US: The Allocation of FATCA Withholding Risk in Cross-Border Reinsurance Agreements

While FATCA withholding commenced July 1, 2014, issues remain for parties negotiating cross-border reinsurance agreements.  Principally, the issue is how FATCA withholding risk should be allocated among the parties to the transaction and how risk allocation should be reflected in the transaction documents.  Jason Kaplan and Christine Lane, of Hogan Lovells' US tax practice, recently authored an article entitled "The Allocation of FATCA Withholding Risk in Cross-Border Reinsurance Agreements" which was published in Taxing Times focusing on this issue and offering suggestions on how to reflect FATCA withholding risk in reinsurance transaction documents.

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