FATCA Taiwan Reporting Agreement

FATCA Taiwan Reporting Agreement

Taiwan Signs FATCA Agreement with U.S.

FATCA Taiwan: Many nations, including the Unites States and Taiwan are working to reduce and minimize offshore tax evasion. FATCA (The Foreign Account Tax Compliance Act) was developed to facilitate financial transparency. Numerous countries have agreed to take part in FATCA (Foreign Account Tax Compliance Act) and the number of countries continues to grow.

Recently, on December 22, 2016, Taiwan signed the FATCA Agreement with the United States.

Taiwan has made it known that they are seeking to comply and enforce International Criminal Tax Laws for U.S. Taxpayers they believe are not in compliance.

Taiwan FATCA Agreement

For the last two years, Taiwan has been operating in accordance with FATCA by way of an “Agreement in Substance.”

Technically, this means while Taiwan would agree to enforce FATCA, it was not bound to do so.

As of December 22, 2016 Taiwan signed a FATCA Agreement with the United States. Furthermore, Government agencies in Taiwan have indicated that they were getting frustrated by US taxpayers who reside in Taiwan and not properly complying with U.S. Tax Law.

Taiwan has represented that it wants to help promote compliance of IRS tax law by any Taiwanese Citizen or Resident who also has a U.S. Foreign Bank Account reporting requirement.

Many U.S. Account Holders (U.S. Citizens, Legal Permanent Residents, Visa Holders) who reside in Taiwan have mistakenly or intentionally misrepresented their status when they initially opened their Taiwanese account.

U.S. Persons are at Risk

The formalization of the FATCA Agreement will cause a major headache for Taiwanese citizens who are also U.S. Citizens, Legal Permanent Residents, or Visa Holders and have not updated the Taiwanese banks of their U.S. status.

Whether a U.S Citizen, Legal Permanent Resident, or certain Visa Holders reside in the U.S., Taiwan, or a third-party country does not matter when it comes to Foreign Bank Account Reporting; they are still required to inform the foreign bank as to their US status (aka U.S. Status does not automatically change for U.S. Citizens or Legal Permanent Residents no matter where they live)

Thus, even though a person may be a Taiwanese citizen, and a U.S. green card holder and maintains accounts in Taiwan, with respect to IRS Tax Law, the Taiwanese Account is considered to be a “Foreign Account” and must be reported on an annual FBAR and FATCA Form 8938 (if the respective threshold requirements are met)

Non-Compliant Foreign Account Holders

When a person is out-of-compliance for not properly reporting their foreign accounts, the IRS has developed various programs to assist taxpayers with getting back into compliance.

These programs are collectively referred to as Offshore Voluntary Disclosure. Several of the programs may result in minimal penalties, or even full penalty waivers.

Golding & Golding: About Our International Tax Law Firm

Golding & Golding specializes exclusively in international tax, and specifically IRS offshore disclosure

We are the “go-to” firm for other Attorneys, CPAs, Enrolled Agents, Accountants, and Financial Professionals across the globe. Our attorneys have worked with thousands of clients on offshore disclosure matters, including FATCA & FBAR.

Each case is led by a Board-Certified Tax Law Specialist with 20 years of experience, and the entire matter (tax and legal) is handled by our team, in-house.

*Please beware of copycat tax and law firms misleading the public about their credentials and experience.

Less than 1% of Tax Attorneys Nationwide Are Certified Specialists

Sean M. Golding is one of less than 350 Attorneys (out of more than 200,000 practicing California Attorneys) to earn the Certified Tax Law Specialist credential. The credential is awarded to less than 1% of Attorneys.

Recent Golding & Golding Case Highlights

  • We represented a client in an 8-figure disclosure that spanned 7 countries.
  • We represented a high-net-worth client to facilitate a complex expatriation with offshore disclosure.
  • We represented an overseas family with bringing multiple businesses & personal investments into U.S. tax and offshore compliance.
  • We took over a case from a small firm that unsuccessfully submitted multiple clients to IRS Offshore Disclosure.
  • We successfully completed several recent disclosures for clients with assets ranging from $50,000 – $7,000,000+.

How to Hire Experienced Offshore Counsel?

Generally, experienced attorneys in this field will have the following credentials/experience:

  • Board Certified Tax Law Specialist credential
  • Master’s of Tax Law (LL.M.)
  • 20-years experience as a practicing attorney
  • Extensive litigation, high-stakes audit and trial experience
  • Dually Licensed as an EA (Enrolled Agent) or CPA

Interested in Learning More about Golding & Golding?

No matter where in the world you reside, our international tax team can get you IRS offshore compliant. 

Golding & Golding specializes in FBAR and FATCA. Contact our firm today for assistance with getting compliant.

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