The following Tax practice note Produced in partnership with Tamara Box (Partner), Angelo Ciavarella (Partner), Caspar Fox (Partner), Annette Beresford (Senior Associate) and Simon Hugo (Senior Associate) of Reed Smith LLP provides comprehensive and up to date legal information covering:
FATCA is so-called because it derives from the Foreign Account Tax Compliance provisions in Subtitle A of Title V (offset Provisions) of the United States Hiring Incentives to Restore Employment Act 2010 (the HIRE Act).
The main FATCA provisions are contained in Chapter 4 of Subtitle A of the US Internal Revenue Code of 1986, as amended (the Code) and supplemented by the Final Regulations, TD 9610, TD 9657 and TD 9809 (regulations relating to information reporting by foreign financial institutions and withholding on certain payments to foreign financial institutions and other foreign entities) (the US FATCA Regulations).
The aim of FATCA is to deter and reduce tax evasion by US taxpayers using foreign (ie non-US) accounts to hide income and assets from the Internal Revenue Service (the IRS).
Broadly, FATCA requires financial institutions (FIs) (as defined by FATCA) outside the US (ie foreign financial institutions (FFIs)) to report information on their US account holders to the IRS.
If the financial institution fails to comply with the FATCA reporting requirements, it can, depending on the jurisdiction in which it is resident, be subjected to a 30% US withholding tax on certain US source income (not just the US source income attributable to its US account holders).
For more on the specific provisions of the US FATCA regime and the types of payments to which FATCA withholding is
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