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As we approach the end of 2020 we consider the impact that the US president-elect Biden will have and look at some important year-end planning points to consider for US taxpayers living outside the US. … Read more
If you're a US citizen, resident or and Green Card Holder (AKA a US person) and are the settlor or a beneficiary of a non-US trust, there are US tax and compliance issues that you need to be aware of. … Read more
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Determining whether your organisation is a financial institution under these rules is the first and most crucial step.
Financial institutions must register with the tax authorities. For Hong Kong financial institutions this will be the Hong Kong Inland Revenue Department (IRD) and, in some cases, the US Internal Revenue Service (IRS).
Specific due diligence procedures are required of financial institutions to identify potentially reportable account holders or beneficial owners. These will be account holders or beneficial owners who are resident outside of Hong Kong in another jurisdiction or who (for FATCA purposes), are US persons. The prescribed procedures on how this must be done are very detailed and there is a penalty regime for Financial Institutions that fail to comply.
An annual CRS report must be filed with the IRD by Hong Kong financial institutions by 31 May following the calendar year in question. The report must include details of any reportable accounts or beneficial owners, including the value of the account or equity interest and where the account holder is `resident for tax purposes. This information is then exchanged by the IRD with the relevant jurisdictions. Separately, an annual FATCA report must be filed directly with the IRS to report US account holders. The due date for filing the report is 31 March following the calendar year being reported.
Financial institutions may be required to certify their status under these rules to other financial institutions by completing self-certification forms.
We can help financial institutions with classification, registration, due diligence, reporting and self-certification. If you are in any doubt as to whether you are affected by these rules, or for advice on maintaining compliance, please contact Allan or Virginia, or fill out the form below.
Automatic Exchange of Information (FATCA and CRS)
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US tax returns and compliance
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UK tax returns and compliance
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Stepping Stones
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AEOI: Guidance for account holders of Hong Kong financial institutions
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