Skip to content

India Financial Consultancy

  • Home
  • About Us
  • Media
    • Publications
    • Press Releases
    • Newsletters
    • Archives
  • Contact Us
July 14, 2021 / Accounting Services

FATCA LAW OF USA

FATCA LAW OF USA

Introduction:

On 9th July 2015, India has signed the inter-governmental agreement (IGA) on Foreign Account Tax Compliance Act (FATCA) with the USA.  The government would now receive information about Indian “tax resident” persons having financial accounts in the USA. Financial institutions (FIs) have to perform required due diligence processes, identify “reportable persons” from their customers and counter parties and report information pertaining to such persons on an annual basis to the respective local government so as to enable exchange of information.  In fact, for FATCA to be official in India, the Indian government is required to inform the US about completion of the internal procedures.  The date of such notification would become the “effective date” of FATCA implementation.

Coverage:

FI’s are defined to effectively cover those that hold the client or investor’s financial account in the form of deposit of money or investments.  As such, banks, deposit taking NBFC’s, depository participants, custodians, brokers, insurance companies and all funds are also covered, unless any specific exemptions may be available under the Inter-governmental Agreement.  Some of the exemptions available include exemptions for government bodies and government owned entities, retirement and savings fund (such as provident funds) subject to conditions, small banks, local banks, fund managers as well as brokers, subject to meeting given tests for each category.

For FATCA purposes, the definition of “tax resident” specifically covers US citizens and green card holders.  The coverage of reportable persons goes beyond individual customers.  It extends to “non-participating FIs” and the controlling persons of “passive entities”.  To enable identification, FI’s will have to obtain “self declaration” regarding their FATCA status and classification from relevant customers and counterparties.  While onus of providing a correct self declaration rests on the customer/ counterpart, the FI should exercise due diligence in evaluating the same for consistency with other information or documentation.

Procedural Aspects:

Towards FATCA compliance, FI’s will need to reach out to relevant customer accounts that existed as at 30th  June 2014 (known as pre-existing accounts) as well those opened from 1st July 2014 (known as new accounts). Depending upon the size of the account, the account may be out of scope (where aggregate balance with the FI is up to $50,000) or requiring a detailed enquiry of paper records as well as information with the relationship manager (where the aggregate balance is above $1,000,000). Having identified accounts, the FI may, in relevant cases, rely on any declaration and/or documentary evidence from the customer establishing his non-US status and not report such a customer. New accounts opened from 1st July 2014 are required to provide “self certification” on FATCA status and classification.  While the FI can rely on such “self certification”, it is expected to exercise required due diligence in evaluating the same for completeness and consistency with other information or documentation pertaining to the customer.

The reporting period for FATCA is the calendar year, though as an exception, the first period of coverage is the six-month period from 1st July 2014. The deadline for inter-governmental exchange of information is 30th  September following the reporting period.  As such, the Indian government is obligated to share data for the year 2014 (first half period) with the US government by  30th  September 2015.  The buzz amongst FIs is that the rules and the reporting format would be notified very shortly and FIs may be required to submit their data for 2014 by July/ August 2015 on a best efforts basis.  This will be huge challenge for the FI as well as the government.   One can also perhaps cannot think of the customer’s reaction on receiving a lot of mails from various FIs, all asking for FATCA self certification in a time bound manner.

Conclusion:

FATCA requires detailed change management processes covering the complete customer life cycle (account opening, account maintenance as well as closure) and several functions such as compliance, product design, customer on-boarding and front end, operations as well as IT. The road to the implementation of FATCA in the short term, especially meeting the immediate reporting deadline, is certainly not a smooth one.  All parties, especially FIs, need to quickly understand how FATCA impacts them and work out their action plan for FATCA.  In the long run, matter should have to be settled down with the hope that all governments, including India, will greatly benefit from improved tax compliance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; Hope the information will assist you in your Professional endeavors. For query or help, contact: info@caindelhiindia.com or call at 011-23343333

**********************************************************

If this article has helped you in any way, i would appreciate if you could share/like it or leave a comment. Thank you for visiting my blog.

Legal Disclaimer:
The information / articles & any relies to the comments on this blog are provided purely for informational and educational purposes only & are purely based on my understanding / knowledge. They do noy constitute legal advice or legal opinions. The information / articles and any replies to the comments are intended but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as a legal advice or an indication of future results. Therefore, i can not take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented on this blog. You are advised not to act or rely on any information / articles contained without first seeking the advice of a practicing professional.

Post navigation

Previous Post:

Case Study on DTAA – Taurus Shipping Services. In A Recent Ruling, If Ship Voyages Between Two Indian Ports, On Part Of Its International Voyage, It Cannot Be Termed As Indian Voyage And Benefit Of Article 8 Cannot Be Denied.

Next Post:

ALP: TPO COULD NOT MAKE ADDITION TO ASSESSEE’S ALP BY ADOPTING CUP METHOD DURING RELEVANT YEAR WITHOUT CONDUCTING ANY FAR ANALYSIS.

Enquire Now

    About IFCCL

    India Financial Consultancy Corporation Pvt. Ltd. is one of the leading providers of financial and business advisory, internal audit, statutory audit, corporate governance, and tax and regulatory services. With a global approach to service delivery, we are responds to clients' complex business challenges with a broad range of services across industry sectors and national boundaries. The Company has been set up by a group of young, enthusiastic, highly skilled and motivated professionals who have taken experience from top consulting companies and are extensively experienced in their chosen fields has providing a wide array of Accounting, Auditing, Assurance, Risk, Taxation, & Business advisory services to various clients and their stakeholders...
    Read More...

    Contact Info

    P-6/90 Connaught Circus,
    Connaught Place,
    New Delhi - 110001, India

    Landline: 011-43520194
    Email: singh@caindelhiindia.com

    RCS Recent Posts

    • Bank Account Frozen in GST for Over 1 Year? September 14, 2025
    • INR 800-Cr ‘CSR Racket’ Across 6 States Uncovered September 14, 2025
    • Understand the Tax Treatment of Inherited Property September 13, 2025
    • Commissions to own subsidiaries makes mis-selling by banks September 13, 2025
    • checklist of compliance requirements for RPs under IBC September 4, 2025
    • 56th GST Council made recommendation relating to GST Change September 4, 2025
    • Carry Forward of Losses – Important Points August 31, 2025
    • Distinction in Treatment of FCs and OCs under IBC August 31, 2025

    Archives

    • 2025 (143)
    • 2024 (154)
    • 2023 (113)
    • 2022 (121)
    • 2021 (92)
    • 2020 (16)
    • 2017 (5)
    • 2016 (181)
    • 2015 (180)
    • 2014 (1)

    Categories

    • Accounting Services (25)
    • Audit (40)
    • Business Consultancy (33)
    • Business Registration Services (14)
    • Business Services (12)
    • Business Set Up in India (30)
    • Business Set Up Outside India (5)
    • Business Strategy (37)
    • CA (5)
    • CBDT (29)
    • Certification (1)
    • CFO Services (10)
    • Chartered Accountant (31)
    • Company Law Compliances (232)
    • Company Registration (9)
    • compliance calendar (10)
    • CORPORATE AND PROFESSIONAL UPDATE (7)
    • Corporate Updates (16)
    • Cryptocurrency (15)
    • DGFT (3)
    • Digital Signature Certificate (1)
    • Direct Tax (99)
      • ITR (27)
    • DTAA (14)
    • FCRA (7)
    • FDI (9)
    • Fixed Asset Register Related Services (4)
    • Foreign Exchange Management Act (59)
    • GST (122)
    • GST Compliance (63)
    • GST Registration (14)
    • IBC (35)
    • IEC (4)
    • INCOME TAX (313)
    • Indirect Tax (218)
    • Insolvency and Bankruptcy Code (2)
    • Intellectual Property Rights (5)
    • Knowledge Management (60)
    • NBFC (5)
    • NGO (15)
    • NRI (25)
    • Others (10)
    • PAN TAN Aadhar (1)
    • Project Finance (22)
    • RBI Consultancy (12)
    • SEBI Compliances (38)
    • SEZ (2)
    • Social Auditor (1)
    • TDS (40)
    • Transfer Pricing (4)
    • Uncategorized (91)
    • Virtual Office Facility (4)
    • XBRL Data Conversion Services (2)

    Follow Us On

    Follow us on Facebook Follow us on Twitter Join us on Linkedin Blogger Google Plus

    © 2025 India Financial Consultancy