The purpose of FATCA is to prevent US persons (see glossary) from using banks and other financial organisations to avoid US taxation on their global income and assets.
Australia and the United States signed a Model 1 Intergovernmental Agreement (IGA) on 28 April 2014, authorising the exchange of relevant tax information between the Australian Taxation Office (ATO) and the IRS in relation to certain accounts held by US citizens in Australia.
The Foreign Account Tax Compliance Act (FATCA) generally requires financial institutions (FI) and certain other non-financial entities that are foreign to the United States to report on assets held by their US account holders or be subject to withholding on withholdable payments.
The Foreign Account Tax Compliance Act (FATCA), which was passed as part of the HIRE Act, generally requires that foreign financial Institutions and certain other non-financial foreign entities report on the foreign assets held by their U.S. account holders or be subject to withholding on withholdable payments.
FATCA requires certain U.S. taxpayers who hold foreign financial assets with an aggregate value of more than the reporting threshold (at least $50,000) to report information about those assets on Form 8938, which must be attached to the taxpayer's annual income tax return.
The FATCA Agreement provides exemption for certain Australian institutions (for example, superannuation funds) and accounts from the FATCA requirements, and the removal of the 30% withholding tax on AFIs (unless there is significant non-compliance by an AFI with its FATCA Agreement obligations).
The term nonreporting IGA FFI means an FFI that is a resident of, or located or established in, a Model 1 or Model 2 IGA jurisdiction, as the context requires, and that meets the requirements of one of the following—
FATCA applies to a broad range of Australian financial institutions, including: banks. some building societies. some credit unions.
The Common Reporting Standard (CRS) is the single global standard for the collection, reporting and exchange of financial account information on foreign tax residents. Under the CRS, banks and other financial institutions collect and report financial account information on foreign tax residents to us.
Which countries follow FATCA? Currently, there are 113 countries worldwide that follow FATCA through FATCA model agreements, including the United Kingdom, Australia, and Singapore. There are 95 countries that have no FATCA agreements with the U.S. – including tax havens like Belize, Argentina, and Monaco.