FATCA Implementation
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Day 1 FATCA Basics What is FATCA? Goals and objectives of FATCA Legislation Scope Requirements Registration and Applications Identification: Consideration of FFI or Not FFI Terminology Who is a US Person for FATCA purposes? US Financial Institutions/Non-US Financial Institutions (FFI’s vs NFFI’s) Withholding: Two phased approach. Withholding: Passthru Payments Reporting: New Accounts, Documented US Accounts, and Private Banking Accounts - What information is to be reported: demographic, balance, account specific information - Verification by IRS, potential declaration of “recalcitrant account holder” Partner Countries Obligations: Due Diligence Client Identification Obligations: Pre-existing vs New Accounts - Private Banking pre-existing vs All Other Pre-Existing Reporting Obligations Withholding Obligations Case Study for Implementation FATCA Policy and Procedures By When? Regulatory Milestones Tracker in the Implementation of FATCA Due Diligence for Pre-Existing Accounts Procedures for New Accounts Withholding Reporting Legal and Foreign Financial Institution Issues Day 2 FATCA Challenges for Foreign Financial Institutions Local Law that might prohibit compliance with US FATCA Bi-lateral Agreements in lieu of FATCA - Britain - Mexico - France, Germany, Italy, Spain - Japan - Ireland - Switzerland - Norway Model Intergovernmental agreements - Allowances for local law - Burden Reduction - Intergovernmental Agreement Examples - US and IGA Info Sharing - One way information Exempt Beneficial Owners Other than Funds Governmental Entities International Organization Central Bank Funds Qualifying as Exempt Beneficial Owners Narrow Definition Retirement Fund Pension Fund of an Exempt Beneficial Owner Investment Entity Wholly Owned by Exempt Beneficial Owners Small or Limited Scope Financial Insitutions Local Banks Financial Institutions with Only Low Value Accounts Qualified Credit Card Issuer Investment Advisors and Managers Collective Investment Closely Held Excluded Accounts Reciprocal Model 1A Agreement Non-Reciprocal Model 1B Agreement Model 2 Foreign Status: Criteria to determine if US or foreign status exists Income Sourcing, Interest and Dividends
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