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ARTICLE · 06 MAY 2025

How "FATCA", A US Law, Impacts Vietnamese Fund Managers

Can a Vietnamese entity operating wholly in Vietnam be subject to US tax liability and to US penalties?

VietnamFinance and Banking

Introduction

Can a Vietnamese entity operating wholly in Vietnam be subject to US tax liability and to US penalties? The answer is, yes. Some of the exposed entities are securities firms, exchange traded funds, fund management companies and commercial banks. There are others.

The Foreign Account Tax Compliance Act ("FATCA") was enacted in 2010 to prevent US

taxpayers and US corporations from evading US taxes by investing their money through foreign financial institutions ("FFIs"). FATCA requires FFIs to disclose account information of US individuals, US corporations, and other foreign legal entities controlled by US individuals to the US Internal Revenue Service ("IRS").

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