Regulatory Analysis

Posted May 19, 2017 by Lee Pender
Washington Exempts Construction Materials for Disabled Veterans

The State of Washington has passed new legislation which provides an exemption for materials incorporated into and services rendered in respect to adapted housing for disabled veterans from retail sales tax. The exemption only applies to construction projects for disabled veterans approved by the United States Department of Veteran Affairs. The exemption will be in […]

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Posted May 19, 2017 by Lee Pender
Guernsey Publishes CRS Bulletin on Reporting Trustee Documented Trusts

Guernsey recently published Bulletin 2017/3, detailing how Trustee Documented Trusts (“TDT”) must report under the Common Reporting Standard (“CRS”). This bulletin provides guidance on the format for electronic reporting through the Information Gateway Online Reporter (IGOR), the Guernsey electronic reporting portal. While trusts would ordinarily be considered Reporting Financial Institutions (RFIs) under Schedule 2 […]

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Posted May 19, 2017 by Lee Pender
Costa Rica Releases FATCA 2.0 Guidance

On May 15, Costa Rica released additional documentation for reporting under FATCA 2.0.  The documentation include Client Configuration Guide v 2.0, a user guide for the FATCA reporting site, and example XML files according to the 2.0 standard.  These documents provide essential guidance for parties needing to file FATCA returns with Costa Rica. To […]

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Posted May 19, 2017 by Lee Pender
Cayman Islands Opens Portal & Releases User Guide

The Cayman Islands has opened its AEOI Portal for CRS and FATCA notification and reporting.  In addition, a new portal user guide has been released.  The guide provides assistance with both the notification and reporting requirements.  Reporting Financial Institutions should keep in mind that there will be no CDOT functionality on the portal for this […]

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Posted May 12, 2017 by Lee Pender
North Dakota Increases Prepaid E911 Fee

North Dakota recently enacted legislation which will increase the Prepaid Wireless Emergency 911 Fee from 2.0% to 2.5% effective July 1, 2017. Retailers are required to collect this fee on all sales of prepaid wireless services and minutes. Retailers must remit the collection of such fees to the State Tax Commissioner. Revenue generated from this increase […]

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Posted May 12, 2017 by Lee Pender
North Dakota Exempts Internet Access Services from Sales and Use Tax

Effective July 1, 2017, North Dakota will begin to provide an exemption from sales tax for sales of “internet access services.” Since 1998, the Internet Tax Freedom Act has prohibited federal, state and local governments from levying a tax on internet access however, seven states which previously had imposed taxes on internet access, including North Dakota, were […]

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Posted May 12, 2017 by Lee Pender
North Dakota Expands Exemption for Farm Machinery to Include Dairy Farm Equipment

Effective July 1, 2017, North Dakota will expand the definition of “Farm Machinery” to include machinery, equipment and materials used exclusively in a milking operation of a dairy farm. In North Dakota, sales of new farm machinery sold exclusively for agricultural purposes are taxed at a lower tax rate of 3% compared to the general […]

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Posted May 12, 2017 by Lee Pender
North Dakota’s Telecom Infrastructure Exemption to Expire

North Dakota’s sales and use tax exemption for tangible personal property used to construct or expand telecommunications service infrastructure is set to expire on June 30, 2017. This exemption covers cell towers, switching equipment, cable, and other infrastructure items used directly in delivering telecommunication services and owned by a telecommunications company. In order to receive […]

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Posted May 12, 2017 by Lee Pender
Spain Revises FATCA XML Guidance

The Spanish Tax Administration has updated its XML guidance for submitting FATCA returns. There is only one significant revision of which filers should take note. It provides a web address for the consultation of presentations made in the preproduction test environment. In order to access this page, the filer will need to have a […]

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Posted May 12, 2017 by Lee Pender
Spain Publishes New CRS and FATCA FAQs

The Spanish Tax Administration has published additional answers to Frequently Asked Questions regarding FATCA and CRS reporting. The questions address specific circumstances – under both FATCA and CRS – in which a Financial Institution is obligated to carry out blocking of a financial account for both entities and natural persons: A Financial Institution must […]

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Posted May 12, 2017 by Lee Pender
Jersey Posts Reporting Guidance for CRS

Jersey has posted guidance for next month’s CRS reporting.  Jersey had previously released guidance in April for FATCA.  This publication contains information on single or multi-jurisdictional reporting, trustee and third party reporting, and nil returns, amongst others.  Jersey’s due date is June 30.  As such, this publication should be reviewed by Reporting Financial Institutions to […]

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Posted May 12, 2017 by Lee Pender
Bermuda Releases CRS Guidance

Bermuda has published Guidance for Financial Institutions to follow with respect to the Common Reporting Standard.  Financial Institutions and their advisors should pay particular attention to the information as it covers many facets of the due diligence and reporting requirements.  In particular, the Guidance provides that the due date for this year’s reporting will be […]

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Posted May 12, 2017 by Lee Pender
Bahrain Publishes CRS Legislation

Bahrain, a late adopter jurisdiction, has recently posted legislation (CRS Directive) concerning the Common Reporting Standard.  The legislation, though brief, does provide some important information for Financial Institutions.  Of note, Bahrain will require CRS returns to be furnished by May 2, and that FIs submit nil reports.  In addition, there is a list of Participating Jurisdictions […]

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Posted May 12, 2017 by Lee Pender
Costa Rica Publishes Communication on FATCA Reporting

Costa Rica recently published a communique on FATCA reporting.  The document sets the reporting dates for 2016 information to be reporting in 2017.  Reporting dates will run from May 12 to August 11, 2017.  The document also provides links to the portals available for reporting, as well instructions for registration of reporters and, validation, testing, […]

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Posted May 12, 2017 by Lee Pender
Monaco Releases Updated CRS Guidance Publication

Monaco recently published an updated publication on the implementation of the automatic exchange of information. This publication relates to how financial institutions must report under the OECD’s Common Reporting Standard (CRS). This most recent update includes a few updates to existing language surrounding trusts, specifically with regard to controlling persons. The settlor, trustee, protector, […]

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Posted May 9, 2017 by Lee Pender
India Updates AEOI Schema for Filing Year 2017

India recently published an update to Form 61B, which is part of the XML schema used by India for AEOI reporting. The two changes apply to the following fields: The XML Element Name “AcctCatg” was added under Form61B/PartBReportDetails/AccountDtls; The XML Element “CurrCode” was modified by providing all currency codes along with INR […]

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Posted May 5, 2017 by Lee Pender
OECD Publishes Updated FAQs and Informational Pages, Turkey Signs MCAA

The OECD has released the April 2017 version of its Frequently Asked Questions, which give detailed explanations on a variety of CRS topics. The following additional issues are addressed in the updated FAQ publication: Qualification of usufruct (a legal right to use and derive profit from property) for CRS purposes Identification of Controlling […]

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Posted May 3, 2017 by Lee Pender
United Kingdom Enacts Amendments to International Tax Compliance Regulations

The United Kingdom Parliament has passed a set of amendments to the previously enacted International Tax Compliance Regulations of 2015. This legislation governs the responsibilities of British Financial Institutions to comply with both the FATCA and CRS reporting regimes. These new regulations, which are scheduled to come into force on May 17, 2017, modify […]

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