Tax & Accounting Blog

New IRS Form to Report Foreign Assets

New IRS Form to Report Foreign Assets

The IRS recently released a draft of new Form 8938 that requires taxpayers to report on certain foreign financial assets for tax year 2011. This reporting is part of FATCA (Foreign Account Tax Compliance Act), which strives to improve compliance of U.S. taxpayers who have offshore assets. This new IRS filing requirement does not replace the taxpayer’s … Read More

onesource

Why the Nature of Income Paid to Foreign Vendors Matters

U.S. organizations making payments to vendors must determine whether the vendor is a U.S. person or a non-U.S. person because only payments to U.S. persons (actual or presumed) are covered by Form 1099 rules and procedures. The term, U.S. persons, includes U.S. citizens, resident aliens (based on I.R.C. Section 7701(b), the tax residency rules) and … Read More

onesource

Residency for Treaty Purposes: Corporations

The United States has income tax treaties with over 60 countries for the purpose of avoiding double taxation. The Residency Article of an applicable income tax treaty sets forth rules for determining which entities and individuals (collectively, persons) are residents of a country for purposes of the treaty. As the IRS expands its compliance enforcement with … Read More

onesource

When a Foreign Vendor Needs a U.S. Taxpayer Identification Number

The IRS is in the process of enforcing compliance of long-standing rules requiring U.S. tax withholding on U.S.-source income payments to nonresident aliens and foreign entities (collectively, foreign persons). As a result, foreign vendors are being asked by their clients to provide them with a U.S. withholding certificate to document their foreign status for U.S. … Read More

Understanding FATCA  – Part 2 of 3

Understanding FATCA – Part 2 of 3

The Foreign Account Tax Compliance Act (FATCA) is intended to increase transparency for the IRS with respect to US persons that may be investing and earning US income through non-US institutions.  It is clear that the new FATCA reporting and withholding regime will impact not only processes and procedures designed to mitigate risk and ensure … Read More

Government Entities: One Step Closer to Repeal of the Law that Requires 3% Withholding on Vendor Payments

Government Entities: One Step Closer to Repeal of the Law that Requires 3% Withholding on Vendor Payments

The United States Senate joined the House of Representatives in passing H.R. 674 to repeal the 3% withholding requirement that is currently scheduled to begin in 2013 for vendor payments made by federal, state and local governments and their agencies and instrumentalities.  The Senate action puts us one step closer to repeal of the 3% withholding … Read More