Tag Archive for Streamlined Foreign Offshore Procedure

What Offshore Delinquent U.S. Individual Filers Need To Know! – Part 5 (Final)

I am a U.S. citizen and reside in Canada. I have filed U.S. returns annually, however I may have omitted some income or computed income incorrectly and omitted one or more international information returns. Can I rectify the issues with the streamlined program?

Answer

The Streamlined Foreign Offshore Procedure (“SFOP”) is extended to amended returns for the 3 year period. The amended return feature is important as filing omissions such as the failure to include items in income or file various international information returns can come now under SFOP without having to demonstrate a reasonable cause defense. The 2012 program did not have the amended return(s) feature. It is also extended to those who previously filed as a “quiet disclosure” outside of any program. Read More

Written by | Posted in Canada • FBAR • OVDP

What Offshore Delinquent U.S. Individual Filers Need To Know! – Part 4

Is acceptance of a streamlined application automatic for those residing in Canada?

Answer

The primary criteria for acceptance into the Streamlined Foreign Offshore Procedure (“SFOP”) is that the reason for the non-compliance was due to non-willful conduct and that you meet a non-residency test.

Non-willful conduct requires you to certify on IRS Form 14653. Non-willful conduct is conduct that is due to negligence, inadvertence, or mistake or conduct that is the result of a good faith misunderstanding of the requirements of the law.

The non-residency requirement is generally met if in any one of the 3 past due years, you Read More

Written by | Posted in Canada • FBAR • OVDP