The U.S. Internal Revenue Service (IRS) recently announced to enhance the QI regime and to strengthen the regulations for qualified intermediaries. Given the recent developments, strict compliance with the tightening obligations is becoming more and more important.
A failure to comply with obligations under the QI Agreement can result in substantial financial costs for a QI. For example, if documentation fails to support the reduced level of withholding tax applied, the QI can be obliged to pay restitution to the IRS to compensate any shortfall. In addition, the IRS may levy penalties or terminate the QI Agreement depending on the degree of non-compliance, which in addition would affect the reputation of a QI.
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