Scott Michel, a partner and President of Caplin & Drysdale, a DC-based law firm, advises that on July 10, 2013, the Hong Kong Legislative Council moved to enable Hong Kong to enter into stand-alone Tax Information Exchange Agreements and, more importantly for U.S. persons who have financial accounts there, to sign an “intergovernmental agreement” (IGA) with the U.S. for implementation of the Foreign Account Tax Compliance Act (FATCA).
It is expected that the U.S. and Hong Kong will agree on an IGA, and that financial institutions in Hong Kong will begin to comply with FATCA’s due diligence and automatic disclosure provisions next year.
The implications are profound for any U.S. citizen, green card holder or tax resident who has non-U.S. financial accounts or other financial assets, such as life insurance, retirement plans and the like. FATCA will require banks and other entities to ascertain which clients are subject to the U.S. tax system, to ask them to sign a W-9 form making their account transparent to the IRS and a waiver of domestic bank secrecy or confidentiality rules, and to begin in 2014 to share data with the IRS regarding their assets.
To the extent affected Americans have not complied with U.S. tax rules, they should consider their options in order to try to spare them from the most extreme enforcement measures available to the IRS.
Automatic Information Exchange Comes to Central The towering skyscraper financial firms in Central hold trillions of dollars in funds among millions of account holders and offer wealth and trust management services, insurance and annuity products, retirement plans, and the like.
Many clients of these entities have a U.S. passport or green card. Maybe it is time to reconsider their U.S. Citizenship and Expatriate?
3 comments on “For Hong Kong Chinese Residents That Have U.S. Citizenship; Maybe It’s Time To Re-Consider?”
Hong Kong would be foolish to sign. It gets nothing in return, not even a promise there will be no cyber-hacking. It was amusing to read its press release on Mr Edward Snowden’s departure. It did not read like a “We are happy to pushed around” letter.
Terence Dwyer
Dwyer Lawyers
You’re missing the point. Either Hong Kong enters into a FACTA agreement or its financial institutions will have to comply with FACTA (time-consuming and expensive) or have 30% of their US source income (e.g. Apple stock, US real estate, etc.) be subject to 30% withholding.
The point of the blog post was to make Hong Kong Chinese, were also US citizens, aware that it’s time for them to decide to be 100% U.S tax compliant and pay US taxes on their worldwide income or its time for them to find another jurisdiction to issue them a passport, which will allow them to exit Hong Kong at some future point where conditions change.
Ronald A. Marini, Esq.
You’re missing the point. Either Hong Kong enters into a FACTA agreement or its financial institutions will have to comply with FACTA (time-consuming and expensive) or have 30% of their US source income (e.g. Apple stock, US real estate, etc.) be subject to 30% withholding.
The point of the blog post was to make Hong Kong Chinese, who are also US citizens, aware that it’s time for them to decide to be 100% U.S tax compliant and pay US taxes on their worldwide income or its time for them to find another jurisdiction to issue them a passport, which will allow them to exit Hong Kong at some future point where conditions change.
Ronald A. Marini, Esq.
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