2207005 Informal Interpretation

us-ftc-hsr-informal-interpretations-a215f0fcacffb281b5c47741f974f5b52207005 Informal InterpretationGuidance

Date
Rule
Item 5(a)
Staff
Nora Whitehead
Response/Comments

Yes.

Question

From: Whitehead, Nora <nwhitehead@ftc.gov>
Sent: Thursday, July 14, 2022 3:59:48 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Item 5(a) and natural person

Yes.

From: [Redacted]
Sent: Thursday, July 14, 2022 1:48:39 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Item 5(a) and natural person

I had received guidance a few years ago that a natural person UPE who is also a foreign person would only need to report investment income under Item 5(a) for investments made through a US broker. Is that still the case if the natural person UPE resides outside the US, but still happens to be a US citizen?

Sheinberg, Samuel I.
From: 	HSRHelp
Sent: 	Thursday, Ju ly 14, 2022 4:00 PM
To: 	Wa lsh, Kathryn E. ; Berg, Karen E. ; Musick, Vessel ina; Sha ffer, Kristin; She inberg, Samuel I.; Six, Anne;
Fetterman, Miche ll e
Subject: 	FW: Item S(a) an d natural person
From: Whitehead, Nora < nwhitehead@ftc.go v>
Se
To:
Cc:
Subject: RE: Ite m S(a) and natural person
Yes.
From: HSRHelp <HSRHe lp@ftc.go v>
Sent: Thursda y, July 14, 2022 1:49 PM
To: Walsh , Kathryn E. <kwalsh@ftc.gov>; Berg, Karen E. <KBERG@ftc.gov>; Musi ck , Ves seli na <vmusick @ft c.gov>;
Shaffer, Kr istin <kshaffer@ftc.gov>; She inberg, Samuel I. <SSHE INBERG@ftc.gov>; Six, Anne <asix@ftc.gov>; W hitehead,
Nora <nw hitehead@ftc.gov>; Fetterman, Michelle <mfetterman@ftc.gov>
Subject: FW: Item S(a) and natural person
5:00) Eastern Time ( US & Canada )
To: HSRHe lp < HSRHel p@ftc.gov >
Subject: Ite m S(a) and natural person
I had received guidance a few years ago that a natural person UPE w ho is also a foreign person would only need to report
investment income under Item 5(a) for investments made through a US broker. Is that st il l the case if the natural person
UPE resides outside the US, but st ill happens to be a US citizen?
From:
Sent: 	u rs ay, u y 	, 	-
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