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William Byrnes (Texas A&M) tax & compliance articles

Archive for January, 2015

Two Powerhouses Announce Joint International Tax LLM

Posted by William Byrnes on January 27, 2015


Logo Starting September 2015, University of Amsterdam will offer an Advanced LL.M. of International Taxation in English, limited to just 25 annual candidates from around the world.  Applications for one of these seats are open until April.

Renown international tax academic and lawyer Dr. Dennis Weber shared with the Financial Law Prof: “The Advanced LL.M. of International Tax Lawis a full-time, one-year program.  The curriculum covers both the established framework of international tax law and emerging issues. A fundamental premise is that a proper understanding of this area of the law requires studying both the “big picture” and the technicalities.”

Weber-dennis-hoogleraar-fdr-fotograaf-gerth-van-roden-web“Moreover”, he continued, “the OECD BEPS project is on every tax counsel’s mind, and such discussions normally involve The Netherlands because, as a business friendly jurisdiction for fifty years, it has attracted multinational operations, employment and tax revenue using a ‘carrot’ policy.  Other countries are competing for multinationals’ operations, employment and tax revenue with a ‘stick’ policy of imposing high compliance costs to dissuade international activities.  The next five years will be an interesting time as the G20 goes head to head to try to peel away these operations and tax revenue from each other.”

“The IBFD is very excited about joining forces with the University of Amsterdam to create an LLM with a teaching programme that is based firmly on the research activities of both institutions and offers a combined theoretical and practical analysis of international tax law.” elaborated Prof. Dr Pasquale Pistone, Chair of the IBFD’s Academic Committee.

“There has never been a more exciting time to study international tax law than now” continued Dr. Joanna Wheeler, “the topic is firmly on the public agenda and you can see the whole field developing before your eyes just by reading the news.”

“I am delighted that the longstanding relationship between the UvA and IBFD has resulted in such a promising LLM programme, a programme that takes a holistic and policy-oriented view to taxation and that perfectly fits the current era.” said Prof. Dr Stef van Weeghel.  Dr. Weber added, “Studying international tax law in one of the most relaxed cities in the world: a perfect combination.”

Prof. William Byrnes iterated “Dr. Dennis Weber has developed a game changer in Europe with his international tax program, combining the academic quality of University of Amsterdam with the industry reputation of the IBFD.”

Learn more about international students studying in Amsterdam via YouTube

 

Posted in Courses | Tagged: , , | Leave a Comment »

IRS Provides Obamacare Relief With Removal of Tax Penalties for Advanced Premium Tax Credit Payment

Posted by William Byrnes on January 27, 2015


Notice 2015-09 provides limited relief for taxpayers who have a balance due on their 2014 income tax return as a result of reconciling advance payments of the premium tax credit against the premium tax credit allowed on the tax return.

9dc30-6a00d8341bfae553ef01bb07b43355970d-piThis Notice provides limited relief for taxpayers who have a balance due on their 2014 income tax return as a result of reconciling advance payments of the premium tax credit against the premium tax credit allowed on the tax return. Specifically, this Notice provides relief from the penalty under § 6651(a)(2) of the Internal Revenue Code for late payment of a balance due and the penalty under § 6654(a) for underpayment of estimated tax. To qualify for the relief, taxpayers must meet certain requirements.  This relief applies only for the 2014 taxable year.

This relief does not apply to any underpayment of the individual shared responsibility payment resulting from the application of § 5000A because such underpayments are not subject to either the § 6651(a)(2) penalty or the §6654(a) penalty.

A taxpayer may receive assistance in paying premiums for coverage in a qualified health plan through advance payments of the premium tax credit. Advance credit payments are made directly to the insurance provider. The amount of the advance credit payments is determined when an individual enrolls in a qualified health plan through an Exchange and is based on projected household income and family size for the year of coverage. A taxpayer claims the premium tax credit on the income tax return for the taxable year of coverage. The amount of the credit is based on actual household income an family size for the year reflected on the tax return. Under § 36B(f)(2) and § 1.36B- 4(a)(1)(i) of the Income Tax Regulations, a taxpayer must reconcile, or compare, the amount of premium tax credit allowed on the tax return with advance credit payments.

Changes in the circumstances on which the advance credit payments are based could result in a difference between the amount of advance credit payments and the premium tax credit to which the taxpayer is entitled. If advance credit payments are more than the premium tax credit allowed on the return, the difference (excess advance payments) is treated as additional tax and may result in either a smaller refund or a larger balance due (or, if the premium tax credit allowed is more than the advance credit payments made, the excess credit amount may result in a larger refund or lower balance due).

Taxable year 2014 is the first year for which taxpayers will be required to reconcile advance credit payments with the premium tax credit.

The Service will abate the § 6651(a)(2) penalty for taxable year 2014 for taxpayers who (i) are otherwise current with their filing and payment obligations; (ii) have a balance due for the 2014 taxable year due to excess advance payments of the premium tax credit; and (iii) report the amount of excess advance credit payments on their 2014 tax return timely filed, including extensions (Line 46 of Form 1040 or Line 29 of Form 1040A).

Further, the Service will waive the § 6654 penalty for taxable year 2014 for an underpayment of estimated tax for taxpayers who have an underpayment attributable to excess advance credit payments if the taxpayers (i) are otherwise current with their filing and payment obligations; and (ii) report the amount of the excess advance credit payments on a 2014 tax return timely filed, including extensions.

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FINRA Changes Regulatory Priorities – Pushing “Best Interest of Client” in 2015 Over “Suitability Standard”

Posted by William Byrnes on January 26, 2015


read about it on International Financial Law Prof Blog

Posted in Compliance | Tagged: | Leave a Comment »

What’s WIth the Offshore Voluntary Disclosure Program’s “Non-Willful” Narratives?

Posted by William Byrnes on January 26, 2015


International Financial Law Prof Blog

the IRS’s 2015 versions of the two streamlined procedures OVDP forms (Form 14653 and Form 14654) require taxpayers to “provide a “narrative statement of facts” explaining their failure to disclose their offshore assets, or the agency …. read about it on International Financial Law Prof Blog

 

Posted in FATCA | Tagged: , | Leave a Comment »

Is Insider Trading Still a Crime after U.S. v Newman?

Posted by William Byrnes on January 26, 2015


read about it at International Financial Law Prof Blog and download the case.

Citing U.S. v. Newman, judge throws out insider trading guilty pleas over IBM deal, more insider trading cases expected to be dropped ….

 

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Premium Tax Credit Brings Changes to Your 2014 Income Tax Returns

Posted by William Byrnes on January 26, 2015


When filing your 2014 federal income tax return, you will see some 457c5-6a00d8341bfae553ef01b7c7029b32970b-pichanges related to the Affordable Care Act. Millions of people who purchased their coverage through a health insurance Marketplace are eligible for premium assistance through the new premium tax credit, which individuals chose to either have paid upfront to their insurers to lower their monthly premiums, or receive when they file their taxes. When you bought your insurance, if you chose to have advance payments of the premium tax credit, the Marketplace estimated the amount based on information you provided about your expected household income and family size for the year.

If you received the benefit of advance credit payments, you must file a federal tax return and reconcile the advance credit payments with the actual premium tax credit you are eligible to claim on your return.  You will use IRS Form 8962Premium Tax Credit (PTC) to make this comparison and to claim the credit. If your advance credit payments are in excess of the amount of the premium tax credit you are eligible for, based on your actual income, you must repay some or all of the excess when you file your return, subject to certain caps.

If you purchased your coverage through the Health Insurance Marketplace, you should receive Form 1095-A, Health Insurance Marketplace Statement from your Marketplace. You should receive this form by early February.

Form 1095-A will provide the information you need to file your taxes, including the name of your insurance company, dates of coverage, amount of monthly insurance premiums for the plan you and other members of your family enrolled in, amount of any advance payments of the premium tax credit for the year, and other information needed need to compute the premium tax credit.

Tax Facts on Individuals & Small Business

2014_tf_on_individuals_small_businesses-m_1Due to a number of recent changes in the law, taxpayers are currently facing many questions connected to important issues such as healthcare, home office use, capital gains, investments, and whether an individual is considered an employee or a contractor.  Financial advisors are continually looking for competitive information to help them provide the best answers for their clients and to obtain new clients.  National Underwriter’s Tax Facts series is the only resource written specifically for the financial advisor and producer providing fast, clear, and authoritative answers to pressing questions, and it does so in the convenient, timesaving, Q&A format for which Tax Facts is famous.

Anyone interested can try Tax Facts on Individuals & Small Business, risk-free for 30 days, with a 100% guarantee of complete satisfaction.  Call 1-800-543-0874.

Posted in Taxation | Tagged: , | Leave a Comment »

The FDIC Wants to Sell You a Failing Bank – Interested?

Posted by William Byrnes on January 20, 2015


The FDIC has opened an online market place to dispose of failing banks — read about it at International Financial Law Prof Blog.

The ability to bid applies to FDIC-insured financial institutions of any size that may be interested in acquiring a failing institution from the FDIC.

Posted in Compliance, Wealth Management | Tagged: | Leave a Comment »

Welcome this week from University of Amsterdam Centre for Tax Law

Posted by William Byrnes on January 19, 2015


Logo_uva1 Welcome from Amsterdam !  Each year the Amsterdam Centre for Tax Law (of the University of Amsterdam Law Faculty) organizes its Winter Course on International Tax Law.

This year theme is “Tax treaty application“.  The Winter Course on International Tax Law focuses on the practical problems of tax treaty application. It aims at bringing the participants’ knowledge up-to-date with recent OECD developments, major issues on tax treaty interpretation, as well as relevant case-law on tax treaties around the world.

Prof. Dennis Weber, Director of the ACTL,  has assembled a leading program faculty including Prof. Peter Watel(UvA) (who lectured me at a UvA tax student 23 year ago); Prof. Hein Vermeulen (UvA/PwC);  Prof. Stef van Weeghel (UvA/PwC); Prof. Bruno De Silva (UvA); Prof. Otto Marres (UvA/KPMG); Prof. Joanna Wheeler(IBFD/UvA); Jasper Arendse (Directorate of International Affairs Dutch Ministry of Finance); Melinda Brown (OECD); and myself, Prof. William Byrnes.

My topic examines the protocols, mechanisms and expanding scope of information exchange via bilateral and multilateral agreements.  FATCA, OECD CRS and Global Initiatives, EU Expanded Savings Directive EOI, TIEAs fall within this topic, as well as tax certification forms and validation, data collection, discernment and distribution.

The Amsterdam Centre for Tax Law (ACTL) is the tax law research centre of the University of Amsterdam. ACTL members conduct research into various subjects of tax law, with a strong emphasis on Corporate Taxation, International Tax Law and European Tax Law.

Posted in Courses, FATCA, information exchange, international taxation | Tagged: | Leave a Comment »

Federal Government After Decades Tries To Stop Local Authorities From Profiting on Asset Seizure Abuse Justified by Federal Law (But What About State Abuse)?

Posted by William Byrnes on January 19, 2015


Read the Notice sent to State Enforcement today, and links of previous coverage of this issue – at http://lawprofessors.typepad.com/intfinlaw/2015/01/federal-government-after-decades-tries-to-stop-local-authorities-from-profiting-on-asset-seizure-abu.html

 

01701_11_1_coverUse your Lexis subscription to access LexisNexis’ Money Laundering, Asset Forfeiture and Recovery and Compliance: A Global Guide – This treatise by William Byrnes with commentary and analysis of hundreds of AML experts from over 100 countries,  is designed to provide the compliance officer accurate analyses of the AML/CTF Financial and Legal Intelligence, law and practice in the nations of the world with the most current references and resources. This multi-volume treatise is organized around five main themes: 1. Money Laundering Risk and Compliance; 2. The Law of Anti-Money Laundering and Compliance; 3. Criminal and Civil Forfeiture; 4. Compliance and 5. International Cooperation.  As these unlawful activities can occur in any given country, it is important to identify the international participants who are cooperating to develop methods to obstruct these criminal activities.

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Luxembourg’s Amazon Deal is State Aid Because of Lack of Diligence, EU Commission Preliminary Conclusion

Posted by William Byrnes on January 16, 2015


EU Commission Will Calculate State Aid via a Transfer Pricing Audit of the Difference of the Ruling from an Arm’s Length Benchmark – See today’s decision links and analysis in article)

decision and analysis with links available at  http://lawprofessors.typepad.com/intfinlaw/2015/01/luxembourgs-amazon-deal-is-state-aid-because-of-lack-of-diligence-eu-commission-preliminary-conclusi.html

(78) While tax rulings that merely contain an interpretation of the relevant tax provisions without deviating from administrative practice do not give rise to a presumption of a selective advantage, rulings that deviate from that practice have the effect of lowering the tax burden of the undertakings concerned as compared to undertakings in a similar legal and factual situation. To the extent the Luxembourgish authorities have deviated from the arm’s length principle as regards the contested tax ruling, the measure should also be considered selective.

(79) Since the contested tax ruling fulfils all four conditions under Article 107(1) TFEU, the Commission takes the view, at this stage, that it constitutes State aid within the meaning of that provision.

 

practical_guide_book

Lexis’ Practical Guide to U.S. Transfer Pricing (2015), 28 chapters from 50 expert contributors (3,000 pages) led by international tax Professor William Byrnes,  is designed to help multinationals cope with the U.S. transfer pricing rules and procedures, taking into account the international norms established by the Organisation for Economic Co-operation and Development (OECD). It is also designed for use by tax administrators, both those belonging to the U.S. Internal Revenue Service and those belonging to the tax administrations of other countries, and tax professionals in and out of government, corporate executives, and their non-tax advisors, both American and foreign.

Posted in international taxation, Transfer Pricing | Tagged: , , | Leave a Comment »

Tax Season: Ready, Set, Go !

Posted by William Byrnes on January 16, 2015


IRS Starts 2015 Tax Season; Free File Opens Today, 

IRS YouTube Videos:

9dc30-6a00d8341bfae553ef01bb07b43355970d-piThe nation’s 2015 tax filing season begins today and a growing array of online services is available to assist taxpayers.  Understanding the Affordable Care Act and how this impacts a taxpayer will be a popular feature this year.

Taxpayers have until Wednesday, April 15, 2015 to file their 2014 tax returns and pay any tax due. The IRS expects to receive about 150 million individual income tax returns this year. Like each of the past three years, more than four out of five returns are expected to be filed electronically.

The IRS Free File program, available at IRS.gov, will open Friday for taxpayers, and the IRS will begin accepting and processing all tax returns on Tuesday, Jan. 20.

This year’s return will include new questions to incorporate provisions of the Affordable Care Act (or ACA). The majority of taxpayers – more than three out of four – will simply need to check a box to verify they have health insurance coverage. For the minority of taxpayers who will have to do more, www.IRS.gov/aca features useful information and tips regarding the premium tax credit, the individual shared responsibility requirement and other tax features of the ACA.

“Our employees will be working hard again this season to help the nation’s taxpayers,” IRS Commissioner John Koskinen said. “We encourage people to use the tools and information available on IRS.gov, particularly given the long wait times we anticipate on our phone lines. As always, taxpayers can benefit by filing electronically.”

Koskinen announced that taxpayers can begin preparing their returns using the Free File system on Friday, Jan. 16. Available only at IRS.gov, Free File offers two filing options:

• Brand-name software, offered by IRS’ commercial partners to about 100 million individuals and families with incomes of $60,000 or less; or

• Online fillable forms, the electronic version of IRS paper forms available to taxpayers at all income levels and especially useful to people comfortable with filling out their own returns.

E-file, when combined with direct deposit, is the fastest way to get a refund. More than three out of four refund recipients now choose direct deposit. People who e-file make fewer mistakes, and it costs nothing for those who choose Free File.  In all, 14 software companies will be participating in this year’s Free File program.

Taxpayers who purchase their own software can also choose e-file, and most paid tax preparers are now required to file their clients’ returns electronically. In addition to Free File, commercial software companies also are currently available for taxpayer use.

The IRS will begin accepting and processing all returns – whether e-file, Free File or paper tax returns — on Jan. 20.

Like last year, the IRS expects to issue more than nine out of 10 refunds within 21 days. Again, the fastest way to get a refund is to e-file and choose direct deposit. It takes longer to process paper returns, it will likely take an additional week or more to process paper returns meaning that those refunds are expected to be issued in seven weeks or more.

Health Care Basics

The Affordable Care Act requires that a taxpayer and each member of their family either has qualifying health insurance coverage for each month of the year, qualifies for an exemption , or makes an individual shared responsibility payment when filing their federal income tax return.  Some moderate-income taxpayers may also qualify for financial assistance to help cover the cost of health insurance purchased through the Health Insurance Marketplace. Taxpayers will fall into one or more of the following categories:

• Check the box. Most taxpayers will simply check a box on their tax return to indicate that each member of their family had qualifying health coverage for the whole year. No further action is required.

Qualifying health insurance coverage includes coverage under most, but not all, types of health care coverage plans. Taxpayers can use the chart on IRS.gov/aca to find out if their insurance counts as qualifying coverage.

• Exemptions. Taxpayers may be eligible to claim an exemption from the requirement to have coverage.  Eligible taxpayers need to complete the new IRS Form 8965, Health Coverage Exemptions, and attach it to their tax return.  Taxpayers must apply for some exemptions through the Health Insurance Marketplace. However, most of the exemptions are easily obtained from the IRS when filing a return.

• Individual Shared Responsibility Payment. Taxpayers who do not have qualifying coverage or an exemption for each month of the year will need to make an individual shared responsibility payment with their return for choosing not to purchase coverage. Examples and information about figuring the payment are available on the IRS Calculating the Payment page.

• Premium Tax Credit.  Taxpayers who bought coverage through the Health Insurance Marketplace should receive Form 1095-A, Health Insurance Marketplace Statement, from the Marketplace by early February. This form should be saved because it has important information needed to complete a tax return.

If the Form 1095-A is not received by early February, contact the Marketplace where coverage was purchased. Do not contact the IRS because IRS telephone assistors will not have access to this information.

Taxpayers who benefited from advance payments of the premium tax credit must file a federal income tax return. These taxpayers need to reconcile those advance payments with the amount of premium tax credit they’re entitled to based on their actual income. As a result, some people may see a smaller or larger tax refund or tax liability than they were expecting.  Use IRS Form 8962, Premium Tax Credit (PTC), to calculate the premium tax credit and reconcile the credit with any advance payments.

The IRS also reminded taxpayers that a trusted tax professional can also provide helpful information about the health care law. A number of tips about selecting a preparer and national tax professional groups is available on IRS.gov.

The IRS urges all taxpayers, especially those claiming the premium tax credit, to make sure they have all their year-end statements in hand before they file their return. This includes Forms W-2 from employers, Forms 1099 from banks and other payers, and, for those claiming the premium tax credit, and Form 1095-A from the Marketplace. Doing so will help avoid refund delays and the need to file an amended return later.

Tax Facts on Individuals & Small Business

2014_tf_on_individuals_small_businesses-m_1Due to a number of recent changes in the law, taxpayers are currently facing many questions connected to important issues such as healthcare, home office use, capital gains, investments, and whether an individual is considered an employee or a contractor.  Financial advisors are continually looking for competitive information to help them provide the best answers for their clients and to obtain new clients.  National Underwriter’s Tax Facts series is the only resource written specifically for the financial advisor and producer providing fast, clear, and authoritative answers to pressing questions, and it does so in the convenient, timesaving, Q&A format for which Tax Facts is famous.

Anyone interested can try Tax Facts on Individuals & Small Business, risk-free for 30 days, with a 100% guarantee of complete satisfaction.  For more information, please call 1-800-543-0874.

Posted in Taxation, Uncategorized | Leave a Comment »

The Ghost of Meyer Lansky? Cuba is Back in Business ! But Still Illegal To Have Fun… Analysis of OFAC’s Regulations Released Today

Posted by William Byrnes on January 15, 2015


“Don’t worry, don’t worry. Look at the Astors and the Vanderbilts, all those big society people. They were the worst thieves – and now look at them. It’s just a matter of time.” Meyer Lansky

International Financial Law Prof Blog post … Academics, conference attendees, and business persons may travel to Cuba under blanket authorization to attend conferences, teaching programs, and transact business.

However, the US Treasury Department has left it illegal under the OFAC regulations to undertake tourist activities, including “excessive” free time sitting about puffing cigars and sipping rum.  At least a professor can bring one small box of cigars back home now (not over $100 value). And smart phones will work in the future!  read my analysis of the OFAC Cuba Amendments Released Today – read the full analysis at International Financial Law Prof Blog.

 

 

 

 

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OFAC Focuses on Banks Detecting Persons & Entities on the International Black List With New Global Format

Posted by William Byrnes on January 15, 2015


This new sanctions list format was jointly developed by the United Nations (U.N.) and the Wolfsberg Group of International Banks in an effort to create a universal sanctions list format that can be efficiently used by governments worldwide and enhances sanctions compliance.  The United States is the first U.N. member state to implement this advanced sanctions data model.  In an effort to ensure a greater level of global sanctions compliance the Treasury Department supports the new sanctions list model and appreciates the efforts of the U.N. and the Wolfsberg Group in their creation of a universal format.

The new format incorporates a variety of features that ensure maximum flexibility for sanctions list creators, while also limiting the need for future changes to the underlying data specification due to the standard’s adaptability.  The new capabilities associated with the advanced sanctions list format are discussed are International Financial Law Prof Blog.

Posted in Compliance, Financial Crimes | Tagged: | Leave a Comment »

Is HSBC a Bad Actor or Is Argentina About To Go Out of Business (Again)? 

Posted by William Byrnes on January 14, 2015


See the full analysis at International Financial Law Prof Blog.

The Argentina Government has stopped HSBC Argentina from transferring money abroad, for 30 days.  See the Reuters and the Fox Latino articles linked at International Financial Law Prof Blog.  The Central Bank stated the reason for such a drastic action is HSBC’s lack of ability to correctly document such transfers.  The Argentina revenue authority has also recently raided HSBC’s offices, accusing it of assisting Argentina’s wealthy commit tax evasion through Swiss accounts.

Yet, one cannot help but ponder whether this is an isolated move against a bad actor, authorized by the requisite legislation and pursuant to due process, or whether this is politically motivated for other reasons?  Read this article at International Financial Law Prof Blog

Posted in Compliance, Financial Crimes | Leave a Comment »

Health Care Law Brings Changes to IRS Tax Forms

Posted by William Byrnes on January 14, 2015


The IRS announced that the tax forms for the 2014 tax year have some dramatic modifications to allow for enforcement of Obama Care (aka the “Affordable Care Act” and “ACA”).

Existing forms have new lines integrated and the IRS has created two new forms that some taxpayers must now file with the tax return.

Many taxpayers will only need to check a box on their tax return if they had the requisite health coverage for all of 2014 as require by the ACA so as to avoid penalties.  Forms 1040, 1040A, and 1040EZ also have new lines to complete related to the health care law.

Two New Tax Forms for Taxpayers 

Form 8965, Health Coverage Exemptions

  • Complete this form to report a Marketplace-granted coverage exemption or claim an IRS-granted coverage exemption on the return.
  • Use the worksheet in the Form 8965 Instructions to calculate the shared responsibility payment.

Form 8962, Premium Tax Credit

  • Complete this form to reconcile advance payments of the premium tax credit, and to claim this credit on the tax return.

Additionally, if individuals purchased coverage through the Health Insurance Marketplace, they should receive Form 1095-A, Health Insurance Marketplace Statement, which will help complete Form 8962.

Modifications of Existing 2014 Tax Forms

Form 1040

  • Line 46: Enter advance payments of the premium tax credit that must be repaid
  • Line 61: Report health coverage and enter individual shared responsibility payment
  • Line 69: If eligible, claim net premium tax credit, which is the excess of allowed premium tax credit over advance credit payments

Form 1040A

  • Line 29: Enter advance payments of the premium tax credit that must be repaid
  • Line 38: Report health coverage and enter individual shared responsibility payment
  • Line 45: If eligible, claim net premium tax credit, which is the excess of allowed premium tax credit over advance credit payments

Form 1040EZ

  • Line 11: Report health coverage and enter individual shared responsibility payment
  • Form 1040EZ cannot be used to report advance payments or to claim the premium tax credit

Tax Facts on Individuals & Small Business

2014_tf_on_individuals_small_businesses-m_1Due to a number of recent changes in the law, taxpayers are currently facing many questions connected to important issues such as healthcare, home office use, capital gains, investments, and whether an individual is considered an employee or a contractor.  Financial advisors are continually looking for competitive information to help them provide the best answers for their clients and to obtain new clients.  National Underwriter’s Tax Facts series is the only resource written specifically for the financial advisor and producer providing fast, clear, and authoritative answers to pressing questions, and it does so in the convenient, timesaving, Q&A format for which Tax Facts is famous.

Anyone interested can try Tax Facts on Individuals & Small Business, risk-free for 30 days, with a 100% guarantee of complete satisfaction.  For more information, please go to http://www.nationalunderwriter.com/2015-tax-facts-on-individuals-small-business.html or call 1-800-543-0874.

Posted in Taxation | Tagged: , , | Leave a Comment »

OECD Discloses Letters & Comments About BEPS Action Plans

Posted by William Byrnes on January 13, 2015


read and download the comments and letters released – International Financial Law Prof Blog

Posted in OECD | Tagged: , | Leave a Comment »

Comparison of NAFTA, BRIC, EU and Caribbean of the 8 FATCA GIIN Lists (June 2014 -> January 2015)

Posted by William Byrnes on January 12, 2015


see the full analysis at International Financial Law Prof Blog excerpted below.

Caribbean and Atlantic Financial Centers Registrations

The Cayman Islands remain the global FATCA compliance registration leader with 27,011 FFIs, almost 7,000 more compliant FFIs than the UK.  The June GIIN list included 1,837 BVI FFI registrations, now at 4,653.  Bahamas has increased from 610 to 882, Bermuda 1,242 to 1,824 and Panama 450 to 773.  …

By the way, the 3rd edition of my Lexis Guide to FATCA Compliance will be out soon with substantial more analysis – 1,200 pages over 54 chapters.  Over 50 FATCA compliance experts from tier 1 institutions, former government officials, and professional firms have contributed to create this detailed and robust guide, filled with numerous practical examples and several chapters written specifically for the non-legal, compliance operations officer.  No filler pages of publicly available documents and regurgitated regulations – it’s all beef.  See the Lexis website to order a copy of this 3rd edition.

 

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Is Acquirer Responsible for FCPA Pre-Acquisition Conduct of Target Company?

Posted by William Byrnes on January 12, 2015


a75b7-6a00d8341bfae553ef01bb07a93894970d-piSee International Financial Law Prof Blog.

Is Acquirer Responsible for FCPA Pre-Acquisition Conduct of Target Company?

full analysis at http://lawprofessors.typepad.com/intfinlaw/2015/01/is-acquirer-responsible-for-fcpa-pre-acquisition-conduct-of-target-company.html

Posted in Uncategorized | Leave a Comment »

Are HNWI Passports Obtained Through St. Kitts and Nevis Used to Facilitate Terrorism? FinCEN Adds to EDD Lists!

Posted by William Byrnes on January 10, 2015


post from the International Financial Law Prof Blog.

See FinCEN Announcement at http://lawprofessors.typepad.com/intfinlaw/2015/01/passports-obtained-through-st-kitts-and-nevis-citizenship-by-investment-program-used-to-facilitate-financial-crime.html

 

Posted in Financial Crimes | Tagged: , | Leave a Comment »

112 Intergovernmental Agreements and counting …. only 123 countries left out in the FATCA cold

Posted by William Byrnes on January 9, 2015


read the post at International Financial Law Prof Blog.

http://lawprofessors.typepad.com/intfinlaw/2015/01/112-intergovernmental-agreements-and-counting-only-123-countries-left-out-in-the-fatca-cold.html

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Lexis FATCA expert Haydon Perryman explains FATCA’s Impact for 2015

Posted by William Byrnes on January 8, 2015


Lexis Guide to FATCA Compliance – 2015 Edition Out Soon

1,200 pages of analysis of the compliance challenges, over 54 chapters by 70 FATCA contributing experts from over 30 countries.  Besides in-depth, practical analysis, the 2015 edition includes examples, charts, time lines, links to source documents, and compliance analysis pursuant to the IGA and local regulations for many U.S. trading partners and financial centers.   The Lexis Guide to FATCA Compliance, designed from interviews with over 100 financial institutions and professional firms, is a primary reference source for financial institutions and service providers, advisors and government departments.  No filler of forms and regs – it’s all beef !  See Lexis’ order site and request a copy of the forthcoming 2015 edition – http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&prodId=prod19190327

free download of 2014 Edition chapter at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2457671

Posted in FATCA | Tagged: | Leave a Comment »

What Is the Impact of the Overturned Convictions of United States v. Newman on Insider Trading Prosecutions, such as SAC Capital’s ?

Posted by William Byrnes on January 8, 2015


read the analysis at International Financial Law Prof Blog.

Posted in Compliance | Leave a Comment »

$2 Billion Available for 2015 International Educational Exchange in Federal Appropriations

Posted by William Byrnes on January 8, 2015


read about it at International Financial Law Prof Blog.

Posted in Courses, Education Theory | Leave a Comment »

US Automatic Exchange of Bank Information to 86 Foreign Countries in 2015

Posted by William Byrnes on January 7, 2015


See full post at International Financial Law Prof Blog.

This revenue procedure lists the countries with which the Treasury Department and the IRS have determined that it is appropriate to have an automatic exchange relationship requiring the reporting of certain deposit interest paid to nonresident alien individuals on or after January 1, 2013. Section 1.6049-4(b)(5) provides that in the case of interest aggregating $10 or more paid to a nonresident alien individual the payor is required to make an information return on Form 1042-S for the calendar year in which the interest is paid.   See the list at International Financial Law Prof Blog.

 

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IRS releases International Data Exchange Service Guide for FATCA

Posted by William Byrnes on January 7, 2015


See International Financial Law Prof Blog.

Abstract: This guide is intended to serve as a tool for FIs and Host Country Tax Authorities (HCTAs) who enroll in the International Data Exchange Service (IDES) to transmit FATCA data. The document assumes that the reader is familiar with the FATCA regulations and is experienced with extensible markup language (XML) and schema technology.  Post on International Financial Law Prof Blog

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FATCA GIIN January 2015 FFI Registration Analysis … by the numbers

Posted by William Byrnes on January 5, 2015


d27f6-6a00d8341bfae553ef01b7c6eb77bd970b-piThe IRS published its first FATCA GIIN list of 2015 (on New Years Day!) a list of “approved FFIs” i.e. a list of those who have registered on the IRS FATCA portal by December 23, 2014.  FATCA’s 30% withholding regime on “withholdable payments” for non-IGA countries has applied since July 1, 2014.  But since New Years Day this FATCA (Chapter 4) withholding also applies to IGA countries’ FFIs that do not supply a GIIN upon the proper W8 (or ‘equivalent’) certification documentation.

read the full analysis of the numbers at International Financial Law Prof Blog:

http://lawprofessors.typepad.com/intfinlaw/2015/01/fatca-giin-january-2015-ffi-registration-analysis-by-the-numbers-.html

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