Trusts: how to comply with US FATCA rules

With the UK adoption of US Foreign Account Tax Compliance Act (FATCA) rules, UK trusts and trustees must reconsider their status and ensure they are totally compliant with the new US regime of tax disclosure, says George Hodgson, deputy chief executive of the Society of Trust and Estate Practitioners (STEP)

Through the Finance Act 2013, the UK-US agreement to improve international tax compliance and to implement the US Foreign Account Tax Compliance Act (FATCA), is now part of UK law. So with the UK adoption of FATCA and the first reporting period effective, it is imperative that all UK trusts and trustees urgently consider their status, regardless of any known US connections.

FATCA, part of the US Hiring Incentives to Restore Employment Act (2010), aims to combat tax evasion by US tax residents using foreign accounts. The US legislation requires financial institutions outside of the country to provide information about their US customers to the US Internal Revenue Services (IRS).

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