What is a person of the United States (U.S.) for FATCA and 1099-K tax reporting purposes?

A person of the United States generally includes the following:

  • A U.S. citizen or resident individual, including U.S. citizens living outside the U.S. or U.S. citizens and residents operating a business outside the U.S. (This includes green card holders.)
  • A corporation or partnership organized in the U.S. or under the laws of the U.S. or any state thereof, including where the entity is operating a business outside the U.S.
  • A trust if (i) a court within the U.S. would have authority under applicable law to render orders or judgments concerning substantially all issues regarding administration of the trust, and (ii) one or more U.S. persons have the authority to control all substantial decisions of the trust, or an estate of a decedent that is a citizen or resident of the U.S.
For more information, see the IRS website.