Course Details

FATCA, Foreign Trusts And Estate Planning: Navigating Complex Reporting And Withholding Requirements

Webinar: ID# 1015765
Recorded CD or On-Demand
About This Course:
This CLE/CPE webinar will provide estate planning counsel with guidance on complying with the reporting and withholding provisions of the Foreign Account Tax Compliance Act (FATCA). The panel will review the FATCA provisions applicable to foreign trusts, explain the classification of foreign trusts as either "foreign financial institutions" or "non-financial foreign institutions" subject to FATCA, and discuss best practices for compliance to avoid substantial taxes.

Foreign trusts are popular estate planning and asset protection tools for many high net worth individuals and multinational families. However, foreign trusts also require complex tax compliance and planning for estate planning attorneys advising clients holding these offshore assets. Beginning in 2014, those compliance obligations include FATCA.

With the introduction of FATCA, virtually any payment to a non-U.S. entity can be subject to a 30% withholding tax if the payee entity fails to meet certain requirements. In the context of foreign trusts, this withholding tax can apply even if neither the trust's beneficiaries nor the trust's assets have any U.S. connection. It is critical, therefore, that all foreign trusts be familiar with the registration and reporting obligations of FATCA, and that U.S. advisors understand the FATCA regime with sufficient depth to guide their clients to the most efficient and sensible route to FATCA compliance.

Listen as our panel of experienced estate planning attorneys explains the impact of the FATCA rules on foreign trusts, discusses the complex registration, reporting and withholding requirements, and offers practical approaches for exercising due diligence to fully achieve FATCA compliance.

  • Overview of FATCA provisions and rules affecting foreign trusts
  • FATCA compliance and reporting obligations
  • Penalties for noncompliance

The panel will review these and other key issues:
  • What entities are considered FFIs and what entities are considered NFFEs? And what difference does it make?
  • Which foreign trusts and other assets are subject to FATCA’s reporting requirements?
  • What are the potential alternatives to foreign trusts becoming FATCA compliant?
  • When will FFIs be subject to the 30% witholding tax liability and under what circumstances will they be entitled to a refund of withheld taxes?
Learning Objectives

Upon completing this course, you will understand the details of complying with the FATCA rules as they apply to foreign trusts. You will know how to classify foreign trusts under the FATCA regime and understand the different compliance obligations associated with each classification. You will also learn to navigate Form W-8BEN-E for foreign trusts and other entities and understand the due diligence obligations of counterparties asking foreign trusts for FATCA compliance information.


Sahel A. Assar, Consulting Attorney
Chadbourne & Parke, New York
Ms. Assar is experienced in advising ultra-high net worth individuals and families with respect to international cross-border tax planning, trusts and estates, and compliance with U.S. tax reporting. She also has experience advising foreign financial institutions, fiduciaries and family offices in the private wealth sector with U.S. tax reporting and compliance matters, such as assistance with FATCA.

Edward Vergara, Partner
Withers Bergman, Greenwich, Conn.
Mr. Vergara works with U.S. and foreign individual clients on domestic and international investment and succession planning matters. He works frequently with U.S. beneficiaries of foreign trusts and foundations, U.S. inbound and outbound investments, and fiduciaries managing foreign structures for the benefit of U.S. parties.

Continuing Education Credits Available

This program has been approved for 1.5 CPE hours through Strafford Publications. CPE Credit is available only for the LIVE webcast. Recorded versions do not qualify for credit.

Strafford is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit.


To obtain CPE credit, attendees must participate in the live event, return an Official Record of Attendance to Strafford affirming their participation (including the CPE code announced during the program), and pay a processing fee of $35 per person.

Credit Confirmation

Strafford will mail a certificate of credit within approximately 2 weeks of receiving an attendee's completed Official Record of Attendance—provided all required conditions have been satisfied.


Handout materials and the phone number for live presentations are made available to you 1 day prior to the event via email from the presenter. Copies of the presentations are included with recorded versions.

If you order a recorded version of the webinar, CD's will be mailed out approximately 10 days after the live event. Shipping is included in the price of recorded versions.
FATCA, Foreign Trusts And Estate Planning: Navigating Complex Reporting And Withholding Requirements
or via CD or On-Demand
Course Details
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