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U.S. issues final tax anti-evasion rules, enforcement ahead

Women walk out of an Internal Revenue Service office in New York April 18, 2011. REUTERS/Lucas Jackson

Women walk out of an Internal Revenue Service office in New York April 18, 2011.

Credit: Reuters/Lucas Jackson



WASHINGTON | Thu Jan 17, 2013 11:02pm EST


WASHINGTON (Reuters) - Non-U.S. pension funds and mutual funds were spared the full brunt of new U.S. information-reporting rules on overseas accounts meant to catch Americans who dodge U.S. taxes by keeping their assets offshore.


Chiefly targeting banks, the Foreign Account Tax Compliance Act (FATCA) rules, published by the U.S. Treasury on Thursday, require foreign financial institutions with $50,000 of any American taxpayer's assets to report the holdings to the U.S. Internal Revenue Service.


The Treasury rejected a request by businesses, banks and foreign investment funds to delay a January 2014 start date for big penalties imposed on individuals and financial firms that do not comply with the law.


The announcement completes the rule-writing process for FATCA, a law that Congress passed in March 2010 after a Swiss bank scandal revealed that U.S. taxpayers had hidden millions of dollars overseas from the IRS.


Certain retirement funds, life insurance and other "low-risk" financial products held abroad that are not considered vehicles for dodging taxes are exempted from reporting their U.S. account holders' information to the IRS. Financial firms and foreign governments had been calling for these exemptions.


The law, the first of its kind globally, has been decried by companies and U.S.-ally countries as unilateral, over-reaching and a breach of privacy. U.S. law requires that Americans pay taxes on their global income, not just domestic.


Treasury officials are hoping to sign up more than 50 countries with FATCA agreements and kick-start a dragnet of tax enforcement.


"The real story here is that looks like it is going to become a global model," Manal Corwin, deputy assistant Treasury secretary for international tax affairs, told Reuters in an interview.


Companies affected by the new rules, including BlackRock, Western Union and Prudential, may spend more than $100 million each to comply with the law. Some firms are asking Treasury for additional time to prepare.


Financial institutions that refuse to comply with the law will be effectively shut out of U.S. securities markets.


The businesses must report to the IRS - in English - account holders' names, addresses, account balances plus dividends and interest. The first reports are due in 2015.


The roughly 500 pages of final rules, which were initially proposed in February 2012, give breathing room to some asset managers, such as mutual funds, for how they need to report investors' information.


Treasury has not started registering financial firms, but it must do so by July 15, 2013. The final rules said firms must register by October 25, 2013, to avoid next year's penalties.


The rules also incorporate the government-to-government agreements Treasury has been signing with countries to get their local firms compliant with the law. Norway became the seventh country to forge an agreement, Treasury said on Thursday.


GOVERNMENT PACTS


Soon after Congress passed FATCA, Treasury officials surmised the law could not be broadly implemented as intended. Too many foreign firms would be breaking domestic laws by reporting client information to the IRS.


The government agreements offer a workaround. The United Kingdom, Mexico, Denmark, Ireland, Switzerland and Spain are finalizing FATCA agreements.


Though the pacts help firms comply with FATCA, they have added new headaches for some international companies.


Some of the agreements include a reciprocal information-sharing provision, under which the IRS will deliver taxpayer information to a foreign government about its citizens living in the United States.


This reciprocal provision has raised privacy concerns, specifically with the Mexico agreement, signed in November.


Corwin said Treasury and IRS vetted the Mexican tax-collecting agency and checked with other U.S. agencies that share sensitive information with Mexico before signing the deal.


Foreign financial firms may be spared FATCA penalties next year if their native governments are on the verge of completing FATCA legislation, Corwin said.


Firms have been waiting for the final rules to finish their preparations, said Ellen Zimiles, a managing director for consulting firm Navigant. Firms may still get relief on the penalty start date as the deadline approaches, she said.


"It's always a little game of chicken" between Treasury and businesses, Zimiles said.


(This story corrects story to remove paras 18-20 as BlackRock executive comments were made before rules were published)


(Editing by Howard Goller, Steve Orlofsky, M.D. Golan, Gary Hill)


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Democrats, Republicans apart on key "fiscal cliff" issues: Reid

Dolls are left at a memorial along a roadside leading to Sandy Hook Elementary School, where on December 14 a gunman armed with a military-style assault rifle shot dead 20 children and six adults, in Newtown, Connecticut December 26, 2012. REUTERS/Adrees Latif

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U.S. Senate Majority Leader Harry Reid (D-NV) is shown in this C-Span video footage as he addresses the Senate during an unusual session on Capitol Hill in Washington, December 30, 2012. Hopes rose on Sunday that U.S. lawmakers could reach at least a limited deal to prevent the still-recovering economy from tumbling off a ''fiscal cliff'' at the New Year, sending the country into another recession. REUTERS/C-SPAN/Handout

U.S. Senate Majority Leader Harry Reid (D-NV) is shown in this C-Span video footage as he addresses the Senate during an unusual session on Capitol Hill in Washington, December 30, 2012. Hopes rose on Sunday that U.S. lawmakers could reach at least a limited deal to prevent the still-recovering economy from tumbling off a ''fiscal cliff'' at the New Year, sending the country into another recession.

Credit: Reuters/C-SPAN/Handout

WASHINGTON | Sun Dec 30, 2012 2:27pm EST

WASHINGTON (Reuters) - Senate Majority Leader Harry Reid said on Sunday that Democrats and Republicans still had key differences in talks to avert a looming year-end "fiscal cliff," and he had not been able to make a counteroffer to the latest Republican proposal.

"I've had a number of conversations with the president and at this stage we're not able to make a counteroffer," Reid said on the Senate floor.

He said that as the day wears on, Democrats may be able to make such an offer.

"I think that the Republican leader has shown absolutely good faith. It's just that we're apart on some pretty big issues," Reid added. (Reporting By David Lawder; Editing by David Brunnstrom)



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Wells Fargo Web site troubles persist, U.S. OCC issues cyber alert


Fri Dec 21, 2012 2:32pm EST


n">(Reuters) - Wells Fargo & Co customers on Friday had trouble accessing the bank's Web site for a fourth day, as a federal regulator reiterated the need for banks to have systems in place to ward off cyber attacks.


A spokeswoman for the No. 4 U.S. bank by assets said some customers may have intermittent access to their online banking, although the high volume of traffic that has flooded the site has declined.


"Our technical teams have been working around the clock to ensure our Web site is accessible to our customers," bank spokeswoman Bridget Braxton said. The bank has been posting apologies on its Twitter account.


Since September, a hacker activist group called the Izz ad-Din al-Qassam Cyber Fighters has said it was targeting major banks with so-called denial of service cyber attacks. These attacks can disrupt service by deluging Web sites with high traffic.


On Tuesday, the group said in an Internet posting that it would target the "5 major US banks." In a similar posting last week, it forecast attacks against banks that included PNC Financial Services Group Inc and U.S. Bancorp, which reported some disruptions.


A PNC spokesman on Friday said the bank's systems were operating normally. Spokespersons for Bank of America Corp, JPMorgan Chase & Co and U.S. Bancorp declined to comment. Citigroup Inc could not be immediately reached.


In its alert on Friday, the U.S. Office of the Comptroller of the Currency, which regulates national banks and thrifts, said groups launching denial of service attacks had varying motives, from gaining public attention to diverting the attention of banks while launching simultaneous attacks to commit fraud or steal proprietary information.


"Banks need to have a heightened sense of awareness regarding these attacks and employ appropriate resources to identify and mitigate the associated risks," the alert said.


Banks should have sufficient staffing during attacks, work with third-party providers and share information with other banks, the OCC said.


Of five major banks, Wells Fargo on Friday had spurred the most complaints from users about access problems, according to the Web site SiteDown.co, which tracks customer reports. It listed 576 "downtime reports" in the past 24 hours.


Wells Fargo says it has 21 million active online banking customers.


(Reporting By Rick Rothacker in Charlotte, N.C.; Editing by Gerald E. McCormick)


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California agency raises issues over proposed solar project

n">(Reuters) - California Energy Commission staff on Friday said BrightSource Energy's proposed 500-megawatt Hidden Hills solar thermal power project would have "significant" impact on the environment.

In a statement on the final staff assessment, the state's primary energy planning and policy agency cited impacts on "biological resources, cultural resources, land use, and visual resources" even if recommended mitigation measures are implemented.

BrightSource said the company is looking forward to the formal evidentiary hearings upon which the Commission will base its final decision.

"Unmitigated environmental impacts and non-compliance with applicable laws and regulations would require the Commission to adopt override findings if the project is approved," the CEC said in a statement.

The proposed project would consist of two 250-MW solar plants, each having about 85,000 heliostats - elevated mirrors used to focus the sun's rays on a solar receiver. It would be located on 3,277 acres of private land leased in Inyo County next to the Nevada border.

The construction of the $2.2 billion project, if approved, would take about 29 months with work scheduled to start in the second quarter of 2013 and end in the fourth quarter of 2015.

BrightSource's first major project, the $2.2 billion Ivanpah plant in California, is nearly complete. The 377-megawatt plant is backed by a $1.6 billion government loan guarantee and is expected to enter service in 2013.

California has a goal to produce 33 percent of its power from renewable sources by 2020.

(Reporting by Nichola Groom in Los Angeles and Koustav Samanta in Bangalore; editing by Jim Marshall)


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US issues framework on study on fracking and water

A natural gas well is drilled near Canton, in Bradford County, Pennsylvania January 8, 2012. Bradford County is currently ground zero for fracking the Marcellus shale in the Northeastern United States. REUTERS/Les Stone

A natural gas well is drilled near Canton, in Bradford County, Pennsylvania January 8, 2012. Bradford County is currently ground zero for fracking the Marcellus shale in the Northeastern United States.

Credit: Reuters/Les Stone



WASHINGTON | Fri Dec 21, 2012 1:57pm EST


WASHINGTON (Reuters) - The Obama administration issued the framework on Friday of a long-term study on whether fracking for natural gas pollutes drinking water, but will not make conclusions until 2014 about the controversial technique that is helping to fuel a domestic drilling boom.


Critics of the Environmental Protection Agency study, called for by Congress in 2010, complain it does not closely examine the impact of drillers' injecting waste water deep underground, a practice that has been linked to small earthquakes.


The progress report outlined case studies at drilling sites in states including North Dakota, Pennsylvania and Texas that will inform the final study. For a link to the study click here r.reuters.com/jec84t


It also explained the scientific methods the EPA is using to understand how drinking water supplies are affected by the lifecycle of water used fracking. That cycle ranges from withdrawing the water from ground and surface supplies to treating it in wastewater plants.


Although conclusions are more than a year away, power utilities, chemical companies and other big consumers of natural gas fear the study could lead to more regulations and raise costs as a result. Power generators, including American Electric Power and Southern Co, have been enjoying rock bottom prices for natural gas in recent years.


Fracking involves forcing large volumes of water laced with chemicals and sand deep underground to crack rock and free oil and natural gas. Critics of fracking, including many environmentalists, worry drilling operations near schools and homes can pollute water and air.


The drilling industry and some Republicans in Congress have said the EPA study is overkill because fracking is safe.


The EPA's long-term study will examine the large volumes of water sucked up by fracking operations, surface spills of fracking fluids on well pads, and the drilling itself.


The study will also look at spills of so-called "flowback" water that rushes up from wells when they start producing gas, and how well wastewater treatment plants operate.


But the study does not closely look at the effects of injecting waste water deep underground, a practice environmentalists worry could become a dormant threat to water supplies.


Drillers say they are recycling more and more water used and produced in fracking. But some of the waste is still injected underground.


Ben Grumbles, a former assistant administrator for water at the EPA, said injection of the waste is "legitimate and important concern."


Ohio recently linked the disposal method to a series of small earthquakes and placed a moratorium on the injections but lifted it in November.


Grumbles, who is now president of the U.S. Water Alliance, said the omission of examining the practice was "not a fatal flaw" of the study because he believes a different arm of the EPA is doing research on waste water injection.


"They really do need to look at the issue," he said. "I would hope the offices were coordinating and efforts to review potential risks of large volumes of waste water being injected ... will be looked at, " he said.


(Reporting by Timothy Gardner; Editing by Gerald E. McCormick and Sofina Mirza-Reid)


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Five issues that could derail your refinancing

Hakan Tale (R), listens to Joseph Sant, a lawyer at Staten Island Legal Services, as Sant explains the latest round of paper work from Chase Bank regarding a denied loan modification application for Tale's mortgage, in Staten Island, New York, December 9, 2011. REUTERS/Andrew Burton

Hakan Tale (R), listens to Joseph Sant, a lawyer at Staten Island Legal Services, as Sant explains the latest round of paper work from Chase Bank regarding a denied loan modification application for Tale's mortgage, in Staten Island, New York, December 9, 2011.

Credit: Reuters/Andrew Burton



NEW YORK | Sat Oct 13, 2012 9:00am EDT


NEW YORK (Reuters) - The TV and radio ads make it all seem so easy. Walk into a lender's office, refinance your home loan at a rock-bottom rate, and walk out with a lower monthly payment.


Here's a little tip: It's not so easy.


If you know the pitfalls, you can at least prepare for them - and perhaps chart a wiser course. A few issues that could have your application earmarked for the ‘Rejected' pile:


1. Heightened credit score demands


If you're refinancing, that means you've successfully secured a home loan already. But since then, lenders have started to demand near-pristine credit scores. "Now to get access to the lowest rates, you need a FICO score above 740," says Keith Gumbinger, VP of mortgage information site HSH.com.


Not quite the perfect score of 850, but still quite challenging to achieve. Credit scorer FICO does not break out the average number for refi applicants, but the national average is 690 -- well below what will get you prime lending rates.


2. Low appraisal


While interest rates have gone down, so have U.S. home values. The average home value dropped a third from the start of 2007 to the start of 2012, according to housing analytics firm Fiserv. For refinancing, that's a problem.


Chicago's Jesse Raub and his wife have owned a home for about three years, and recently started the refi process. But then the appraisal came in low.


"Beware that the appraised value of your home may not be what you think it should be," says Raub, 27, who's a trainer and educator for Intelligentsia Coffee. "Our new mortgage amount was close to the total value of the home - which required us to get mortgage insurance as well."


3. A home equity line of credit


You may have forgotten that you once took out a home equity line of credit. You may have not even touched a penny of it. But it could still derail a refi, because it means another lender has a claim on the value of the home.


"If you're refinancing your first mortgage, the lender of the home-equity line has to agree to that," says Mike Fratantoni, vice president of research for the Washington, D.C.-based Mortgage Bankers Association.


Essentially, that lender needs to sign off on being second in line, and agree that the primary mortgage will always be paid off first (in the event of a foreclosure, for instance). "There may be fees associated with that, and so a home-equity line of credit is one more thing that could make a refi more difficult."


4. Condo or co-op troubles


If lenders are going to fork over hundreds of thousands of dollars, they don't want any issues to make them nervous. And when the property is subject to decisions of an unpredictable board of directors, that can make them nervous.


"Any number of issues might trip you up," says Gumbinger. "If the building finances aren't in good shape, or if the insurance isn't paid up, or if there are any units in foreclosure, or if there are any lawsuits against the condo association, or if the building is comprised largely of renters. All kinds of fun stuff can arise."


5. Timeliness requirements


Banks want to see the most up-to-date financial information possible before they sign off on a mortgage. But they also have a tendency to ask for document after document after document regarding your financial situation. If the refi process has ballooned to 60 or even 90 days, but they require documents from the last 30 days, that could put you on a carousel of paperwork straight from the ninth circle of hell.


So get out your yoga mat, breathe deeply, and have a mantra ready. You're going to need lots of patience. "Expect the worst," advises Erin Lantz, director of the mortgage marketplace for real estate site Zillow.com. "If you come to terms with that at the beginning, it will remove the stress later on."


(Follow us @ReutersMoney or here Editing by Beth Pinsker Gladstone)


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