Foreign Account Tax Compliance Act (FATCA), Common Reporting Standards (CRS) and Withholding Tax

Both the US FATCA, and the Organisation for Economic Co-operation and Development (OECD) Common Reporting Standard (CRS) have the ability to significantly shift the fight against worldwide tax evasion. 

Both regimes aim to automatically report and share financial information by enforcing obligations on Financial Institutions to undertake due diligence and report account holders. Though the two regimes are fundamentally similar, they are separate frameworks with specific penalties for non-compliance.

The level of compliance imposed on an institution will depend on whether it is classed as a:

• Financial Institution (FI); or
• Non-Financial Entity (NFE)

The impact of FATCA and CRS will vary according to the circumstances of each entity, with detailed analysis required to determine full levels of exposure. 

FIs have now started collecting information for their reporting, and as part of that exercise they require entities to provide their FATCA and CRS classifications, as well as providing updated US withholding forms. The current withholding forms have been updated to include FATCA classifications. As with the old withholding forms, these are valid for three years from issue unless a significant change occurs for the respective entity. 

Here at Frank Hirth, we have a specialist team that assists with FATCA and CRS compliance, including classification services. We also advise on withholding tax requirements, whether you are a US withholding agent or foreign payee.