Tax Law

Recent Posts

Reporting Obligations of U.S. Beneficiaries of Foreign Trusts and New Form 8938
Posted on 18 Dec 2012 by Diane L. Mutolo

In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) as part of the Hiring Incentives to Restore Employment Act ("the HIRE Act"), and the legislation amended the Internal Revenue Code with the goal of increasing foreign account... Read More

Payments to Foreign Financial Institutions Under FATCA: Reporting and Withholding Requirements
Posted on 30 Jun 2011 by LexisNexis Tax Center

Editor's Note : The following is an excerpt from 1-17 Tax Controversies: Audits, Investigations, Trials §17.04 (Matthew Bender) ... The Foreign Account Tax Compliance Act, or FATCA, enacted in March 2010 and codified at IRC §§... Read More

Reporting Specified Financial Assets and Form 8938
Posted on 18 Dec 2012 by Neil Aragones

U.S. taxpayers with assets overseas and their advisers should be mindful of new Form 8938, Statement of Specified Foreign Financial Assets , as they prepare the taxpayers' federal income tax returns for 2011. Temporary Regulations issued in December... Read More

IRS Brushes Aside the Constitution to Make Way for FATCA
Posted on 5 Mar 2013 by Allison Christians

In a Tax Notes International article [ gated ] today [ News Analysis: Who Is A Manager Under FATCA? , tax analysts ® Worldwide Tax Daily , March 4, 2013] , Lee Sheppard discusses remarks about FATCA by Jesse Eggert, Treasury associate international... Read More

FATCA's Application to Foreign Entities and Foreign Assets
Posted on 25 Mar 2013 by LexisNexis Tax Law Community Staff

Editor's Note: The following is an excerpt from Chapter 6 of the forthcoming LexisNexis® Guide to FATCA Compliance by William Byrnes and Robert Munro, scheduled for publication in May 2013. Types of Entities The Foreign Account Tax Compliance... Read More

FATCA (Foreign Account Tax Compliance Act) Proposed Regulations
Posted on 26 Jun 2012 by Pamela Revak

The most recent proposed Foreign Account Tax Compliance Act (FATCA) regulations are designed to lighten the due diligence and compliance burden on foreign financial institutions and U.S. withholding agents, especially with respect to high value accounts... Read More

FATCA Provisions in the HIRE Act (H.R. 2847)
Posted on 26 Mar 2010 by Peter Miller

New Reporting Requirements, Penalties for Foreign Financial Institutions, Account Holders H.R. 2847, the Hiring Incentives to Restore Employment (HIRE) Act, signed into law on March 18th, mandates 30 percent tax withholding on payments to foreign financial... Read More

FATCA's Application to Investment Funds - LexisNexis® Podcast
Posted on 23 Jun 2011 by LexisNexis Tax Center

On this edition, Ivan Mitev of Boies, Schiller & Flexner, LLP and Richard Kando of Navigant Consulting, Inc. discuss principles governing the Foreign Account Tax Compliance Act (FATCA) and the law's application to investment funds. They examine... Read More

U.S. FATCA Information Reporting: Fishing for Forsaken Tax Revenues
Posted on 20 Dec 2012 by LexisNexis Tax Law Community Staff

* by Lawrence A. Kogan, Esq. FATCA's Objective The Foreign Account Tax Compliance Act ("FATCA"), which added new Chapter 4 to Subtitle A of the Internal Revenue Code (comprising Sections 1471 , 1472 , 1473 , and 1474 ) was signed into... Read More

U.K., U.S. Agree on Compliance, Information Reporting, Withholding Provisions (FATCA)
Posted on 18 Dec 2012 by Karen Yip

According to Treasury Department News Release TDNR TG-1711 (September 14, 2012), the United Kingdom and the United States have entered into an agreement to implement the information reporting and withholding tax provisions known as the Foreign Account... Read More

FATCA Regs Expand Deemed-Compliant FFIs
Posted on 12 Mar 2013 by Neil Aragones

The final Foreign Account Tax Compliance Act (FATCA) regulations, issued on January 28, 2013, expand the categories of foreign financial institutions (FFIs) that are deemed to be in compliance with FATCA. In general, under FATCA, U.S. withholding agents... Read More

Completing FATCA Forms
Posted on 10 Jul 2014 by William H. Byrnes IV

Modifications have recently been made to the forms that foreign individuals and entities complete in conjunction with FATCA. The 2014 Form W-8BEN is for use solely by foreign individuals , while Form W-8BEN-E is for use by entities . Payment recipients... Read More

Treasury Notice 2014-33
Posted on 6 May 2014 by William H. Byrnes IV

Treasury released Notice 2014-33 on May 2. Notice 2014-33 provides aspects of temporary relief for five areas of FATCA compliance: 1. 6 month extension (from July 1, 2014 until December 31, 2014) for characterizing as “pre-existing” the... Read More

Definition Added to FATCA Requirements Landscape
Posted on 27 Feb 2012 by Neil Aragones

Proposed Regs Revise FATCA's Due Diligence Procedures: Pre-existing Individual Accounts and Electronic Searches The much-anticipated proposed regulations under the Foreign Account Tax Compliance Act (FATCA) have been issued by the Treasury, and... Read More

Unearthing the Value in FATCA
Posted on 6 Feb 2013 by LexisNexis Tax Law Community Staff

by Micah Willbrand - LexisNexis ®.* ... At the time of its passage in 2010, the Foreign Account Tax Compliance Act (FATCA) appeared to be another reporting requirement for financial institutions (FIs). However, FATCA has long-term benefits for... Read More