IRS’ Announcement for Signing FFI Agreement and Finalizing FATCA Registration
Posted by William Byrnes on December 17, 2013
On Monday December 16, the IRS issued Announcement 2014-1 reminding foreign financial institutions (FFI) that have registered via the FATCA Portal to log back in after January 1, 2014 in order to sign the FFI agreement and finalize the registration process. The IRS and Treasury anticipate that the final FFI agreement will be published prior to January 1, 2014. The latest FFI Agreement draft has been covered previously (choose the FATCA tag on the left menu to read previous analysis).
Any FI submitting its registration information on or after January 1, 2014 may subsequently choose to revoke its status by revisiting its account and deleting its registration (if its GIIN has not yet been issued) or cancelling its registration (if its GIIN has already been issued).
The IRS stated that final qualified intermediary (QI), withholding foreign partnership (WP), and withholding foreign trust (WT) agreements will be published in early 2014. Any FI seeking to renew its status as a QI, WP, or WT should do so during the FATCA registration process.
The IRS also reminded FFIs that verification of a GIIN is not required for payments made prior to January 1, 2015 with respect to any payee that is a reporting Model 1 FI (pursuant to an intergovernmental agreement between its country and the U.S.). The IRS added that while reporting Model 1 FIs will be able to register and obtain GIINs on or after January 1, 2014, they will not need to register or obtain GIINs until on or about December 22, 2014, to ensure inclusion on the IRS FFI list by January 1, 2015.
FATCA Compliance Program and Manual
Fifty contributing authors from the professional and financial industry produced LexisNexis® Guide to FATCA Compliance (2nd Edition). The second edition has been expanded from 25 to 34 chapters, with 600 pages of regulatory and compliance analysis.
The previous 25 chapters have been substantially updated, including many more practical examples to assist a compliance officer contextualize the regulations, IGA provisions, and national rules enacted pursuant to an IGA. The nine new chapters include by example an in-depth analysis of the categorization of trusts pursuant to the Regulations and IGAs, operational specificity of the mechanisms of information capture, management and exchange by firms and between countries, insights as to the application of FATCA and the IGAs within new BRIC and European country chapters. Chapter 7 has been drafted for a financial institution’s compliance officer, Chapter 9 for the trust department compliance officer, and Chapter 10 for the insurance firm’s compliance officer. Chapter 7 provides a new section analyzing the compliance risks with the IRS’ recently released draft FFI agreement.
The LexisNexis® Guide to FATCA Compliance (2nd Edition) comprises 34 Chapters grouped in three parts: compliance program (Chapters 1–4), analysis of FATCA regulations (Chapters 5–16) and analysis of FATCA’s application for certain trading partners of the U.S. (Chapters 17–34), including intergovernmental agreements as well as the OECD’s TRACE initiative for global automatic information exchange protocols and systems.
The FATCA compliance officer responsible for an enterprise with multiple lines of business in multiple jurisdictions is particularly at risk of missing this critical registration deadline and other important compliance milestones, especially in jurisdictions that do not have a Model 1 IGA with the U.S. This LexisNexis® Guide to FATCA Compliance contains three chapters written specifically to guide a financial institution’s lead FATCA compliance officer in designing a plan of internal action within the enterprise, interaction with outside FATCA advisors with a view of best leveraging available resources and budget, and systems management [see Chapters 2, 3 and 4].