Constitutional Court grants preliminary measure against FATCA law

FATCA Law is currently under scrutiny before the Liechtenstein Constitutional Court after two clients brought complaints based on alleged unconstitutionality. The main arguments address the issue that FATCA Law /IGA are not capable of being adjudicated due to its complexity.

Besides its implementation causes high costs to financial intermediaries and interpretation is practically impossible without referring to and applying US tax law. On June 9th, 2015 the Court granted a request for a provisional measure, prohibiting the Liechtenstein Tax Authority to provide the IRS with data provided to them by the plaintiffs until September 18th, 2015. It is to be expected that the Court will have decided over the matter by then.