Expunge FATCA in RPT

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Aug 6th, 2022
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How to expunge FATCA in RPT

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A new sensation from the USA: FATCA But what is this exactly? No, not exactly. FATCA is actually a US law and means amp;#39;Foreign Account Tax Compliance Actamp;#39;. Itamp;#39;s really not as complicated as it seems. Basically just like many other countries, the USA is dealing with a huge budget deficit. Thatamp;#39;s why the USA needs money. And what are the possible sources of a income for a country like this? Thatamp;#39;s right. One possibility is tax it. In the past, the USA didnamp;#39;t take full advantage of this possibility. After all, every US citizen who lives abroad actually has to pay taxes in the USA, but only a few really do so. This means the United States are losing a lot of money. Thatamp;#39;s why the US government past the new FATCA law. Foreign banks such as banks in Germany are now supposed to identify which of their customers are US citizens. Private customers as well as corporate customers. Even all shareholders who are US citizens and hold more than 25

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There is no way to avoid FATCA if you are an American taxpayer and have assets that are held in foreign financial institutions. Moreover, the penalties for trying to avoid it are harsh.
Willful Failure to File a Tax Return (26 U.S.C. Section 7203) Up to a $25,000 fine for individuals and one year of imprisonment. Filing a False Tax Return (26 U.S.C. Section 7206) Up to a $100,000 fine for individuals and three years of imprisonment.
Civil Penalties for Failure to File FBAR If you committed a non-willful violation which was not due to any reasonable cause, you may face a civil penalty of up to $10,000 per violation.
Civil violations of FATCA carry a $10,000 civil monetary penalty (CMP), with an additional $10,000 CMP applied every 30 days following the receipt of a notice of noncompliance from the IRSsubject to a maximum aggregate penalty of $60,000 per violation.
Implications for Foreign Financial Institutions They must invest in systems and procedures to identify and report U.S. account holders accurately. Failure to comply with FATCA can lead to a 30% withholding tax on certain U.S. source payments made to the non-compliant institution.
If a customer doesnt provide required information, the Bank is required to classify such a customer as an uncooperative account holder and apply 30% withholding tax on certain US-source payments coming into the uncooperative customers account.
Failure to report foreign financial assets on Form 8938 may result in a penalty of $10,000 (and a penalty up to $50,000 for continued failure after IRS notification).

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