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FAQ - Form 2555-EZ

What is the purpose of Form 2555-EZ?

This Form 2555-EZ is used for a request for a waiver of the foreign tax on a non-U.S.-connected trade or business. These requests are only issued for specific situations. What is the process for filing Form 2555-EZ? The IRS must evaluate the tax avoidance issue and issue approval or denial based on the circumstances. When must Form 2555-EZ be filed with the Foreign Account Tax Compliance Act (FATWA)? Any person that conducts or manages U.S.-related income or assets on behalf of a foreign person must file Form 2555-EZ with FATWA if more than 100,000 in such assets is held by any person or entity based outside the United States, as defined in the FATWA regulations. For purposes of filing with FATWA, a foreign business or person is any person that is engaged in or maintains a substantial trade or business in the United States in order to obtain, dispose of, or develop the assets of another person. If a foreign person (a foreign entity) is required to file Form 2555-EZ and does not file such Form voluntarily with FATWA, and this is later determined by the IRS to be improper, the tax compliance officer of the person or entity that requested Form 2555-EZ for this purpose may recover the amount of taxes due by requesting a waiver. The requests for waiver are made at the time of filing Form 2555-A. Tax authorities in Canada, Russia, and other countries have different filing requirements and other requirements for requests for waivers. A waiver is granted if, at the time of filing Form 2555-A (or at some time thereafter), the IRS determines that a tax avoidance strategy and/or transaction is inconsistent with federal tax laws, either because: The request was submitted after an insufficient period of time The request was made for an unrelated tax year The request was made prior to the effective date of Section 1161(a) If the IRS determines a tax avoidance strategy or transaction is inconsistent with the federal tax laws, the IRS will make a determination letter (and/or letter of guidance) to the foreign person and that person will be required to file Form 2555-EZ with FATWA if more than 100,000 in such assets are held by any person or entity based outside the United States.