Swiss Amercian Chamber of Commerce

Similar documents
Foreign Account Tax Compliance Act FATCA

A closer look at the final regulations and the path forward

FATCA:INVESTMENT REPORTING AND IMPLICATIONS FOR CARIBBEAN FINANCIAL INSTITUTIONS

FATCA What is the impact to you?

Breakout Session 4 Private Trusts

Bank Depository User Group Annual Meeting Foreign Account Tax Compliance Act (FATCA)

Sight FATCA. line of. Frequently asked questions. table of contents. November 2, 2012

FATCA UPDATE FOR U.S. INVESTMENT FUNDS (AND THEIR ADVISORS) ABA JOINT FALL CLE MEETING SECTION ON TAXATION INVESTMENT MANAGEMENT COMMITTEE

Glossary. Canadian Financial Institution

THE FATCA PROPOSED REGULATIONS: THE U.S. TREASURY DEPARTMENT STRIVES TO MAKE COMPLIANCE MORE USER FRIENDLY

Abuse that Spawned FATCA

FATCA Update and its Global Reach

Introduction to FATCA. Introduction to FATCA

The Foreign Account and Tax Compliance Act (FATCA)

FATCA and your business. Foreign Account Tax Compliance Act January 2012

Introduction to FATCA (Foreign Account Tax Compliance Act) Introduction to FATCA

IRS Provides Further Guidance for Foreign Accounts Reporting.

RE: Comments by the Japanese Bankers Association to REG

The Final FATCA Regulations Are Out What Does It Mean for the Swiss Economy

Manal Corwin International Tax Counsel United States Department of the Treasury 1500 Pennsylvania Ave. NW

FATCA Frequently Asked Questions (FAQs) Closing the distance

FATCA the final countdown

-Rohit Johri

SELECTED FATCA ISSUES

How Thai Financial Institutions are Preparing for FATCA s 31 Dec Deadline

FATCA s impact on the asset management industry

Roundtable Discussion Foreign Account Tax Compliance Act (FATCA) Andrew Mitchel, Bob Rinninsland, Stan Ruchelman

FATCA-QIA INTERACTION

US Treasury Department and Internal Revenue Service Issue Supplementary FATCA Guidance

FATCA self-certification form

Automatic Exchange of Information (AEOI) FATCA and CRS Explanatory Notes

Key provisions of FATCA proposed regulations. Anastasia Urias Senior Manager

FATCA: An Update for STEP

Supplemental Notice Provides Additional Guidance on the Information Reporting and Withholding Rules for Foreign Financial Institutions

Internal Revenue Code Section 1471 Withholdable payments to foreign financial institutions

Foreign Account Tax Compliance Act Steps to Compliance

Webinar: Foreign Account Tax Compliance Act

The tax provisions introduced in the Foreign Account IMPACT OF FATCA ON FOREIGN FUNDS SPOTLIGHT ON

KPMG TaxWatch Webcast: Final FATCA Regulations The Compliance Challenge Is On

Tax Management International Journal

IMPLICATIONS OF FATCA FOR CAYMAN ISLANDS ENTITIES

FATCA The trigger for international tax compliance?

FATCA: Developments & Perspective

FOREIGN ACCOUNT TAX COMPLIANCE ACT (FATCA) PROVISIONS AND COMPLIANCE WITH REPORT OF FOREIGN BANK AND FINANCIAL ACCOUNTS (FBAR) REQUIREMENTS

Withholding Certificates and Self-Certifications under FATCA

Foreign Account Tax Compliance Act (FATCA)

FATCA FAQ. 15. W ho are Pre-existing account holders? Account holders that became customers of the FFI before July 1, 2014.

FATCA Regulatory Timelines

MAKING SENSE OUT OF FATCA

Implications of Foreign Account Tax Compliance Act (FATCA)

On March 18, 2010, the Hiring Incentives to Restore Employment Act of 2010,

PwC Alert. Foreign Account Tax Compliance Act (FATCA) The US federal law affecting local financial institutions

FATCA How It Impacts Technology & Operations. 3 May 2012

FOREIGN ACCOUNT TAX COMPLIANCE ACT: FINAL REGULATIONS AND CURRENT DEVELOPMENTS

US FATCA and Its Impact on Retirement Funds. David W. Powell Principal Groom Law Group, Washington, DC

What Impact Will FATCA Have on Offshore Hedge Funds and How Should Such Funds Prepare for FATCA Compliance?

FATCA: Impact on Cayman Islands Entities

FATCA Certifications and Notice

FATCA: THE 2014 HORIZON

April 4, The Honorable Douglas H. Shulman Commissioner Internal Revenue Service 1111 Constitution Ave., NW Washington, DC 20224

Evolution of FATCA: How We Got Here and Where Are We Going?

IRS Releases Preliminary Guidance on the FATCA Provisions of the HIRE Act

W8-BEN-E Definitions and Validation Instructions

Who Must Provide Form W-8BEN-E

FATCA - The New UK Landscape

Global IRW Newsbrief Information reporting and withholding (IRW)

The impact of FATCA on the insurance industry

(Rev. June 2017) General Instructions. Purpose of Form. What s New

Newgen Solution for FATCA compliance. Built-on Dynamic Rules Driven BPM Suite

Foreign Account Tax Compliance Act (FATCA)

Taking control of FATCA Building effective internal controls and certifying compliance

IMAS 7 December FATCA New definitions New classifications New rules New ideas

OBAMA'S HIRE ACT -- EXPLAINING THE TAX PROVISIONS

ABA Tax Section May Meeting, Washington, DC May 6, 2011

Tax Year 2016 Form 1042-S FAQs

AGREEMENT BETWEEN THE KINGDOM OF THE NETHERLANDS AND THE UNITED STATES OF AMERICA TO IMPROVE INTERNATIONAL TAX COMPLIANCE AND TO IMPLEMENT FATCA

THE U.S./U.K. INTERGOVERNMENTAL AGREEMENT AND ITS IMPLEMENTATION *,**

FATCA : Essentials and deadlines Overview of the main provisions and the key dates of the FATCA regulations

Information reporting and withholding: the impact of Foreign Account Tax Compliance Act (FATCA) on multinational organizations.

Oracle Financial Services FATCA Management Assessment Guide. Release 2.0 August 2014

FATCA Service Offerings

1. What is FATCA? 2. What is CRS? 3. What is the impact of FATCA & CRS? 4. Who will be covered under the purview of FATCA & CRS?

New Withholding Tax, Ban on Bearer Bonds, and Withholding on Dividend Equivalents

AML/KYC Requirements as they Arise in the Context of FATCA Compliance

FATCA as applied to investment funds: suggested fund agreement provisions

(To be completed by customers of Clearstream Banking AG)

FATCA explanatory booklet for Entities Self-Declaration forms

Foreign Withholding Rules & FATCA

Impact of FATCA on Cayman Islands Entities

FATCA Updates and Reminders for Indonesian Financial Institutions: February 2015

Tax Year 2017 Form 1042-S FAQs

Instructions to the Entity Self Certification Form

Final Guidance Notes on the administration of the US-UK Intergovernmental Agreement (IGA) issued by HMRC

Foreign Account Tax Compliance Provisions Have Far-Reaching Effect

U.S. Tax and Estate Law Impacting Canadian Clients. March 6, 2013

FATCA for Trusts and Trustees

FATCA Impact of FATCA and the planned Intergovernmental Agreement on the Private Banking sector in Luxembourg Private Banker Luxembourg 14 March 2013

U.S. tax authorities issue guidance on foreign account tax compliance

Instructions for Form W-8BEN-E (Rev. July 2017)

FATCA: Impact on Mauritius Entities

Transcription:

US Clients and US Securities - No more? FATCA, Voluntary Disclosure, Estate Tax, Regulatory Requirements and more Swiss Amercian Chamber of Commerce 20 April 2011

FATCA in a Museum of Art? 20 April 2011 Page 2 Swiss-American Chamber of Commerce

a closer look reveals: there is a lot of art in FATCA 20 April 2011 Page 3 Swiss-American Chamber of Commerce

What disturbs the U.S.? 20 April 2011 Page 4 Swiss-American Chamber of Commerce

What the QI regime does not cover at the moment... U.S. Person Non-U.S. Person "Non-U.S." entity with U.S. ownership U.S. Securities W-9 1099 reporting QI non designated Double tax treaty access through pooling Treatment in line with Non-U.S. person "Non-U.S." Securities Currently out of scope Currently out of scope Currently out of scope 20 April 2011 Page 5 Swiss-American Chamber of Commerce

but the IRS would want to have in scope U.S. Person Non-U.S. Person "Non-U.S." entity with U.S. ownership U.S. Securities W-9 1099 reporting QI non designated Double tax treaty access through pooling In scope of FATCA "Non-U.S." Securities In scope of FATCA Currently out of scope In scope of FATCA 20 April 2011 Page 6 Swiss-American Chamber of Commerce

Four basic steps under FATCA (I) Identification of U.S. accounts (IV) Penalties for non-participating FFIs and recalcitrant account holders (III) Annual reporting to the IRS (II) Obtain Waiver from U.S. client (II)a Terminate client relationship with recalcitrant clients 20 April 2011 Page 7 Swiss-American Chamber of Commerce

Client identification (I) Identification of U.S. accounts (IV) Penalties for non-participating FFIs and recalcitrant account holders (III) Annual reporting to the IRS (II) Obtain Waiver from U.S. client (II)a Terminate client relationship with recalcitrant U.S. clients 20 April 2011 Page 8 Swiss-American Chamber of Commerce

Client identification Identifying all "financial accounts" Depositary account maintained by an FFI (de minimis US$50 k) Custodial account maintained by an FFI Equity or debt interest in an FFI (other than regularly traded on an established securities market) 20 April 2011 Page 9 Swiss-American Chamber of Commerce

Notice 2011-34 Pre-existing individual accounts 1. Documented U.S. accounts (unless <$50 k depositary a/c) 2. Small accounts (<$50 k) 4. Accounts with U.S. Indicia 3. Private Banking accounts 5. Accounts of US$ 500,000 or more 20 April 2011 Page 10 Swiss-American Chamber of Commerce

Notice 2011-34 Pre-existing individual accounts 1. Documented U.S. accounts (unless <$50 k depositary a/c) 1. Documented U.S. accounts (unless <$50 k depositary a/c) 2. Small accounts (<$50 k) 4. Accounts with U.S. Indicia PFFI to continue to treat accounts as U.S. accounts 3. Private Banking accounts 5. Accounts of US$ 500,000 or more unless small depositary account option (less than US$50,000) 20 April 2011 Page 11 Swiss-American Chamber of Commerce

Notice 2011-34 Pre-existing individual accounts 2. Small accounts (<$50k) 1. Documented U.S. accounts (unless <$50 k depositary a/c) 2. Small accounts (<$50 k) 3. Private Banking accounts 4. Accounts with U.S. Indicia 5. Accounts of US$ 500,000 or more PFFI may apply this small account threshold optionally "retail account" 20 April 2011 Page 12 Swiss-American Chamber of Commerce

Notice 2011-34 Pre-existing individual accounts 3. Private Banking account When is a client a private banking client? 1. Documented U.S. accounts (unless <$50 k depositary a/c) 2. Small accounts (<$50 k) 3. Private Banking accounts 4. Accounts with U.S. Indicia 5. Accounts of US$ 500,000 or more Relationship manager must perform diligent review (including associated family members) Search for U.S. indicia and request documentation Otherwise treat as recalcitrant Create and maintain list of U.S. and non-u.s. recalcitrant account holders 20 April 2011 Page 13 Swiss-American Chamber of Commerce

Notice 2011-34 Pre-existing individual accounts 4. Accounts with U.S. Indicia Diligent review of electronically searchable information If U.S. indicia found, request additional documentation 1. Documented U.S. accounts (unless <$50 k depositary a/c) 2. Small accounts (<$50 k) 4. Accounts with U.S. Indicia Within two years, afterwards recalcitrant 3. Private Banking accounts 5. Accounts of US$ 500,000 or more 5. Accounts of US$500,000 or more as per 31 December 2012 ("Non-PB High Value accounts") Annual retesting as from 1/1/2014 Diligent review of electronically searchable information If U.S. indicators: request documentation as with PB clients 20 April 2011 Page 14 Swiss-American Chamber of Commerce

Notice 2011-34 Pre-existing individual accounts The compliance officer's duty 1. Documented U.S. accounts (unless <$50 k depositary a/c) 2. Small accounts (<$50 k) 4. Accounts with U.S. Indicia 3. Private Banking accounts 5. Accounts of US$ 500,000 or more PFFI's Compliance officer must certify to IRS: Timely completion of identification steps PFFI management did not help, or had policies and processes in place for helping, account holders to hide U.S. accounts Procedures had been in place to keep employees from doing so Certification covers time from 9 April 2011 (date of notice) to effective date of FFI agreement! 20 April 2011 Page 15 Swiss-American Chamber of Commerce

Treatment of NPFFIs and recalcitrant account holders (I) Identification of U.S. accounts (IV) Penalties for non-participating FFIs and recalcitrant account holders (III) Annual reporting to the IRS (II) Obtain Waiver from U.S. client (II)a Terminate client relationship with recalcitrant U.S. clients 20 April 2011 Page 16 Swiss-American Chamber of Commerce

Notice 2011-34 Concept of passthru payments Potential for (administrative) nightmares? Bank A (PFFI) CHF100,000 Bank client (non-u.s. person) interest income: No FATCA wht CHF2,000 20 April 2011 Page 17 Swiss-American Chamber of Commerce

Notice 2011-34 Concept of passthru payments Bank A (PFFI) CHF60,000 (CH assets) CHF40,000 (U.S. assets) CHF100,000 Bank client (non-u.s. person) RECALCITRANT interest income: FATCA wht 30% on CHF800 CHF2,000 ( CHF240) Passthru Percentage PPP = 40% 20 April 2011 Page 18 Swiss-American Chamber of Commerce

Notice 2011-34 Concept of passthru payments Bank B (PFFI) Bank A (PFFI) CHF30,000 (CH assets) CHF30,000 (U.S. assets) CHF60,000 CHF60,000 (CH assets) CHF40,000 (U.S. assets) CHF100,000 Bank client (non-u.s. person) RECALCITRANT interest income: FATCA wht 30% on CHF1,400 CHF2,000 ( CHF420) Passthru Percentage PPP = 50% Passthru Percentage PPP = 40% Revised PPP = 70% 20 April 2011 Page 19 Swiss-American Chamber of Commerce

Strategic alternatives? U.S. clients Non-U.S. clients U.S. securities No U.S. securities U.S. securities No U.S. securities Become participating FFI and sign agreement Full compliance, identification, reporting & withholding Decision does not make sense from an economic point of view Identification necessary to give assurance that there are no U.S. accounts Decision does not make sense from an economic point of view Refrain from becoming FFI compliant 30% FATCA withholding tax; "punishment" of all clients; Reaction IRS? Reaction regulator? Reaction IRS? Reaction regulator? 30% FATCA withholding tax "punishment" of all clients Detach completely from U.S. market 20 April 2011 Page 20 Swiss-American Chamber of Commerce

Strategic alternatives? U.S. clients Non-U.S. clients "Deemed compliant status" U.S. securities No U.S. securities U.S. securities No U.S. securities No reporting as there are no U.S. accounts Become participating FFI and sign agreement Refrain from becoming FFI compliant Full compliance, identification, reporting & withholding 30% FATCA withholding tax; "punishment" of all clients; Reaction IRS? Reaction regulator? Decision does not make sense from an economic point of view Reaction IRS? Reaction regulator? Identification necessary to give assurance that there are no U.S. accounts 30% FATCA withholding tax "punishment" of all clients Decision does not make sense from an economic point of view Detach completely from U.S. market No withholding unless recalcitrant account holders or NPFFIs Requires signing of a FATCA agreement Requires an initial search of client (and possibly equity and debt holders) and on-going processes to remain compliant 20 April 2011 Page 21 Swiss-American Chamber of Commerce

U.S. banks to collect information on nonresident alien accounts 20 April 2011 Page 22 Swiss-American Chamber of Commerce