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Why FATCA Intergovermental Agreements Bind the U.S. Government

3 Pages Posted: 18 Apr 2013  

Susan C. Morse

University of Texas at Austin - School of Law

Date Written: April 15, 2013

Abstract

Bilateral intergovernmental agreements (IGAs) relating to the Foreign Account Tax Compliance Act (FATCA) and entered into by the U.S. government reduce the reach of FATCA's withholding tax regime, including the reach of that regime as applied to non-U.S. taxpayers. The validity of these IGAs has been questioned. Yet IGAs have a strong case for binding status as valid congressional-executive agreements or treaty-based agreements. In addition, regardless of IGAs’ status as international agreements, they should bind the U.S. government as valid administrative guidance.

Keywords: FATCA, treaty, intergovernmental agreement, withholding tax

JEL Classification: K34, H20, H26

Suggested Citation

Morse, Susan C., Why FATCA Intergovermental Agreements Bind the U.S. Government (April 15, 2013). Tax Notes International, Vol. 70, No. 3, 2013. Available at SSRN: https://ssrn.com/abstract=2252843

Susan Morse (Contact Author)

University of Texas at Austin - School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

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