CENTRE DE FORMATION Certificate Specialist QI / FATCA
Kurse in Zürich Certificate Specialist QI / FATCA Objectives The aim of the course is to make participants knowledgeable of their QI/FATCA obligations and able to carry out efficiently the corresponding due diligence, reporting and withholding duties. The course will review all of the relevant IRS documentation in order to allow the participant to examine the forms with a critical eye. To this extent and for a practical point of view, the course will include numerous examples and will instruct on a methodology to manage the most frequently encountered situations as Specialist QI/FATCA. Duration The training is composed of 3 modules enfolding on a period of 3 weeks. The whole training includes 12 hours of classroom training. Targeted audience This training is aimed at participants who are in charge of QI/FATCA obligations and especially at «Responsible Officer» FATCA, as well as auditors. Prerequisite In order to apply to the training for the Certificate Specialist QI / FATCA, one must have at least one year of training experience in this area. Exam The training is completed with an optional exam of 1 hour 30 minutes. Upon a successful exam, the participant will receive the Certificate Specialist QI/FATCA. 2
Ausbildungsprogramm MODULE 1-4 hours Introduction and scope of the QI/FATCA regime Presentation of the «Qualified Intermediary» regime (objectives of the QI agreement, obligations, duties to identify the beneficial owner, classification of account holders as US or non-us, terminology and forms, parameters of the New QI Compliance Program. Identification of relevant payments: 2 parallel systems «QI reportable payments» (RP) & «FATCA witholdable payments» (WP). Identification of Beneficial Owners: distinction between natural persons, legal entities, US and non-us, etc. Terminology review: Concept of «beneficial owner» (distinction from «Wirtschaftlich Berechtigten») ; Types of trusts (grantor, simple & complex trusts) ; US entities and entity classifications ; Review of Forms W-9, W-8BEN, W-8BEN-E, W-8IMY, W-8EXP & W-8ECI. Overview of reporting and withholding and Forms 1099, 945, 1042 & 1042-S. The New QI Compliance Program. Study cases. Date : 3 March 2016 Hours : 13:30 17:30 Tutors : Gregory WALSH, J.D., LL.M. (Steuerrecht), LL.M. (Internationales Recht und Rechtsvergleichung), Rechtsanwalt (zugelassen in den USA), Associate bei Baker & McKenzie, Zürich. MODULE 2-4 hours Application of the FATCA regime in Switzerland Basic intro. to FATCA, including FATCA Regulations (Regs) versus IGAs. Which rules apply (IGA? Regs? More than one IGA?) Presentation of IGA models in particular the «Swiss model». General review of all entities under FATCA : FFI vs NFFE : definitions, classification. Compliance paths, including registration requirements. Terminology review : Participating FFI, Deemed-compliant FFI (certified, registered, owner documented FFI (ODFFI) under IGAs (including Swiss IGA) and Regs. Trusts (and assimilated structures) under FATCA 3
Tests applied to trust companies, trusts, foundations, underlying companies, standalone «PICs») (activity based test ; professionally managed test ; financial income test) ; Trusts as Participating FFI (PFFI), Deemed-compliant FFIs (Sponsored FFIs or Trustee-Documented Trusts) or passive NFFEs. Reporting of US Persons: notion of substantial U.S. owner or controlling persons (i.e., settlor, beneficiary, trustee, protector, etc). Obligation of SFIs : due diligence ; reporting ; withholding ; appointment of FATCA Responsible Officer (RO) & Certifications. Date : 10 March 2016 Hours : 13:30 17:30 Tutors : Peter COTORCEANU, Attorney of Counsel at Anaford AG, Zürich. MODULE 3-4 hours Recap and practical cases Reminder of the essential concepts of QI and FATCA. Coordination of duties with respect to the two regimes with respect to documentation, due diligence, reporting and withholding obligations. Duties of Responsible Officer. Study cases. Date : 17 March 2016 Hours : 13:30 17:30 Tutors : Gregory WALSH, J.D., LL.M. (Steuerrecht), LL.M. (Internationales Recht und Rechtsvergleichung), Rechtsanwalt (zugelassen in den USA), Associate bei Baker & McKenzie, Zürich. 4
Referenten Peter COTORCEANU Attorney of Counsel at Anaford AG, Zürich. Peter Cotorceanu specialises in FATCA advice for the fiduciary industry and U.S.-related cross-border private-client matters. Before joining Anaford, Peter worked for UBS AG in Zurich. He was the Head of Wealth Structuring Consulting for UHNW clients and later became the global Head of Product Management for Trusts and Foundations. Peter is admitted to practice law in New Zealand and in the U.S. He has an LL.B. (Hons) from Victoria University, Wellington, New Zealand, a J.D. (With Distinction) from Duke University, Durham, North Carolina, and an LL.M. (Tax) from the New York University School of Law. Gregory WALSH J.D., LL.M. (Steuerrecht), LL.M. (Internationales Recht und Rechtsvergleichung), Rechtsanwalt (zugelassen in den USA), Associate bei Baker & McKenzie, Zürich. Mr. Walsh focuses his practice on international tax planning and wealth management matters, including FATCA advice. His experience before joining Baker & McKenzie includes seven years advising public and private clients in corporate and securities matters. He holds an A.B. with Honors from Dartmouth College, a J.D. and an LL.M. in International & Comparative Law from Duke University School of Law, and an LL.M. in Taxation with Distinction from Georgetown University Law Center. He is admitted to practice law in the United States (New York, District of Columbia and Colorado) and is admitted to practice before the US Tax Court. 5
Praktische Info Certificate Specialist QI / FATCA BEGINNING 3 March 2016 END 17 March 2016 EXAM 14 April 2016 09h00-10h30 PRICE CHF1 950.- EXAM PRICE CHF 300.- REGISTRATION CONTACT www.visioncompliance.ch/formations VisionCompliance SA Rue de l Arquebuse 7 Postfach 5221 1211 Genf 11 Tél. +41228072800 Fax. +41 22 807 28 01 info@visioncompliance.ch LOCATION VisionCompliance SA Bahnhofstrasse 52 CH - 8001 Zürich Tel. +41 44 214 62 62 6