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hmrc publishes consultation on bilateral

19 Sep 12

HM Revenue & Customs has launched a consultation seeking the finance and tax industry's views on the implementation of a bilateral agreement between the UK and the United States aimed at helping the UK comply with the US government's Foreign Account Tax Compliance Act (FATCA).

HM Revenue & Customs has launched a consultation seeking the finance and tax industry's views on the implementation of a bilateral agreement between the UK and the United States aimed at helping the UK comply with the US government's Foreign Account Tax Compliance Act (FATCA).

At the end of July, five European countries, France, Germany, Italy, Spain and the UK, and the US jointly published the “model intergovernmental agreement to improve tax compliance and to implement FATCA”. The agreement was later signed by the UK, with it and the US thereby making a commitment, according to HMRC, to “significantly increase the scope of information automatically exchanged”.

Click here for an explantion of how the agreement works.

The agreement was drafted after concerns were raised by financial institutions both in the UK and across Europe that they would be unable to comply with the FATCA regulations, not least due to EU-wide data protection laws, and so would be liable for a 30% withholding tax on their US assets.

The agreement has sought to address this concern, while also, said HMRC, helping the US in its intention to tackle tax evasion.

In the consultation, which was published yesterday, HMRC said it is asking for industry views on how the agreement can be implemented, with a view to putting final legislation forward in the Finance Bill 2013.

To view a copy of the consultation click here

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