The Impact of the Final FATCA Regulations on the Asset Management Industry (EY)

KEYWORDS: asset managers, compliance requirements, FATCA, Foreign Account Tax Compliance Act, foreign financial institutions, hedge fund registration, Internal Revenue Service, IRS, reporting requirements, strategy, tax, Third-party administrator, withholding agents

  • Ernst & Young


The final Foreign Account Tax Compliance Act (FATCA) regulations released on 17 January 2013 attempt to create a targeted risk-based approach to FATCA to reduce the operational burden on financial institutions, while maintaining FATCA’s core objective of capturing information on United States (US) taxpayers with investments in non-US jurisdictions. A withholding agent, including a US fund, will have to meet FATCA obligations. A non-US entity, including an asset management firm, will need to be analyzed in order to determine its FATCA obligations.

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