The Results of FATCA on Foreign Accounts

What is the FATCA?

The Foreign Account Tax Compliance Act, also known as FATCA, is a federal law in the US that demands all American citizens to report to the IRS details of any financial accounts if they have any accounts outside the US. In addition, FATCA demands foreign financial institutions to report details about American clients’ accounts to the IRS. It was created to prevent American citizens from avoiding federal taxes by hiding their funds in offshore accounts.


FATCA was designed to enhance American citizens’ compliance to make it easier for them than forcing their foreign counterparts to collect taxes.


One of the primary reasons FATCA was seen crucial is that Americans living abroad have to pay US income tax. Despite income is generated in a foreign country and has no direct connection with the US, income tax must be paid to the government of the US. Unlikely in other countries; the US is the only developed nation that demands this.



Parts Of Foreign Account Tax Compliance Act

The Foreign Account Tax Compliance Act contains three main parts. The first part demands foreign institutions to make an agreement with the IRS. This agreement consists of the foreign institution providing the IRS with information about any American clients and their transactions. The second component of FATCA requires American citizens who own foreign accounts to report their assets on tax form 8938. If a US citizen got caught understating their income 40% of their wages can be fined. The third component of FATCA closes a loophole that many Americans overseas had avoided their US tax liability by using swap-contracts to convert their US dividends to equivalents. After FATCA, it became far prom possible.


Similarly to tax legislation, FATCA has faced severe criticism. Despite concrete statistics are not available yet, many speculations based on the cost of implementing the Act is way more than the additional revenue it will bring in. It is inconvenient for other countries and also it can be diversified.


FATCA For Financial Institutions


Financial institutions must comply with FATCA rules. FATCA imposes various penalties and sanctions on financial institutions that do not comply with regulations. FATCA compliance requires time and cost for companies. Some financial institutions have announced that they have spent millions of dollars to ensure FATCA compliance.


With Sanction Scanner, you can support your company's FATCA compliance process. Please contact us for more information.

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