Regulators Warn Banking Organizations Dealing with Crypto
On 1/3/23, Regulatory Agencies; including the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller issued a Joint Statement on Crypto-Asset Risks to Banking Organizations. The Regulatory Agencies want to ensure that Banking Organizations understand that the risks related to the crypto-asset sector that cannot […]
Model 1 FFIs get FATCA Temporary Reporting Relief
On 12/30/22, the IRS issued Notice 2023-11 with the purpose of providing FATCA reporting relief to Model 1 FFIs who have been unable to obtain US TINs for their pre-existing accounts that are US reportable accounts. In turn, the Model 1 FFIs will provide information that the IRS can analyze to determine why these TINs […]
Digital Assets 2022 US Tax Form Instructions
In an early release (10/17/18) of Draft IRS Tax Forms 1040 and 1040-SR Instructions, the IRS has provided U.S. Taxpayers digital assets holders a bit more clarity about how to report digital assets on their 1040 income tax forms. On 9/1/22, the IRS posted Form 1040 2022 Draft. Form 1040 is the U.S. Individual Income […]
When are Casinos Financial Institutions?
According to the IRS and FinCEN, Casinos licensed to do business as casinos and which have gross annual gaming revenues in excess of $1,000,000 are Financial Institutions subject to the requirements of the Bank Secrecy Act, which is known as Title 31. As a result, Casinos are subject to the Bank Secrecy Act and are […]
IRS-CI Expands Partnerships with Foreign Counterparts
On 11/3/22, IRS-CI (IRS Criminal Investigation) released it FY2022 Annual Report highlighting more than 2,550 investigations, 90% conviction rate; enforcement actions focused on tax fraud, money laundering, cybercrimes, and important partnerships. During its Fiscal Year 2022, which began Oct. 1, 2021, and ended Sept. 30, 2022, IRS-CI identified over $31 billion from tax and financial […]
Sponsoring Entities under IRS FATCA scrutiny
On 10/11/22, the IRS issued Notice Number 2022-05: FATCA Registrations: Sponsoring Entities with no Registered Sponsored Entities. The IRS has identified Sponsoring Entities that do not appear to have Sponsored Entities registered in the FATCA Registration System. A Sponsored Entity is a Sponsored FFI or a Sponsored Direct Reporting NFFE. Sponsoring Entity A Sponsoring Entity […]
Crypto-Asset Activities Not Paired with Regulation
The U.S. Department of the Treasury through its Financial Stability Oversight Council issued a press release presenting its Report on Digital Assets Financial Stability Risk and Regulation on 10/3/22 highlighting how crypto-asset activities could pose risks to the stability of the U.S. financial system if their “interconnections with the traditional financial system or their overall […]
Beneficial Ownership under FinCEN’s Final Rule
On 9/29/22 FinCEN issued the very anticipated Final Rule establishing a beneficial ownership information reporting requirement, pursuant to the bipartisan Corporate Transparency Act (CTA). The Final Rule will require most corporations, limited liability companies, and other entities created in or registered to do business in the United States to report information about their beneficial ownership. […]
Corporate Crime at the Forefront of the DOJ
On September 15, 2022, Department of Justice (DOJ) Deputy Attorney General Lisa Monaco delivered remarks on Corporate Criminal Enforcement at the NYU Program on Corporate Compliance and Enforcement and announced new guidance for the DOJ’s corporate enforcement policies. The new corporate crime guidance focuses on individual accountability (DOJ’s #1 priority), companies with a history of […]
IRS Whistleblower Program – Exposing Tax Law Violations
The IRS Whistleblower Program helps boost the “fair and effective enforcement of our nation’s tax laws and the success of our voluntary tax system.” The IRS Whistleblower Program is dependent on people who become aware of tax fraud and tax non-compliance and report that information to the IRS. As per the IRS: “people with firsthand […]
White House follows up with Digital Assets Priorities Identified in Executive Order
President Biden’s Executive Order (EO) on Ensuring Responsible Development of Digital Assets was signed on 3/9/22 acknowledging how the rise in digital assets creates an opportunity to reinforce the leadership of the U.S. in the global financial system as well as its implications for consumer protection, financial stability, national security, and climate risk. On 9/16/22, […]
Form 1040 2022 Draft: IRS Changes Crypto Question
On 9/1/22, the IRS posted Form 1040 2022 Draft. Form 1040 is the U.S. Individual Income Tax Return and since tax year 2019, Form 1040 has been asking taxpayers about their virtual currency doings on the front page. Form 1040 2022 Draft changes the crypto terminology from “virtual currency” to “digital assets”. The purpose of […]
