US Banks With Foreign Clients – Update on Reciprocal FATCA Reporting

The Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) proposed rules on July 30 requiring US financial institutions to collect “Customer Due Diligence” information. The FinCEN proposed rules are aimed at non-US persons who have not been tax compliant in their home countries and who are using their US financial accounts to hide income from their home governments.  The full Treasury announcement can be accessed here and the proposed rules can be accessed here.

The information required under the proposed rules mandates the identification of the true beneficial owners of US financial accounts.  One of the main goals for obtaining this information will be so that the USA can comply with the US government’s obligations to any countries with which it has a “reciprocal” Intergovernmental Agreement (IGA) under the  Foreign Account Tax Compliance Act (FATCA).  A “reciprocal” IGA is a Model 1A IGA.  With a “reciprocal” IGA, the US is generally required to exchange information about accounts held in US financial institutions by citizens or residents of the IGA partner countries. The reciprocal IGA also incorporates a policy commitment by the US to implement rules and support legislation that would provide for equivalent levels of information exchange.  A full list of countries having IGAs and the type of IGA can be accessed here .

Under current law, US financial institutions are not required to gather as much information about their non-US clients as is required for foreign financial institutions under FATCA who must report about their US clients to the US government.  The proposed FinCEN rules are trying to level the playing field and make sure the US can give partner countries the same type of information that the US will be receiving about US customers in foreign financial institutions.

Original Post By:  Virginia La Torre Jeker, J.D.

Virginia La Torre Jeker J.D., has been a member of the New York Bar since 1984 and is also admitted to practice before the United States Tax Court. She has 30 years of experience specializing in US and international tax planning as well as international commercial transactions. She has been based in Dubai since 2001; prior to that time she worked in Hong Kong for 15 years as a US tax consultant for international law firms, major banks (including HSBC) international accounting firms (Deloitte) and trust companies. Early in her career she worked in New York with the top-tier international law firm, Willkie Farr & Gallagher.

Virginia is regularly asked to speak at numerous conferences and seminars for various institutes and commercial organizations; publishes a vast array of scholarly works in her area of expertise, been interviewed by CNN and is regularly quoted (or has her articles featured) in local and international publications. She was recently appointed to the Professional Tax Advisory Council, American Citizens Abroad, Geneva, Switzerland. She was a guest lecturer at the University of Hong Kong, LL.M Program (Law Department) and served as an adjunct Business Law professor at the American University of Dubai and at the American University of Sharjah where she also taught the legal / ethical aspects of internet law and internet based transactions.


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