Kristen M. Garry, Etienne Gelencsér, Eileen M. O’Pray, Naomi King and Jeffrey B. Tate
– To summarize the principal aspects of USA tax legislation commonly known as the “Foreign Account Tax Compliance Act” (“FATCA”) that may be relevant to non-USA investment funds.
Abstract
Purpose
To summarize the principal aspects of USA tax legislation commonly known as the “Foreign Account Tax Compliance Act” (“FATCA”) that may be relevant to non-USA investment funds.
Design/methodology/approach
Reviews the potential application of FATCA to non-USA investment funds in a question-and-answer format and summarizes the key FATCA compliance obligations that may apply to such funds.
Findings
FATCA presents a number of compliance and operational challenges for non-USA investment funds. Such funds should be aware of their status under FATCA and resulting compliance responsibilities to ensure that they are compliant with FATCA and thus not subject to USA withholding tax.
Originality/value
Practical guidance from experienced tax and investment funds lawyers that summarizes a complex body of law in a concise format.