William Byrnes' Tax, Wealth, and Risk Intelligence

continuing from last Saturday, March 1st’s article …

The Senate Subcommittee reported that: “According to the IRS, the current estimated annual U.S. tax gap is $450 billion, which represents the total amount of U.S. taxes owed but not paid on time, despite an overall tax compliance rate among American taxpayers of 83 percent. Contributing to that annual tax gap are offshore tax schemes responsible for lost tax revenues totaling an estimated $150 billion each year.”

To justify the reporting of the number of $150 billion a year of lost tax revenue due to “offshore tax schemes”, the Senate Report primarily cites its own investigatory reports and third party articles that refer to transfer pricing issues.  While transfer pricing regulations have been under scrutiny, at least by the Democrats, in the Senate, it is certainly not commonly held by those same Democrats that transfer pricing is illegal or constitutes an “offshore scheme”.  

It is proven beyond a doubt by the UBS, Credit Suisse, and other similar investigations, validated by the OVDI disclosures, that some Americans are noncompliant, and that some of those noncompliant Americans would owe tax if disclosing foreign income on their tax returns.  There is also no doubt that the total number of noncompliant Americans between 2008 and 2013 was at least 43,000. 

There is also no doubt that the tax that would have been collected from them had they been compliant during their time in the wilderness was in fact, relative to the reported figure of $150 billion lost annually, miniscule (somewhere probably between $300 million and $500 million a year for lost tax, with the majority of the $6 billion collected representing FBAR penalties, tax penalties, and interest).  To date, of the $150 billion referred to as lost a year to offshore schemes, only approximately .003% (a third of one percent) has been collected – and that assuming the above higher number of $500 million a year.

What is motivating the Subcommittee? 

Is the Senate searching for a magic bean to grow a money tree that will help cover up the $500 billion annual deficit (that has led to a $17 trillion national debt)?  The Subcommittee Report states: “Offshore tax evasion has been an issue of concern … because lost tax revenues contribute to the U.S. annual deficit, which today exceeds $500 billion. Collecting unpaid taxes is one way to reduce the deficit without raising taxes.”

90% of Taxpayers with Foreign Accounts are Tax Evaders!

The Taxpayer Advocate, relying on State Department statistics, cited that 7.6 million U.S. citizens reside abroad and many more U.S. residents have FBAR filing requirements, yet the IRS received only 807,040 FBAR submissions as recently as 2012.  The Taxpayer Advocate noted that in Mexico alone, more than one million U.S. citizens reside, and many Mexican citizens reside in the U.S. (and thus are required to file a FBAR for any Mexican accounts of $10,000 or greater).

Thus, more than 90% of taxpayers with foreign accounts are NOT compliant with the tax law? 7.6 million Americans abroad, at least 1 million nonresident aliens in the US, and some number of American in the US with foreign accounts equals a number of approximately 10 million taxpayers.  But the IRS reports that 87% of American residing taxpayers are compliant?  So statistically speaking, having a foreign account is indicative of being a tax evader.

Based on these numbers, being an American living in a foreign country is a leading cause of criminality.  What the statistics do not tell is which comes first?  A person tends toward criminality and thus moves to a foreign country or a person moves to a foreign country and then tends toward criminality? Enough facetiousness…     

I will greatly appreciate if a reader can supply me any studies / audit undertaken in the past five years of a statistically representative sample of the taxable incomes of these approximate 7.6 million Americans residing in foreign countries (I have of course read the CRFB articles and references).  I am curious how many of the nearly seven million non-compliant Americans:

(a) earn more income than that qualifying for the Foreign Income Exclusion of $97,600 for 2013 (combined with the Housing Allowance or Deduction Exclusion), and live in a country with lower effective tax rates than the US that US tax would be owing after the applicable tax credit on the remainder, and  

(b) of the sample, if the exclusion was not available, how many would have an excess tax credit because the foreign taxes paid are higher than the US taxes that would be due?

Maybe Foreign-Resident Americans are a Red Herring?

It will be interesting to learn if these approximate 7 – 8 million American foreign-residents in general owe tax after the foreign income / housing exemption and qualified retirement planning, or whether this group in general represents a red herring (at least as concerns filling in the $500 billion annual deficit).

$100 million is Still $100 million!

However, even if the number is only $1 billion or even $100 million collected a year from the IRS civil and criminal enforcement efforts, while it’s not going to put a dent in a $500 billion deficit, as Senator John McCain told the Credit Suisse representatives at the hearing February 26, it’s still a large amount of money that turns voters heads.

So Where Did the $150 Billion Figure Come From?

Check back next Saturday March 15 to discover the surprise answer…. 

LexisNexis FATCA Compliance Manual

Fifty contributing FATCA experts, each advising major institutions and financial service companies, authored 600 pages of analysis within the LexisNexis® Guide to FATCA Compliance (2^nd Edition): many perspectives – one voice crafted by the primary author Professor William Byrnes.

The LexisNexis® Guide to FATCA Compliance (2^nd Edition) comprises 34 Chapters grouped in three parts: compliance program (Chapters 1–4), analysis of FATCA regulations (Chapters 5–16) and analysis of Intergovernmental Agreements (IGAs) and local law compliance challenges (Chapters 17–34), including intergovernmental agreements as well as the OECD’s TRACE initiative for global automatic information exchange protocols and systems. The 34 chapters include many practical examples to assist a compliance officer contextualize the regulations, IGA provisions, and national rules enacted pursuant to an IGA.  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.

FATCA Experts Selected for the Lexis’ Guide  (please contact williambyrnes@gmail.com for an introduction to any of the below FATCA implementation experts)

Theodore C. Ahlgren, Esq. Ted Ahlgren concentrates his practice on international tax, trust, and estate planning. He has advised numerous U.S. and non-U.S. financial institutions, corporations, high net worth individuals, and their advisors on a variety of U.S. federal income, transfer, and withholding tax issues and has represented individuals and financial institutions in audits and voluntary disclosures. He participated in the submission of comments to Treasury and the IRS on the proposed FATCA regulations, and has written and spoken extensively on FATCA and other topics of relevance to international tax and estate planning. Contributions include chapter 7: Foreign Financial Institutions.

Devang Ambavi Devang Ambavi is Manager at PricewaterhouseCoopers Pvt. Ltd, India (PwC). He has over six years of experience in advising clients in multidisciplinary areas including international tax, domestic tax, exchange control and regulatory matters. More recently, he was on a two year secondment to PwC New York where he advised US based Funds on global structuring and international tax issues on a cross-jurisdictional basis. Contribution includes chapter 34: Exchange of Tax Information and Impact of FATCA for India.

Kyria Ali FCCA CIA CFE MCSI Kyria Ali, with her in-depth experience and qualifications in securities and investment (CISI), internal and forensic auditing (CIA and CFE) and financial background (FCCA) is strategically positioned as a leading business advisor in the BVI, Eastern Caribbean and Central American region. Very knowledgeable of the offshore sector, she has assisted many organisations, in the financial services industry, with risk management, compliance, FATCA and other tax related matters; just some of the areas addressed by the suite of business advisory services she provides. Contribution includes chapter 26: Exchange of Tax Information and Impact of FATCA for the The British Virgin Islands.

Michael Alliston, Esq.  Michael Alliston is a solicitor in the London office of Herbert Smith Freehills LLP. He advises on a range of corporate tax matters including mergers and acquisitions, corporate reorganizations, general finance and capital markets transactions. He also has particular experience in real estate and investment fund transactions and much of his work involves a cross-border element. Michael regularly advises clients on the transactional implications of FATCA from a UK law perspective and presents externally on the subject. Contribution includes chapter 24: U.K.-U.S. Intergovernmental Agreement and Its Implementation.

Maarten de Bruin, Esq. Maarten de Bruin advises on domestic and international tax aspects of commercial and (structured) finance transactions for Stibbe Simont. Maarten joined Stibbe’s tax department in 1989 and moved to the New York office in 1993 where he became partner in 1997. While in New York he graduated from New York University (tax LLM) and spent 6 months in the tax department of Cravath Swaine & Moore. He returned to the Amsterdam office of Stibbe in 1999 where he focused on clients in the industrial and real estate sector. His clients include Accor, Tata, APG and Super de Boer. Contribution includes chapter 30: Exchange of Tax Information and Impact of FATCA for the Netherlands.

Jean-Paul van den Berg, Esq. Jean-Paul van den Berg is a tax partner of Stibbe Simont whose areas of expertise include the application of tax treaties and EU law, major public and private cross-border mergers and acquisitions, private equity transactions (fund formation and investments), tax structuring, structured finance, debt restructuring, and corporate reorganizations. He is a regular speaker and author of articles in his practice area. He is currently based in our Amsterdam office. Previously, from 2008–2012 he was the resident tax partner in Stibbe’s New York offices and from 2002–2005 he was based in Stibbe’s London office. Contribution includes chapter 30: Exchange of Tax Information and Impact of FATCA for the The Netherlands.

Prof. William H. Byrnes, Esq.  William Byrnes has achieved authoritative prominence with 30 book and compendium volumes, 97 book & treatise chapters and book supplements, 1,000 articles, and the monthly subscription Tax Facts Intelligence available via Lexis.com. He is the author of several Lexis multi-volume publications including Foreign Tax & Trade Briefs; Tax Havens of the World; Money Laundering, Asset Forfeiture and Recovery, and Compliance—A Global Guide, and a Practical Guide to U.S. Transfer Pricing. Professionally, William Byrnes was a Senior Manager then Associate Director of international tax for Coopers and Lybrand based in its Johannesburg office. Academically, William Byrnes obtained the title of tenured law professor in 2005 at St. Thomas University and in 2008 the level of Associate Dean at Thomas Jefferson School of Law. William Byrnes pioneered online legal education in 1995, and established the first online LL.M. offered by an ABA accredited law school.  The International Tax & Financial Services graduate program enrolls approximately 200 professionals annually pursuing a Master or Doctorate.

Amanda Castellano, Esq. Amanda Castellano, an attorney working on tax, business, nonprofit and estate planning matters spent three years as an auditor with the Internal Revenue Service. She is currently a tax consultant based in Portland, Oregon. She graduated summa cum laude from Thomas Jefferson School of Law, where she served as Chief Notes Editor on the Thomas Jefferson Law Review. Contribution includes chapter 1: Introduction (Accidental American).

Luzius Cavelti, Esq. Luzius obtained his law degree from the University of Fribourg, Switzerland. He is qualified as certified tax expert (specialization in international tax) and holds an LL.M. degree from the Columbia School of Law. Luzius is admitted to the bar in Zurich and works as associate at Tappolet & Partner in Zurich. Luzius is specialized in international and domestic tax law. Contribution includes chapter 23: Switzerland-U.S. Intergovernmental Agreement and Its Implementation.

Peter Cotorceanu, Esq. Peter Cotorceanu is the Head of Product Management for Trusts and Foundations at UBS AG in Zurich. He was previously UBS’s Head of Wealth Structuring Consulting for UHNW clients in Zurich. In his current role, Peter is responsible for UBS’s FATCA compliance for trusts, foundations, and other fiduciary structures. Before joining UBS, Peter practiced law for over 20 years, both in Switzerland and the U.S., most recently at Baker & McKenzie Zurich. His practice concentrated on trust and estate planning and transfer taxes. Peter was also a law professor for a number of years at Washburn University School of Law, Topeka, Kansas and (as an adjunct) at the Marshall-Wythe School of Law, College of William and Mary, in Williamsburg, Virginia.  Peter is a former member of the Board of Governors of Virginia State Bar’s Trusts and Estates Section, as well as the Kansas Judicial Council’s Probate Advisory Committee and Estate Tax Advisory Sub-Committee.  Peter is admitted to practice in New Zealand as well as in Maryland and Virginia. He has an LL.B. (Hons) from Victoria University, Wellington, New Zealand, a J.D. (With Distinction) from Duke University, Durham, North Carolina, and an Executive LL.M. (Tax) from the New York University School of Law.  Peter is certified as a Trusts and Estates Practitioner (TEP) by STEP, and is a member of the International Bar Association and International Tax Planning Association, among other professional organizations.  Contribution includes chapter 9: FATCA and the Offshore Trust Industry.

Bruno Da Silva, LL.M.  Bruno da Silva works at Loyens & Loeff, European Direct Tax Law team, is a tax treaty adviser for the Macau special administrative region of the People’s Republic of China, and is also a researcher at the Amsterdam Centre for Tax Law of the University of Amsterdam. He lectures at different institutions such as the University of Leiden, University of Amsterdam, International Bureau of Fiscal Documentation (IBFD), Universidade Católica Portuguesa and IBDT (Brazil). He obtained an LL.M. in International Tax Law and he is currently pursuing his Ph.D. Contribution includes chapter 17: European Union Cross Border Information Reporting; and chapter 18: The OECD Role On Exchange Of Information: The TRACE Project, FATCA, and Beyond.

Prof. J. Richard Duke, Esq.  Richard Duke,  attorney, is  a member of the Alabama and the Florida Bar, specializing over forty years in income and estate tax planning and compliance, as well as asset protection, for high net wealth individuals. He served as Counsel to the Ludwig von Mises Institute for Austrian Economics 1983–1989 and a Fellow and Honorary Legal Scholar of the International Academy of Tax Advisors. Over his career he has served on numerous American Bar Association Committees and written many articles for legal and financial publications, several books, and was named to the list of “Top 100 Attorneys” in the U.S., Worth magazine, December 2005-2008. He is a Professor of Law of the LL.M. International Tax Program of Thomas Jefferson School of Law, San Diego, California and was an Adjunct Professor of Law at the Cumberland School of Law of Samford University International for Tax and Asset Protection Planning from 1983–1999. Contribution includes chapter 10: Withholding and Qualified Intermediary Reporting, chapter 11: Withholding and FATCA, chapter 12: “Withholdable” Payments, and chapter 13: Determining and Documenting the Payee.

Dr. Jan Dyckmans, Esq.  Jan Dyckmans is a German attorney at Flick Gocke Schaumburg in Frankfurt am Main, Germany where advises clients on corporate tax law in general and on international tax law matters in particular. He studied law at the University of Würzburg, Germany, where he was awarded his doctorate in 2008.  Contribution includes chapter 19: Exchange of Tax Information and Impact of FATCA for Germany.

Umurcan Gago, Esq., Umurcan Gago is a partner of PwC Turkey. He is a member of the Istanbul Bar and an Independent Chartered Accountant and Financial Advisor. Umurcan is specialised in cross border financial transactions, financial structures/products, conventional and structured financial products, investment banking products, international tax planning, securities law related matters, and financial structuring.   Contribution includes chapter 33: Exchange of Tax Information and the Impact of FATCA for Turkey.

Dr. F. Alfredo García Dr. F. Alfredo García is professor of Financial and Tax Law at the University of Valencia and Jean Monnet Chair of EU Law and Taxation. He is professor of European Taxation at Thomas Jefferson School of Law in California, and has been visiting professor at the Universities of London, Harvard, Leiden, Leuven, Bergamo and Georgetown.  Contribution includes chapter 28: Spain-U.S. Intergovernmental Agreement and its Implementation.

Dr. Valcir Gassen Dr. Valcir Gassen is a Professor of Federal University of Brasilia (UnB), participating with the support CAPES Foundation, Ministry of Education of Brazil. His hold a law degree from the University of Northwest of State of Rio Grande do Sul; an LL.M. from the Federal University of Santa Catarina; Ph.D. from the Federal University of Santa Catarina and Post-doctoral research from the University of Alicante, Spain. He coordinates since 2009 the Research Group in State, Constitution and Tax Law, with undergraduate and graduate students in UnB. Contribution includes chapter  25: Exchange of Tax Information and the Impact of FATCA for Brazil.

Arne Hansen Arne Hansen is a legal trainee of the Hanseatisches Oberlandesgericht (Higher Regional Court of Hamburg), Germany and previously undertook his stage at the Frankfurt office of Flick Gocke Schaumburg. He studied law at the University of Bayreuth, Germany, and the Victoria University of Wellington, New Zealand. He further completed an additional qualification in economics with the focus on finance and taxation at the University of Bayreuth. He is finalizing his doctoral thesis on a topic of international tax law with special regard to double tax treaties. Contribution includes chapter 20: Exchange of Tax Information and Impact of FATCA for Germany.

Mark Heroux, J.D. Mark Heroux, Principal in the Tax Services Group at Baker Tilly Virchow Krause, LLP, joined the firm in 2008. He has more than 25 years of tax litigation, technical, and program management experience. Mark began his career in 1986 with the IRS Office of Chief Counsel, and left public service in 2000. Mark specializes in IRS procedures including the withholding requirements of the US Internal Revenue Code, and dispute resolution including transfer pricing and the negotiation of Advance Pricing Agreements. He leads the IRS Practice and Procedures group, and has provided tax and business advisory services to large and mid-size financial institutions, and high net worth individuals. Contribution includes chapter 26: Exchange of Tax Information and Impact of FATCA for the The British Virgin Islands.

Véronique Hoffeld, Esq. Véronique Hoffeld, attorney-at-law, is a member of the Management Committee of Loyens & Loeff Luxembourg and heads the Luxembourg Commercial and Litigation department.  She can be considered as a generalist lawyer, whose activities cover matters in the areas of commercial law (negotiation of contracts), litigation and arbitration, bankruptcy & restructuring, IP law, real estate law, environment law, E-commerce and new technologies. Véronique is also occasionally involved in maritime and administrative law matters.  Prior to joining Loyens & Loeff Luxembourg, Véronique worked for more than 10 years in another important Luxembourg law firm at which she was made partner in 2003. Véronique is a member of the Luxembourg Bar since 1996.  Contributions include chapter 31: Exchange of Tax Information and Impact of FATCA for Luxembourg.

Rob. H. Holt, Esq. Rob H. Holt is a practicing attorney of thirty years licensed in New York and Texas representing real estate investment companies, university professors, and a variety of other business owners in the formation of their entities, business contracts, and distribution and channel documentation. He is currently completing his LL.M. in Taxation from Thomas Jefferson School of Law. Rob and his wife of 29 years live in College Station/Bryan, Texas. He is an avid, amateur ballroom dancer and loves the waltz, foxtrot, and tango. Contribution includes chapter 7: Foreign Financial Institutions.

Rajul Jain Rajul Jain is Senior Manager at PricewaterhouseCoopers Pvt. Ltd, India (PwC). He has more than 11 years of  International professional experience which involves proactively leading global teams and providing Financial and Strategic analysis, advice on RBI and Regulatory frameworks,  Designing  Compliance frameworks, Project management  advice and performing Enterprise risk reviews. Contribution includes chapter 34 Exchange of Tax Information and Impact of FATCA for India.

Richard Kando, CPA  Richard Kando, a Certified Public Accountant (New York) is a Director at Navigant Consulting. Richard specializes in forensic accounting and compliance matters relating to Government investigations, anti-money laundering and the Foreign Account Tax Compliance Act (“FATCA”). Richard is a leader of Navigant’s FATCA task force. Previously, Richard served as a Special Agent with the IRS Criminal Investigation Division where he received the U.S. Department of Justice—Tax Division Assistant Attorney General’s Special Contribution Award. Contribution includes chapter 2: Practical Considerations for Developing a FATCA Compliance Program.

Denis Kleinfeld, Esq., CPA. Denis Kleinfeld is Of Counsel to Fuerst Ittleman David & Joseph, PL, in Miami, Florida and a Professor of Law of the LL.M. International Tax Program of Thomas Jefferson School of Law, San Diego, California. The author of chapters in prominent legal publications, he has written extensively in professional and general circulation magazines and publications on a wide variety of tax, insurance, estate planning, treaty planning, domestic and international asset protection, and investment issues as well as observations on relevant political, social and economic issues. Mr. Kleinfeld is the founder of, and now serves as co-chairman for, the Florida Annual Wealth Protection Conference and is a speaker at a wide variety of professional conferences, seminars, and symposiums in the United States and around the world. After obtaining his B.S. degree in Accountancy from the University of Illinois in 1967 and obtaining his license as a Certified Public Accountant, Mr. Kleinfeld enrolled at the Loyola University of Chicago School of Law, graduating in 1970. He was admitted to the Illinois Bar in 1970 and was employed as an attorney with the Internal Revenue Service in the Estate and Gift Tax Division for four years before going into private practice. Mr. Kleinfeld has been a member of the Florida Bar since 1983, and is also a member of the Florida Institute of Certified Public Accountants, the American Bar Association, and the American Institute of Certified Public Accountants. Contribution includes chapter 1: Introduction and chapter 5: FBAR & 8938 FATCA Reporting.

Richard L. Knickerbocker, Esq. Richard L. Knickerbocker is the senior partner in the Los Angeles office of the Knickerbocker Law Group. He is the former City Attorney of the City of Santa Monica. He was designated Super Lawyer five years running by Los Angeles magazine, made numerous television appearances and has extensive publications. He has taught law in various colleges and law schools and is a certified civil trial advocate and appellate specialist. He graduated from the University of Southern California Gould School of Law with both a J.D. and an LL.M. degree. Contributions include chapter 11: Withholding and FATCA and chapter 13: Determining and Documenting the Payee.

Saloi Abou-Jaoude’ Knickerbocker  Saloi Abou-Jaoude’ Knickerbocker is a Legal Administrator in the Los Angeles office of the Knickerbocker Law Group. She holds LL.M. (Summa Cum Laude) in International Taxation and Financial Services has earned her J.D. (Summa Cum Laude). She has concentrated her practice and research on shari’a finance. She has published Shari’a Finance: Rapid Expansion With the Islamic Golden Age—Some International Taxation Implications in the TaxTalk Magazine (South Africa).  Contributions include chapter 11: Withholding and FATCA and chapter 13: Determining and Documenting the Payee.

Shinjini Kumar Shinjini Kumar is Executive Director at PricewaterhouseCoopers Pvt. Ltd, India (PwC). She is the Sector leader for Banking and Capital Markets and also heads Financial Services regulatory practice at PwC India. Prior to joining PwC in 2010, Shinjini has held senior positions at the Reserve Bank of India (RBI) and Bank of America-Merill Lynch. Her vast experience with the regulator and industry gives her the distinctive opportunity to engage with the industry, media and policy makers on important issues affecting the industry. Contribution includes chapter 34 Exchange of Tax Information and Impact of FATCA for India.

Mathias M. Link, Esq., LL.M.  Mathias Link is a counsel in the Frankfurt office of Hengeler Mueller. He is qualified as German attorney-at-law and tax consultant, holds an LL.M. degree from Columbia University and is also admitted to the New York bar. He advises corporate clients, banks and financial services institutions on a variety of tax matters including mergers and acquisitions, reorganizations, finance and capital markets transactions. He has particular expertise in the structuring of private equity, real estate and investment fund transactions and his main focus is on international tax aspects. Mathias regularly advises clients on the implications of FATCA from a German law perspective.  Contribution includes chapter 19: Germany.-U.S. Intergovernmental Agreement and Its Implementation.

Jinghua Liu, JD Jinghua Liu is a partner in the Tax group at Baker & McKenzie and is based in the Beijing office. She heads the tax dispute resolution practice in China. She joined Baker & McKenzie in 2004 and has been practicing China tax law since then. She is a frequent speaker at international tax conferences on PRC taxation and international tax planning, and authored and co-authored various articles in leading tax publications. Chambers Asia Pacific lists her as one of the recommended lawyers for tax in 2011 and 2012.  Contribution includes chapter 29: Exchange of Tax Information and Impact of FATCA for China.

Jeffrey Locke, Esq. Jeffrey Locke is Director at Navigant Consulting. At Navigant, he is a leader of the FATCA Task Force and has drafted numerous white papers and articles concerning the practical implementation of FATCA. Prior to joining Navigant, he served as an assistant New York state attorney general in the Criminal Prosecutions Bureau, worked in the prosecutor’s office for the United Nations in Kosovo and was an assistant public defender in Philadelphia. He received his law degree from Columbia Law School. Mr. Locke recently contributed a chapter to the book “International Prosecutors” published by Oxford University Press. Contribution includes chapter 2: Practical Considerations for Developing a FATCA Compliance Program.

Josh Lom  Josh works at Herbert Smith Freehills LLP having graduated from Oxford University. Contributions include chapter 24: UK-U.S. Intergovernmental Agreement and Its Implementation.

Jason R. Miller  Jason R. Miller recently spent the summer as a stagier at PwC Istanbul working with Umurcan Gago to author several chapters on Turkey for Lexis publications.  He will graduate in 2014 from Thomas Jefferson School of Law with his Juris Doctorate specializing in Global Legal Studies and Business Law.  Jason has a BS in Business Administration from California Polytechnic State University, San Luis Obispo, with a concentration in Human Resources.  He has contributed to publications for LexisNexis and Wolters Kluwer, including chapters on Company Law, AML, FATCA, and Foreign Tax and Trade Briefs.  Jason is an Editor of the Thomas Jefferson Law Review.   Contribution includes: chapter 33 Exchange of Tax Information and the Impact of FATCA for Turkey.

Dr. Robert J. Munro Dr. Robert Munro is the author of 35 published books including Lexis’ three volume Tax Havens of the World, two volume Foreign Tax & Trade Briefs, and Money Laundering, Asset Forfeiture and Recovery, and Compliance—A Global Guide. He is a Professor of the International Tax & Financial Services Graduate Program of Thomas Jefferson School of Law, San Diego, California. A former Law Librarian at University of Florida College of Law, Dr. Munro was the Director of the Center for International Financial Crimes Studies at UF and continues as a Senior Research Fellow and Director of Research for North America of CIDOEC at Jesus College, Cambridge University, England. He has addressed audiences at Cambridge University, the University of Florida, the University of London, the CIA and the U.S. State Department and created, organized and chaired over twenty conferences in Miami, Aruba, Curacao, the Bahamas, Washington, D.C., New York City, Cambridge, England and San Francisco.

Rachel O’Toole  Rachel O’Toole BA, LL.B, BL, is a barrister-at-law licensed in Ireland and holds the Master of Laws, International Taxation & Financial Services (Thomas Jefferson School of Law, San Diego). She practices a wide range of civil litigation. Besides her role as trial advocate, her work includes advice in financial and debt related issues, planning law compliance, implementation and compliance of European environmental law, and construction and contract disputes. She is an accredited civil and commercial mediator. She has researched and presented papers on current and emerging areas of financial law and compliance facing practitioners in Ireland. Contribution includes Chapter 20: Ireland-U.S. Intergovernmental Agreement and Its Implementation.

Dr. Maji C. Rhee  Maji C. Rhee is a professor of Waseda University located in Tokyo, Japan where she teaches courses on language and legal communications. Rhee received her Ed.D. from Rutgers, her LL.M. in International Taxation & Financial Services from Thomas Jefferson School of Law and is currently finishing her J.S.D. dissertation on transfer pricing in Japan. Contribution includes chapter 21: Japan-U.S. Intergovernmental Agreement and Its Implementation.

Jean Richard, Esq. Jean Richard, a Canadian attorney, previously worked for the Quebec Tax Department, as a Senior Tax Manager with a large international accounting firm and as a Tax & Estate consultant for a pre-eminent Canadian insurance company. He is currently the Vice President and Sr. Wealth Management Consultant of the BMO Financial Group. He completed a LL.L. at University of Montreal, was admitted to the Quebec Bar Association in 1981. He also completed the Canadian ‘In Depth Tax Course’ (Canadian Institute of Chartered Accountant), a Master in International Taxation with the Australian School of Taxation (ATAX), University of New South Wale, Sydney, Australia and a LL.M. in International Tax and Financial Services (International Taxation) with the Thomas Jefferson School of Law. He is a licensed financial planner and financial security advisor.  Contribution includes chapter 27: Exchange of Tax Information and Impact of FATCA for Canada.

Michael J. Rinaldi, II, CPA.  Mr. Rinaldi represents U.S. and foreign institutions and families in a broad range of advisory activities including private equity real estate opportunity funds, with regard to formation, acquisitions, operations, dispositions and development of significant properties and portfolios. He is a Professor in the graduate international tax law program at Thomas Jefferson School of Law, where he teaches on Trusts, Private Equity Funds and Tax Treaties. Professor Rinaldi has authored several publications for Kluwer Law International, Jordan’s and LexisNexis. He is licensed as a certified public accountant in the District of Columbia and is a member of the International Tax Planning Association (ITPA), the Society of Trust and Estate Practitioners (STEP) and the American Bar Association, Tax Section-Partnership and US Activities of Foreigners & Tax Treaties Committees. He holds graduate degrees in accounting and tax law (both US and International). Contributions includes chapter 6: Determining U.S. Ownership Under FATCA; chapter 7: Foreign Financial Institutions; and chapter 8: Non-Financial Foreign Entities.

Edgardo Santiago-Torres, Esq. Edgardo Santiago-Torres is an attorney at law, principal of Santiago Law Group, LLC, and of counsel of the Knickerbocker Law Group, representing individuals and entities in corporate, taxation, and estate planning litigation. Mr. Santiago is also a Certified Public Accountant and a Chartered Global Management Accountant, pursuant to the AICPA and CIMA rules and regulations, admitted by the Puerto Rico Board of Accountancy to practice Public Accounting in Puerto Rico. He holds an LL.M. in International Taxation and Financial Services (highest honors) and a Juris Doctor (honors) of the University of Puerto Rico School of Law.  Contributions include chapter 11: Withholding and FATCA and chapter 13: Determining and Documenting the Payee.

Hope M. Shoulders, Esq.  Hope M. Shoulders is a licensed attorney in the State of New Jersey. She is currently consulting for a major insurance company assisting with their implementation of FATCA. She is also an adjunct professor for the Thomas Jefferson School of Law. She  previously worked for General Motors, National Transportation Safety Board and the Department of Commerce. She completed her LL.M. in International Taxation from Thomas Jefferson School of Law in San Diego, California. She is a contributor of numerous articles and completed her thesis on OECD transfer pricing and business restructuring. She earned her J.D. and her MBA from the University of Tennessee and a Bachelors of Science from the University of Virginia. Contribution includes chapter 10: FATCA and the Insurance Industry.

Jason Simpson, LL.M., CRA, CCA  Jason Simpson is the Director of the Miami office for Global Atlantic Partners, overseeing all operations in Florida, the Caribbean and most of Latin America. He has worked previously as a bank compliance employee and advisor at various large and mid-sized financial institutions over the past ten years. He has been a key component in the removal of Cease and Desist Orders as well as other written regulatory agreements within a number of Domestic and International Banks, and designed complete AML/BSA units for domestic as well as international banks with over ten million accounts. He is an Adjunct Faculty Member of Thomas Jefferson School of Law for Compliance, AML and Fraud, where he holds a Master of Laws in International Taxation with a concentration specialized in Anti-Money Laundering, Anti-Terrorist Financing and Compliance. Through various online venues, he creates and teaches specialized webinars in both English and Spanish focused compliance. Contribution includes chapter 3: FATCA Compliance and Integration of Information Technology; and chapter 4: Financial Institution Account Remediation.

Dr. Alberto Gil Soriano, Esq. Alberto Gil Soriano is a Spanish attorney who holds a Ph.D. in Tax Law at University of Bologna (Italy), LL.M. in International Taxation and Financial Services at Thomas Jefferson School of Law in San Diego (California) and is Law degree from the University of Valencia (Spain). He has worked at the University of Valencia, at the European Commission’s Anti-Fraud Office in Brussels, and most recently at the Legal Department of the International Monetary Fund’s Financial Integrity Group in Washington, D.C. He currently works at the Fiscal Department of Uría Menéndez Abogados, S.L.P in Barcelona (Spain). Contributions include chapter 1: Introduction and chapter 15: Framework of Intergovernmental Agreements.

Krisztina Szombathy, Esq.  Krisztina Szombathy joined the Commercial & Litigation Department of Loyens & Loeff Luxembourg in October 2013.  She specializes in dispute resolution, and advises on commercial and civil law. Her areas of expertise also include European law, energy law and intellectual property. Before joining Loyens & Loeff, Krisztina acquired experience in legal drafting, notably in European and energy law matters during an internship at the European Court of Justice in Luxembourg.  Krisztina has been a member of the Luxembourg Bar since spring 2013.  Contributions include chapter 31: Exchange of Tax Information and Impact of FATCA for Luxembourg.

Debora de Souza Correa Talutto  Debora de Souza Correa Talutto is the International Transfer Pricing Manager at Temenos Banking Software Co., and a professor of international transfer pricing at Thomas Jefferson School of Law International Tax graduate program.  She is a sought after Brazilian tax authority, having authored the Brazilian chapter of LexisNexis’ Foreign Tax and Trade Briefs, the Brazilian chapter of Lexis’ Anti Money Laundering, Asset Forfeiture, & Recovery Guide, and most recently the Cost Sharing Arrangement chapter of Lexis’ Practical Guide to U.S. Transfer Pricing.    Ms. Talutto previously served as a tax consultant at Deloitte (Brazil) before earning her LL.M. in International Tax from University of Florida.  She holds an MBA, an LL.B. (Brazil), as well as a post-graduate degree in Brazilian taxation.  Contributions include chapter 25: Exchange of Tax Information and Impact of FATCA for Brazil.

Andrey Tereschenko, Esq.  Andrey Tereschenko is a tax partner in the Moscow office of Pepeliaev Group LLC. He focuses on tax law and has a high level of expertise in providing advice to major Russian and foreign companies on a wide range of tax issues but especially the implementation of compensation tax arrangements. Andrey has participated in projects to set up businesses in Russia, including assessment of the tax environment in the chosen business region, investment agreements with regional authorities and tax support for due diligence. Andrey has been directly involved in tax structuring of investment projects, particularly in the sphere of construction, land and real estate acquisition. Contributions include chapter 32: Exchange of Tax Information and Impact of FATCA for Russia.

Lily L. Tse, CPA.  Ms. Tse, a partner of Rinaldi & Associates (Washington, D.C.), represents US and foreign real estate private equity funds and property owners with regard to financial reporting and international tax matters. Her area of practice includes real estate development and leasing, joint ventures, consolidations and mezzanine financing. She has significant experience in U.S. withholding issues effecting foreign partnerships and trusts. Ms. Tse also heads the firm’s audit practice specializing in the development and operation of multi-family housing. Ms. Tse has been qualified as an expert witness in Federal Court, providing testimony in the area of real estate financing. Ms. Tse is licensed as a certified public accountant in the District of Columbia and holds graduate degrees in business and taxation. Contributions include chapter 7: Foreign Financial Institutions.

Dr. Oliver Untersander, Esq.  Oliver Untersander obtained his law degree and his PhD from the University of Zurich. Her holds a LL.M. from the New York University (international tax) and is admitted to the bar in Zurich (Switzerland). He is partner at Tappolet & Partner in Zurich. He is experienced in Swiss and international corporate taxation, corporate reorganizations and tax litigation. Contribution includes chapter 23: Switzerland-U.S. Intergovernmental Agreement and Its Implementation.

Mauricio Cano del Valle, Esq.  Mauricio Cano del Valle is a Mexican attorney who has previously worked for the Mexican Ministry of Finance (Secretaría de Hacienda),  Deloitte Mexico and the Amicorp Group. He is the founding partner of Brook & Cano SC, a Mexican boutique Law Firm, specializing on private clients, HNWI, UHNWI, their families and their businesses. Mauricio has been a professor at both the undergraduate and the graduate level at ITAM, the author of the book “Game Theory and Tax Evasion” published in Mexico in 2006, and the most recently published paper on “Game Theory and Minimum Taxes” included as part of a book on “Game Theory and Contemporary Law” published in Mexico in 2009. He holds a Law Degree, a Masters Degree in Law and Economics, and an MBA. Contribution includes chapter 22: Mexico-U.S. Intergovernmental Agreement and Its Implementation.

Janneke Versantvoort  Janneke Versantvoort is an international tax specialist and a member of the general tax practice at Loyens & Loeff Luxembourg. She is specialized in international tax law, focusing on advising multinational clients on cross-border transactions, group restructurings, project financing and transfer pricing. She worked for three years at the Loyens & Loeff Rotterdam office and is seconded to the Luxembourg office for two years.  Janneke is a member of the Dutch Association of Tax Advisers (NOB) and a member of the Young IFA in Luxembourg.  Contributions include chapter 31: Exchange of Tax Information and Impact of FATCA for Luxembourg.

John Walker, Esq.  John M. Walker, Esq., LL.M., is an international tax attorney who earned his LL.M. in International Taxation and Financial Services. He focuses on international tax compliance for high-net worth individuals as well as foreign trust compliance and structuring under the Foreign Account Tax Compliance Act (FATCA). He is Of Counsel to Duke Law Firm, P.C., and Michael Rinaldi & Co, LLP . Contributions include chapter 6: Determining U.S. Ownership Under FATCA, chapter 12: FATCA Withholding Compliance, chapter 13: “Withholdable” Payments Under FATCA, and chapter 14: Determining and Documenting the Payee.

Prof. Bruce Zagaris, Esq.  Bruce Zagaris is a partner at the Washington, D.C. law firm Berliner, Corcoran & Rowe, LLP, where he practices tax controversy and international criminal law, including representing individuals on voluntary disclosures, audits, and litigation as well as consulting and serving as an expert witness. He represents foreign governments, including helping negotiate treaties. He is an adjunct law professor of the LL.M. in International Taxation and Financial Services at Thomas Jefferson School of Law in San Diego. Mr. Zagaris is founder and editor of the International Enforcement Law Reporter (www.ielr.com). He is the author of International White Collar Crime (Cambridge U. Press 2010). Contribution includes chapter 15: Analysis of Current Intergovernmental Agreements.

Qiguang (Hardy) Zhou, LL.M., CPA  Qiguang (Hardy) Zhou works in the Tax group at Baker & McKenzie and is based in the Shanghai office. He obtained an LL.M. in International Tax Law. Contribution includes chapter 29: Exchange of Tax Information and Impact of FATCA for China.

Chapter 1 Background and Current Status of FATCA
Chapter 2 Practical Considerations for Developing a FATCA Compliance Program
Chapter 3 FATCA Compliance and Integration of Information Technology
Chapter 4 Financial Institution Account Remediation
Chapter 5 FBAR and Form 8938 Reporting and List of International Taxpayer IRS Forms
Chapter 6 Determining U.S. Ownership of Foreign Entities
Chapter 7 Foreign Financial Institutions
Chapter 8 Non-Financial Foreign Entities
Chapter 9 FATCA and the Offshore Trust Industry
Chapter 10 FATCA and the Insurance Industry
Chapter 11 Withholding and Qualified Intermediary
Chapter 12 FATCA Withholding Compliance
Chapter 13 ”Withholdable” Payments
Chapter 14 Determining and Documenting the Payee
Chapter 15 Framework of Intergovernmental Agreements
Chapter 16 Analysis of Current Intergovernmental Agreements
Chapter 17 European Union Cross Border Information Reporting
Chapter 18 The OECD Role in Exchange of Information: The Trace Project, FATCA, and Beyond
Chapter 19 Germany-U.S. Intergovernmental Agreement and its Implementation
Chapter 20 Ireland-U.S. Intergovernmental Agreement and its Implementation
Chapter 21 Japan-U.S. Intergovernmental Agreement and its Implementation
Chapter 22 Mexico-U.S. Intergovernmental Agreement and its Implementation
Chapter 23 Switzerland-U.S. Intergovernmental Agreement and its Implementation
Chapter 24 The United Kingdom-U.S. Intergovernmental Agreement and its Implementation
Chapter 25 Exchange of Tax Information and the Impact of FATCA for Brazil
Chapter 26 Exchange of Tax Information and the Impact of FATCA for The British Virgin Islands
Chapter 27 Exchange of Tax Information and the Impact of FATCA for Canada
Chapter 28 Exchange of Tax Information and the Impact of FATCA for Spain
Chapter 29 Exchange of Tax Information and the Impact of FATCA for China
Chapter 30 Exchange of Tax Information and the Impact of FATCA for Netherlands
Chapter 31 Exchange of Tax Information and the Impact of FATCA for Luxembourg
Chapter 32 Exchange of Tax Information and the Impact of FATCA for Russia
Chapter 33 Exchange of Tax Information and the Impact of FATCA for Turkey
Chapter 34 Exchange of Tax Information and the Impact of FATCA for India