Archive for FBAR

Part 1 – Life In The “Penalty Box” – U.S. Citizens And Green Card Holders Living Outside The US

John Richardson

On October 18, 2011 the U.S. Ambassador to Canada – Ambassador Jacobson – made a speech on “U.S. Canada Relations” to the Canadian club. The speech took place after the frightening summer of 2011 during which thousands of Canadians:

1 Learned that they might be considered to be U.S. citizens;

2. Learned that they might be required to file U.S. taxes;

3. Made attempts to file those taxes (often through the 2011 “OVDI” program).

Americans abroad throughout the world were living in a “state of fear and confusion” sheer terror. Read more

New FBAR Deadline: Why This Is Great News?

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This is what happened on the last day of July this year (2015): President Obama signed into law H.R. 3236, the Surface Transportation and Veterans Health Care Choice Improvement Act (The Act). An unlikely vehicle for deadline changes, but it did make some really important changes to Tax Law & Revenue Provisions, including:

1. FinCEN Form 114 (FBAR) filing and extension deadlines;
2. Tax Filing Deadlines;
3. Changes to consistent basis reporting between the estate and the person acquiring the property from the decedent.

Point #3 above modifies due dates for Trust returns: Foreign trusts with US Owners and Read more

From Gumshoe To Gavel

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Although it didn’t have the panache of Dark Justice, (Film Clip Below) a vastly underrated drama, in my humble opinion, the Law & Order (Film Clip Below) franchise was once almost as ubiquitous as stars in the sky or grains of sand on the seashore. These shows featured solid writing and good acting, along with a half cop show/half lawyer show format that resonated with audiences, at least until the CSI-esque programs took control of prime time.

As the FBAR crackdown enters its final phase, it’s almost like we’re halfway through a Law & Order episode. The setting is migrating from hard-boiled detectives tracking down leads generated by cooperative foreign governments, or tips from “concerned citizens,” to a courtroom showdown between the heroic district attorney and sleazy lawyers who rely Read more

Changes Are Coming To The FBAR FATCA Reporting For Expats

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The new “Highway Fund Extension Act” has some interesting additions having nothing to do with highways including Veterans Health Care Choice Improvement. AND new tax due dates for corporate and other forms.

The main change that will be of interest to all EXPATS is the due date for the FBAR form here is the text direct from the act:

“The due date of FinCEN Report 114 (relating to Report of Foreign Bank and Financial Accounts) shall be April 15 with a maximum extension for a 6-month period ending on October 15 and with provision for an extension under rules similar to the rules in Treas. Reg. section 1.6081–5. For any taxpayer required to file such Form for the first time, any Read more

Congress Changes Certain Returns Due Dates

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Congress recently passed some legislation that changes the due dates of certain returns.  Partnership and S Corporation returns using a calendar year will be due on March 15 (two and one-half months after the end of the fiscal year). This is effective for tax years beginning after December 15, 2015.

C Corporation returns using a calendar year will be due will be due April 15 (three and one-half months after the end of the fiscal year). This is effective for tax years beginning after December 15, 2015 unless the fiscal year ends June 30, in which case it is effective for tax years beginning after December 31, 2025. Go figure.

The new law also changes the due date for the FinCEN Report 114 to April 15. Remember Read more

Recent Important Tax Changes

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The three month highway funding extension was passed by the House July 29 and by the Senate July 30. The president signed the bill into law on July 31. The law contains several important tax provisions changing the due dates for partnership and C corporation returns, FinCEN Form 114-Report of Foreign Bank and Financial Accounts (FBAR), several common tax returns and several other IRS information returns It also overrules the Supreme Court’s Home Concrete decision, requires that additional information be reported on mortgage information statements, and requires consistent basis reporting between estates and beneficiaries. Read more

The Choice: Amnesty Or Quiet Disclosure For Foreign Bank Accounts: Criminal Tax Evasion, Negligence, Or Ignorance?

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Preliminary Introduction For TaxConnections Global Internet Tax Summit, September 21-25, 2015

The most recent IRS push to close “the Gap” between collected U.S. tax revenue and the total tax revenue which should be reported by U.S. citizens and alien residents of the United States has focused on offshore income concealed in foreign or offshore accounts.

U.S. citizens are liable for U.S. taxation on all income realized globally, regardless of the foreign jurisdiction in which their funds are deposited in foreign accounts.  U.S. citizens are not only liable for U.S. tax on such foreign sources of income, they are required to report all funds in excess of $10,000.00 on deposit in foreign accounts over which they have “signature authority” even if they only have a nominal “financial interest” in the Read more

FATCA Lawsuit Filed On Behalf of 8.7 Million Americans Overseas

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TaxConnections will post on Worldwide Tax Blogs all documents over a series of weeks leading up to the Internet Tax Summit.

On 14 July 2015 the FATCA Lawsuit in US Federal Court in Southern Ohio on behalf of 8.7 million Americans overseas as well as a large segment of the 12.6 million foreign passport-holding U.S. residents by Republicans Overseas Action, a 501(c)(4) organization which does not intervene in any political campaign by corporate policy. The lawsuit cites eight constitutional violations and requests a preliminary injunction that will protect Americans overseas from FATCA and FBAR until a trial can be held by the court.

Keith Redmond, an American living in Paris, France for the past 20 years, works globally Read more

OVDP Penalties Increased To 50% For 32 Foreign Banks!

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The new revisions to the US offshore voluntary disclosure initiative, which we posted on 6/18/14 “IRS Makes Changes to Offshore Programs; Revisions Ease Burden and Help More Taxpayers Come into Compliance“, now provides for and increased 50% FBAR Penalties for ‘Willful’ Non-Disclosers.

This group includes those individuals who have offshore bank accounts with a foreign financial institution which has been publicly identified as being under investigation, or is cooperating with a government investigation. IRS has published a list of those foreign financial institutions or facilitators.

The complete list is as follows: Read more

South African Tax Man’s Message To HSBC Account Holders

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The South African Revenue Service (SARS) has announced an amnesty of sort – a threat and upfront warnings: we do know about you, best you come forward before we make the tax audit into your affairs known.

On July 9th, 2015, SARS issued a press release, which can be read in more detail on: – – – South-Africans-with-accounts-and-investments-in-foreign-tax-jurisdictions.aspx

The International Consortium of Investigative Journalists (ICIJ), based information obtained by French newspaper Le Monde, ranked South Africa number 31 among the countries with the largest amount of dollars ($2.3blion) in the so-called leaked Swiss Read more