The BOSS and FinCEN
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. […]
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 […]
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 […]
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. […]
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, […]
The FATCA Loophole will bring more Enforcement Action
After a yearlong investigation, the US Senate Finance Committee probed into a FATCA Loophole and delivered an investigative report titled “The Shell Bank Loophole” that exposes a tax evasion scheme under a FATCA loophole that allows banks offshore to accept funds from U.S. persons without reporting them to the IRS. Senate Finance Committee Chair Ron […]
FDIC Crypto Protection? No way!
On 7/29/22, the FDIC published a Crypto Advisory: “Advisory to FDIC-Insured Institutions Regarding Deposit Insurance and Dealings with Crypto Companies” due to its concern regarding the confusion that consumers have regarding Crypto assets “offered by, through, or in connection with insured depository institutions (insured banks)”. Crypto assets are not legal tender (not fiat currency) and […]
Can the IRS Collect Assets Abroad?
The answer to the question “Can the IRS Collect Assets Abroad”” is yes, based on the Office of Chief Counsel Internal Revenue Service memorandum dated February 24, 2022. The memorandum discusses the IRS Collection Procedures for Assets outside of the U.S. The IRS has several collection tools and the use of various information sources available […]
CDD Friendly Reminder from the Agencies to the Banks
On 7/6/22, the Agencies (Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Financial Crimes Enforcement Network, the National Credit Union Administration, and the Office of the Comptroller of the Currency) issued a joint statement to remind the banks of the risk-based approach to assessing customer relationships and conducting customer […]
