Trusts & FACTA

9th October 2014

Alert to ALL UK trustees: Registration may now be urgently required with the IRS.
FATCA – the Foreign Account Tax Compliance Act – is US legislation aimed at reducing tax evasion by US citizens. It requires financial institutions outside the US to provide certain information about US customers to the IRS. A 30% withholding Tax will be applied to any US income where the compliance obligations are not met – I understand that this will include the proceeds of sale of any US investments.

ALL UK TRUSTS are unfortunately caught be these rules, whether or not they have any US connections, and action is required by 25 October 2014.

In the main, only Trusts with an actively managed investment portfolio will be required to register with the IRS. HMRC up-dated their guidance on 28 August 2014 (in a document that runs to 181 pages), but the procedures involved are still evolving.

Investment managers can deal with FACTA compliance on the trustees’ behalf, but we are aware of a number who are declining to do so. And the legal obligation to comply lies with the trustees.
It is tempting to assume that none of this will apply where there is no US income. With a diverse investment portfolio, that will be rare anyway but having in mind how aggressive the IRS are, trustees must give attention to this. There are, of course, penalties for non-compliance.



 
Other items in Blogs
 
Chris Kelly
25th September 2020 COVID-19 Business Support – Winter Economy Plan

  With the Autumn Budget cancelled the Chancellor has announced a Winter Economy Plan introducing a package of measures to support businesses.   The highlights are:   The Coronavirus Jobs Retention Scheme (CJRS) – Will end as planned on 31 October 2020.   A new Job Support Scheme – To support viable UK employers who…

Read More »

Steven Denton
25th September 2020 HMRC Job Support Scheme (JSS)

On 24th September the government announced the launching in November of the Job Support Scheme to replace the existing Furlough Scheme that is feted to end on 31st October. The JSS is to run from 1st November through to 30th April, but initial rules may be amended after three months.   To qualify for the…

Read More »

Matilda Mawson
25th September 2020 2019/20 Pension Savings Statement – Request yours today!

  If you have made contributions to a registered pension scheme of more than £40,000 in the tax year, your scheme administrator should automatically send you a pension savings statement by 6 October 2020. This will detail your total pension input for the 2019/20 tax year as well as your pension input for the 3…

Read More »

Ian Piper
24th September 2020 Corporation Tax due soon: Not necessarily.

Companies with 31 December 2019 year ends will be due to pay their corporation tax on 1 October 2020. If that company is expecting to suffer a loss during the 2020 financial year, perhaps due to COVID-19 related reasons, it should be possible to carry that loss back one year and claim a refund of…

Read More »

Ruth Pearson
17th September 2020 Fuel Rates From September 2020

HMRC have updated the latest company car advisory fuel rates. These rates apply from 1 September 2020.   The guidance states that you can use either the previous or current rates, for up to one month from the date the new rules apply.   The new rates per mile are below: Engine size Petrol LPG…

Read More »

Robert Baxter
16th September 2020 Redundancy Pay & Payment in Lieu of Notice (PILON)

HMRC have introduced legislation which ensures employee’s statutory rights, including redundancy pay and payment in lieu on notice (PILON), are based on an employee’s normal pay and not their furlough pay.   Redundancy pay   An employee is entitled to redundancy pay if they have been working for their current employer for 2 years or…

Read More »