Contexte et enjeux
Ce cours est dispensé dans le cadre du Certificat en Fiscalité Bancaire Appliquée
Cours en anglais
Since the entry into force of the FATCA rules, the United States requires from foreign financial institutions (foreign financial institutions (FFI)) that any commercial relationship involving taxable persons in the United States be communicated to the US tax authorities. As a result, many countries, including Switzerland, have put in place intergovernmental agreements with the United States to facilitate the implementation of FATCA in their country.
Driven by obligations under the FATCA regime, a number of changes, notices and new requirements have obscured the financial landscape.
In order to meet the regulatory requirements, this training will provide participants with a better understanding of the general aspects of FATCA as well as recent developments, the new intergovernmental agreement and the obligations that financial institutions are under. It will enable them to understand the role and obligations of due diligence, reporting and tax deduction of the responsible officers.
At the end of this training, the participants must be able to:
- Know the recent developments under the FATCA regime as well as the new agreement ;
- Know the different obligations that flow from the FATCA regime ;
- Complete reporting tasks and reporting Responsible officers under the FATCA regime ;
- Understand and complete compliance certificates under FATCA ;
- Apply the rules of FATCA ;
- Analyze and understand the risks of non-compliance with rules.
- Review of the FATCA System and fundamentals
- Recent developments under the FATCA regime
- Intergovernmental Agreement between Switzerland and the United States on Cooperation for the Implementation of FATCA
- The role of responsible officers (including due diligence and reporting)
- Compliance certificates
- US forms and FATCA bank forms
- Implementation in the financial industry
- Risks incurred in case of non-compliance with the rules of compliancy
This certificate is intended primarily for people who are evolving or planning to work in the following areas :
- Banking Taxation ;
- Financial Planning ;
- Private Management:
- Relationship Management ;
- Financial Intermediaries (lawyers, trustees, …) ;
- Independent Wealth Management ;
- Risk, Legal & Compliance ;
- Operations – Back & Middle Office ;
- Banking Management.
Biographie du formateur
American lawyer Of Counsel, Jamar Brown has been with Lenz & Staehelin for over ten years.
He specializes in advising on financial information exchange schemes, including FATCA and the AEOI established by the OECD, areas in which he has acquired in-depth expertise. He is also involved in dispute resolution, both in international arbitration across Europe and cross-border litigation involving private clients and trustees.
Jamar Brown holds a Bachelor of Science in Business Administration from the University of Vermont, an MPA from Seton Hall University as well as Juris Doctor Degree from the Vermont Law School. He was admitted to the California Bar in 2006.