Is a US Citizen with Dual Nationality a “US Person” under #FATCA?


FATCA & CRS Training. Advice. Consultancy.

TD9809 (an update to the US FATCA regulation) which was published on Jan 6, 2016.

Page 9 and 10 contain the following:

U.S. Person:

The 2014 temporary regulations define the term U.S. person to include a person described in section 7701(a)(30), but do not specify whether a U.S. person includes a dual resident (that is, an individual who is considered a resident of the United States and also a resident of a country with which the United States has an income tax treaty). For purposes of chapter 3, a person that is a resident of a foreign country under the residence article of an income tax treaty and §301.7701(b)-7(a)(1) (which therefore includes a person that is a dual resident) is a nonresident alien individual. See §1.1441- 1(c)(3)(ii). The Treasury Department and the IRS have determined that the treatment of dual residents should be consistent in chapters 3 and 4 and…

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