The U.S. Treasury has published model GIs that follow two approaches. In Model 1, the partner country`s financial institutions report information about U.S. accounts to the tax administration of the partner country. This tax authority then makes the information available to the United States. Model 1 is available in a cross-version (Model 1A) where the United States will also share information on the partner country`s taxpayers with the partner country and a non-reciprocal version (Model 1B). Under Model 2, financial institutions in partner countries go directly to the U.S. Internal Revenue Service and the partner country is committed to reducing all legal barriers to these reports.  Model 2 is available in two versions: 2A without a tax information exchange agreement (TIEA) or Double Tax Convention (DTC), and 2B for countries that already have a TIEA or DTC. Agreements generally require Parliamentary approval in the countries with which they are concluded, but the United States does not want these agreements to be ratified as a treaty. With Canada`s agreement in February 2014, all G7 countries signed intergovernmental agreements. Since January 2020, the following jurisdictions have entered into intergovernmental agreements with the United States on the implementation of FATCA, most of which have entered into force.  Many legal systems must implement their IGA and begin the exchange of information by 30 September 2015.
The U.S. IRS issued the 2015-66 communication, which provides the deadline for countries that have signed Model 1 GI to “return information about the accounts of U.S. taxpayers when the court asks for more time and provides certainty that the court is making good faith efforts to exchange information as quickly as possible.”  American Citizens Abroad, Inc., (ACA), a non-profit organization that claims to represent the interests of millions of Americans living outside the United States, argues that one of FATCA`s problems is citizenship-based taxation (CBT). The ACA originally asked the United States to introduce a residence-based tax (RBT) to make the United States compatible with all other OECD countries.  Later in 2014, two ACA directors spoke about Boris Johnson`s situation.  In 2015, the ACA opted for a refined position.  ACA`s current position on FATCA from 2019 will be published on its website.  The Foreign Account Tax Compliance Act (FATCA) is a 2010 U.S. federal law that requires all non-U.S. states. Foreign financial institutions (FFIs) verify their records for clients with indications of a U.S. connection, including information contained in U.S.
birth or previous residence records, and report the assets and identities of these individuals to the U.S. Treasury.  FATCA also requires these individuals to declare their non-American party. annual financial assets to the Internal Revenue Service (IRS) on form 8938, which is in addition to the older and redundant requirement to report them annually to the Financial Crimes Enforcement Network (FinCEN) on Form 114 (also known as “FBAR”).  Like U.S. income tax legislation, FATCA applies to U.S. citizens as well as U.S. citizens and green card holders residing in other countries. Foreign governments and financial institutions will face enormous costs in dealing with the complexity of the FATCA reporting system, which many may refuse. However, at the time of this letter, 57 countries signed IGAs. One of the reasons why there has been so much progress in meeting this reporting framework around the world may be due to the potential withholding costs.
Currently, the fatCA reporting penalty is a 30% retention rate on all U.S. revenues – an important figure for many financial institutions.