Russia has agreed with the United States on the signing of a modified Intergovernmental Agreement (IGA). They signed the agreement just days before FATCA came into force. It is interesting to note that the expected reciprocity between the two countries has not materialized. Russian banks and financial institutions are required to declare all U.S. accounts at $10,000 or more in the United States, but the U.S. is not the same obligation to report Russian bank accounts to U.S. banks to the Russian government. China, another country that has firmly refused to sign the agreement with the United States, has just registered. However, China`s IGA is reciprocal with the United States.
This means that Chinese financial institutions will declare all U.S. accounts to the IRS and that U.S. banks will declare all Chinese accounts to the Chinese government. This allows both countries to stem the dominant problem of tax evasion. It should be noted that the United States and China are part of a short list of countries that have taxes in the world. In addition to the obligation to protect the country`s banks from IRS sanctions, China would also benefit from the IGA under new legislation introduced in January 2014, the Foreign Asset Reporting Requirements (FARR). FARRs require residents of the People`s Republic of China (PRC) to report all international transactions, foreign accounts and assets in order to avoid outsourcing it. Prior to this legislation, residents were only required to report international transactions with non-residents. Non-compliance will result in penalties of nearly $US 50,000 for businesses and $8,000 for individuals. In addition to CPP residents, the new foreign asset reporting requirements also apply to the following categories: CPP citizens who have been absent from the country for less than a year. Non-residents who have completed economic transactions within the CPP.
Companies that are registered in the PRC offices of foreign institutions are people who reside in the Cpp for more than a year in 2014, attorney James Bopp, Republican Overseas, and Senator Rand Paul of Kentucky, among others, are suing the constitutionality of FATCA. Paul is one of those suing the U.S. Treasury and the IRS. The applicants, in Crawford v. U.S. Department of Treasury, argued that FATCA and related intergovernmental arrangements violated the Senate`s power with respect to contracts, the Eighth Amendment security clause or the fourth amending right against improper searches and seizures. [185] [186] In 2016, the United States