The EBF has reiterated its concerns to the US Treasury about some unintended consequences of FATCA and the side effects of Section 871(m) of the Internal Revenue Code (IRC).
Regarding FATCA, the EBF recommends that the scope of the default reporting should be limited only to entities for which US indicia have been identified in relation to the entity or one or more of its Controlling Persons based on AML/KYC or other information.
Regarding Section 871(m), the EBF calls for an indefinite extension of the status quo resulting from Notice 2017-42 notably providing a carve-out for non-delta-one transactions and a withholding exemption for dividends received by Qualified Derivatives Dealers (QDDs) on physical securities held as hedges.
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