Final FATCA Regulations and Evolving IGAs
On January 17, 2013 the US Treasury Department and Internal Revenue Service (IRS) released the long-awaited final regulations for the Foreign Account Tax Compliance Act (FATCA). The final rules provide some welcome practical improvements on issues of particular importance to the investment management industry. Nevertheless, the scope of FATCA as applied to the investment management industry remains sweeping and meeting the Act’s complex obligations may have significant business and operating model implications for funds and investment management firms. Specifically, FATCA may change how investment management firms: 1) interact with investors, clients, and counterparties; 2) structure their products and services (onshore and offshore); and 3) engage with distributors, administrators and other intermediaries and service providers, as well as with regulators.