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Bank Services

Question for Treasury

UIN 36666, tabled on 20 July 2021

To ask the Chancellor of the Exchequer, what assessment his Department has made on (a) whether HMRC guidance issued in relation to the US Foreign Account Tax Compliance Act (FACTA) complies with GDPR legislation and (b) the proportionality of the application of FACTA for joint accounts where UK nationals are not subject to FACTA rules.

Answered on

26 July 2021

HMRC have assessed that their FATCA guidance is GDPR compliant.

It is proportionate to report a joint account under FATCA because a US citizen or resident is an account holder. The name and other details of any joint account holder who is not a US citizen or resident are not reportable.

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