The US Treasury has changed its approach to the Foreign Account Tax Compliance Act (FATCA), a regulation designed to fight offshore tax evasion by Americans.
The US Treasury is proposing that France, Germany, Italy, Spain and the UK be allowed to collect information on financial accounts covered under FATCA and forward that information to the US. The new proposals, which are due to take effect next year, aim to lift the burden FATCA imposes on financial institutions by involving the governments of five European countries.
Under its original proposals, financial institutions were tasked with collecting and reporting the data. The proposals attracted considerable criticism worldwide for legal issues and the heavy burden of costs they would impose on financial institutions.
Allowing governments to report the information takes advantage of long-standing procedures and relationships between financial institutions and their home countries, lowering the compliance burden, the US Treasury said.
A joint statement was released by the governments of the United States, France, Germany, Italy, Spain and the United Kingdom, stating that they are exploring a common approach to FATCA implementation through domestic reporting and reciprocal automatic information exchange.
This statement also indicates that negotiations are in place so that UK firms designated as Foreign Financial Institutions (FFI) may not need to enter into an FFI agreement with the IRS.
Julie Patterson, director of Authorised Funds and Tax at the UK’s Investment Management Association, welcomed the joint statement. She said: “The approach envisages firms reporting to their domestic authorities and governments sharing that information. In practice, this would mean that UK firms and funds would not have to sign up to an agreement with the IRS, reducing many of the industry’s legal concerns with the original proposals.
It's going to come down to citizenship. It's not the HMRC's job to pass information to the IRS about resident UK/US citizens. Otherwise what's the point of having the bloody passport?
For tax purposes a resident dual EU citizen should be allowed to choose their EU citizen, thus denying the IRS the data.
For me I will go to court as a test case to stop the HMRC from acting as an arm of the IRS.
Furthermore, why should the UK waste time and resource for the IRS when the amount of possible tax the HMRC will collect will be tiny. Let's not forget this "reciprocal" agreement causes far more work on the British side than the Americans. The HMRC will make only a tiny number of requests vs what America will want. The UK operates a residence-based tax system, not citizenship-based so the requests are going to be much heavier on the British side by a factor of probably 1000 to 1.
The HMRC should not be wasting the UK's taxpayers money helping out the bloody Americans when the HMRC gets very very little in return.
This problem is similar to the one-side US/UK extradition treaty. Let the Americans do their own bloody tax collecting and leave the HMRC out of it.
Why should the HMRC bear the "FATCA" tax so UK financial institutions can trade with the US FATCA-free? All this EU-US agreement has done is shift a majority of the FATCA costs on to the UK Government and a Government that will gain very little in the way of tax revenues (who hides their money in the US???) Stop appeasing the Americans - we all saw how this approach failed with Hitler.
Posted by: James Smith 10 Feb 2012Market
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