(Citco) The US Department of Treasury introduced new rules that will require US financial institutions to report payment of interest to non-resident aliens starting January 1, 2013.
It is
important to note that this legislation is NOT PART OF FATCA legislation and is
NOT POSTPONED. Therefore, it will start on January 1, 2013 as indicated.
These
rules have been introduced as part of an effort by the US government to work
more closely with overseas countries to exchange information on cross border
income payments and to combat tax evasion.
The key
features of this new regulation are the following:
· The reporting requirement only pertains to interest paid
to non-resident individuals (not to corporations such as a company established
in the BVI);
·
It applies to
payments of interest made on or after January 1, 2013;
·
The reporting
requirement applies to a broad range of financial institutions –banks,
brokerage firms, credit unions, insurance companies– but only to interest paid
on deposits maintained at the US offices of these institutions (and not
at overseas offices or branches);
·
The exchange of
information will not be automatic (except
with Canada under pre-existing rules), but only upon request, although
the Treasury Department indicated that this may change in case certain
countries agree to automatic exchange of information with the USA going
forward. Several European countries –France, Germany, Italy, The Netherlands,
Spain and The United Kingdom– are already discussing automatic exchange of
information with the USA;
New US Tax Rules have you Puzzled?
Contact the Tax Lawyers at Marini
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Source
Citco
Carl Levin writes in a letter to Commissioner IRS on 12 April 2011: “Currently, the United States has not established the procedures needed to be able to exchange information with other countries on accounts opened by their citizens”.
ReplyDeleteUS banks cannot identify the non-resident owners of US entities, even for the non-taxed entities, therefore they must restrict the information to natural persons. What can we expect here from Congress?
In art 6 (1) of the FATCA IGA with UK , the USA says to be ‘committed to further improve transparency and enhance the exchange relationship’.
Is there any change?
Can Congress force the States to follwo through?
Posted by Leo Neve