台灣金管會將設跨部門平台應因應美國全球追稅

2011-10-25 07:47時報資訊

美國FATCA法案訂於2014年起，要求在美國有投資的海外金融機構，均需與美國財政部簽署協議，同意提供具有美國籍身份客戶帳戶資料，包含姓名、地址、社會安全號碼，及納稅人識別號碼，若不遵守規定，美國政府有權預扣此金融機構在美國投資所產生的利息、股息的30％。

為因應美國FATCA（海外帳戶納稅法案）全球追稅，金管會主委陳裕璋昨（24）日表示，金管會研擬一個月內成立跨金管會、財政部、外交部平台推演美國海外追稅涉及個資法及租稅協定等問題。目前台灣並沒有與美簽訂租稅協議，金融機構仍須遵守台灣個資法和銀行法相關規定。

閱讀原始新聞... 2011.10.25 中時電子報
      　　

美追稅／金融業美籍客戶 個資恐不保

【經濟日報╱記者李淑慧／台北報導】 2011.06.21 09:36 am

美國政府追稅，追到台灣的金融機構。據了解，美國政府要求台灣金融機構，必須在明年底前與其簽合約，清查旗下是否有美國籍客戶，並將其收入資料提供給美國國稅局。

若金融機構不願意與美國政府簽這份合約，未來業者到美國投資，所有利息收入、資本利得都將被課30%的懲罰性稅負。

這項新規定恐引起台灣金融業個人資料大地震，包括銀行、保險、證券、投信公司，都無法置身事外，銀行公會、壽險公會都成立專案小組研議如何因應美國新規定。

美國「外國帳戶稅收遵從法（FATCA，Foreign Account Tax Compliance Act）」將在2013年元旦上路，此法案主要為了防堵美國人透過境外逃漏稅，因而美國國稅局跳過國外主管機關，直接要求全球金融機構簽署「外國金融機構協定」，要求業者提供具美國籍客戶的帳戶資料，包含收入、所得、資本利得的全面揭露。

這項規定讓台灣金融機構非常為難，基於個人資料保密，金融業者無法提供客戶資料給美國政府，但美國使出懲罰性課稅來威脅。

業者說，美國資本市場實在太大，根本不可能不去投資，如果被課30%的稅負，對投資收益傷害相當大。

美國FATCA新規定生效時點是2013年元旦，金融業者指出，除非做好永遠不去美國投資的準備，否則在2013年前，國內金融機構必須跟美國國稅局簽妥合約。

美國稅制是「從人主義」，不論在國內外的所得都要課稅。2009年起美國政府監控海外帳戶態度轉趨積極，曾下令擁有美國籍者，必須誠實申報美國境外金融資產，否則最高將被處罰逃稅額50%的罰金。

美國稅局規定，海外存款、證券、共同基金或退休金帳戶超過1萬美元者，均須申報。2009年8月，瑞銀集團在美國要求下，供出4,450位美國富豪逃稅名單，引起舉世重視。

金融業者表示，美國政府要求全世界的金融機構，都必須與之簽合約，交出美籍人士財產資料，台灣的金融機構也不例外，目前各產業公會也在觀察其他國家如何因應。

業者說，在台灣如果持有綠卡、雙重國籍等適用美國繳稅條件者，未來恐被挖出來繳稅。

金融帳戶拒填國籍，美祭重稅

2011-06-03 08:47 時報資訊 【時報-台北電】

(新聞來源：工商時報─記者王信人／台北報導)

美國在今年4月發布「外國帳戶稅收遵從法」的2011-34號指導方針裡，擴大課稅稅基。

　　資誠會計師事務所副總經理周思齊表示，自2013年起，我國金融機構的帳戶客戶若拒絕揭露國籍，美國國稅局將對其買賣美國金融資產的「全部價金」扣繳30％的重稅，亦即對「毛額」課重稅，而非只對「淨額」課稅，以示重懲。

　　美國的法源為「外國帳戶稅收遵從法」(FATCA)，自2013年1月1日起實施。

　　依規定，美國境外的外國金融帳戶資產在5萬美元以下者，不必強制揭露；5萬美元以上的帳戶，要填寫書面是否具有美國籍，或是有美國稅務居民的身份。

　　如果有帳戶客戶拒絕填寫、不願意揭露身份資料，則凡是與美國政府簽訂「外國金融機構協定」(FFI) 的外國金融機構，在給付「轉付款項(Passthru Payment)」時，要幫美國稅局代扣繳30％。

　　假如我國某大銀行A有3個客戶，甲是美國人，乙是台灣人，而丙不願揭露國籍，他們委託A銀行買美國政府公債100元，各有美國的利息所得4元，贖回公債時，A銀行代為轉付利息所得4元及原本的價金100元給客戶時，代扣繳方式並不同。

　　A銀行付給美國人甲時，不必扣繳，因甲會自行申報所得稅)，給付104元。給付給乙時，要對4元扣繳30％為1.2元，共給付103.8元。給付給丙時，則對104元扣繳30％，只給付73.8元，美國稅局課稅31.2元。

　　此外，周思齊表示，台灣某家小銀B行未與美國簽署FFI協定，把錢委託給給上述的A銀行保管、投資，而A拿錢去投資美國公債，並與美政府簽FFI，A在給付「轉付款項」給B，也要代扣繳全部價金與美國來源所得的30％。

　　美國透過FATCA及FFI，要求我國在內的外國金融機構代其防堵逃漏稅，對我國的銀行、保險、證券等金融機構及其客戶的權益影響很大。

　　此外，2011-34號針對外國私人銀行(Private Banking)財富管理的經理做更嚴格的規定，要求其必須在簽署FFI協定後的1年內，完成清查客戶的資料，如有違反時，要撤銷其FFI執照，這對具有中華民國及美國雙重籍的富人而言，將有很大的壓力。

Important Tax Law Changes for 2010

(Source: http://www.irs.gov/newsroom/article/0,,id=120227,00.html 02-11-2011)


Summary:

Before you complete your 2010 federal income tax return, you should be aware of many important changes. IRS wants you to keep in mind about the following changes.

Health Insurance Deduction Reduces Self Employment Tax In 2010
In 2010, besides on Form 1040 Line 29, eligible taxpayers can also enter this amount on Schedule SE Line 3 to reduce net earnings from self-employmnet subject to the 15.3 percent social security self-employment tax.

Premiums paid for health insurance
The taxpayer, spouse and dependents and an adult chile under age 27 at the end of the year, for the time period beginning on or after March 30, 2010 are covering.  Even if the child is not the taxpayer’s dependent., it is covering as well. The taxpayer cannot be eligible to participate in an employer-sponsored health plan. As before, the insurance plan must be set up under the taxpayer’s business.

First-time homebuyer credit
1. Entered into a binding contract to buy — a principal residence on or before April 30, 2010.
2. You must have closed or gone to settlement on the home on or before Sept. 30, 2010.
3. Taxpayer must file 2010 tax return on paper basis instead of electronice basis. 
4. Form 5405 is needed to attach. First-Time Homebuyer Credit and Repayment of the Credit, and a properly executed copy of a settlement statement used to complete the purchase.
5. 2008 first-time homebuyer credit must begin to repay on the 2010 return if taxpayers sold or stopped using the home as a main home.  In ost cases, the credit must be repaid over a 15-year period. Use Form 5405 to report the repayment.

Standard Mileage Rates
1. 50 cents / per mile - Business use of a car, van, pick-up or panel truckdriven.
2. 16.5 cents / per mile - Cost of operating a vehicle for medical reasons or as part of a deductible move.
3. 14 Cents / per mile - Using a car to provide services to charitable organizations set by law.

Several tax breaks that expired at the end of 2009 were renewed and can be claimed on 2010 returns. They include:

1. State and local general sales tax deduction, primarily benefiting people living in areas without state and local income taxes. Claim on Schedule A, Line 5.
2. Higher education tuition and fees deduction benefiting parents and students. Claim on Form 8917.
3. Educator expense deduction for kindergarten through grade 12 educators with out-of-pocket classroom expenses of up to $250, Claim on Form 1040, Line 23 or Form 1040A Line 16.
4. District of Columbia first-time homebuyer credit. Claim on Form 8859

IRS to Do More Research on Small Business

(Source: January 26, 2011 - Accounting Today)

Washington, D.C. - The Internal Revenue Service needs to conduct more research to identify the needs and preferences of small business and self-employed taxpayers, according to a new government report.

The report, by the Treasury Inspector General for Tax Administration, acknowledged that the IRS already is taking some steps to improve customer service for these groups, but TIGTA believes that more research could be helpful in closing the estimated $345 billion tax gap. The tax gap represents the difference between what taxpayers owe the federal government and what they actually pay on time.

The IRS attributes $148 billion, or 43 percent, of the tax gap to unreported income earned by unincorporated businesses and the associated unpaid self-employment tax.

The IRS's Small Business/Self-Employed Division serves approximately 57 million taxpayers, which represents roughly one-third of the overall taxpayer base and consists mainly of self-employed individuals and small business corporations and partnerships with assets of fewer than $10 million. It supports the IRS's goal of improving customer service by educating and informing these taxpayers of their tax obligations, developing educational products and services, helping them understand and comply with applicable laws, and protecting the public interest by applying the tax law with integrity and fairness.

The IRS is conducting research on individual taxpayers to incorporate taxpayer needs in making service improvement decisions, but it has only begun to devote sufficient resources to conduct comparable research to determine the needs of the small business taxpayer, the report noted.

Analysis of the accounts of approximately 19 million taxpayers who filed at least 1 U.S. Individual Income Tax Return (Form 1040) Profit or Loss From Business (Schedule C) for the period January 1 through July 24, 2010, showed that more than 17 million (90 percent) had Schedule C net profit/loss (gross receipts or sales minus expenses) of $25,000 or less.

The IRS is taking steps to improve customer service to small business and self-employed taxpayers, however. Outreach to small business taxpayers is based on multiple sources and delivered through a variety of channels. The SB/SE Division's Communications, Liaison, and Disclosure function has developed a process to help the IRS determine what services and information to provide these taxpayers. This allows it to extend outreach and education and to deliver information and materials through various channels.

The Communications, Liaison, and Disclosure function maintains the Issue Management Resolution System and the Outreach Initiative Database, which tracks significant issues and identify trends. However, the Issue Management Resolution System is not complete because employees do not always appropriately enter issues, and the System does not help the IRS identify industry needs because the impacted industry was identified for only 25 percent of the national issues submitted in Calendar Year 2009. In addition, 14 percent of the records were missing from the Outreach Initiative Database.

TIGTA made two recommendations, to which the IRS agreed. TIGTA recommended that the IRS (evaluate the effectiveness of the industry codes in the Issue Management Resolution System and ensure that sufficient preventive controls are activated for the Outreach Initiative Database to provide an adequate audit trail to record changes or deletions as well as the associated reasons.

The IRS agreed with the recommendations and plans to perform a review of industry selections to identify the need to add/modify the existing selections and determine if the Industry field should become a required field. In addition, during the initial development of the Outreach Initiatives Database, SB/SE Division Web technicians deleted some unused views as part of the testing and refinement process. This action created some confusion and the practice of deleting views has been discontinued. All views now being created remain in either the active or the archived database.

** TIGTA in details ------- read more

Two Tax Credits to Help Pay Higher Education Costs

Source: IRS Tax Tip 2010-12  (01-18-2011)

There are two federal tax credits available to help you offset the costs of higher education for yourself or your dependents. These are the American Opportunity Credit and the Lifetime Learning Credit.

To qualify for either credit, you must pay postsecondary tuition and fees for yourself, your spouse or your dependent. The credit may be claimed by the parent or the student, but not by both. If the student was claimed as a dependent, the student cannot file for the credit.

For each student, you can choose to claim only one of the credits in a single tax year. You cannot claim the American Opportunity Credit to pay for part of your daughter's tuition charges and then claim the Lifetime Learning Credit for $2,000 more of her school costs.

However, if you pay college expenses for two or more students in the same year, you can choose to take credits on a per-student, per-year basis. You can claim the American Opportunity Credit for your sophomore daughter and the Lifetime Learning Credit for your senior son.

Here are some key facts the IRS wants you to know about these valuable education credits:

1. The American Opportunity Credit

•The credit can be up to $2,500 per eligible student.

•It is available for the first four years of post-secondary education.

•Forty percent of the credit is refundable, which means that you may be able to receive up to $1,000, even if you owe no taxes.

•The student must be pursuing an undergraduate degree or other recognized educational credential.

•The student must be enrolled at least half time for at least one academic period.

•Qualified expenses include tuition and fees, coursed related books supplies and equipment.

•The full credit is generally available to eligible taxpayers who make less than $80,000 or $160,000 for

married couples filing a joint return.

2. Lifetime Learning Credit

•The credit can be up to $2,000 per eligible student.

•It is available for all years of postsecondary education and for courses to acquire or improve job skills.

•The maximum credited is limited to the amount of tax you must pay on your return.

•The student does not need to be pursuing a degree or other recognized education credential.

•Qualified expenses include tuition and fees, course related books, supplies and equipment.

•The full credit is generally available to eligible taxpayers who make less than $60,000 or $120,000 for married couples filing a joint return.

You cannot claim the tuition and fees tax deduction in the same year that you claim the American Opportunity Tax Credit or the Lifetime Learning Credit. You must choose to either take the credit or the deduction and should consider which is more beneficial for you.

For more information about these credits see IRS Publication 970, Tax Benefits for Education available at http://www.irs.gov or by calling the IRS forms and publications

FATCA - Foreign Account Tax Compliance Act

FATCA: A New Disclosure and Withholding Regime

(Source: Deloitte Website 01-17-2011)

Under newly proposed U.S. Treasury Code Sections 1471 through 1474, effective for payments after December 31, 2012, all foreign financial institutions (FFIs) will be required to enter into disclosure compliance agreements with the U.S. Treasury, and all non-financial foreign entities (NFFEs) must report and/or certify their ownership or be subject to the same 30 percent withholding. This new reporting and withholding regime will ultimately impact current account opening processes, transaction processing systems and “know your customer” procedures utilized by foreign banks. Chief compliance officers, tax reporting heads and other key players within your organization will need to evaluate the potential impact of these regulations and develop a plan for managing and remediating any potential risk associated with Foreign Account Tax Compliance Act (FATCA) non-compliance.

Relevance and Impact

The legislative intent of FATCA is to ensure there is no gap in the ability of the U.S. government to determine the ownership of U.S. assets in foreign accounts. As such, this revenue raising provision, which was originally enacted as a part of the Hiring Incentives to Restore Employment (HIRE) Act (Pub. L. No. 111-147), is expected to significantly impact the systems and operations of both U.S. and non-U.S. companies. While the regulations have not been finalized to date, companies will likely need to make modifications to their internal systems, control frameworks, processes and procedures for timely compliance with these regulations on or before their effective date of January 1, 2013.

Foreign Account Tax Compliance Act 2013年上路

(閱讀完整新聞: 01-18-2011 聯合新聞網)

      美國要求各國金融業者於2013年起，依照「外國帳戶稅收遵從法」（FATCA，Foreign Account Tax Compliance Act）向美國國稅局 (IRS)揭露美籍客戶帳戶資訊。要求全球金融機構簽屬「外國金融機構協定」（FFI，Foreign Financial Institutions Agreement）並提供具美國籍身分客戶的帳戶資料，揭露其收入、所得、資本利得，否則將對金融機構在美國資本利得強制扣繳30%的稅。此舉不僅衝擊台灣的個人資料保護法，對美籍或非美籍公司之內部控制系統及運作也將有重大影響，金融業的開戶流程及了解客戶 (KYC, Know Your Customer) 程序也將有變化。

IRS Tax Tip 2011-04 - Ways to Obtain IRS Forms and Publications

Source: http://www.irs.gov/newsroom/article/0,,id=105375,00.html
Issue Number: IRS Tax Tip 2011-04


____________________________________________________

Ways to Obtain IRS Forms and Publications

The Internal Revenue Service has free tax forms and publications on a wide variety of topics. Due to the continued growth in electronic filing, the availability of free options to taxpayers and efforts to reduce costs; the IRS will no longer be automatically mailing paper tax packages.

If you need IRS forms, here are four easy methods for getting the information you need.

1. On the Internet You can access forms and publications on the IRS website 24 hours a day, seven days a week, at http://www.irs.gov.

2. Taxpayer Assistance Centers There are 401 TACs across the country where IRS offers face-to-face assistance to taxpayers, and where taxpayers can pick up many IRS forms and publications. Visit http://www.irs.gov and go to Contact My Local Office on the Individuals page to find a list of TAC locations by state. On the Contact My Local Office page, you can also select TAC Site Search and enter your zip code to find the IRS walk-in office nearest you as well as a list of the services available at specific offices.

3. At Convenient Locations in Your Community During the tax filing season, many libraries and post offices offer free tax forms to taxpayers. Some libraries also have copies of commonly requested publications. Many large grocery stores, copy centers and office supply stores have forms you can photocopy or print from a CD.

4. By Mail You can call 1-800-TAX-FORM 1-800-TAX-FORM (800-829-3676 800-829-3676 ) Monday through Friday 7:00 am to 10:00 pm local time – except Alaska and Hawaii which follow Pacific time – to order current year forms, instructions and publications as well as prior year forms and instructions by mail. You will receive your order by mail, usually within 10 days.

Please wait until after January 10, 2011, to order tax products for 2010.

IRS Tax Tip 2011-03 - Choose the Simplest Tax Form for Your Situation

Source: http://www.irs.gov/newsroom/article/0,,id=105099,00.html

Issue Number: IRS Tax Tip 2011-03

_____________________________________________________________ 

Choose the Simplest Tax Form for Your Situation

Since 2010, IRS will no longer be mailing papaer tax packages to reduce costs because of the continued growth in electronic filing. If you file your return using IRS e-file, the system will automatically decide which form you need.

Here are some general rules to consider when deciding which paper tax form to file.

Use the 1040EZ if:

• Your taxable income is below $100,000
• Your filing status is Single or Married Filing Jointly
• You and your spouse – if married -- are under age 65 and not blind
• You are not claiming any dependents
• Your interest income is $1,500 or less

(PDF Link:
Use the 1040A if:

• Your taxable income is below $100,000
• You have capital gain distributions
• You claim certain tax credits
• You claim adjustments to income for IRA contributions and student loan interest

If you cannot use the 1040EZ or the 1040A, you’ll probably need to file using the 1040. Among the reasons you must use the 1040 are:

• Your taxable income is $100,000 or more
• You claim itemized deductions
• You are reporting self-employment income
• You are reporting income from sale of property

IRS Tax Tip 2011-02 - Do I have to File a Tax Return?

Source: http://www.irs.gov/newsroom/article/0,,id=105097,00.html

Issue Number:    IRS Tax Tip 2011-02

______________________________

Do I have to File a Tax Return?


Depending on your filing status, age and the type of received income, you will have to file a federal income tax return if your income is higher that a certain level.

IRS website at http://www.irs.gov provides the details of the instructions for Form 1040, 1040A, or 1040EZ.  Also, the Interactive Tax Assistant (ITA) is available on the IRS website to determine if you need to file a tax return.  There are seven reasons why you may want to file a tax return even if you don't have to:

1. Federal Income Tax Withheld You should file to get money back if Federal Income Tax was withheld from your pay, you made estimated tax payments, or had a prior year overpayment applied to this year’s tax.

2. Making Work Pay Credit It is an earned income from work. The maximum credit for a married couple filing a joint return is $800 and $400 for other taxpayers.


3. Earned Income Tax Credit  You may qualify for EITC if you worked, but did not earn a lot of money.EITC is a refundable tax credit.

4. Additional Child Tax Credit This refundable credit may be available to you if you have at least one qualifying child and you did not get the full amount of the Child Tax Credit.

5. American Opportunity Credit The maximum credit per student is $2,500 and the first four years of postsecondary education qualify.

6. First-Time Homebuyer Credit
 (1) For First-Time Homebuyer
        (a) The credit is a maximum of $8,000 or $4,000 for married filing separately.
        (b) To qualify for the credit, taxpayers must have bought – or entered into a binding contract to buy – a principal residence located in the United States on or before April 30, 2010.  If you entered into a binding contract by April 30, 2010, you must have closed on the home on or before September 30, 2010.
 (2) For long-time residents: 
      If you bought a home as your principle residence in 2010, you may be able to qualify and claim the credit even if you already owned a home. In this case, the maximum credit for long-time residents is $6,500, or $3,250 if your filing status is married filing separately.

7. Health Coverage Tax Credit Certain individuals, who are receiving Trade Adjustment Assistance, Reemployment Trade Adjustment Assistance, or pension benefit payments from the Pension Benefit Guaranty Corporation, may be eligible for a Health Coverage Tax Credit worth 80 percent of monthly health insurance premiums when you file your 2010 tax return.

IRS Top 10 Tax Time Tips

Source: http://www.irs.gov/newsroom/article/0,,id=118985,00.html

Date: January 03, 2011
Issue Number: IRS TAX TIP 2011-01

_________________________________________________________

Top 10 Tax Time Tips

It’s that time of the year again, the income tax filing season has begun and important tax documents should be arriving in the mail. Even though your return is not due until April, getting an early start will make filing easier. Here are the Internal Revenue Service’s top 10 tips that will help your tax filing process run smoother than ever this year.

1. Start gathering your records Round up any documents or forms you’ll need when filing your taxes: receipts, canceled checks and other documents that support income or deductions you’re claiming on your return.

2. Be on the lookout W-2s and 1099s will be coming soon; you’ll need these to file your tax return.

3. Use Free File: Let Free File do the hard work for you with brand-name tax software or online fillable forms. It's available exclusively at http://www.irs.gov. Everyone can find an option to prepare their tax return and e-file it for free. If you made $58,000 or less, you qualify for free tax software that is offered through a private-public partnership with manufacturers. If you made more or are comfortable preparing your own tax return, there's Free File Fillable Forms, the electronic versions of IRS paper forms. Visit www.irs.gov/freefile to review your options.

4. Try IRS e-file: After 21 years, IRS e-file has become the safe, easy and most common way to file a tax return. Last year, 70 percent of taxpayers - 99 million people - used IRS e-file. Starting in 2011, many tax preparers will be required to use e-file and will explain your filing options to you. This is your chance to give it a try. IRS e-file is approaching 1 billion returns processed safely and securely. If you owe taxes, you have payment options to file immediately and pay by the tax deadline. Best of all, combine e-file with direct deposit and you get your refund in as few as 10 days.

5. Consider other filing options There are many different options for filing your tax return.You can prepare it yourself or go to a tax preparer.You may be eligible for free face-to-face help at an IRS office or volunteer site.Give yourself time to weigh all the different options and find the one that best suits your needs.

6. Consider Direct Deposit If you elect to have your refund directly deposited into your bank account, you’ll receive it faster than waiting for a paper check.

7. Visit the IRS website again and again The official IRS website is a great place to find everything you’ll need to file your tax return: forms, publications, tips, answers to frequently asked questions and updates on tax law changes.

8. Remember this number: 17 Check out IRS Publication 17, Your Federal Income Tax on the IRS website. It’s a comprehensive collection of information for taxpayers highlighting everything you’ll need to know when filing your return.

9. Review! Review! Review!Don’t rush. We all make mistakes when we rush.Mistakes will slow down the processing of your return. Be sure to double-check all the Social Security Numbers and math calculations on your return as these are the most common errors made by taxpayers.

10. Don’t panic! If you run into a problem, remember the IRS is here to help. Try http://www.irs.gov or call toll-free at 800-829-1040 or 800-829-1040 .

US IRS - Notice 1036 - 2011 Percentage Method Tables for Income Tax Withholding

http://www.irs.gov/pub/newsroom/notice_1036.pdf?portlet=7

 (Source: IRS website)

** The following payroll tax rates are from IRS Publication 15. The comparison including withholding for FICA tax, Medicare tax and FUTA taxes for year 2010 and year 2011.

 Year 2010 

Tax          Maximum Earnings       Rate
FICA           $106,800.00               6.20%
Medicare        Unlimited                1.45%
FUTA            $7,000.00                 0.80%

Deductions per dependent: $3,650.00


Year 2011
(Revised December 20, 2010)


Tax              Maximum Earnings     Rate
FICA                $106,800.00      4.20% (For ER's FICA, remained 6.20%)
Medicare            Unlimited              1.45%
FUTA                 $7,000.00             0.80%

Deductions per dependent: $3,700.00