The streamlined foreign offshore procedures (SFOP) are part of the streamlined filing compliance procedures. Unlike the streamlined domestic offshore procedures, there is no 5% misc. offshore penalty assessed on a streamlined foreign offshore procedures filing. U.S. taxpayers eligible to use these procedures will file delinquent or amended returns, together with all required international information returns (Forms … Read more
IRC § 6038D, enacted on Mar. 18, 2010, and effective for taxable years beginning after the date of enactment, imposes reporting requirements with respect to certain “specified foreign financial assets”. The requirements are satisfied by an accurately filed Form 8938. Form 8938, Statement of Foreign Financial Assets, is required to be filed by specified individuals who … Read more
Individuals with foreign assets or interests may have one or more of the following reporting requirements: FinCEN Form 114, also known as FBAR Foreign Bank and Financial Accounts Reporting (FBAR). All US persons (which include US Citizens and resident aliens) who have a financial interest or signatory authority over foreign accounts which have an aggregate value of … Read more
Since the 2014 OVDP changes some taxpayers with unreported income from unreported foreign assets have filed under the Delinquent International Information Return Submission Procedures. Contents1 What are the Delinquent International Information Return Submission Procedures?1.1 Can I use this program if I also have unreported income from foreign assets?1.2 What are the requirements to file under … Read more
Contents1 Streamlined Domestic Offshore Procedures – Overview2 Eligibility for the streamlined domestic offshore procedures2.1 Non-willfulness3 Disqualification from the streamlined domestic offshore procedures4 Title 26 miscellaneous offshore penalty4.1 Determine the penalty base4.2 Financial interest: beneficial interest and legal interest4.3 Co-owners4.4 Are previously reported accounts included in the penalty base?4.5 Determine the penalty amount5 General treatment under … Read more
In early March 2020, the IRS released Rev. Proc. 2020-17 which provides an exemption from the information reporting requirements under IRC § 6048 – specifically, the filing of Forms 3520 and 3520-A. In addition, it provides tax relief for taxpayers who’ve been assessed penalties under IRC § 6677 for failure to file these forms. Contents1 … Read more
In the recent U.S. v. Ram Agrawal; No. 2:18-cv-00504 the district court rejected the taxpayer’s reasonable cause defense. It granted the government summary judgment in its suit to collect FBAR penalties for taxpayer’s nonwillful failure to file foreign bank account reports (FBARs) to report his Swiss bank account. The Taxpayer was very fortunate that the … Read more
On 11/19, the IRS released a memorandum to issue interim guidance to update the process by which IRS accepts requests for confirmation (verification) that the government received a filed FinCEN Form 114 (formerly TD F 90-22.1), Report of Foreign Bank and Financial Accounts (FBAR), until IRM 4.26.16.4.13, FBAR Filing Verification, is revised. Currently, IRM 4.26.16.4.13(4) … Read more
Texas is a relatively business-friendly state for incorporating a new business. The formation process itself can be deceptively simple. There’s more than simply filing the certificate of formation – such as determining what type of entity you need, drafting a company or partnership operating agreement, tax planning, and post-formation tax compliance. Haphazard planning and lack … Read more
In U.S. v. Tonisson, No. 3:19-cv-01497, the government filed a complaint to reduce to judgment almost $100,000 in FBAR penalties for Taxpayer’s non-willful failure to report foreign bank accounts from 2011 through 2013. FBAR filing requirement & penalty statute 31 U.S.C. § 5314(a) – FBAR filing requirement Federal law requires every resident or citizen of … Read more
If you have undisclosed foreign accounts, perhaps the only thing worse than not coming forward voluntarily is submitting an incomplete disclosure. In United States v. Vinci, No. 8:19-cv-02441 (D. Md. 2019) the government alleges that the taxpayer willfully failed to file foreign bank account reports during his participation in the Offshore Voluntary Disclosure Program (OVDP). … Read more
From the DOJ press release. A federal grand jury returned a superseding indictment charging Brian Booker, a former resident of Fort Lauderdale, Florida, whose business specialized in international trade, with failing to file Reports of Foreign Bank and Financial Accounts (FBARs) and filing false documents with the Internal Revenue Service (IRS). According to the superseding … Read more
Just when it seemed that things couldn’t get any stranger in the world of foreign accounts compliance… In United States v. Bittner, No. 19-cv-00415 (ED TX) (case was found courtesy of Tax Notes), the government seeks to reduce to judgment an incredible $3 million of non-willful FBAR penalties. The unpaid tax on the amended returns for the relevant … Read more
The IRS has started sending letters to taxpayers with currency transactions and who potentially failed to report income and pay tax resulting from the virtual currency transaction or did not report their transactions property. The IRS began sending these letters last week and expects that more than 10,000 taxpayers will receive such letters. Contents1 Who’ll … Read more
In United States v. Horowitz, an OVDI/OVDP “opt out” case, the Taxpayer appeals a summary judgment decision involving FBAR willfulness penalties. Contents1 Facts2 Was summary judgment appropriate?3 Conclusion4 What should non-compliant taxpayers do? Facts Taxpayers are married U.S. citizens who lived and worked in Saudi Arabia for over fourteen years between 1984 and 2001. The … Read more