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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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© 2020 McDermott Will & EmeryNational Law Review, Volume II, Number 139


About this Author


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 Committee of the Tax Section...

M Read Moore Tax Attorney McDermott Will Law Firm

M. Read Moore provides legal counsel on all aspects of estate planning, estate and trust administration, tax controversy, and privately owned business governance and succession planning. He has considerable experience in the international aspects of the private client practice, including inbound investment and wealth transfers to the United States, the US tax and legal aspects of non-US private company and wealth management structures, and US tax compliance for clients with global investments and assets.

From his base in the San Francisco Bay area, Read works with clients across the United States and around the world on innovative planning and tax and non-tax controversies for private companies, domestic and foreign trusts, and wealthy family groups. Read speaks frequently at national and international conferences and is a recognized authority on domestic and international estate planning and tax issues.