Tax reporting requirement for FATCA and CRS

Old Mutual Wealth entities have to fulfill the requirements of new tax reporting laws, specifically, the Foreign Account Tax Compliance Act (FATCA) from the United States (US), the Common Reporting Standards (CRS) and Tax Information Sharing Agreements (TISAs) coming out of the UK.

The aim of these requirements is to ensure customers cannot avoid their tax liabilities by holding unreported assets in accounts held offshore.

These requirements necessitate ‘financial institutions’ (FIs) – such as us - to capture and report certain information to overseas tax authorities. Whereas FATCA provides data to the Internal Revenue Service (IRS) on US ‘persons’ (citizens and green card holders) with wealth outside the US, the CRS operates on a tax residency basis (with disregard for nationality, domicile or citizenship).

It is extremely important when advising clients that they understand the consequences of failing to declare offshore income and gains, and, more importantly, to ensure clients are not in an arrangement which they think is legitimate when it isn’t. Disclosure is not a bad thing, and if clients have assets that they haven’t already declared, they need to act while they still can.

Offshore bonds in the majority of jurisdictions legitimately and legally provide gross roll up, tax deferral, and a number of flexible decumulation options where, with the benefit of quality advice, the burden of tax might be reduced. Anyone concerned about whether their income and gains need to be disclosed should take action, especially as this is the final chance to regularise affairs in the UK, and in numerous other countries offering their own disclosure facilities.

We have created some documents to help you understand AEOI: