Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Is this for a new or existing employer?
Hi there and thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all.
Many thanks for your patience. There is a law in place which deal with the exchange of information about US nationals’ financial affairs abroad, however it does not extend to employers. For example, banks and other financial institutions have a duty to take details of any US nationals and pass them on to the US authorities, the purpose of which is to try and deal with potential tax evasion. If this is just an employer with which you are not actually investing or banking with, then this law will not apply in the circumstances. Saying that there is nothing stopping the employer from asking you for this information. If they do take it and store it they will have strict obligations under data protection laws to store it securely and only use it for the specific purposes for which it was obtained. The issue is that if they ask for it and you refuse to give it, they are not obliged to offer you a job. So there is nothing stopping you from refusing to give this information out, but at the same time there is nothing obliging them to give you a job without it, so you have to consider how likely it is that thy may withdraw any offer in the absence of this information.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
You are most welcome and all the best