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MT online Form 8938: What You Should Know
The briefing was designed to help taxpayers and their representatives understand the impact of the amendments. Background: As amended, FAR section 3.22(a) of the IRB (January 2014) requires a FAR person (individual or partnership) (including any subsidiary or affiliate thereof) to report and withhold on a U.S. return: U.S. income, gain, loss, deduction or credit, with respect to (i) the transfer, in any manner or to any person, of more than 10,000 worth of property (defined above) from the person's (FAR section 5.22(a)(1) U.S. income) to (ii) the transfer, in any manner or to any person, of any property from the person's (FAR section 5.22(a)(1) U.S. sources). On January 24, 2012, the IRS issued a Guidance to clarify the FAR rules and clarify the impact on the under the Bank Secrecy Act (BSA) for the Foreign. Bank Account Report (FAR), and on October 7, 2012, the IRS issued a Notice of Proposed Rule making (NORM) proposing modifications to the FAR and IRB rules to address: A.) The issue described above of transfers made on-shore from a bank account to a business location. B.) The issue of transfers made from a business location to a foreign bank account. C.) The reporting of income and loss made by entities other than a United States person on the foreign side, D.) the issue of the treatment of the foreign bank accounts in situations that are not subject to U.S. income tax, and/or E.) Reporting by a domestic person of transactions between the domestic person and his non-U.S. related persons. IRB Notice 2011-54 (February 2011).
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