U.S. Citizen Abroad and Never Filed a Tax Return: Are you a U.S. Citizen Abroad and Never Filed a Tax Return? If you are a U.S Citizen (or former citizen or permanent resident who did not properly expatriate), the IRS has developed several safe and effective compliance options available to you. Whether you are an Accidental American or an Expat, unless you properly expatriated, you are still subject to U.S. tax and Offshore Reporting Rules.
And, with the IRS taking an aggressive position on issues, involving foreign accounts compliance & unreported foreign income – compliance is important.
The U.S. Government has developed several offshore tax amnesty programs to assist U.S. taxpayers, which we will describe below.
*We understand you may be in a vulnerable state, so please beware of less experienced copycat law and tax firms trying to mislead you.
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U.S. Citizen Abroad and Never Filed a Tax Return
If you are a U.S. Citizen Abroad and Never Filed a Tax Return – we are here to help.
It is not uncommon for Expats and Accidental Americans to be unaware they had an (ongoing) requirement to file U.S. taxes and report offshore assets, investments and accounts — even when they reside overseas. For some U.S. Citizens, they may have started filing tax returns, but believed they no longer were required to, and/or thought they were possibly below the threshold for doing so — since they qualified for FEIE (Foreign Earned Income Exclusion) and/or FTC (Foreign Tax Credit).
Examples of Non-Filing of Tax Returns
Citizens and former Citizens living abroad and not filing tax returns is not an uncommon situation, so please do not feel alone. Our firn is contacted many times each year with clients in the same boat as you.
A. David the Accidental American
David is an Accidental American.
He relocated with his family to Taiwan when he was 4 years old. Now, at 43, David is being transferred for his job and applies for an L-1 Visa.
For the first time in his life, David learns that since his Mom was a U.S. citizen at the time he was born, he is a U.S. citizen.
B. Michelle the Expat
Michelle relocated to Australia 20 years ago.
Back then, she was not making much money and taxes were not a concern.
Now 15-years later, Michelle is a very successful entrepreneur, with rental properties, savings and investment accounts, and a healthy Superannuation.
C. Peter Involuntary Abandonment of the Green Card
Peter is from Hong Kong.
He resided in the U.S. for 6-years, but never formally abandoned his green card. Rather, he just let it expire. Since Peter did not voluntarily abandon his green card, he can still be considered a U.S. person for tax purposes.
D. Dana Never Filed Form 8854
Dana is from Portugal.
She held her Green Card for 10-years, and then formally abandoned it by filing Form I-407. The problem is, Dana did not file a Form 8854.
While she does not meet the net worth or the net income tax test to become a covered expatriate, she never filed form 8854 and never certified she has been tax compliant for the last 5-years. Therefore, she is still considered a U.S. person for Tax Purposes.
Golding & Golding: About Our International Tax Law Firm
Golding & Golding specializes exclusively in international tax, and specifically IRS offshore disclosure.
We are the “go-to” firm for other Attorneys, CPAs, Enrolled Agents, Accountants, and Financial Professionals across the globe. Our attorneys have worked with thousands of clients on offshore disclosure matters, including FATCA & FBAR.
Each case is led by a Board-Certified Tax Law Specialist with 20 years of experience, and the entire matter (tax and legal) is handled by our team, in-house.
*Please beware of copycat tax and law firms misleading the public about their credentials and experience.
Less than 1% of Tax Attorneys Nationwide Are Certified Specialists
Sean M. Golding is one of less than 350 Attorneys (out of more than 200,000 practicing California Attorneys) to earn the Certified Tax Law Specialist credential. The credential is awarded to less than 1% of Attorneys.
Recent Golding & Golding Case Highlights
- We represented a client in an 8-figure disclosure that spanned 7 countries.
- We represented a high-net-worth client to facilitate a complex expatriation with offshore disclosure.
- We represented an overseas family with bringing multiple businesses & personal investments into U.S. tax and offshore compliance.
- We took over a case from a small firm that unsuccessfully submitted multiple clients to IRS Offshore Disclosure.
- We successfully completed several recent disclosures for clients with assets ranging from $50,000 – $7,000,000+.
How to Hire Experienced Offshore Counsel
Generally, experienced attorneys in this field will have the following credentials/experience:
- 20-years experience as a practicing attorney
- Extensive litigation, high-stakes audit and trial experience
- Board Certified Tax Law Specialist credential
- Master’s of Tax Law (LL.M.)
- Dually Licensed as an EA (Enrolled Agent) or CPA
Interested in Learning More about Golding & Golding?
No matter where in the world you reside, our international tax team can get you IRS offshore compliant.
Golding & Golding specializes in FBAR and FATCA. Contact our firm today for assistance with getting compliant.