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Tax

Foreign Account Tax Compliance Act

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

Definition

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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Frequently asked questions

Where can I see this term in practice?

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What is investment migration?

Investment migration is the legal process of obtaining citizenship or residency in a foreign country through a qualifying financial contribution — such as a government fund donation, real estate purchase, or business investment. Programmes are offered by sovereign governments and are fully legal, internationally recognised, and increasingly common among UHNW and HNW individuals and families.

What is the difference between residency and citizenship by investment?

Residence by investment gives you the right to live in a country; citizenship by investment makes you a national with a passport and full civic rights.

Residence permits usually need renewing and may carry stay requirements, while citizenship is generally permanent. Many families combine the two to cover different needs.

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