The Azerbaijan’s Ministry of Taxes pays much attention to agreements on information exchange. According to Orkhan Musayev, International Relations Department Manager at the Ministry, such agreements, the same as agreements on elimination of double taxation, are very important. “So far, the Ministry of Taxes has signed agreements on… – Continue reading

Guernsey: fund domicile

Guernsey’s growth shows no sign of abating Guernsey’s reputation as a major fund domicile continues to grow. Figures from Guernsey Finance testify to this with funds under management and administration in Guernsey standing at £218.7 billion at December 2014. These funds cover multiple asset classes and types including closed-ended and… – Continue reading

Guernsey meets the global tax challenges

The implementation of stricter taxation scrutiny globally shows no sign of abating. Nonetheless, Guernsey is well-placed to meet many of these challenges, and indeed thrive in this new world order. Guernsey has repeatedly demonstrated an ability to comply with international obligations and adapt to challenges and changing circumstances and the… – Continue reading

Lawsuit by U.S. Presidential Candidate Challenges the Constitutionality of FATCA

Senator Rand Paul, R-Ky., along with six current and former U.S. citizens living abroad, filed a lawsuit, July 14, in the U.S. District Court for the Southern District of Ohio challenging the constitutionality of the Foreign Account Tax Compliance Act (FATCA) and foreign bank account reporting (FBAR) regime. “FATCA eschews… – Continue reading

Dealing with FATCA and other problems

A business partnership claims to have successfully deployed a secure online reporting system for financial institutions grappling with the headache of FATCA and Common Reporting Standard (CRS) reporting requirements. Developed by Webtech Limited in conjunction with corporate service provider SMP Partners, the ‘solution’ is said to be designed by users… – Continue reading

Cayman Islands: Navigating The Complexities Of International Tax Compliance

Introduction Recently, the Cayman Islands Department of International Tax Compliance (DITC) notified financial institutions that in October 2015 it will be introducing local regulations to implement the OECD’s Common Reporting Standard (CRS), also commonly referred to as global FATCA or GATCA. That notice also served as a reminder that international… – Continue reading

Georgia – United States

FATCA Agreement Signed On 10 July 2015, Georgia and the United States signed a Foreign Account Tax Compliance Act (FATCA) Agreement. FATCA seeks to obtain information on accounts held by U.S. taxpayers in other countries. It requires U.S. financial institutions to withhold a portion of certain payments made to Foreign… – Continue reading

UAE: FATCA Reporting Deadline Set

The Ministry of Finance of the United Arab Emirates (UAE) announced that the Foreign Account Tax Compliance Act (FATCA) reporting deadline is set on 30 July 2015. In addition, on 6 July 2015, the Ministry of Finance issued the first set of guidance notes for implementing the FATCA Agreement. The… – Continue reading

Offshore Perspectives: News Update – Globally Combating Tax Evasion

TWO NEW SWISS BANKS REACH JUSTICE AGREEMENT On June 19th, 2015, the Department of Justice (DOJ) came to an agreement under the Swiss Bank Program with two new Swiss banks, Bank Linth LLB AG and Bank Sparhafen Zurich AG. BANK LINTH 126 U.S.-related accounts are attributed to Bank Linth Bank… – Continue reading

Georgia-US deepen ties to avoid tax evasion

Georgia and the United States (US) are deepening their bilateral relationship to improve international tax compliance and ensure all citizens pay their appropriate taxes when living abroad. Today Georgia signed an Inter-Governmental Agreement (IGA) with the US on tax compliance and mutual understanding, which encompasses implementation of the Foreign Account… – Continue reading

Italy Ratifies FATCA Agreement with US

Italy has ratified the inter-governmental agreement top facilitate compliance with the United States Foreign Account Tax Compliance Act. FATCA, enacted by the US Congress in 2010, is intended to ensure that the US obtains information on accounts held abroad at foreign financial institutions (FFIs) by US persons. Failure by an… – Continue reading

Liechtenstein FATCA Reporting Deadline Extended

The Liechtenstein tax authorities have announced that the FATCA reporting deadline in Liechtenstein has been extended to 31 July 2015 (from 30 June 2015). FATCA seeks to obtain information on accounts held by U.S. taxpayers in other countries. It requires U.S. financial institutions to withhold a portion of certain payments… – Continue reading

India likely to sign US tax compliance law FATCA on Thursday

NEW DELHI: India is likely to sign the inter-governmental pact for the US tax compliance law FATCA on Thursday, a move that will help it fight tax evasion. Foreign Account Tax Compliance Act (FATCA) is aimed at combating possible tax evasion by Americans through financial entities of other countries. The… – Continue reading

The British Virgin Islands: Jurisdiction of Choice for IBCs

The British Virgin Islands (BVI) maintains its popularity as the jurisdiction of choice for international business companies by ensuring it is at the forefront of corporate legislation and international cooperation. The popularity of BVI companies continued unabated in 2014, with incorporations of approximately 60,000 new business companies during the year;… – Continue reading

Taxpayers Still Facing Big Challenges One Year After FATCA Goes Into Effect

June 30 — Taxpayers continue to wrestle with big questions a year after the Foreign Account Tax Compliance Act opened for business. Acknowledging that the Internal Revenue Service is doing its best to implement a complex law, issues still remain as the reach of FATCA goes global, practitioners told Bloomberg… – Continue reading

Cyprus: FATCA Reporting Deadline Extended

The Cyprus Tax Authorities have announced that the FATCA reporting deadline has been extended to 31 July 2015 (from 30 June 2015). The FATCA Agreement between Cyprus and the United States was signed on 2 December 2014. FATCA seeks to obtain information on accounts held by U.S. taxpayers in other… – Continue reading

Ireland: FATCA Reporting Deadline Extended

The Irish Government announced that the FATCA reporting deadline has been extended to 31 July 2015 (from 30 June 2015) for reporting Irish financial institutions to file a FATCA return with respect to 2014. FATCA seeks to obtain information on accounts held by U.S. taxpayers in other countries. It requires… – Continue reading