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Changes to FATCA and Impact on Lenders

There is a change to the Foreign Account Tax Compliance Act (FATCA) that will have a limited impact on financial institutions. FATCA was enacted into law to combat tax evasion through foreign accounts and investments. Since the law’s enactment, the IRS has been enacting regulations to enforce this law.

A new regulation goes into effect on January 1, 2019. This new regulation impacts insurance companies and requires that insurance companies distinguish between U.S. and foreign financial institutions. If a financial institution has not been identified as a U.S. financial institution, the insurance company will apply a thirty (30%) withholding to certain payouts and the amount withheld will be paid to the IRS. As such, insurance companies will be requesting a W-9 from financial institutions listed as a loss payee on an insurance policy.

Some of our clients have already received demands for a completed Form W-9 from auto insurance companies. We expect that additional insurance companies will make similar demands. As such, when requested, the Credit Union should submit a W-9 to the insurance company to avoid a thirty percent (30%) withholding on any loss payee payment.

Should you have additional questions, please do not hesitate to contact a lawyer at SVL for further guidance and information.