FATCA stands for the Foreign Account Tax Compliance Act, a U.S. tax initiative that requires all financial Institutes (including Indian Mutual Funds) to report financial transactions of US persons including entities in which U.S. persons hold a substantial ownership, etc. to the relevant tax authorities. It is introduced by the United States Department of Treasury and the US Internal Revenue Service (IRS), the purpose of FATCA is to encourage better tax compliance by preventing US persons from using financial institutions outside US to avoid US taxation on their income and assets.
As part of FATCA and various ongoing tax and regulatory developments around the globe financial institutions are required to do an additional investor related due diligence. Towards compliance with FATCA, we would be required to seek additional personal, tax and beneficial owner information and certain certifications and documentation from our investors. Indian Mutual Funds are required to share financial account / asset information of accountholders who are tax residents of US.
FATCA legislation will affect both individual and entities customers who are treated as a ‘US person’ for US tax purposes. The FATCA legislation will also affect certain types of entities with beneficial owners/ controlling persons from US.
An account having U.S. indicia like U.S place of birth, U.S. address etc. does not necessarily mean that the account would be reported. However such accounts would be subjected to closer scrutiny.
The 'term US person' means: