The Foreign Account Tax Compliance Act (FATCA) is a United States law enacted in March 2010. It was enacted as part of the Hiring Incentives to Restore Employment (HIRE) Act. FATCA is the effort of the US Government to deter or prevent tax evasion by US citizens holding investments and financial interest overseas. Under FATCA, reporting by US taxpayers holding Foreign Financial Assets and Reporting by Foreign Financial Institutions (FFIs) are required by this law to reveal certain information about financial accounts held by US citizens or taxpayers, or by foreign entities in which US taxpayers hold a substantial ownership interest. Reporting by US Taxpayers Holding Foreign Financial Assets Along with their annual tax returns, US citizens holding foreign financial assets are now required by FATCA to submit a new form (Form 8938) to report certain information on their foreign account with an amount not exceeding $50,000. Failure to report foreign financial assets on this form will result in a penalty of $10,000 and a further penalty of up to $50,000 for continued failure to report after IRS notification. Also, underpayment of tax attributable to undisclosed foreign financial assets will be subject to an additional substantial understatement penalty …show more content…
FFIs are also required to withhold and pay over 30 percent of any US source of income, as well as gross proceeds from the sale of securities which generate US income if the FFIs are non-participants, if account holders fail to provide sufficient information to determine whether or not they are a US citizen and if foreign entity account holders fail to provide sufficient information about the identity of its substantial US