FBAR_OVDI_Lance Wallach_
Tuesday, December 11, 2012
IRS: Disclose Offshore Accounts or Go to Jail
Brian M
That's pretty much the headline from a CNBC article on Friday. And it's true.
In 2009, 15,000 Americans came forward and admitted having foreign bank accounts. Unfortunately, Uncle Sam estimates there are some 500,000 more people hiding money offshore. Opening a bank account in another country isn't illegal. There are a whole host of reasons why people may wish to send money offshore. It only becomes illegal when you send money to a foreign country in the hopes of cheating Uncle Sam.
U.S. law makes it a felony if you fail to declare the income from foreign investments on your U.S. tax return and makes it illegal to not disclose the existence of the foreign account.
So what is a person to do? Taxpayers can do nothing and hope they don't lose the "audit lottery" (there are no winners with the IRS). Or taxpayers can come into compliance, report the account and pay the government ¼ of the highest dollar amount that was in the account. That's right, if you had an account with $200,000 in it, get out the checkbook and write a check to the IRS for $50,000.
Taxpayers wanting to take advantage of the current amnesty program (called the Offshore Voluntary Disclosure Initiative) must move quickly, however. Unlike the 2009 program, which simply said you had to apply be the deadline, the current amnesty requires that all missing forms ("FBAR's"), amended returns and payment must be made by the deadline. There is a great deal of paperwork involved with the new program, waiting until the last minute is a recipe for disaster.
Those that don't comply face prison and loss of 50% of their highest account value.
So what is the risk of getting caught? We think it is quite high.
Transparency within the international banking community is at an all time high. And the developed countries are exchanging information. That means if Germany obtains information about accounts in a Bermuda bank it will likely share that information with other countries.
The U.S. has been issuing "John Doe" subpoenas to foreign banks fishing for the names of American account holders. Countries like Germany have been bribing foreign bank officials to simply steal the information and turn it over.
Still not convinced? The IRS paid its first award under the new whistle blower program - $4.5 million to an accountant who reported his employer! If anyone, anywhere knows you have a foreign account; they may report you and keep a large percentage of what you pay.
The world suddenly got much smaller.
In 2009, 15,000 Americans came forward and admitted having foreign bank accounts. Unfortunately, Uncle Sam estimates there are some 500,000 more people hiding money offshore. Opening a bank account in another country isn't illegal. There are a whole host of reasons why people may wish to send money offshore. It only becomes illegal when you send money to a foreign country in the hopes of cheating Uncle Sam.
U.S. law makes it a felony if you fail to declare the income from foreign investments on your U.S. tax return and makes it illegal to not disclose the existence of the foreign account.
So what is a person to do? Taxpayers can do nothing and hope they don't lose the "audit lottery" (there are no winners with the IRS). Or taxpayers can come into compliance, report the account and pay the government ¼ of the highest dollar amount that was in the account. That's right, if you had an account with $200,000 in it, get out the checkbook and write a check to the IRS for $50,000.
Taxpayers wanting to take advantage of the current amnesty program (called the Offshore Voluntary Disclosure Initiative) must move quickly, however. Unlike the 2009 program, which simply said you had to apply be the deadline, the current amnesty requires that all missing forms ("FBAR's"), amended returns and payment must be made by the deadline. There is a great deal of paperwork involved with the new program, waiting until the last minute is a recipe for disaster.
Those that don't comply face prison and loss of 50% of their highest account value.
So what is the risk of getting caught? We think it is quite high.
Transparency within the international banking community is at an all time high. And the developed countries are exchanging information. That means if Germany obtains information about accounts in a Bermuda bank it will likely share that information with other countries.
The U.S. has been issuing "John Doe" subpoenas to foreign banks fishing for the names of American account holders. Countries like Germany have been bribing foreign bank officials to simply steal the information and turn it over.
Still not convinced? The IRS paid its first award under the new whistle blower program - $4.5 million to an accountant who reported his employer! If anyone, anywhere knows you have a foreign account; they may report you and keep a large percentage of what you pay.
The world suddenly got much smaller.
Lance Wallach comment: I do not believe all of the above, but if you have money overseas you should file for amnesty and then probably opt-out. That is a special way to get to IRS appeals where you can make a deal. You probably should get help from an ex IRS agent who is a CPA and has done lots of these.
Lance Wallach, CLU, ChFC, CIMC, speaks and writes extensively about financial planning, retirement plans, and tax reduction strategies. He is an American Institute of CPA’s course developer and instructor and has authored numerous best selling books about abusive tax shelters, IRS crackdowns and attacks and other tax matters. He speaks at more than 20 national conventions annually and writes for more than 50 national publications. For more information and additional articles on these subjects, visit www.vebaplan.com, www.taxlibrary.us, lawyer4audits.com or call 516-938-5007
The information provided herein is not intended as legal, accounting, financial or any type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice.
Tuesday, November 27, 2012
Tuesday, August 14, 2012
FBAR_ Problems_Amnesty
If you have unreported foreign accounts of more than $10,000 and unreported income, you better come clean with the IRS or you could be in a heap of tax trouble — the type that can cost you hundreds of thousands of dollars and even land you in jail.
The willful failure to file the FBAR report or maintain records of your
foreign accounts can potentially lead to a ten-year prison sentence
foreign accounts can potentially lead to a ten-year prison sentence
and
fines of up to $500,000. This criminal penalty applies to all US citizens
pursuant to 31U.S.C Section S322B and 31 C.F.R. Section 103.S.9.C It may
also apply to persons living in the United States who are not citizens.
If you fail to answer the question truthfully on schedule B of your Form
1040 which asks if you “have an interest in or a signature or other
authority over a financial account in a foreign country”, then your false
statement might be deemed a criminal offense by the IRS per the sections
mentioned above if other surrounding facts and circumstances apply.
fines of up to $500,000. This criminal penalty applies to all US citizens
pursuant to 31U.S.C Section S322B and 31 C.F.R. Section 103.S.9.C It may
also apply to persons living in the United States who are not citizens.
If you fail to answer the question truthfully on schedule B of your Form
1040 which asks if you “have an interest in or a signature or other
authority over a financial account in a foreign country”, then your false
statement might be deemed a criminal offense by the IRS per the sections
mentioned above if other surrounding facts and circumstances apply.
If you filed your amnesty request you have now admitted to committing a tax crime. Now the hard part comes. Should you opt out to get a better result?
If you filed your amnesty forms you have now admitted to a criminal offense. What is the best strategy to utilize to deal with the IRS to minimize the chance for a criminal prosecution? What is the best strategy to deal with the IRS NOW to minimize your fines? YOU need answers now.
Our office is headed by a former international tax IRS agent
with 37 years experience as a CPA and Associate Professor of accounting.
Call our office immediately for a free five-minute consultation so you can
avoid the dire circumstances described above and deal with the other
associated problems.
Has the IRS contacted you to charge you with a crime yet? If not you may have time to do something.
________Lancewallach.com__lawyer4audits.com__taxadvisorexpert.com_________________________
________Lancewallach.com__lawyer4audits.com__taxadvisorexpert.com_________________________
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