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
 
Bethan Hassey
18th January 2018 Guide to filing confirmation statements

  A confirmation statement (CS01) must be filed by a company every year to confirm the information held about them at Companies House. Even if the details on the CS01 haven’t changed since last year’s statement, you must still submit one. This is usually within 14 days of the anniversary of incorporation of the company…

Read More »

Lisa Searle
8th January 2018 National Minimum Wage Rates

  Effective from April 2018 the National Minimum Wage rates will be increasing again, as per the below figures: Workers aged 25 years or more: £7.83 per hour Workers aged 21 to 24 years: £7.38 per hour Workers aged 18 to 20 years: £5.90 per hour Workers aged under 18 (but above compulsory school age):…

Read More »

Julie Quayle
8th January 2018 HMRC – Appeals

  HMRC has updated the postal address for where to send grounds for appeal if you have not paid your PAYE and National Insurance contributions on time. The address that should now be used is: DM PAYE Late Payment Penalties HM Revenue  and Customs BX9 1EW HMRC will charge penalties if more than one of…

Read More »

Jaimie Lane
4th January 2018 Charity annual returns due

  Charities with the financial year end of 31 March 2017 must submit their annual return by 31 January 2018, 10 months after the year end. What you need to submit varies based on whether it is an un-incorporated organisation or a charitable company. It also varies based on income of the charity – requiring…

Read More »

Richard Alecock
4th January 2018 Directors’ responsibilities

  Limited company directors and secretaries are collectively referred to as ‘officers’. Directors are appointed by members (shareholders and guarantors) to run and manage the day-to-day operations of the business. Secretaries are optional for private companies, but not public companies. They are usually appointed to assist directors with important administrative tasks. An Overview Company directors…

Read More »

Andrew Band
4th January 2018 EU competition infringements by European truck manufacturers

  The European Commission imposed fines of €3.4 billion in July 2016 and September 2017 following findings that a number of manufacturers were party to a cartel at senior management level from 1997-2001. Breakdowns of the fines for the companies involved were as follows: Daimler/Mercedes – €1 billion Scania – €880 million DAF – €752…

Read More »