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Foreign Account Tax Compliance Act - FATCA (SESSION CODE HERE [Ariel 11 point, not bold)
Craig Coit - Deputy CFO ARS
This publica,on contains general informa,on that Aon considers to be reliable, but such reliability is not guaranteed. Aon is not, by means of this publica,on, rendering accoun,ng, business, financial, investment, legal, tax, or other professional advice or services. This publica,on is not a subs,tute for such professional advice or services, nor should it be used as a basis for any decision or ac,on that may affect your business. Before making any decision or taking any ac,on that may
affect your business, you should consult a qualified professional advisor.
Learning Objectives
At the end of this session, you will know: • The basics of FATCA
• Aon’s Response, and influence on FATCA
• FATCA’s documentation requirements
Craig Coit Deputy CFO ARS
• Responsibilities – Financial Management (FP&A) – Deputy to Brokerage Division CFO – Executive sponsor for Aon FATCA program – Also leading projects for:
• Global Client profitability • Free cash flow improvement
• Job History – Consolidated Rail Corporation 2 years – Kellogg’s (Battle Creek , Michigan) 2 years – First National Bank of Chicago, FCNBD, Bank One 20 years – Aon joined October 2002
• CFO ARSA • Deputy CFO ARS
What is FATCA?
• The Foreign Account Tax Compliance Act is a U.S. law intended to improve tax compliance related to offshore investments. It was created in response to high profile tax evasion and became law in March 2010.
• In January 2013, the U.S. Internal Revenue Service released updated regula,ons for FATCA,
which apply to a broad range of financial payments including insurance and reinsurance premiums.
Key Dates
• July 1, 2014 – FATCA transi,on period (July 1, 2014 – December 31, 2014) went into effect
• IRS granted a transi,on period where companies are expected to comply with the law in a good faith effort un,l the withholding requirements begin on January 1, 2015.
• January 1, 2015 – FATCA withholding requirements went into effect
• March 15, 2015 – 1042 and 1042 S repor,ng is due for all withheld premiums in 2014
FATCA Requirements
• FATCA requires Insurance Brokers to obtain and validate FATCA documents from carriers and intermediaries for premium payments from US clients related to U.S. risk made to non-‐U.S. carriers
– U.S. risks means risks aUributable to: • Property located in the U.S. • Any liability arising out of ac,vity in the U.S. • Lives or health of U.S. residents
• If insurance brokers do not obtain and validate the appropriate FATCA documenta,on prior to payment, the broker is required to withhold 30% of premium payment related to U.S. risk from the carrier and remit this amount to the IRS
Aon’s Response to FATCA
• Aon created a team of 12+ employees dedicated to FATCA compliance since June 2013 – The team is made of members from corporate tax, compliance, market security, and
each of our major business units (ARS, Aon Benfield, and Aon HewiU)
• The Aon FATCA team reviewed all of Aon’s business processes to determine the impact the regula,ons would have on our opera,ons
– We determined that the main impact was on our retail and reinsurance business – The majority of Aon HewiU was scoped out of FATCA because service fees are excluded
from the regula,ons
• We also hired Price Waterhouse Coopers (PWC) to advise us on how the regula,ons specifically impact our business and to perform our valida,on process
Legal Entity Analysis and FATCA Forms
• The Aon FATCA team classified all of Aon’s 900+ legal en,,es as either: – Non-‐Foreign Financial En,,es (NFFE) – Foreign Financial Ins,tu,on (FFI)
• We registered all of our FFIs with the IRS
• We completed the appropriate FATCA documenta,on for all of our en,,es
• We made all of our FATCA documenta,on available to our clients via Aon.com
System and Process Modifications
• Aon iden,fied our Market Security Department as the centerpiece for FATCA compliance – We modified our Market Security system to include FATCA informa,on – We adapted the Market Security Homepage to include FATCA resources, present
FATCA compliance informa,on, and created a FATCA updates/ques,on response page
• We also inserted FATCA controls into our US retail broking system and global reinsurance broking system to prevent placing in scope business with non-‐FATCA compliant markets/intermediaries
Communications and Training
• Since June, 2013 the Aon FATCA team has worked with 500+ carrier groups to obtain FATCA documenta,on, and validated over 3,000 FATCA forms for 3,500+ underwriters and intermediaries
• We have also trained, 15,000 Aon colleagues globally on: – What FATCA is – Where to find FATCA informa,on – Aon’s FATCA processes – How to appropriately communicate with clients regarding FATCA compliance
• We have also sent numerous documents to our clients regarding Aon’s readiness to comply with the FATCA regula,ons and how it could poten,ally impact their upcoming insurance premium payments
Aon’s Impact on the Regulations
• Aon has been working with the IRS and US Treasury to educate the government on how the FATCA regula,ons are specifically impac,ng our industry
• We successfully advocated a change to the regula,ons which greatly simplified insurance brokers and our clients opera,onal responsibili,es
– In February of 2014 the IRS released an update to the regula,ons which specifically called out US insurance brokers to be treated as beneficial en,,es in terms of FATCA compliance
• Meaning US brokers would no longer be required to pass all downstream carrier documenta,on and a transac,onal document called a withholding statement to the client on each of their placements (examples on next slides will further clarify)
FATCA Documentation Requirements
US or Non-‐US Carrier(s)
Premium Flow
Documentation Flow Technical Requirements:
Packet 2 – ARS US W-9 to US Client
Packet 1 – US Carrier(s) W9(s) or Non-US Carrier(s) W8-BEN-E(s) to US Broker
Aon’s Operational Plan:
§ Instructions for clients to pull the Aon’s W-9 from Aon.com will be provided on all ACS, H&B, and Affinity invoices.
§ Broker’s must check to ensure the Carrier(s) are listed as authorized on the Market Security Market Guide
US Client US Broker
12
FATCA Documentation Requirements Premium Flow
Documentation Flow Technical Requirements:
Packet 2 – Non-US broker’s W-8IMY and withholding statement and downstream carrier forms to US Client
Packet 1 – Non-US Carrier(s) W-8BEN-E(s) to Non-US brokers
Operational Plan: § Provide Non-US Aon Broker’s W-8IMY and a completed Withholding Statement to US Client
§ Packet 1 § Both Packet 1 and 2 will be attached to
the Non-US Aon invoice
§ Non-US brokers must check and retrieve covering Carrier(s) W-8BEN-E(s) from the Market Security Market Guide
US Client Non-‐US Broker Non-‐US Carrier(s)
12
Complicated Areas of the Regulations for our Industry
• Personal lines – Individuals cannot be withholding agents but corpora,ons or groups coverage individuals would be
considered in scope
• Direct bill policies – Out of scope for brokers because we do not touch the premium but could s,ll be in scope for our
clients
• Cap,ve transac,ons – Documenta,on requirements must be broken down by contract
• (ex; client to front = contract 1, front to cap,ve = contract 2 , etc.)
• Foreign to foreign – All transac,ons involving US risk would be in scope for FATCA (including contracts without a US client
or US insurer)
• Form requirements – Staying current with updated forms – Upda,ng forms as they expire (W-‐8BEN-‐E’s have a 3 year lifespan)
• Keeping abreast of changes in the law – The regula,ons have been adapted numerous ,mes and we expect further updates in the future
Next Steps
• Aon is transi,oning FATCA into steady state within our Market Security and Tax departments and outside of the business
• Aon is developing a web based FATCA compliance course that will be an annual mandatory requirement
• Aon is s,ll in contact with the IRS and is lobbying to remove the Foreign to Foreign requirement that incepts on January 1, 2017 from the regula,ons for good
– Aon is working with our network offices to strategize implementa,on if foreign to foreign is not permanently removed from the scope of the regula,ons