As we reported on Monday, January 28, 2013 in our post Significant Changes in Final FATCA Regulations, the US Treasury Department published final rules governing enforcement of the Foreign Account Tax Compliance Act (FATCA). The regulations indicate that trusts with individual trustees will be NFFEs (non financial foreign entities), whether those individuals are professional trustees are not. This is good as such trusts would be excluded from the FATCA registration requirements.
However trusts where there is a corporate trustee, will be considered to be financial institutions (FIs) and may have to register as an Investment Company.
This means that foreign trusts with corporate trustees are potentially subject to the FATCA withholding rules and they need to register as an Investment Company and provide the required information in order to avoid FATCA withholding tax obligations.
Stay tuned and FACTA and its associated Regulations continue to develop and unfold!
Are you a Foreign Trust with FATCA Problems???
Contact the Tax Lawyers at Marini & Associates, P.A. for a FREE Tax Consultation at:www.TaxAid.us or www.TaxLaw.ms or Toll Free at 888-8TaxAid (888 882-9243). Read more at: Tax Times blog
