Foreign Account Tax Compliance Act (FATCA) Services

The FATCA services we provide include advice, classification, due diligence, compliance and reporting, helping you to stay on top of your obligations.

FOREIGN ACCOUNT TAX COMPLIANCE ACT ("FATCA") CONSULTANCY SERVICE

We offer a full FATCA Consultancy and Reporting Service to High Net Worth client families and financial services firms including banks, investment managers, trustees and other fiduciaries.

The Foreign Account Tax Compliance Act (FATCA) began as an effort by the US to combat tax avoidance and non-reporting of certain offshore income by US persons. FATCA classifies every non-US entity as either a Foreign Financial Institution (FFI) or Non-Foreign Financial Entity (NFFE) that requires specific due diligence and reporting procedures.

FFIs often have heightened requirements for reporting and compliance. Non-US entities generally treated as FFIs are private investment companies, banks, hedge funds, private equity funds, broker-dealers, portfolio managers, investment advisors, trust companies, private trusts, and certain insurance companies.

FATCA

We can assist you with the following:

Training and communication:

Educate and provide FATCA literature for staff
Create FATCA awareness
Conduct executive management briefings (Industry-specific)

Compliance & Report Submission:

Registration of FFIs and obtain Global Intermediary Identification Numbers (GIIN)
Annual FATCA reporting such as Form 8966 or local country reporting for FFIs
FATCA identification forms: W-8BEN, W-8BEN-E, W-8-ECI, W-8IMY, W-9

Define the role of the Responsible Officer and assist with their duties:

Provide questionnaires for verification and identification of new and existing on boarding clients
Review subscriptions, operations manuals and accounts
Examine due diligence procedures
Update new account holders & investors onboarding procedures
Advise upon deemed-compliant status (certain exemptions from FATCA reporting)
Entity classification of company and affiliated groups (for registration purposes)

We work closely with advisors from other jurisdictions to ensure our clients’ goals are accomplished from a global perspective. Weaving a path through this complex area of law requires sophisticated planning, sensitivity to the many family and personal issues related to these matters and a practical approach to ensure the resolution of outstanding compliance issues.

The penalties for non-compliance with the FATCA rules is that all income from the US or gain on the sale of US assets will be subject to a 30% non-refundable US withholding tax.

Let’s discuss the details
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