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No Need For American Expats To Panic Over FATCA, Says Asia-Based Wealth Firm
Tom Burroughes
3 October 2013
Despite the drum-beat of noise about the onerous compliance burdens
imposed by the US FATCA Act, expat Americans should not take drastic action
such as surrendering citizenship, Hong Kong-based Guardian Life Management, the
international financial planning firm, has argued. FATCA – or Foreign Account Tax Compliance Act – was enacted
into law in 2010 and is being rolled out in the next few years (albeit with
several delays already). It requires what are deemed foreign financial institutions
that may deal with US clients, or have exposure to US markets, to register as US-compliant
organizations or pay a 30 per cent withholding tax to the US. The costs
of verifying backgrounds of expat Americans, and other details, has encouraged
a number of FFIs, such as Deutsche Bank and HSBC, to stop serving such US clients. Hundreds
of US citizens have given up their citizenship to avoid future compliance
problems. But Guardian Life Management, part of , a global firm, argues that there is no need for people to panic. We have seen a marked increase in the number of calls from US
clients who have been turned away by others as they don’t want the cost and
complexity of complying with FATCA. Although US citizens may have less choice
when it comes to who to bank with and who to receive their financial advice
from, there are still options that make it plausible for them to live overseas
and protect their financial future,” Simon Parfitt, chief executive of Guardian
Life Management, said in a statement. As previously reported, more than a thousand US citizens have
surrendered their passports to US embassies around the world so far this year,
according to the US Federal Register. Parfitt believes such measures are drastic. “We are urging US expats considering handing in their
passport to think again. There are other options that allow the mapping out of
a financial plan that will both protect and build their wealth for their
family’s future,” he said. Ross Feingold,
senior advisor at DC International Advisory, was quoted in the statement as
saying: “Negotiations between the US Treasury and regulators throughout the
world to enter into FATCA intergovernmental agreements
must be monitored too. Under an IGA, US persons' account information can be
reported to the US government, and because factors in addition to citizenship
determine whether an account is reportable, citizenship status changes will not
necessarily cause a financial institution to reclassify an account as
non-reportable.”