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IRS offshore FBAR voluntary disclosure program: What's the best option?

Written by Josh W

Topic: Financial LiteracyPublished April 22, 2012
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There once was a time when US taxpayers could guard foreign accounts with impunity. However, that has changed due to numerous new information sharing agreements the Internal revenue service has made with other countries. In fact, the IRS knows of numerous offshore accounts but do not have the manpower to prosecute everyone for tax evasion. Due to this, the Internal revenue service has made the IRS offshore FBAR voluntary disclosure program. The present IRS offshore FBAR voluntary disclosure program is the third version, and with each new edition, the penalties rise. The current IRS offshore FBAR voluntary disclosure program has no end date. However, at any time these terms might change. .

This is the way the IRS offshore FBAR voluntary disclosure program works:
First, you can seek a tax lawyer to check out your case and guarantee that a disclosure into the IRS offshore FBAR voluntary disclosure program is the best move. The tax atto
ey then mails a letter in and works to amend 8 years of returns to include unreported income and missing FBARs. If they are able to, the taxpayer then has to pay taxes and any interest that is due. The taxpayer now has two options. They could accept the 27.5% penalty on the highest account worth during the last 8 years by agreeing to the standard penalty structure. This is the optimum decision when the taxpayer purposely evaded taxes.
The supplementary choice for the taxpayer is to decide to argue for lower tax penalties rather than agreeing to the standard penalty structure. Typically, this equals a 5% penalty on the higher account value. If the account is worth less than $75,000, only a 12.5% penalty will be charged.
In either case, opt-out or not, the taxpayer's atto
ey will also undergo a mini audit to confirm that the taxpayer's claimed income is the same as the bank account information. An administrative appeal is always an option if the taxpayer does not want to go with the penalty amount and opts-out. Then, if the taxpayer is unhappy with those outcomes, they can bring the case to US tax court. Hypothetically, the US Supreme Court could wind up as the final judge of the penalty amount, however that scenario is very doubtful.

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Something essential to remember is that once the first disclosure is sent and the taxpayer is admitted by the Internal revenue service into the program, the case becomes civil and they no longer are in danger of criminal charges. If you are considering this program though, you need to act fast. If you are under audit or investigation, than you are not eligible to enter into the program. It is highly recommended that you act immediately and get more information about the IRS offshore FBAR voluntary disclosure program from tax lawyers who work specifically in offshore account disclosures.