Pearse Trust Blog

FATCA – An Update For The UK & Ireland

Posted by Pearse Trust on Wednesday, Aug 27, 2014


Further to our previous blog on FATCA wherein we observed the postponement of the implementation dates for FATCA, the regime has now been implemented since July 2014.

Jurisdictions across the world are producing local legislation and guidance in order to implement FATCA on their home soil. 

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Tags: Ireland, Legal, United Kingdom, Tax, USA

Patent Trolls – US Reacts To ‘Hijacking’ Of Ideas

Posted by Pearse Trust on Wednesday, Sep 25, 2013

As part of the patent reform in the US, a new bill was introduced into the US House of Representatives on 22 July 2013.  Its aim is to  protect innovators from frivolous patent litigation brought by the increasing number of patent trolls, particularly in the technology industry.

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Tags: Legal, Patents, USA

FATCA Deferred Until July 2014

Posted by Pearse Trust on Monday, Sep 09, 2013

Background To Latest Delay

Since 2011 we have written a number of blog posts on FATCA. In our blog post FATCA For The UK, we mentioned an implementation date of 1 January 2013. That date was later postponed to 1 January 2014. We highlighted this in our blog post FATCA – Implementation Deadlines and provided an overview of the key implementation deadlines following the release of IRS Announcement 2012 – 42. However, in July of this year, the US Treasury Department announced the further postponement of the withholding tax regime imposed by FATCA on foreign banks and other foreign financial institutions (FFIs) by six months until the 1 July 2014.

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Tags: United Kingdom, Tax, USA

FATCA – Implementation Deadlines

Posted by Pearse Trust on Monday, Dec 03, 2012

Further to our recent blog posts Does FATCA affect your business? and FATCA for the UK?, we are now able to provide an overview of the key implementation timelines for due diligence and other requirements under FATCA, following the release of IRS Announcement 2012-42.

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Tags: Legal, Tax, USA


Posted by Pearse Trust on Wednesday, Oct 03, 2012

Revisiting FATCA 

In our recent blog post Does FATCA affect your business?, we provided an overview of the US FATCA legislation and the resulting obligations, when it comes into force on 1 January 2013.

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Tags: United Kingdom, Banking, USA

Does FATCA Affect Your Business?

Posted by Pearse Trust on Wednesday, Aug 29, 2012

Background to FATCA

The Foreign Account Tax Compliance Act (FATCA) is U.S. tax legislation which comes into legal force on 1st January, 2013. This new legislation was enacted by the Hiring Incentives to Restore Employment ("HIRE") Act 2010.

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Tags: Legal, Tax, USA

US Companies & Their Use Of The Double Irish Dutch Sandwich

Posted by Pearse Trust on Wednesday, Jun 13, 2012

Commentary in the media suggests that many US companies are using a structure called the “Double Irish Dutch Sandwich” to reduce their worldwide taxation liabilities connected with Intellectual Property (IP). The companies said to be using this structure include Apple, Facebook, Google, Microsoft, Oracle Corp and Pfizer Inc. The structure utilises advantageous taxation rules in Ireland and the Netherlands to limit the taxation payable on flows of royalty income generated from IP, and is also tax efficient from a US perspective.

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Tags: Ireland, Tax, EU, USA

Report Of Foreign Bank & Financial Accounts (FBAR) Requirements

Posted by Pearse Trust on Wednesday, May 09, 2012

The Bank Secrecy Act was passed into law in the United States in 1970 in an attempt to combat money laundering in the US As a result of this Act, foreign financial accounts including bank accounts, brokerage accounts, mutual funds, unit trust and other financial accounts came under scrutiny as the United States Government became wary of United States persons utilising these accounts outside the US in an attempt to evade more stringent US laws. The Internal Revenue Service (IRS) began to enforce the disclosure of such foreign financial accounts by means of the Report of Foreign Bank and Financial Accounts (FBAR).

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Tags: Legal, USA

Lehman Brothers & Client Money – The Supreme Court Decision

Posted by Pearse Trust on Wednesday, May 02, 2012

The Facts

Lehman Brothers International (Europe) (LBIE), the principal European trading company in the Lehman Brothers group, regulated by the Financial Services Authority (FSA), was placed in administration in 2008, following the bankruptcy of Lehman Brothers Holdings Inc. The administrators sought the assistance of the UK Supreme Court to interpret the FSA’s Client's Assets Sourcebook Chapter 7 (CASS7) and the treatment of funds that had been paid to LBIE before it entered administration.

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Tags: Banking, USA

Dealing With Recession - Cut Or Spend?

Posted by Pearse Trust on Wednesday, Apr 04, 2012

Two years ago, the United States and Western Europe were in the same boat: a recession on a scale that had not been seen since the 1930s. With images of the Dust Bowl swirling in the minds of lawmakers, the US, the United Kingdom, and the Eurozone took different tactics to attempt to pull their economies out of the recession. The US adopted Keynesian economic principles; namely, they tried to spend their way out of the recession. The UK and the Eurozone took a different tactic: cut spending. There are merits to each plan, even though they are at the opposite ends of the economic spectrum.

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Tags: United Kingdom, Tax, EU, Debt crisis, Economy, USA