FATCA Filing Requirement
FATCA, or the Foreign Account Tax Compliance Act, is a law that governs the reporting and filing of financial information about individuals. Its purpose is to protect American citizens from foreign money laundering.
The Foreign Account Tax Compliance Act, or FATCA, is a complex piece of legislation with a number of rules. These include the requirement to report a U.S. account holder’s name and tax home to the IRS. This information is used to help the IRS verify the accuracy of the report. A report can be amended if a mistake is found. However, an amended report should not replace the original. Instead, it should be relinquished to correct the error. The report must also reference the original document. When the FATCA reporting is done correctly, the IRS will be able to confirm that the information is accurate and complete. Failure to do so will result in a withholding tax.
There are a few FATCA requirements that you should know about. For example, FATCA Form 8938 is an income tax return form that asks about certain foreign financial assets. Other requirements include identifying U.S. account holders and withholding taxes on certain income. You may also have to report other financial assets in addition to foreign accounts. These include securities, stocks, and other investments.
You may also be required to disclose your ownership of certain non-financial foreign entities. Some of these may include an interest in a foreign corporation or a business partnership. If you have more than $50,000 in these assets, you are required to report them.
What is FATCA?
FATCA (Foreign Account Tax Compliance Act) is a set of rules that require all financial institutions to report information about their U.S. customers to the IRS. It’s designed to catch criminals and increase compliance by Americans living overseas.
This legislation was drafted as a response to the UBS offshore banking scandal. Many Americans were holding huge financial holdings in secret Swiss bank accounts. These were a source of billions of dollars in lost tax revenue for the U.S. In 2010, President Obama signed the HIRE Act into law.
The law imposes strict penalties on foreign financial institutions that are not in compliance with FATCA. If a foreign financial institution is non-compliant, it will be required to withhold 30% of all payments made to U.S. account holders. FATCA applies to all kinds of financial accounts, regardless of currency or location. Most financial institutions are already FATCA compliant. However, this can lead to difficulties for innocent people who want to diversify their assets.
Under FATCA, banks must share account information with the IRS each year. In addition, certain domestic entities are also required to report. These include trusts, corporations, and partnerships. Foreign Non-Financial Foreign Entities are also required to report information on foreign assets U.S. account holders hold. They include bank accounts, foreign mutual funds, and foreign life insurance.
FATCA Reporting
FATCA reporting is required for U.S. citizens with overseas bank or other financial accounts. It was introduced to combat tax evasion. Draconian enforcement measures, including fines and penalties back FATCA.
The U.S. government is determined to aggressively enforce FATCA reporting requirements. Non-compliance can result in fines and criminal prosecution.
To help companies comply with FATCA regulations, the Treasury Department is developing guidance. There are also intergovernmental agreements (IGAs) in many countries. IGAs are designed specifically to facilitate the exchange of information for FATCA reporting.
FATCA Status
In order to comply with FATCA regulations, your business must maintain information on your customer’s FATCA status. You can do this by identifying the customers you are reporting to the IRS and identifying whether or not they fall within the scope of the FATCA legislation.
Once you identify a customer’s FATCA status, you can modify it. This can be accomplished through the Application Browser. Simply type STDFATCA in the application toolbar to invoke the maintenance screen. Select a product code from the adjoining options list, and click on the arrow button to display the appropriate option.
Alternatively, you can invoke the FATCA rule maintenance screen. Here you can set up the withholding rules you want to enforce. If you are unsure of which rules to apply, you can consult your tax professional.
When you invoke the maintenance screen, you can also check for products and instruments you may have sourced from outside of the United States. For example, you can choose to include a contract account if the customer is liable for a US-sourced obligation.
When you change your customer’s FATCA classification, you will have to perform a due diligence check. The system will scan the customer’s records for FATCA-classified deals, contracts, and accounts.
FATCA Meaning
FATCA does not mean it’s just about U.S. citizens; it also affects U.K. and Canadian financial institutions. FATCA is a thorn in the side of American ex-pats who live overseas. It is estimated that some 3 million Americans reside abroad; therefore, it is in the best interests of all involved that they file taxes annually in the United States.
As far as FATCA goes, there are two main groups. First is the U.S. financial industry, which is required to be compliant by July 1, 2014. Secondly, there are foreign financial institutions that are obliged to report details on their U.S. clientele on a regular basis. For the most part, most FFIs are reticent to jump on the FATCA bandwagon until the last minute, and in any case, the requirements are imposing.
FATCA Declaration
The Common Reporting Standard is a global standard that mandates financial institutions to collect and report information. This requirement is intended to help combat tax evasion and maintain the tax system’s integrity.
The CRS forms can be downloaded from asset management companies. NRIs can also submit CRS forms offline at the fund house branches. All mutual funds must review account information and determine if FATCA/CRS is required. If they are, they are required to inform investors. They can do this by providing a FATCA / CRS declaration.
If the mutual fund fails to notify the investor that a FATCA/CRS is required, it will be reported to the Indian tax authorities. Failure to do so may result in a suspension of all investments. The information to be reported relates to individuals, trusts, and shell companies. It also affects banks, insurance schemes, and investor folios.
FATCA Form
If you have a tax account in a foreign country, you will need to file a FATCA Form 8938. This form is part of your tax return and is meant to prevent offshore tax evasion by U.S. individuals and businesses. It requires you to report your interest in a foreign bank, corporation, or trust.
FATCA Form 8938 is required for any American taxpayer with a financial account in a foreign country with an aggregate value of $50,000 or more. It is also required for any nonresident alien in Puerto Rico or the U.S. Virgin Islands. For a nonresident alien, the filing requirement is also applicable for any portion of the tax year.
If you have a foreign financial account, you will need to report it to the IRS on a regular basis. You may be entitled to claim foreign tax credits on the income you receive from your foreign accounts. Likewise, you may be eligible for a withholding tax of 30% on all of your American assets held by a non-participating foreign financial institution.
