In 2010, the U.S. government enacted the Foreign Account Tax Compliance Act (FATCA) with the goal of diminishing tax evasion, FATCA requires foreign financial institutions (FFIs) and individuals to report any financial accounts held by Americans to the U.S. Internal Revenue Service (IRS). Because of this, according to a recent Forbes.com story, FATCA is influencing how governments around the world share tax information.
This is already creating consternation. Banking institutions, for example must find a way to classify preexisting and new customers to meet this requirement. There is a lot of confusion about what is to be reported. There are different rules for new accounts, for “recalcitrant” accounts (naughty accounts) and for pre-existing accounts. The deadline for FFIs to finalize the registration of these foreign accounts owned by Americans in the IRS Registration Portal has been delayed from the initial statutory date of January 1, 2014 to July 1, 2014.
This gives banks a bit more time to figure out a strategy for this compliance. While it sounds like an easy process, classifying this information is a bit more complicated than one might think – it can be a time-consuming, costly process that may require extensive manual labor. And to comply on an on-going basis, it makes sense for banks to find a way to modify their systems so there is an automated classification and reporting process permanently in place.
In 2010 the Internal Revenue Services (IRS) announced it would soon start taking measures in an attempt to tackle tax evasion. Other than the voluntary commitment of US residents to report income on foreign accounts to the service, it urged Foreign Financial Institutions (FFI) to report details of such accounts to the IRS. Nearly three years of negotiation, regulation, and time framing followed, with a final regulation and timeline formed in October last year. According to these agreements, FFIs are subjected from July 1, 2014 to due diligence of all accounts except grandfathered accounts. From March 15, detailed reporting of accounts is required. Grandfathered accounts are obligations that are outstanding on January 1, 2014.
Transactions made by US citizens from January 1, 2014, are fully monitored, the UAE Central Bank has agreed to adopt the Model 1 IGA, an agreement stating that all financial institutions in the UAE will answer to the FATCA request of sharing information about any US accounts, assets, or transactions channelled through. A US citizen living outside the US must file the FATCA Form 8938 if he or she holds or has signatory control over funds in FFIs totaling $200,000 in aggregate at the end of the year or $300,000 in aggregate at any time during the year. The thresholds for couples filing jointly are $400,000 and $600,000, respectively. There are severe penalties for under-reporting income in any FFI. The thresholds for US-based citizens are much lower and US residents with signature power over jointly held overseas accounts may have to report even though the overseas citizen may not.
If an FFI has not registered as intending to become compliant or has a national agreement (IGA) in place ‘withholding’ will have already started. In the case of the banks in the UAE, this agreement has been made, and thus withholding should be already in place. However, due diligence on all accounts will begin on this date. All pre-existing accounts will have to be identified with basic information as per 1 July 2014. Basic information includes name, social security number/TIN, address, account number, current value etc. The requirement is more than just reporting the accounts that the FFI know as being linked to US ‘persons’ – the FFI also has to do a manual search of all their files where the account has a value of $1,000,000 or more to check if there are links to the US. If the FFI has not complied by this date then they will suffer withholding tax of 30 per cent,
FFIs over the next couple of months will be registering the data required. The FATCA registration website opened on January 1, 2014. Note that the information reported must be backdated to include information relating to the year 2014, and therefore January 1, 2014, was a very important date.
Annual reporting by PFFIs is to be phased in starting in 2015 (with respect to information related to the 2014 calendar year), with reporting of the full scope of FATCA information required no later than March, 2017, states the IRS. The information reporting will have to include full details of the accounts, such as the underlying investments of funds, all transactions, interest earned etc. The phasing in starts with “recalcitrant” (known or suspected offenders) accounts, large value accounts, pre-existing accounts and works its way down to the mass volume accounts with smaller sums.
It is important to note that by July 1, 2014, or sooner banks may adopt new rules regarding the opening of new accounts with US-linked transactions.
Needless to say not everyone is happy about this – this post gives some reasons why!
http://1389blog.com/2014/01/26/why-republicans-are-right-to-support-repeal-of-fatca/