Foreign Account Tax Compliance

Foreign Account Tax Compliance Act

The Foreign Account Tax Compliance Act (FATCA) is an important development in U.S. efforts to combat tax evasion by U.S. persons holding accounts and other financial assets offshore. The Treasury Department and the IRS continue to develop guidance concerning FATCA.

Under FATCA, certain U.S. taxpayers holding financial assets outside the United States must report those assets to the IRS on Form 8938, Statement of Specified Foreign Financial Assets. There are serious penalties for not reporting these financial assets (as described below). This FATCA requirement is in addition to the long-standing requirement to report foreign financial accounts on FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR) (formerly TD F 90-22.1).

If at any time during the year, you had a financial interest in or signature authority over a financial account (such as a bank account, securities account, or brokerage account) located in a foreign country you may have additional filing requirements. If you have a foreign account please contact me to make sure you are in compliance.