Taiwan tries to catch up with FATCA

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Taiwan tries to catch up with FATCA

taiwan-flag.jpg

Taiwan could be the latest country to come to an agreement with the US over the implementation of the Foreign Account Tax Compliance Act (FATCA).

However, it may not be a straightforward process as it does not have a double tax treaty with the US, which has been key to the information exchange provisions of cooperation America has discussed with other countries.

Previously, Taiwanese banks were thought to have reacted slowly to the introduction of FATCA.

“There hasn't been much emphasis on it so far,” a risk officer at a Taiwanese bank told Thomson Reuters in December last year. “Most institutions in Taiwan take the view that their businesses are not so internationalised and that they do not have many US clients, hence they think that FATCA will probably not affect them too much. They feel that as long as they don't take on any US clients, they will be ok.”

Reports suggest this was because Taiwanese banks felt the state’s banking secrecy legislation meant they did not have to be compliant with FATCA.

However, Taiwan Economic News is reporting that the authorities believe an agreement is required and a joint taskforce from the Financial Supervisory Commission and the Ministry of Finance will try to sign a bilateral one with the US to reduce the compliance burden for Taiwanese banks.

Seven jurisdictions – France, Germany, Italy, Japan, Spain, Switzerland and the UK - have already announced that they are also discussing bilateral agreements to implement FATCA locally, which would allow so-called foreign financial institutions (FFIs) report information about their US clients to their home tax authorities rather than directly to the Internal Revenue Service (IRS) in Washington, DC.

Other countries, such as Jamaica, have said they are interested in having an agreement with the US on FATCA implementation as well. And investors in Canada are urging their government to negotiate something similar.

The law, which was passed in 2010 and will be phased in from January 1 2013, will require FFIs to report to the IRS about their US taxpayer-held accounts. Otherwise, the institutions and accountholders deemed non-compliant face a 30% withholding tax on certain payments such as US source interest and dividends.

more across site & shared bottom lb ros

More from across our site

Long-running, high-value and complex enquiries are a significant reason for HM Revenue and Customs’s increased TP yield, experts suggest
Landmark legal updates in India have led companies to prioritise specialised tax advisers over accountants, ITR has found
Brazil’s shift to a nationwide consumption tax is more than conceptual; it fundamentally transforms municipal revenue, enforcement, and administrative disputes
While some advisers praised the ruling’s definition of a ‘voucher’ for VAT purposes, a UK partner said the case left unanswered questions
While pillar two has been enacted on paper in Brazil, companies are encountering a range of practical compliance issues, ITR has heard
Moore, founding partner of the Chicago tax boutique which bears her name, shares her career wisdom for ITR’s new Women in Tax interview series
But partners at the firm admit that jumping ship to the US would not be as easy as some believe
Governments are rewriting tax policy for the AI era, deploying digital taxes, tailored incentives and algorithmic enforcement that redefine where value is created
Wingrove will succeed Bill Thomas, who has served in the role since 2017; in other news, Andersen unveiled a sharp increase in revenues for 2025
Partners are divided on Italy vs PDM D’s analytical depth, evidentiary standards, and what the judgment signals for future intra-group financing cases
Gift this article