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What is FATCA in Pakistan?

Published in International Taxation 3 mins read

FATCA, the Foreign Account Tax Compliance Act, in Pakistan necessitates Pakistani financial institutions to report information about financial accounts held by U.S. persons to the U.S. Internal Revenue Service (IRS).

Here's a breakdown:

What is FATCA?

FATCA is a U.S. law enacted in 2010 to combat tax evasion by U.S. persons holding accounts in foreign financial institutions. It aims to increase transparency and ensure U.S. taxpayers are complying with U.S. tax laws on income earned outside the United States.

How does FATCA affect Pakistan?

  • Reporting Requirements: Pakistani banks and other financial institutions are required to identify and report accounts held by U.S. citizens, U.S. residents, and certain U.S.-owned foreign entities to the IRS. This includes information such as account balances, interest earned, and other details.

  • Intergovernmental Agreement (IGA): Pakistan and the U.S. have an Intergovernmental Agreement (IGA) in place regarding FATCA implementation. This agreement outlines the specific requirements and procedures for reporting. The IGA makes the process more streamlined and efficient for Pakistani financial institutions.

  • Compliance Costs: Pakistani financial institutions face compliance costs associated with identifying U.S. accounts, implementing reporting systems, and training staff.

  • Customer Due Diligence: Banks in Pakistan are required to conduct enhanced due diligence on new and existing customers to determine if they are U.S. persons for FATCA purposes. This often involves requesting customers to complete forms (e.g., W-9 form for U.S. persons).

  • Penalties for Non-Compliance: If Pakistani financial institutions fail to comply with FATCA requirements, they may face penalties from the U.S. government, including a 30% withholding tax on certain U.S. source payments.

Practical Implications for Individuals:

  • U.S. Citizens/Residents in Pakistan: U.S. citizens and residents living in Pakistan must report their worldwide income, including income earned in Pakistan, to the IRS. FATCA enhances the IRS's ability to detect undeclared foreign accounts.

  • Pakistani Citizens with U.S. Connections: Pakistani citizens who have U.S. citizenship, residency ("green card"), or substantial connections to the U.S. may be affected by FATCA, as their Pakistani accounts may be reported to the IRS.

In summary, FATCA in Pakistan ensures the identification and reporting of financial accounts held by U.S. persons in Pakistani financial institutions to the IRS, to improve U.S. tax compliance.

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