FATCA Hong Kong
FATCA Hong Kong Reporting Agreement: While the United States and Hong Kong have not yet entered into a Bilateral Tax Treaty, the two countries have entered into a FATCA Agreement. FATCA is the Foreign Account Tax Compliance Act. It requires each country to report account holders to the other country.
The purpose is to ensure that, for example, a U.S. person with foreign accounts in Hong Kong is properly reporting their foreign accounts to the U.S. government with the IRS tax return.
The overall goal of FATCA Hong Kong is to minimize and eliminate offshore tax evasion between the two countries, which was signed in 2014.
We will summarize the basics of the FATCA Hong Kong Reporting Agreement.
Foreign Financial Institution (FFI) Requirements
Foreign Financial Institutions or FFIs are required to report U.S. account holder information to the U.S. government, and vice-versa.
For example, if Michael is a U.S. Legal Permanent Resident and has an account at Hang Seng Bank, then Hang Seng Bank is required to report the account holder information, balances, and other information to the IRS.
FATCA Hong Kong U.S. Taxpayer Reporting
When a Taxpayer meets the FATCA Hong Kong threshold requirement for FATCA, they are required to report the institution, balance and income information on Form 8938.
In addition, to the FATCA 8938 Form, Taxpayers may have other reporting requirements as well, including:
- FBAR (FinCEN Form 114)
- Form 3520
- Form 3520-A
- Form 5471
- Form 8621
- Form 8865
Taxpayer Non-Compliance with FATCA Hong Kong
The failure to comply with FATCA Hong Kong reporting and other offshore filing requirements may result in Form 8938 penalties, along with other offshore penalties.
These penalties may be avoided and/or abated with voluntary disclosure or reasonable cause.
What is CRS?
CRS is the Common Reporting Standard. It is similar to FATCA, and sometimes referred to as GATCA (Global Account Tax Compliance Act). The CRS requirements are similar to FATCA, but the U.S. is not a part of CRS.
When a taxpayer receives a FATCA Letter, it is sometimes titled a FATCA CRS Letter.
We Specialize in Streamlined & Offshore Voluntary Disclosure
Our firm specializes exclusively in international tax, and specifically IRS offshore disclosure, including issues involving FATCA Hong Kong.
We are the “go-to” firm for other Attorneys, CPAs, Enrolled Agents, Accountants, and Financial Professionals across the globe. Our attorneys have worked with thousands of clients on offshore disclosure matters, including FATCA & FBAR.
Each case is led by a Board-Certified Tax Law Specialist with 20-years experience, and the entire matter (tax and legal) is handled by our team, in-house.
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Less than 1% of Tax Attorneys Nationwide Are Certified Specialists
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Recent Case Highlights
- We represented a client in an 8-figure disclosure that spanned 7 countries.
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How to Hire Experienced Offshore Counsel?
Generally, experienced attorneys in this field will have the following credentials/experience:
- 20-years experience as a practicing attorney
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- Dually Licensed as an EA (Enrolled Agent) or CPA
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We specialize in FBAR and FATCA. Contact our firm today for assistance with getting compliant.