New Willful FBAR Case is Eerily Foreboding for Taxpayer
A new willful FBAR penalty case is getting way in the Southern District of New York. And from the looks of it, the taxpayer appears to have an uphill battle. In United States v. Gentges (USDC SDNY Dkt. 7:18-cv-07910), the Government filed suit to collect a “willful” FBAR penalty from a New York resident for a single […]
A Quick Primer on Form 5471 and Some Hidden Pitfalls to Avoid
Form 5471 is triggered in situations where a “U.S. Person” owns an interest in a “foreign” (non-U.S.) corporation. The specific reporting requirements for Form 5471 are found in Internal Revenue Code Sections 6038 and 6046. Broadly speaking, the purpose of Form 5471 is to identify “U.S. Persons” who: own at least 10% of a “non-U.S.” […]
OVDP Sunsetting on September 28 – New Procedures On The Horizon
On September 4, 2018, the Internal Revenue Service (IRS) reminded taxpayers that they have until September 28, 2018 to apply for the Offshore Voluntary Disclosure Program (OVDP). Back in March, the IRS announced that it would be discontinuing the program on September 28, 2018. This does not mean that the IRS is going to discontinue pursuing taxpayers […]
Failing to File an FBAR Can Mean Big Fines and Big Penalties
There’s no denying the will of the government. In the U.S., what the government says effectively goes, and if you don’t like it – well, that’s too bad. And nowhere is this truer than it is in the case of willful FBAR penalties. Imposed as a way to enforce foreign account reporting for American citizens both domestic and […]
The Curious Tax Case of Accidental Americans
In general, the United States government is adept at primarily imposing its laws and policies on those who live in the country or are otherwise closely associated with the goings-on of the country. This is, of course, as it should be – despite the occasional propensity of the government to stick its nose where it […]
FATCA Back in the News
That pestilent FATCA law is back in the news again. Back on July 9, 2018, the Treasury Inspector General for Tax Administration (TIGTA) issued a report (July TIGTA Report) highlighting the IRS’ shortcomings in enforcing FATCA. For those unfamiliar with FATCA, it stands for “Foreign Account Tax Compliance Act.” Sometimes referred to derisively by the nickname […]
The Weighty Burden of the Full FBAR Penalty
No one likes paying the IRS as it is, let alone being ordered to pay 50% of the assets kept in overseas bank accounts as a penalty for failing to file a Report of Foreign Bank and Financial Account, or FBAR, but that’s exactly what happened to Mindy P. Norman. In October 2013, Ms. Norman was […]
Lessons Learned from Manafort Conviction that Every Taxpayer Should Know
The conviction of former Trump campaign chairman Paul Manafort on eight counts of financial crimes marks the first trial victory of Special Counsel Robert Mueller’s probing investigation into President Trump’s associates. After four days of deliberating, the jury found Manafort guilty of five counts of filing false tax returns on tens of millions of dollars […]
FATCA, the IRS, and You: The Importance of Reporting
If you have offshore bank accounts, the reality of FATCA should be less mystery and more common knowledge. Short for the Foreign Account Tax Compliance Act, FATCA is the legislation behind the government’s ability to find your funds anywhere in the world and, subsequently, bring down punitive actions against those not following the rules. Bottom line? If […]
How to Deal With A Dreaded FATCA Letter From Your Foreign Bank
Have accounts overseas? Think they’re hidden from the U.S. government? Think again. As many Americans with foreign bank accounts are startled to discover, the U.S. government can and will find your bank accounts and use information from your bank to confirm your compliance with U.S. tax law. From millions in the bank to a few dollars sitting […]