On February 20, 2014, the Internal Revenue Service (IRS) issued additional final and temporary regulations (T.D. 9657) under the Foreign Account Tax Compliance Act of 2009 (FATCA) as well as new regulations (T.D. 9658) that modify the international withholding, backup withholding and information reporting rules that apply outside the scope of FATCA. FATCA generally requires US withholding agents to withhold tax on certain payments to (i) foreign financial institutions that do not report requested information about accounts held by US persons to the IRS, and (ii) certain nonfinancial foreign entities that do not disclose information about their substantial US owners. The regulations issued on February 20 supplement and amend FATCA regulations issued in January 2013, and incorporate IRS administrative guidance issued over the past year.
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