Spain and the United States signed an IGA on May 15, 2013. The Spanish IGA also resembles the British IGA, as it is a reciprocal agreement. In addition, Schedule I has been updated to include a 90-day allowance for a declaring Spanish IF to document an existing account holder who, at the end of a previous calendar year, no longer meets a de minimis documentation threshold. Germany and the United States signed an IGA on May 31, 2013. In accordance with the mutual IGA signed, it is expected that an agreement on the competent authority will follow soon.21 The German IGA has a specific list of companies and accounts exempt from tax, in the same way as the British agreement. Appendix II contains German investment funds that are considered non-compliant with the declaration and are therefore not required to conclude THE FATCA diligence vis-à-vis their investors. Instead, this matter is settled by deposit banks, where investors in German investment funds have their accounts.22 5. Denmark In recent years, efforts to comply with tax rules through offshore investments have increased significantly. To this end, laws developed by the United States have promoted the use of data exchange agreements worldwide under an initiative called the Foreign Account Tax Compliance Act (“FATCA”).
22 Bilateral agreement between the United States and Germany on the implementation of FATCA, May 31, 2013 www.treasury.gov/resource-center/tax-policy/treaties/Documents/FATCA-Agreement-Germany-5-31-2013.pdf. On 7 June 2013, Switzerland and the United States signed a Memorandum of Understanding (Memorandum of Understanding). The MoU summarized the commitments of the Swiss IGA. The MoU also provides the Swiss authorities with some flexibility to apply the definitions contained in the US rules instead of those set out in the IGA agreement, as long as the objective of the agreement is not thwarted.26 In conjunction with the implementation of the IGA, a law passed by the Federal Council (separate law and Council law) would allow Swiss banks to cooperate with the US authorities in the disclosure of FATCA information27. The lower house of the Swiss Parliament rejected the debate on the bill on 5 June 2013. On June 19, 2013, the House of Commons again rejected a debate on the bill, even after the House of Lords had already confirmed its support for the legislation the day before. The bill is expected to be reintroduced in July 2013. At the time of publication, the Swiss government has not yet made a final decision on the disclosure of US accounts by Swiss IDf. This practice notice provides a comprehensive overview of the application of the Accounts Tax Act (FATCA) to lending contracts in the United Kingdom (UK). The Irish IGA was signed with the United States on December 21, 2012. The Irish Finance Act 2013 (published on 13 February 2013 and entered into force on 27 March 2013) introduced provisions relating to the local implementation of its IGA with the US Act, which gives the Minister of Finance the power to adopt registration and reporting provisions in Ireland.
The IGA`s draft Irish regulations and guidelines published on 31 May 2013 contain provisions for foreign subsidiaries or branches of an Irish IF, which are governed by agreements in foreign territories where they reside.20 Final provisions and guidelines are expected by the end of June 2013. FFIs in countries treated by an “in-force” IGA may register with the IRS as a participating FFI or FFI. This allows the FFI to adopt an agreement in countries on the brink in order to benefit from certain IGA benefits that would otherwise not be available. A country may be removed from the list if that country does not take the necessary steps to enter into force of the IGA within a reasonable time. When a country is removed from the list, ffis residing in that particular country are no longer entitled to the status that would be provided under the IGA and must update their status on the FATCA registration site accordingly.