FATCA Executive Summary

Foreign Account Tax Compliance Act (FATCA) Executive Summary

What is the Foreign Account Tax Compliance Act (FATCA)? FATCA is a new chapter in the U.S. Internal Revenue Code. Chapter 4 was added by the Hiring Incentives to Restore Employment (HIRE) Act. It seeks to identify U.S. taxpayers having accounts at Foreign Financial Institutions (FFIs) and attempts to enforce reporting of those accounts through withholding. Key Characteristics • Attempts to improve tax compliance of specified U.S. persons who have offshore financial accounts • Requires FFIs to enter into compliance agreements with U.S. Treasury by June 30, 2013 and to identify and report U.S.

accounts annually • Requires US withholding agents to perform enhanced due diligence on foreign accounts and perform withholding and

reporting in addition to their current regulatory obligations under Chapter 3. • Requires non-financial foreign entities (NFFEs) to report substantial U.S. owners or certify no U.S. ownership • Requires US withholding agents and FFIs to withhold 30% of payments made to foreign financial institutions and

recalcitrant accounts that are not in compliance with FATCA requirements • Requires FFIs to withhold foreign passthru payments through payments to recalcitrant accounts no earlier than 2017 • Projected to raise $7.6 billion in tax revenue over a 10 year period • Applies generally to payments made after December 31, 2013

Compliance is viewed as mandatory by the industry for all affected institutions Targeted…

Responsible…

What…

If not…

• U.S.

• FFIs and their

• FFI must identify and report U.S.

• Withhold a tax of 30% on any

Individuals • Privately-held

U.S. Taxable Entities

1

affiliates • NFFEs, • All US withholding

agents

For discussion purposes only.

accounts annually, NFFEs must certify no U.S. accounts or pass through information, and all withholding agents must document FATCA compliance of foreign entities

withholdable payment made to an FFI, NFFE, or account holder by any withholding agent

Milestones have been adjusted from previously released IRS Notices, allowing additional time to complyâ&#x20AC;Ś Impact areas

2012 Mar 12

2013

2014

2015

2016

2017

Jan 13

Grandfathered obligations FFI affiliated group requirement

Jul 13

Jan 16

Jul 13

New customer onboarding Jan 14

Withholding: Income Jan 15

Withholding: Gross proceeds Withholding: Foreign Passthru payments (no earlier than) Reporting (account and balance)

Jan 15

Jan 17

Sep 14 Mar 16

Reporting (income) Mar 17

Reporting (gross proceeds) Old date 2

For discussion purposes only.

New date

Unchanged

Proposed regulations adjusted the scope of certain compliance activities $1M

All available documents

$500K

$250K

Customer master $0 Threshold for high net worth individual accounts

Documentation for high net worth individuals

Threshold for individual insurance contracts

Limited definition

$250K

Expanded Definition Earlier rule

$0

Revised rule Threshold for entity accounts

Deemed compliant criteria

While relief was provided in certain areas, the substance of the requirements remains unchanged 3

For discussion purposes only.

Implementing FATCA will require organizations to analyze and implement changes to their operating model Organizations need to address key topics relating to technology, operations and client experience Areas of Focus

Tax

Technology

Operations

Client Experience

4

Concerns

Outcome

Participating FFIs will be required to do more than identify and report on their US accounts. They will need to classify all of their accounts under the appropriate FATCA classification (e.g. non-participating FFIs, participating FFIs, deemed compliant FFIs, Active NFFEs). US withholding agents will be required to perform due diligence on and classify foreign entity accounts as well as some individual accounts in certain instances. The process for identifying and documenting a foreign entity’s status can be significant and there is potential exposure if the determination is incorrect.

• Properly identifying and classifying foreign entities • Foreign entity status documentation

Both US and Non-US organizations will need to develop enhancements to already existing technologies and systems in order to meet the requirements of FATCA. Significant changes in data structure, as well as additional data collection, calculation and reporting requirements will be pervasive across multiple systems. Requirements, development , testing and implementation will be required for each system impacted.

• • • • •

• Potential new systems to continuously track required documentation • Account opening/ maintenance systems • Sales, dividend, interest, corporate actions and other proceeds systems • Withholding calculation systems

• • • • •

Requirements definitions Outsourcing considerations Development Testing Implementation

Tax reporting and reconciliation systems Data cleansing and remediation Data and architecture Compliance systems Systems supporting the withholding and reporting regime under chapter 3 will need to be enhanced to accommodate FATCA

Both US and Non-US organizations will need to address changes in processes and workflows across the back-office impacting several functions of customer facing, asset servicing , regulatory reporting, and risk & control activities. • Customer Facing: New Account Processing, Account Transfers, Client Reporting / Statements, Privacy and AML / KYC • Asset Servicing: Corporate Actions Processing, Tax Reporting, Security Master, and Payments inventory & withholding • Regulatory Reporting: New annual IRS/U.S. Treasury Reporting • Risk & Control: Legal and Organizational Compliance and Procedures & Policies

• New and modified policies and procedures • Adjusted workflows • New reporting and monitoring controls • Staff additions • Staff training

US withholding agents and FFIs will need to educate impacted clients • Require privacy waivers or implement account closures • Withholding on recalcitrant account holders • Cash flow and tax reclaims

• Information and documentation request from clients • Client follow up for missing information • Client education

For discussion purposes only.

Many misconceptions exist about FATCA compliance, we believe it can be addressed in a targeted manner that reduces disruptions FATCA Myths

Deloitte Point of View

FATCA compliance will require an army of tax resources

We have distilled FATCA requirements into a manageable and easily digestible set of rules

Impact of FATCA will be pervasive and will require financial institutions to make extensive changes for all legal entities and lines of business

Impact of FATCA varies significantly by type of business and legal entity, and financial institutions may be able to employ “fencing strategies” to limit operational impact while remaining fully compliant

FATCA will require the implementation of new core IT systems or a major redesign of existing core systems

IT solutions can be architected to implement FATCA without extensive changes to core systems

FATCA implementation will set ongoing AML/KYC initiatives off-track since there are significant new requirements

FATCA requirements are incremental to AML/KYC and they may be able to be folded into current initiatives without resetting timelines

Financial institutions cannot rely on third-party service providers for ongoing FATCA compliance without undertaking prohibitive oversight

Service providers have compelling incentives for complying with FATCA and verifying their compliance will be fairly straightforward

FATCA requirements should be managed by making careful strategic choices and by leveraging existing investments 5

For discussion purposes only.

Foreign Account Tax Compliance Act Roadmap Risk Assessment

Develop Strategy

Account Identification

Withholding and Reporting

Scope of legislation Group structure • Affiliates

(Q1-Q2) 2013 Enter into FFI Agreement

Withholding

Documentation process

• Communication

Determination of FFI Officer and Governance program

• Understand policies and procedures for current documentation

• Application

USFI Account Onboarding

• Develop communications plan and account tracking mechanism

Reporting

Grandfathered Obligations

• Validation process

• Aggregation of account data

Compliance Framework

Post implementation

• Management information

• Consistency

• Process review

• Post implementation review

Nature of the business • Customers Stakeholder management

• Products • Qualified Intermediaries • Local legal frameworks

2014 onwards

FFI Account Onboarding

• Group locations

• U.S. Source income

(Q3-Q4) 2013

Monitoring

2012

Optimization

Project Management

Customer communication

Existing operations

Compliance readiness

• AML/KYC

• Compliance process

• Policies and procedures

• Due diligence approach

• Due diligence processes

• Data sources

• Existing tools

• Scope and prioritisation

• Management information

• Local legal frameworks

Availability of data

• Reconciliation

• Process

• Reconciliation

• Internal audit

Remediation process

• Impact of local legal frameworks

• Training

• Create remediation policies and procedures

• Management of undisclosed account holders

• Governance

• Assess data availability and quality • Conduct gap analysis and define search criteria • Data analysis

Controls

• Industry benchmarking

• Systems enhancement • Process integration

• Control of changes in circumstance

• Roles and responsibilities • Policies and procedures • Monitoring

Exception management • Conduct client outreach

Training Compliance approach

Systems impact

• Identification and tracking • Escalation and resolution

Systems development

Ongoing compliance program • Assessment • Training

Consideration of single customer view and other disclosure regimes

6

For discussion purposes only.

• Maintainability

This document contains general information only and Deloitte is not, by means of this presentation, rendering accounting, business, financial, investment, legal, tax, or other professional advice or services. This presentation is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional advisor. Deloitte, its affiliates, and related entities shall not be responsible for any loss sustained by any person who relies on this presentation. Certain services may not be available to attest clients under the rules and regulations of public accounting. About Deloitte Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.com/about for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms. Please see www.deloitte.com/us/about for a detailed description of the legal structure of Deloitte LLP and its subsidiaries.

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