FBAR US Citizens Alert!

US CITIZEN ALERT!

I have just learned from an enrolled agent that the new Treasury Dept./IRS rules have become much stricter and this involves you if you have ANY foreign deposit account(s), no matter what the balance was for the year.
Forget the $10,000.00 maximum balance! If you have any foreign bank or other deposit account you need to file the FBAR form FinCEN Report 114 electronically on the BSA website.  The old TD F 90-22.1 form is no longer valid.

The new web filing is supposed to be better (easier) but whose idea was it? Big government, so if you do not want to do it yourself contact someone with experience.

Have the following available:

1. Name of foreign bank or financial institution
2. Full address
3. Your account number
4. The highest amount of account balance in the year.

Failure to report Penalty:

A person who is required to file an FBAR and fails to properly file may be subject to a civil penalty not to exceed $10,000 per violation. If there is reasonable cause for the failure and the balance in the account is properly reported, no penalty will be imposed. A person who willfully fails to report an account or account identifying information may be subject to a civil monetary penalty equal to the greater of $100,000 or 50 percent of the balance in the account at the time of the violation.. Willful violations may also be subject to criminal penalties.

OTHER FATCA FORMS TO BE AWARE OF:
FORM 8938:
Who Must File Form 8938
U.S. Citizens Living Abroad:
For U.S. citizens who are considered by the IRS to be foreign residents for the entire tax year or who meet the physical presence test for living in a foreign county, the new limits are:

• Single: Aggregate foreign assets of USD 200,000 on the last day of the year or USD 300,000 at any time during the year.
• Married Filing Jointly: Aggregate foreign assets of USD 400,000 on the last day of the year or USD 600,000 at any time during the year.

For more details on who needs to file, what constitutes foreign assets, and other details, connect with me on TaxConnections.

If you did not inform us of your financial accounts that meet the requirements for filing a form 8938 or for any other reason you filed your tax return already without the required 8938 form then you will have to file an amended (1040X) return to submit the 8938.

Penalty:
$10,000 penalty for first time and $50,000 for failure to comply
Form 5471:
Form 5471 is used by certain U.S. citizens and residents who are officers, directors, or shareholders in certain foreign corporations. The form and schedules are used to satisfy the reporting requirements of sections 6038 and 6046, and the related regulations. Category 2 filer who owns or has acquired 10% or more of the total value of the stock of a foreign corp. I charge 1800 baht for a category 2 filer. Again this is supposed to be filed with your annual income tax return. If you already filed your return for this year you will need to file an amended return (1040X) to attach the 5471.

Penalty:
A $10,000 penalty is imposed for each annual accounting period of each foreign corporation for failure to furnish the required information within the time prescribed.

I AM NOT TRYING TO SCARE YOU JUST INSTILL THE FEAR OF THE LONG ARM OF THE FINANCIAL CRIMES ENFORECMENT NETWORK INTO YOU. I DO NOT WANT TO SEE YOU IN TROUBLE WITH THEM. FEAR THEM MORE THAN THE IRS. My brother in Seattle knows of people who have been put in jail for non-compliance.

In accordance with Circular 230 Disclosure

Dan has been preparing tax return for US Taxpayers and Expatriates since 1998 beginning with US military and Embassy mission personnel in Bangkok, Thailand. He has always loved math and took business accounting at City U. in Seattle Washington. Dan worked at Clint Gordon & Associates (Accredited Tax Consultant) were he gained his foundational knowledge of the US taxing system.

Dan has been studying tax preparation and tax law ever since increasing his skill and knowledge of the tax preparation business accordingly, Dan is known in many circles around the globe as an Expatriate Tax Expert. His book entitled “The Complete US Expat Tax Book” has recently been published and is available on Kindle, Amazon and booksellers around the world.

Thru the years, Dan has fought many battles with the Internal Revenue Service as well as various state taxing departments with great success in helping lower and or eliminate his clients tax debts.

Dan Gordon and his staff enjoy the work they do from the simplest 1040EZ to the most complex corporations, with the goal that no client should pay more tax than legally required.

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8 comments on “FBAR US Citizens Alert!

  • Elaine Terlinden

    Agree with above comment.
    And, IF $10,000 no longer the FBAR filing threshold, where is this info on IRS.gov?

  • Same here, the $10K threshold has always been there, courses with renowned tax attorneys have also confirmed this threshold.

  • Have you found anything on the IRS website that agents should give extra scrutiny to 501C applicants that have a right side leaning? Has Lois Lerner posted on the website here directions? Does everyone out there “trust” the IRS anymore.
    I am not talking about regulations I am talking about PRACTICES that have been reported to me by a 40 year veteran Enrolled Agent. Not a IRS regulation but the Financial Crimes Enforcement Network. What government agency do you know that keeps their website up to date with what they are doing?

    The Obama administration agencies to not pay attention to the laws and regulations but do what they want. If you want to take a chance that this enrolled agent is wrong and not fill out the form up to you. The Online form is fairly easy to fill out.
    If you teach others to disregard this warning and they get nailed by the FCEN then it is on your conscience. I prefer to warn as many people as possible and keep my conscience clear.

    • So you trust the IRS and the Treasury dept to be 100% upfront and above board. Fine dont file the form! I was just reporting what an enrolled agent has experienced, I quote another agent’s post from Linkedin, “Concerned that the IRS does not listen, which is the truth, the whole truth, and nothing but the truth! ” Perhaps you also believe in Santa Clause and the Easter Bunny.

  • See also the interesting debate below my FATCA comment, made from an SA perspective. The Form 8938 limits for nationals living outside USA refers. What seems to be a huge issue is past compliance, i.e. does IRS know you meet the US national living abroad criteria? In most cases not as the queries stream in as if the US national merely failed to comply with the normal resident rules. So also for green card holders having returned to SA, the IRS treat them as resident aliens actually living in the USA despite having claimed (I am told) foreign earning exemption for years.

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