FATCA: Charter Challenge?

The federal government has now solved a major problem for Canada’s banks by entering into an intergovernmental agreement concerning FATCA with the United States. The details about the privacy implications of FATCA can be found in previous posts here, here and here. With this agreement, the “end game” of FATCA compliance for Canada appears close at hand and there’s an important […]

FATCA Delayed

Since the FACTA posts on this blog have generated a lot of traffic, I thought I’d pass along some information from my good friend Peter McLaughlin in Morrison Foerster’s New York office. It appears the IRS have decided to shift the implementation date for FATCA from 31 December 2013 to 1 July 2014. Not a […]

FATCA Revisited

I’ve written about FATCA before, here and here, with respect to the privacy law implications of this American tax compliance initiative. However, I was recently presented with a letter on the subject that made me pause.  A noted Canadian constitutional law expert has raised a rather interesting aspect and it seems what may get Canadian […]

It’s Time You Met FATCA

Somewhere along the line Canadians developed an almost pathological paranoia about the U.S. PATRIOT Act but this post isn’t about that legislation. No, it’s about the new American kid on the block: the Foreign Accounts Tax Compliance Act* (“FATCA”). It actually makes one feel sorry for financial institutions and other organizations affected by this legislation.