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The impact of FATCA on private equity and hedge funds - 26/03/2013


The Foreign Account Tax Compliance Act (“FATCA”) regime signifies the US government’s extensive effort to encourage Foreign Financial Institutions (“FFI”), including offshore investment vehicles, to assist it in enforcing the information reporting of US taxpayers with respect to assets held offshore. After almost three years of notices, announcements, and proposed regulations, the Internal Revenue Services (“IRS”) and the US Treasury published the final FATCA regulations on January 17, 2013.

The implication of the FATCA regulations on private equity and hedge funds is significant. Indeed every private equity and hedge fund will have to comply with the regulations because such funds will likely be considered either a US withholding agent or a FFI under the rules.

In this respect, please find enclosed the news alert prepared by our US colleagues highlighting the impact overview for US and non-US private equity and hedge funds.

If you have any queries regarding the above, please do not hesitate to contact us.

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