By plang on 12/1/2011 7:09 PM

The directive 2003/48/CE, foresees a revision every three years.

On September 15, 2008, a first report from the Commission was published on its economic effects and suggested a series of improvements.

Since 2008, many drafts and compromise texts were presented but the revision is blocked at the European Council level by Austria, Luxembourg and Italy.

The solutions to move forward are now:

  • Separate the extension of the savings tax directive (BO, definition of interests) from the end of the transitional period (Austria, Luxembourg)
  • Add anti-evasion penalties (Italy)
  • Ensure that 35% tax will be applied despite Rubik

EU authorities are still hoping to get an agreement before end 2011 for an application in 2014 and will publish a report on the validity of the bilateral agreements signed by Germany and United Kingdom with Switzerland.

By plang on 12/1/2011 6:19 PM

Switzerland has reached agreements with Germany and the United Kingdom regarding:

  • The tax regularisation of relevant assets held in Switzerland by or for relevant persons
  • The effective taxation of the income and gains on relevant assets held in Switzerland by or for relevant persons and measures to safeguard the Agreement’s purpose

The contracting states shall now enact and implement all necessary measures to give effect to the terms of this Agreement.

The agreements are planned to enter into force on January 1, 2013.

By plang on 12/1/2011 3:46 PM
The timeline for final guidance has been defined in Notice 2011-53.

Treasury and the IRS plan to issue aggregated proposed regulations including guidance provided in Notice 2010-60, 2011-342011-53 and additional information on implementing Chapter 4 by December 31, 2011.

After consideration of comments, Treasury and the IRS should publish final regulations in the summer of 2012.

Draft versions followed by final versions of the associated FFI Agreement and reporting forms should also be available...
FATCA - Formulaire 8966 pour 2015
Belgique - Nouvelle taxation des plus-values
FATCA - Opening of the Registration Website
FATCA - Draft version of form 8966
FATCA – Six-Month Extension for FATCA Withholding
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