IRS Streamlined Program

U.S. law requires that all taxpayers pay taxes on any foreign income or assets they have. This extends to anyone who is required to file taxes in the United States; it is not limited to U.S. citizens. Many people are not aware of this and subsequently fail to file and pay taxes on their foreign income or assets. Any taxpayer that fails to file legally required tax returns can face severe penalties including, among others, “failure to file” which can require the taxpayer to pay a 25% tax penalty or “failure to report foreign bank and financial accounts” which result in a civil fine of anywhere from $10,000 to $100,000. Foreign assets that must be filed and reported include, but are not limited to:

  • Financial accounts held at foreign financial institutions
  • Financial accounts held at a foreign branch of U.S. financial institution
  • Foreign stock or securities not held in a financial account
  • Foreign mutual funds
  • Foreign hedge funds and foreign private equity funds.

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iStock_tax on backXSmallAccording to Nathan Farkas, CPA, CA, CPA(NY):

Lately, a bunch of my clients have been getting letter 4087 from the IRS from the streamlined program. The letters are saying my clients did not submit signed tax returns, or signed FBAR forms or the signed questionnaire. I know that in all cases where my clients are getting these letters, all the requested documents were properly submitted to the IRS. I put together each package and made sure that all documents were included in the package.

Another thing I noticed on this is that in each case where a client got the letter 4087, there was an ITIN application for a family member, be it a spouse or a child. In all my streamlined cases, over 75% of cases where the client applied for ITIN numbers for a family member, they received a letter 4087 saying that returns or FBARS were missing. In over 75% of cases where there was no ITIN application, the returns were assessed and the case resolved in a fairly quick manner.

How have others been dealing with this situation and does anyone have a similar results from the streamlined processes?