Compliance
Russia Authorises Bill Allowing Compliance With FATCA
Russia's upper house of parliament has approved legislation that will allow banks to pass on information about their foreign clients to the US Inland Revenue Service, enabling them to comply with the Foreign Account Tax Compliance Act which comes into force on 1 July, reports Reuters.
Russia's upper house of parliament has approved legislation that
will allow banks to pass on information about their foreign
clients to the US Inland Revenue Service, enabling them to comply
with the Foreign Account Tax Compliance Act which comes into
force on 1 July, reports Reuters.
The Council of the Federation, the upper chamber of the Federal
Assembly of Russia, authorised the bill last Wednesday, which
will now be passed to President Vladimir Putin to sign it into
law.
Russia and the US had intended to sign an intergovernmental
agreement to facilitate the implementation of FATCA earlier this
year, but this was halted by the US following Moscow’s annexation
of Crimea in March.
“Consistent with our overall approach to bilateral engagement
with Russia, the US has currently suspended negotiations with
Russia on a FATCA agreement. Generally, Russian financial
institutions that are willing to enter into a so-called FFI
[Foreign Financial Institutions] Agreement with the IRS are able
to register with the IRS. Specific financial institutions that
have been sanctioned by the US government would not be able to
register,” the US Treasury said in a statement.
“Financial institutions in countries that have not signed
intergovernmental agreements with the US must register with the
IRS and enter into a FFI Agreement or be subject to 30 per cent
withhholding on certain payments from the US,” it added.
Russian lawmakers drew up the legislation in absence of an
intergovernmental agreement to ensure that financial institutions
were still able to comply with FATCA. However, instead of
communicating relevant information through a centralised
authority, they will have to go directly through the IRS.
FATCA was enabled in 2010 as part of the US government’s plan to
curtail offshore tax evasion by encouraging transparency through
the collection of information on accounts held by US citizens
abroad.
It requires all financial institutions outside of the US to
regularly submit information on financial accounts held by US
persons to the IRS. When the act comes into force, those who are
not compliant will suffer a 30 per cent withhholding tax on
income and gross proceeds, as of January 2015.
VTB, Russia’s second-largest banking group by assets, recently
said it will no longer service Russia-based US clients in order
to minimise its exposure to risk. Despite the bank's misgivings
about FATCA, 515 Russian banks have now registered with the IRS
according to the US Treasury website, out of 77,000 banks outside
the US in total.
Earlier this year, the US and the European Union imposed
sanctions on a number of officials and businesses connected to
Putin over Russia's annexation of Crimea and the crisis in
Ukraine.
The Obama administration is currently considering a fresh round
of sanctions aimed at critical sectors of the Russian economy
focused on energy, defence and technology.
The EU has also warned of further measures in response to
evidence of links between Russia and pro-Russian separatists in
the east of Ukraine.
The issue of a sanctions crackdown on such individuals has
potential implications for the wealth management industry that
has secured business from Russians and other wealthy individuals
from the former Soviet Union and Eastern Europe in recent years.
To see a recent article exploring some of the potential risks
that banks and other institutions face, click here.