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May 25, 2013

Questions and Answers About FATCA and Foreign Trusts

The U.S. Treasury Department recently issued proposed regulations interpreting sections of the Internal Revenue Code (the Code) commonly referred to as the Foreign Account Tax Compliance Act (FATCA).  The proposed regulations, which are lengthy and complex, raise reporting and withholding tax issues for trustees of non-U.S. trusts and, indirectly, U.S. citizen and resident beneficiaries of foreign trusts.  These questions and answers address some of the most important of these issues.

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© 2013 McDermott Will & Emery

About the Author

Partner

Henry Christensen III is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm's New York office.  He heads the private client practice in New York, as well as the international private client practice, which opened a London practice in 2009.

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About the Author

Partner

Amy Erenrich Heller is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s New York office.  She focuses her practice on a wide range of domestic and international tax and estate planning matters.

Amy is an adjunct professor at the New York University School of Law, where she teaches Income Taxation of Trusts and Estates.  She serves as chair of the Generation-Skipping Transfer Tax Committee of the American Bar Association’s Section of Real Property, Trust & Estate Law.  She also has served as a member of Executive...

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Contributors

Partner

Read Moore is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Chicago office.  Read focuses his practice on all aspects of estate planning, estate and trust administration, and tax-exempt charitable organizations.  He has had considerable experience in the international aspects of the private client practice, including foreign trusts, planning for foreigners residing in the United States and U.S. citizens residing abroad.

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