AmCham Macedonia Winter 2015 (Issue 44) | Page 19

ANALYSIS FATCA Intergovernmental Agreements Finalized or “Agreed in Substance” with European Countries as of January 2015 to sign intergovernmental agreements (IGAs) with the United States to become FATCA-compliant. These agreements include: 1. Model 1A IGA – a reciprocal agreement (meaning that U.S. institutions also share information they gather about the partner country’s taxpayer activities in the United States) according to which the other country’s financial institutions report all FATCArelated information to their own governmental agencies, which will then report FATCA-related information to the IRS; 2. Model 1A IGA – same as above, but without reciprocity; 3. Model 2 IGA – the other country’s financial institutions report directly the IRS and the partner country agrees to eliminate legal barriers to carrying out FATCA reporting. Map created by AmCham Macedonia based on U.S. Treasury Department data published as of January 12, 2015 at http://www.treasury.gov/resource-center/tax-policy/treaties/Pages/FATCA-Archive.aspx, Map creation tool: http://philarcher.org/ diary/2013/euromap/. International Implementation FATCA in Macedonia Macedonia is one of the few European countries that has yet to conclude or agree in substance on FATCA (others in southeastern Europe include Albania and Bosnia and Herzegovina). While all financial institutions in the country have already taken measures to comply with these reporting requirements, the country maintains laws which make such reporting unnecessarily difficult or even illegal. So far, the Macedonian Government has not taken any public stance on FATCA. In the beginning, FATCA’s international implementation faced certain legal difficulties. These legal hurdles were particularly related to the transfer of personal data (which is strictly regulated in most jurisdictions). Due to the complexity of the Act, the Treasury Department delayed FATCA’s implementation twice. FATCA is now expected to be fully applied in 2015. It should also be noted that in May of 2014 the IRS announced that FATCA is now expected FATCA’s enforcement would be relaxed for the law’s first two years as long as to be fully applied the institutions make a “good faith in 2015. It should also be noted that in effort” toward compliance. Nevertheless, FATCA’s implementation is quickly gathering pace. A large number of countries (including all of the G7 countries) have already signed or have agreed in substance Emerging Macedonia Winter 2015 Issue 44 In Europe, virtually all countries have either finalized agreements or signed “agreements in substance”, shown in green in the map above. May of 2014 the IRS announced that FATCA’s enforcement would be relaxed for the law’s first two years ... However, FATCA compliance is a matter of when, not if. Therefore, it makes no sense for Macedonia to remain without an IGA with the United States on FATCA. The lack of an IGA will be a negative signal to the global financial and business community and thus can do nothing but harm government efforts to attract FDI. 19