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REGULATORY & COMPLIANCE

AEOI – FATCA & CRS

Global tax information reporting initiatives, including FATCA and CRS created a complex additional compliance burden, but clients can rely on our dedicated solutions to meet all related regulatory requirements.

The Automatic Exchange of Information (AEOI), which comprises due diligence and reporting regimes such as the Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standard (CRS) introduces an information standard for the automatic exchange of financial information to combat tax evasion.  While this is a significant step toward a globally coordinated approach, it does introduce added complexity and an increased compliance burden.  The Maples Group is uniquely positioned to provide legal advice and administrative solutions to clients on all aspects of the AEOI, providing constructive and insightful advice and offering flexible and cost effective solutions to ensure clients meet the necessary requirements.

Our services include:

  • Advising on the laws of the British Virgin Islands, the Cayman Islands, Ireland, Jersey and Luxembourg or assisting in relation to the potential application of FATCA and CRS, including entity classification, local and foreign tax authority registration and notification requirements, availability of reporting exemptions, self certification and due diligence requirements;
  • Drafting or reviewing language for incorporation into offering materials, constitutional and other documents, where relevant;
  • Drafting or reviewing self certification forms, sponsored entity agreements and delegation agreements;
  • Drafting or reviewing policies and procedures;
  • Registering a client with the IRS and obtaining a Global Intermediary Identification Number (GIIN), and/or registration, notification and liaison with local authorities, as applicable;
  • Classification, validation and remediation of pre-existing accounts;
  • Onboarding new accounts to ensure required data is captured, and obtaining forms and due diligence documentation for validation up front to facilitate compliance;
  • Preparation and filing of reports that are compliant with applicable legal requirements; and
  • Sponsoring entity services – taking responsibility for FATCA compliance on behalf of the client, including performing all initial and ongoing due diligence to identify any reportable accounts, GIIN registration and reporting where applicable.

For more information, visit our dedicated AEOI and FATCA page.

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