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

  • Blog Post: FATCA FFI Compliance Extended; FATCA Portal, Other Key Dates Pushed Back

    In a major U.S. Treasury announcement about FATCA on the morning of July 12, 2013, titled “Engaging with More than 80 Countries to Combat Offshore Tax Evasion and Improve Global Tax Compliance.” Treasury extended by six months the start of the Foreign Account Tax Compliance Act (FATCA) withholding...
  • Blog Post: IRS Releases Long-Awaited FATCA FFI Agreement

    On October 29, 2013, the IRS released the long awaited FFI draft agreement and an accompanying notice incorporating updates to certain due diligence, withholding, and other reporting requirements released earlier this year ( click the FATCA topic on the left for previous coverage ). The FFI draft agreement...
  • Blog Post: Strengthening Procedures Against Tax Evasion

    by Henry Christensen III * The events involving Union Bank of Switzerland ("UBS") have resulted in federal criminal prosecutions, a deferred prosecution agreement between the U.S. Department of Justice and UBS and a separate global settlement between the U.S. Department of Justice, the Swiss...
  • Blog Post: Political Pushback on FATCA

    By Prof. William H. Byrnes IV and Dr. Robert J. Munro * ...The Joint Statement between the U.S., France, Germany, Italy, Spain and the United Kingdom regarding an intergovernmental approach to improving international tax compliance and implementing FATCA laid the foundation for the U.S. commitment...
  • Blog Post: FATCA - FI Account Remediation

    by Prof. William H. Byrnes IV and Dr. Robert J. Munro * Editor's Note: The following excerpts are from Chapter 4 of the forthcoming 2014 edition of LexisNexis® Guide to FATCA Compliance by William Byrnes and Robert Munro, scheduled for publication in March 2014. Chapter 4 contributors: Jason...
  • Blog Post: FATCA in Canada: Constitutional Challenge Mounting

    A group of Canadians has put together a campaign to explore the constitutional violations posed by FATCA in Canada. Some of these issues were raised by pre-eminent constitutional scholar Peter Hogg, in this letter to Finance . Others arise because of the adoption of the intergovernmental agreement (IGA...
  • Blog Post: FATCA Compliance Programs

    By Prof. William H. Byrnes and Dr. Robert J. Munro * Editor's Note: The following is an excerpt from Chapter 2 of the 2014 edition of LexisNexis Guide to LexisNexis® Guide to FATCA Compliance by William Byrnes and Robert Munro, published February 2014. Chapter 2 contributors: Jeffrey Locke...
  • Blog Post: Analysis of New 2014 Form W-8IMY and W8-BEN-E

    On April 30, 2014 the IRS released the new Form W-8IMY (“ Form W-8IMY ”), formally replacing its 2006 predecessor W-8IMY. This new Form W-8IMY has 28 parts, whereas the previous August 2013 FATCA draft W-8IMY only contained 26. The new 2014 Form W-8IMY is vastly different from the seven-part...
  • Blog Post: Treasury Notice 2014-33

    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 obligations (including accounts) held by an entity;...
  • Blog Post: FATCA FFI Registrations as of July 2014

    * by Prof. William H. Byrnes IV and Haydon Perryman FATCA [the Foreign Account Tax Compliance Act] requires that foreign financial institutions [FFIs] make regular certifications to the IRS, as well as annually disclose taxpayer and account information for U.S. persons, unless an intergovernmental...
  • Blog Post: Completing FATCA Forms

    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 with non-beneficial owner status are required to...
  • Blog Post: FATCA Expanded Affiliated Groups (EAGs) by Country -- FFIs

    By Prof. William H. Byrnes IV and Haydon Perryman * Foreign financial institutions (FFIs), along with their branches and affiliates, are defined as an "expanded affiliated group." There are 3,778 Lead Entities of EAGs among the approximately 88,000 FFI registrations from 250 countries.....