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Foreign Account Tax Compliance Act (FATCA)

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Grandfathered Obligations

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Certain pre-existing investments, loans, and other financial contracts are exempt from FATCA withholding under the grandfathered obligations provision.

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IGA - Intergovernmental Agreements

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IGAs are bilateral agreements with other countries to facilitate the exchange of information and compliance with FATCA, making it easier to implement.

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Impact on U.S. Persons Abroad

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U.S. persons living abroad may face difficulties in banking and investing due to FATCA, as some foreign banks may refuse American clients to avoid reporting burdens.

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FATCA Reporting Requirements

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U.S. taxpayers with foreign financial assets exceeding certain thresholds must report these assets on Form 8938, submitted with their IRS tax returns.

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FATCA and Non-Financial Foreign Entities (NFFEs)

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NFFEs must also comply with FATCA by providing information on substantial U.S. owners or certifying there are none to avoid withholding taxes.

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Purpose of FATCA

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FATCA aims to prevent tax evasion by U.S. persons through the use of offshore accounts by enforcing the reporting of such accounts to the IRS.

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Documentation and Due Diligence Requirements

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FFIs are required to undertake specific identification and due diligence procedures to identify U.S. account holders and report them to the IRS.

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Thresholds for Reporting

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FATCA has different reporting thresholds for individuals living abroad and those in the U.S., and also varies based on filing status and residency.

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FATCA and Privacy Concerns

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FATCA's requirement for FFIs to report information on U.S. account holders raises privacy and data protection concerns in various jurisdictions.

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Impact on Foreign Financial Institutions (FFIs)

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FFIs must report information about financial accounts held by U.S. taxpayers, or face a 30% withholding tax on payments from U.S. sources.

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FATCA and Local Laws

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FATCA implementation may conflict with local banking secrecy and privacy laws, requiring the use of IGAs or changes in local legislation.

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Penalties for Non-Compliance

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Non-compliance with FATCA can result in various penalties for individuals and institutions, including fines, and withholding taxes.

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