FATCA Duties for Withholding Agents: Navigating Complex Regulations and New IRS Guidance

Determining Withholdable Payments and Payees; Applying Grandfather Rules; Collecting Documentation

Recording of a 90-minute premium CLE/CPE webinar with Q&A

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Conducted on Wednesday, December 17, 2014

Recorded event now available

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Course Materials

This CLE course will prepare tax advisors and counsel to understand and guide withholding agents in complying with FATCA and applying the latest IRS guidance. The panel will explain complex, intricate requirements including identifying withholdable payments and payees, meeting documentation requirements, and leveraging grandfather rules.


Tax counsel and advisors must offer guidance to clients using U.S. withholding agents on detailed due diligence to meet FATCA withholding responsibilities. If an agent fails to comply, it can be held personally liable for the tax that would be due.

Determining the person or entity to whom the payment is being made and supplying appropriate documentation is difficult and riddled with pitfalls. Among other things, soliciting appropriate withholding certificates requires heightened vigilance.  

Adding to the complexity of the tax advisor’s and counsel’s work is understanding and explaining agent responsibilities from the latest IRS guidance. The IRS clarified the bases upon which the withholding agent can rely on the documentation submitted by the covered foreign entities. Unfortunately, these guidelines have only increased the agents’ diligence demands—and its exposure to liability.

Listen as our experienced panel reviews issues specifically applicable to U.S. withholding agents’ responsibility to make payments from the United States to foreign entities. The distinguished panelists will delve into a discussion about the withholdable payment and payee determination, FATCA grandfather provisions, new IRS guidelines, and more.



  1. Withholdable payments
  2. FATCA grandfather provisions
  3. Payee determination
  4. Documentation requirements
  5. Latest IRS guidelines


The panel will review these and other key issues:

  • What is the required due diligence for withholding agents in determining withholdable payments and payees?
  • What are and how can an agent leverage FATCA grandfather provisions?
  • What are the best practices to obtain appropriate withholding certificates and other documents from foreign entities?
  • How does the latest IRS guidance impact the withholding agents’ required due diligence?


Broder, Amie
Amie N. Broder

Troutman Sanders

Ms. Broder advises on a variety of business-related tax matters and transactions, including mergers and...  |  Read More

Randall M. Cathell, CPA
Randall M. Cathell, CPA
Sr. Tax Manager

Mr. Cathell has over 20 years’ experience in federal, international and  state tax matters.  He focuses...  |  Read More

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