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Foreign Account Tax Compliance Act

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Foreign Account Tax Compliance Act (FATCA) the end of the tax heavens and the Banking Secrecy, International cooperation or coercion?

The offshore tax evasion is a problem that most countries face mainly because there are many structures that help sophisticated investors to avoid the payment of those taxes. Its been estimated that the worldwide value of the offshore accounts is somewhere around $11.5 trillion. After the 2008 global financial crisis, the United States was going through one of the most severe recession, the tax evasion crisis and the growing budget deficit at it highest point , in 2009 President Obama stated during an interview "I did not run for office to be helping out a bunch of, you know, fat-cat bankers on Wall …show more content…

The core idea of the Chapter 4 is to make “whithholdable payments” to foreign financial institutions (FIF’s) and non-financial foreign entities (NFFE’s) that will be subject to a 30% withholding on all U.S. source income, making foreign institutions a key element for the U.S. government of the revenue collection system. The IFI’s will be required to report information on financial accounts of U.S. persons and foreign entities with significant U.S. ownership to the IRS in order to avoid the 30% withhold, among other duties that would be discussed later on.

Professor Bruce W. Bean refers to the implementation of FATCA as; “FATCA is the most extraordinary extension of Congressional extraterritorial overreach ever enacted”. The unilateral decision made by the U.S. government to impose these huge and costly compliance and reporting requirements to the FFI’s, it was alarming to the international financial community, only not because FFI’s are forced to implement expensive compliance programs in order to avoid the withholding that was imposed upon them, but also because many jurisdictions rely heavily on their bank secrecy law as an asset for making business and creating revenue in their own countries.

This dissertation main focus is to discuss the extent on which the application of FATCA should be consider as international cooperation to prevent the misuse of the

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