Dean Marsan (former Senior Tax Counsel, Lehman Brothers) has posted The Global Financial System Must Now Implement a New U.S. Reporting and Withholding System for Foreign Account Tax Compliance, Which Will Create Significant New Exposures – Managing This Risk (Part IV—Withholdable Payments), 89 Taxes 21 (May 2011), on SSRN. Here is the abstract:
Part IV examines FATCA withholding liability for withholdable payments under Code Secs. 1471 and 1472, and provides a nine-point analysis – each of which must be answered affirmatively for the new 30-percent withholding tax to apply.
