PRACTICE AREA
FATCA & Foreign Financial Institution Compliance
FATCA Classification, Compliance, and Reporting for Foreign Entities and Their U.S. Advisors
The Foreign Account Tax Compliance Act (FATCA) imposes significant classification and reporting obligations on foreign financial institutions (FFIs), non-financial foreign entities (NFFEs), and the U.S. persons connected to them. Misclassification or non-compliance can result in 30% withholding on U.S.-source payments. In a world where FATCA, CRS, and bilateral tax information exchange agreements operate in parallel — automatically sharing account data across more than 100 jurisdictions — FATCA compliance is not optional, and non-compliance is increasingly visible.
Our Services Include:
FATCA entity classification analysis — FFI vs. NFFE, and subcategory determination
IGA (Intergovernmental Agreement) analysis — Model 1 and Model 2 IGA implications
GIIN registration and FATCA enrollment for participating FFIs
W-8 series and W-9 documentation — review, preparation, and compliance
Form 8966 (FATCA Report) preparation and filing support
FATCA compliance program review and gap analysis for foreign institutions
FATCA due diligence for U.S. withholding agents making payments to foreign entities
Advising U.S. persons on FATCA-related disclosure of foreign financial accounts (Form 8938)
Coordination with foreign counsel and compliance teams across multiple jurisdictions