On
July 1, 2014, the Internal Revenue Service (IRS) regulations for the
Foreign Account Tax Compliance Act (FATCA) will
become effective. Parts of the regulations will impact the surplus lines
industry. NAPSLO developed a Q&A Memo to assist NAPSLO members in better
understanding potential new compliance obligations under the regulations. The
Q&A Memo provides detailed information on FATCA, the impact to the surplus
lines insurance industry and the new responsibilities for the U.S. broker.
FATCA was adopted by Congress in an effort to prevent tax evasion by
U.S. citizens, U.S. residents and corporations through the use of offshore
accounts and is directed at foreign financial institutions and financial
intermediaries. FATCA does apply to U.S. source insurance premiums to the
extent such premiums are classified as “withholdable payments” and therefore
does have potential impact on the surplus lines industry.
The
full memorandum on FATCA, as well as a summary overview of the key points
regarding FATCA obligations, is available
here.
NAPSLO strongly recommends
that each NAPSLO member consider implementing FATCA compliance procedures. We
believe this should be simple and not overly burdensome. While compliance can
be very simple, the importance of compliance should not be underestimated; it
is indeed critical that you comply with this new federal regulation. Your
non-U.S. partners should be very willing to provide the necessary forms to
demonstrate their FATCA status upon your request and hopefully will readily
provide them. It would be prudent to simply add this new step into your general
checklist of requirements when securing a policy with non-U.S. partners.
NAPSLO continues to monitor
requests and discussions with the IRS to exempt the surplus lines/property
& casualty industry from the FATCA compliance process. However, as noted in
the Q&A Memo, at this time the IRS has declined to provide an exemption. In
an effort to reduce the compliance burden on U.S. brokers, the Council of
Insurance Agents and Brokers (CIAB) is considering hosting a clearinghouse or similar assistance for
brokers to more readily access W-8BEN-E and W-8IMY forms shared by non-U.S.
insurers and brokers. NAPSLO has arranged for NAPSLO members to have access to
this solution, if developed. Also, as we mentioned above, the IRS may
eventually provide access to the non-U.S. entities’ forms as well.
If you have any questions or need
additional assistance related to FATCA, please contact Keri Kish at keri@napslo.org or 816.799.0855.