THE TRANSATLANTIC MAGAZINE
THE TRANSATLANTIC MAGAZINE
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FATCA Freedom of Information Request Denied in UK
The ICO upholds HMRC’s refusal to disclose FATCA information sharing
The Information Commissioner's Office (ICO) in the UK has confirmed that it has upheld HMRC's refusal to disclose information on details shared with the IRS through FATCA regulations.
The ICO released a substantial document on March 1st explaining how a Freedom of Information (FOI) request had been submitted to HMRC in 2018, relating to information shared between the UK and the United States as part of FATCA, The Foreign Account Tax Compliance Act.
HMRC refused to comply with the FOI request on the basis of Section 27(1)(a) of the Freedom of Information Act, which explains that "Information is exempt ... if its disclosure under this Act would, or would be likely to, prejudice ... (a) - relations between the United Kingdom and any other State".
The American will be reaching out to overseas American organizations for comment, but in the mean time you can see the ICO's full report via https://ico.org.uk/media/action-weve-taken/decision-notices/2019/2614446/fs50751683.pdf.
