Treasury Offers Some Guidance On FATCA, Criticism Remains

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Treasury Offers Some Guidance On FATCA, Criticism Remains
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The Foreign Account Tax Compliance Act (FATCA) went into effect this week, and if you have any doubts about how complex it is, bear in mind that it involves 80,000 financial institutions spread across nearly 100 jurisdictions according to the US Treasury, and there are still plenty of countries negotiating terms with the IRS. To help people sort out all the new rules, Treasury has brought together resources for individuals, financial institutions, and foreign governments, but none of it really addresses the laws critics.

Rules give foreign institutions a reason to invest elsewhere

First of all, the page which links to both Treasury and IRS documents) still specifies that FATCA applies to “U.S. citizens, U.S. individual residents, and a very limited number of nonresident individuals,” but it’s not at all clear who that last category might contain. That can be annoying for foreign individuals who do regular business in the US and don’t want to have issues with the IRS, but it’s also a regulatory puzzle for the tens of thousands of financial institutions trying to comply with the new rules. For US citizens who either live abroad (disclaimer: I’m one of them) or who own foreign assets, it’s only become that much more difficult to do your own taxes, making tax season that much more frustrating.

The claim that foreign investments are going to be pulled out of the US like so much hot money isn’t credible, but in the long-term both individual and institutional investors will have to weigh their involvement in the US economy and whether the savings from avoiding FATCA compliance outweigh the benefits of buying Treasury bonds. At least some of them will take their money elsewhere.

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