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Glossary · Tax

Foreign Account Tax Compliance Act
FATCA

A US tax-information-sharing regime requiring foreign financial institutions to report on accounts held by US persons. Has material implications for any US-connected investment-migration applicant.

Also known as
FATCAFATCA

A US tax-information-sharing regime requiring foreign financial institutions to report on accounts held by US persons. Has material implications for any US-connected investment-migration applicant.

The Foreign Account Tax Compliance Act (FATCA) is a 2010 US federal law requiring foreign financial institutions (FFIs) to report on financial accounts held by US persons, or face a 30% withholding tax on US-source income. The US has signed FATCA Intergovernmental Agreements (IGAs) with most jurisdictions, including all major CBI / RBI states.

For US-connected applicants, FATCA means a CBI passport does not provide tax escape. US persons (citizens, green-card holders, substantial-presence-test residents) are taxed on worldwide income regardless of where they live, and FFIs will still report on them under FATCA whether they hold one passport or three.

Obtaining a second citizenship is sometimes a precursor to expatriation — formally renouncing US citizenship — which is the only mechanism that ends US tax obligation. Renunciation has its own tax consequences (the exit tax under IRC 877A) for covered expatriates.

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