The Foreign Account Tax Compliance provisions (commonly known as FATCA) contained in the HIRE Act 2010 are US legislation aimed at reducing tax evasion by citizens of the United States of America (US). It requires Financial Institutions outside the US to pass information about their US customers to the US tax authorities i.e. the Internal Revenue Service (IRS).
On 16th December, 2013 Malta and the US signed an agreement to implement FATCA in Malta (Agreement between the Government of the United States of America and the Government of the Republic of Malta to Improve International Tax Compliance and to Implement FATCA – incorporated into Maltese law through LN 78 of 2014) hereinafter referred to as "the FATCA Agreement".
Entities that issue payment cards that can be pre-loaded with funds in excess of $50,000 to be spent at a later date, such as a pre-paid cards or "e-money" are to be considered to be Depository Institutions for the purposes of the FATCA Agreement and therefore have an obligation to report certain information regarding those identified reportable accounts to the Commissioner for Revenue.
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