FATCA и CRS для семейных офисов

Введение

FATCA (Foreign Account Tax Compliance Act - США) и CRS (Common Reporting Standard - international) требуют financial institutions report account holder information to tax authorities. For RAKEZ family offices с US persons или international beneficiaries, compliance critical.

FATCA: What You Need to Know

What is FATCA?

US law requiring: - Financial institutions worldwide report US person accounts - Threshold: $50K individual, $250K entities - To: IRS (Internal Revenue Service) - Applies: All US citizens, green card holders, US tax residents

Who is "US Person"?

• US citizen (passport holder)
• Green card holder (even if non-resident)
• US tax resident (183+ days/year)
• US-incorporated entities
• Trusts with US beneficiaries (in some cases)

Reporting Requirements

**For Financial Institutions:** - Annual report (FATCA Form 8938) - Report all US person accounts >$50K - To: IRS before April 15 - Information: Account numbers, balances, transactions

**For Account Holders:** - Form 8938 (FATCA reporting on personal tax return) - If foreign account >$10K (FBAR threshold) - To: FinCEN (Financial Crimes Enforcement Network)

Impact for RAKEZ Family Offices

**If RAKEZ FO has US person shareholder:** - FO bank accounts reported to IRS - Balances disclosed - Investment positions disclosed - Annual requirement (ongoing)

**Penalty for Non-Compliance:** - 30-40% tax penalty on unreported amounts - Criminal penalties if intentional - Account closure possible

FATCA Compliance Steps

1. **Identify US Persons:** - Review all shareholders/beneficiaries - Check passports, green cards, tax residency

2. **Complete W-9 (Domestic) or W-8BEN (Foreign):** - Form signed by all US persons - Certifies tax status - Provided to bank

3. **FATCA Withholding:** - 30% withholding on certain US income - Applies unless exemption documented - Generally not issue for investment income but rule complex

4. **Annual Reporting:** - Include in tax returns - Form 8938 if applicable - FBAR if accounts >$10K USD

CRS: Common Reporting Standard

What is CRS?

International standard for automatic exchange of financial information between countries. 100+ countries participating (including UAE, Russia).

How CRS Works

**Annual Process:** 1. Financial institution identifies foreign tax residents 2. Report account information to tax authorities 3. Tax authorities exchange with home countries 4. Information reaches home country tax authority

**Information Reported:** - Account holder names - Addresses - Account balances - Interest, dividends, capital gains - Proceeds from asset sales

CRS Participation

**UAE participates:** Yes (committed to AEOI) **Russia participates:** Yes **US participates:** No (uses FATCA instead, but reciprocal)

**Timeline:** First exchange 2017, ongoing annually

CRS Reporting Steps

1. **Tax Residency Self-Certification:** - Financial institution asks: "Where are you tax resident?" - Account holder signs declaration

2. **Automatic Exchange:** - If non-resident of bank's country - Information goes to tax authority of residence - Russia/country receives data on RAKEZ FO accounts

3. **Tax Filing:** - Home country tax authority may contact - May request explanation - Must file disclosures if required

Impact for Russian Families with RAKEZ FO

**Expected Outcome:** - UAE reports FO accounts to Russia - Russia knows about RAKEZ holdings - Must declare in Russian tax return (if still tax resident) - Or prove non-resident status

**Strategies:** 1. Become UAE tax resident (183+ days) → no Russian tax on FO 2. File Russian exit tax return → conclude tax residency 3. Proper documentation of asset transfer legitimacy

Practical Compliance Checklist

For RAKEZ Family Office with Mixed Beneficiaries

**Step 1: Identify Beneficiary Tax Status** - ✅ US persons (FATCA reporting required) - ✅ Russian tax residents (CRS reporting) - ✅ UAE residents (local benefits) - ✅ Other jurisdiction (varies)

**Step 2: Collection of Documentation** - ✅ Passports for all beneficiaries - ✅ Tax residency certificates - ✅ W-9/W-8BEN forms (for US persons) - ✅ CRS self-certification forms

**Step 3: Bank Communication** - ✅ Provide required forms to bank - ✅ Clarify ultimate beneficial owners - ✅ Provide tax residency documentation - ✅ Keep copies for own records

**Step 4: Annual Compliance** - ✅ Monitor changes in beneficiary status - ✅ Update documentation as needed - ✅ File required reports (FBAR, FATCA, CRS) - ✅ Maintain 7-year record retention

Common Misconceptions

**Myth 1: "If I have accounts in UAE, US doesn't know"** - ❌ False: FATCA requires reporting - ✅ Fact: UAE banks report all US person accounts to IRS

**Myth 2: "CRS means Russia can tax me"** - ❌ Not automatically: CRS is information exchange only - ✅ Fact: Russia only taxes if you ARE tax resident

**Myth 3: "Crypto accounts exempt from FATCA/CRS"** - ❌ False: Applies to all accounts including crypto exchanges - ✅ Fact: Exchange accounts, holdings, transactions reportable

Penalties and Enforcement

FATCA Non-Compliance

| Violation | Penalty | |---|---| | Non-filed Form 8938 | $10K-50K per year | | FBAR non-filing | $10K per account | | Willful FBAR non-filing | 50% of account balance | | Intentional FATCA fraud | Criminal penalties + imprisonment |

CRS Non-Compliance

| Violation | Consequence | |---|---| | Failed to report | Account closure | | Misrepresented residency | Tax adjustment + interest + penalties | | Document forgery | Criminal prosecution possible |

Best Practices for Compliance

**1. Transparency First** - Disclose all accounts accurately - No hidden accounts - Cooperate with requests

**2. Professional Assistance** - Hire tax advisor familiar with both jurisdictions - Estimated cost: $5K-$15K annually - Worth investment to avoid $100K+ penalties

**3. Documentation** - Maintain organized files - Keep tax residency certificates - Store FATCA/CRS forms - 7-year retention minimum

**4. Annual Reviews** - Every year, update tax status documentation - File required forms - Adjust structure if circumstances change