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Memorandum: Foreign Account Tax Compliance Act Update: Electronic Registration Portal Opens

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To:      Clients & Friends
From:      Armin Gray
Re:      I.R.S. Technical Correction to F.A.T.C.A. Regulations Clarifies Example Regarding Investment Advice
Date:      October 8, 2013

Announcement 2013-411 (the Announcement”), recently released by the I.R.S., provides correcting amendments to the Foreign Tax Account Compliance Act (“F.A.T.C.A.”) final regulations that were issued on January 17, 2013. One important clarification that we would like to highlight for our clients relates to an example that explains the application of the rules with respect to foreign financial institutions (“F.F.I.'s”) classified as such under the final regulations as foreign “investment entities.” The clarification of the example is helpful in avoiding F.F.I. classification in respect of family owned trusts and other foreign entities that solicit advice or receive fees for providing such services in respect of the entities’ investments.