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721.8 kB - Poledna | Boss | Kurer

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FEATURED ARTICLESISSUE 30 | JUNE 6, 2013FATCA: An Updateby Michael G Bell, Editor-In-Chief,Global Tax WeeklyThe Rules And The TimingUnder FATCA, US taxpayers with specified foreignfinancial assets that exceed certain thresholdsmust report those assets to the IRS. This reportingwill be made on Form 8938, which taxpayersattach to their federal income tax return, startingthis tax filing season.Foreign financial institutions (FFIs) must enter intoagreements with the IRS and Treasury to providedetails of financial accounts held by US taxpayers,or by overseas entities in which they hold a substantialownership interest. Failure to disclose such informationwill result in a requirement to withhold30 percent tax on US-source income.In order to be compliant with the legislation, FFIsmust have registered with the IRS before the endof 2013, and the reporting requirement will commencein 2015 in respect of the year 2014 or in2016 in respect of the year 2015, depending on thelevel of assets in individual accounts.FATCA's Time-LineMarch 2010: the Foreign Account Tax ComplianceAct was signed into law by President Obama as partof the Hiring Incentives to Restore Employment Act.February 2012: Treasury and the IRS issued proposedregulations for FATCA implementationJuly 2012: Treasury released a Model IntergovernmentalAgreement for FATCA implementationJanuary 2013: Treasury and IRS issued final regulationsfor FATCA implementationJuly 2013: FFIs may begin to use an on-line portalfor FATCA registrationOctober 2013: Treasury will begin issuance of globalintermediary identification numbers (GIIN) toFFIs which have registeredDecember 2013: Treasury will issue the first list ofregistered FFIsTreasury states that FFIs must have registered byOctober 2013 in order to be compliant with theJanuary 1, 2014, start date; it is not clear how thisreconciles to the statement made elsewhere thatFFIs must have registered "by" the end of 2013.11

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