FATCA achieves its goals by requiring certain foreign entities to disclose their U.S. investors to IRS. The regime may seriously impact a foreign entity investor’s after-tax returns if either the fund or that investor does not comply.
With a phased implementation schedule of January 1, 2013 – January 1, 2015, all existing U.S. real estate funds with foreign investors, as well as those that will rely on foreign investors for capital in new funds, will need to consider now how FATCA will impact their business.