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ARTICLE · 21 MARCH 2013

FATCA, the Foreign Account Tax Compliance Act

What is The Foreign Account Tax Compliance Act (FATCA)?

JerseyWealth Management
Louisa Lempriere
Louisa Lempriere

What is The Foreign Account Tax Compliance Act (FATCA)?

FATCA, which is US legislation, is the latest in a number of measures being introduced around the world taking a more draconian view on matters of tax compliance and regulation.

FATCA is extremely wide reaching and is designed to ensure that the US Internal Revenue Service (IRS) is able to catch all overseas income and gains that should be liable to US taxation.

What does FATCA do?

At this stage, the US authorities have only issued guidelines but it is expected that these will remain largely unchanged.

Under the guidelines, all payments of US source income and capital to Foreign Financial Institutions (FFIs) and Non Financial Foreign Entities (NFFE) will be subject to a withholding tax (WHT) penalty of 30 per cent unless the institution or entity concerned has entered into an agreement with the IRS.

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