Streamlined Filing Compliance Procedures with Examples When a Taxpayer is a U.S. person for tax purposes and has not previously reported their foreign income on their U.S. tax returns and failed to file accurate international information reporting forms, they may be subject to extensive IRS fines […]
Streamlined Domestic Offshore Procedures (Examples) When a Taxpayer is a U.S. person for tax purposes and has not previously reported their foreign income on their U.S. tax returns and failed to file accurate international information reporting forms, they may be subject to extensive IRS fines and […]
Streamlined Foreign Offshore Procedures with Examples When a Taxpayer is a U.S. person for tax purposes and has not previously reported their foreign income on their U.S. tax returns and failed to file accurate international information reporting forms, they may be subject to extensive IRS fines […]
IRS Form 3520 Beginner’s Guide: Foreign Gifts, Trusts & Inheritances In recent years, the IRS has significantly increased enforcement of Form 3520 and Form 3520-A compliance for reporting foreign gifts, trusts, and inheritances. U.S. Taxpayers who meet the threshold requirements for filing this international information reporting […]
IRS Form 8621 with Examples: Foreign Mutual Funds and ETFs For many U.S. Taxpayers who have foreign accounts, assets, and investments the two most common international information reporting forms that they will have to file each year with the IRS are the FBAR and Form 8938. […]
FBAR Beginner’s Guide with Common Filing Examples While there are several international information reporting forms that U.S. Taxpayers must file each year to report their foreign accounts, assets, investments, etc. to the U.S. government, the most common foreign reporting form is the ‘FBAR’ (Foreign Bank and […]
IRS Form 8938 with Examples: Specified Foreign Assets While there are many different types of international information reporting forms that a U.S. Taxpayer may have to file each year, IRS Form 8938 is one of the most common. Form 8938 was developed in accordance with FATCA […]
  Form 8854 and Expatriation One of the most common questions our international tax lawyers receive each year when U.S. Taxpayers get ready to renounce their U.S. citizenship or terminate their Lawful Permanent Resident status is whether or not they will have to pay an exit […]
IRS Form 8858 with Examples  IRS Form 8865 is a very important international information reporting form. It is required to be filed by U.S. persons who have an ownership interest in a foreign partnership. In many foreign countries, it is common to form a partnership instead […]
How to Navigate IRS Foreign Reporting Noncompliance Penalties In recent years, the Internal Revenue Service has significantly increased enforcement of foreign reporting non-compliance penalties. For example, if a U.S. Taxpayer fails to report foreign accounts, assets, investments, trusts, or entities to the IRS they may become […]
  Overview of New Immigrant U.S. Tax Rules  When foreigners first move to the United States or otherwise become U.S. persons for tax purposes, learning how to file their U.S. tax returns is not usually their main concern – especially since filing taxes in most foreign […]
No Collection Due Process Hearing for FBAR Violations Unlike most types of international information reporting forms such as Form 3520, Form 8938, and Form 5471, the FBAR is not an IRS form. It is a FinCEN (Financial Crimes Enforcement Network) form that is covered under U.S.C. […]
IRS To Reverse Course on Form 3520 Penalty Enforcement Finally, after many years of Tax Practitioner challenges to the IRS enforcement protocols for international information reporting penalties – with a focus on Forms 3520/3520-A — the Internal Revenue Service has taken notice. The NTA blog (National […]
A Beginner’s Guide to Resident Alien Taxation by Visa Type When a U.S. Taxpayer is either a U.S. Citizen or a Lawful Permanent Resident, they are required to report their worldwide income on their U.S. tax return. This differs from most countries that only tax individuals […]
Do I Owe an Exit Tax when I Leave the U.S. One of the most common questions our international tax lawyers receive each year when U.S. Taxpayers get ready to renounce their U.S. citizenship or terminate their Lawful Permanent Resident status is whether or not they […]
Is Unreported Foreign Income or Assets Criminal? International tax law can be difficult — especially when it involves international information reporting of foreign assets and the U.S. tax implications of disclosing foreign income. Due to the complexities of the IRS tax forms, it is not uncommon […]
Taxpayer Prevails on FBAR Filing Treaty Election When a Taxpayer is considered a U.S. person, they are required to report their worldwide income on their US tax return. They are also required to report their global assets on various international information reporting forms, such as the […]
Disclosure of Foreign Assets by U.S. Taxpayers Each year, U.S. Taxpayers across the globe who have ownership of foreign assets, investments, accounts, trusts, entities, etc. (‘Foreign Assets’) are required to disclose their information to the IRS on various international information reporting forms. The different tax forms […]
Did the 11th Cir. Rule Willful FBAR Fines are Unconstitutional? Recently, there has been some misinformation spreading online making it seem that in the case of Schwarzbaum, the court ruled that willful FBAR penalties are unconstitutional — but that is not the case. In that particular […]
Ending Your U.S. Status Has Tax Complications Each year, our international tax attorneys are contacted by U.S. Taxpayers across the globe who find themselves in the same tax predicament when it comes to expatriation. Oftentimes, the situation is the same: the Taxpayer retained a firm that […]
FBAR Filing Countdown 2024 For the past several years, the FBAR has been on automatic extension. This means that U.S. Taxpayers worldwide have until October 15th to file the FBAR, even if they did not request an extension for their tax return. For most Taxpayers, the […]
Beware of the ‘Free’ 15-minute FBAR Consultation In the world of international tax, many tax law firms have resorted to scaring taxpayers into entering offshore disclosure programs that either do not fit their situation or of which the firm is not qualified to represent the taxpayer. […]
Can I Talk to a CPA About My Undisclosed Offshore Assets? When U.S. Taxpayers across the globe learn that they are out of compliance with the IRS and FinCEN for failing to report their foreign accounts, assets, investments, trusts, or entities, oftentimes their immediate knee-jerk reaction […]
Why Death Does Not Cancel FBAR Penalty Liabilities Unfortunately, when a U.S. Taxpayer passes away, it does not automatically cancel or prevent already accrued foreign account reporting violations from becoming assessed penalties. In other words, if a decedent had accrued fines and penalties (while they were […]
IRS Targets Foreign Accounts, Assets, Trusts, and Gifts Over the past several years, the Internal Revenue Service has significantly increased enforcement of international-related tax and reporting compliance matters. There are many different international information reporting forms that a U.S. Taxpayer may have to file when they […]
Film Producer Indicted for Offshore Tax Violations Recently, an international film producer was indicted for a decades-long conspiracy involving unreported income, undisclosed foreign accounts, and a fraudulently filed streamlined domestic offshore procedure submission. As our international tax layers have written about many times, taxpayers must be […]
Ninth Circuit Affirms Reckless as FBAR Willfulness in Hughes The case of the United States vs. Hughes (Ninth Circuit) is an important FBAR case we have written about previously. In August of 2024, the United States Court of Appeals affirmed the District Court of California Northern […]
  FBAR Filing 2024/2025 Each year, Taxpayers considered U.S. persons for tax purposes must report their foreign accounts, assets, and investments on various international information reporting forms to the IRS and FinCEN. While there are many different types of IRS foreign tax forms that a Taxpayer may have to […]
Form 3520 and Penalties A U.S. taxpayer may have to file many different international information reporting forms each year to disclose their foreign accounts, assets, investments, businesses, gifts, and trusts to the IRS. One of the most common types of international information reporting forms that Taxpayers […]
The Pitfalls of Undeclared Foreign Financial Accounts In recent years, the Internal Revenue Service has significantly increased the enforcement of foreign accounts compliance for U.S. Taxpayers with undisclosed foreign accounts, assets, investments, and income. Typically, when Taxpayers have unreported foreign money, they have several opportunities to […]
FBAR Examinations and Audits of Foreign Accounts The FBAR is a FinCEN form that is used to report foreign bank and financial accounts (aka FinCEN Form 114) to the U.S. Government. In recent years, the Internal Revenue Service has made offshore tax compliance a key enforcement […]
FBAR & FATCA  When it comes to U.S. Taxpayers having to report their foreign accounts, assets, and investments to the U.S. Government, two of the most common international information reporting forms that a Taxpayer may have to file are the FBAR (FinCEN Form 114) and Form […]
Why You Shouldn’t Rush the Preparation of Late FBAR & Taxes Oftentimes, when a U.S. Taxpayer first learns that they are out of compliance for failing to timely report foreign accounts, assets, and investments on the necessary IRS international information reporting forms, it causes them a […]
> A Primer on Tax Fraud Violations Most IRS tax violations are civil and not criminal. And, while a civil tax violation may result in additional taxes, fines, penalties, and interest — it does not result in incarceration (although violating civil orders can result in jail […]
Court Rejects Government’s Schedule B FBAR Summary Judgment U.S. Taxpayers who have ownership or signature authority over foreign accounts are required to file a form Schedule B each year to report their ownership or signature authority as part of their IRS Form 1040. This is the […]
What is an Offshore Tax Law Specialist? Ever since the Internal Revenue Service increased its enforcement of offshore disclosure and compliance matters, many less-experienced attorneys have jumped in the mix, making false representations about their experience — and leading taxpayers astray. And, when these attorneys take […]
How False Statements Increase Criminal Tax Audit Risks Oftentimes, when U.S. taxpayers are audited by the IRS, it is for civil-related matters. For example, a taxpayer may be under examination for certain deductions that they claimed on their tax return, or possibly the Internal Revenue Service […]
What are IRS Foreign High-Risk Tax Audits When it comes to dealing with Internal Revenue Service tax audits or examinations, most of the time they are nowhere near as bad as other tax attorneys want to make it seem. Other than taxpayers who find themselves in […]
Playing ‘Catch Me If You Can’ with the IRS Whether a taxpayer files incorrect tax returns by mistake or intentionally, one of the most common questions we receive is – How long does the IRS have to go after me for an incorrectly filed return? While […]
What Does Being Board-Certified in Tax Law Mean? While both CPAs and attorneys may handle tax matters, a Certified Public Accountant (CPA) or Enrolled Agent (EA) is not the same as a tax attorney. The roles of non-legal tax professionals (CPA and EA) are different than the […]
Supreme Court Rules in Favor of the Transition Tax Recently, the Supreme Court ruled in favor of the U.S. government on the legality of the Internal Revenue Code, Section 965 Repatriation Tax (aka Mandatory Repatriation Tax, MRT). Otherwise known as the Transition Tax, Section 965 was […]
Taxpayers Advocate Service (TAS) Foreign Penalty Update For many years, our international tax law team has written numerous articles on the absolute absurdity of how the Internal Revenue Service penalizes taxpayers for the failure to report certain international information reporting forms, such as Form 3520 and […]
A Guide to Legally Moving Money Offshore Especially for taxpayers who may be new to the United States tax system, it can come as a shock and a surprise to learn that not only does the United States tax individuals on their worldwide income, but they […]
FBAR Reporting of Foreign Accounts One of the most common questions we receive as international tax lawyers specializing in offshore disclosure and compliance is about the infamous FBAR reporting requirements. The FBAR refers to foreign bank and financial account reporting. From a technical standpoint, the FBAR […]
The Top 7 Criminal Tax Questions About Foreign Reporting Answered Oftentimes, when U.S. taxpayers make a mistake involving international tax and reporting, their knee-jerk reaction is to assume that they may have done something criminal and that the IRS Special Agents will be banging down their […]
PFIC Tax Implications Over the past several years, there has been a significant increase in the number of U.S. Taxpayers who have elected to invest in pooled funds such as U.S. mutual funds, ETFs, and other passive investments (instead of individual stocks and bonds) — and […]
Was Your IRS Offshore Disclosure Denied? (2024 Update) When it comes to the Internal Revenue Service and offshore disclosure, many U.S. taxpayers can qualify to safely get into international tax and reporting compliance for previously undisclosed foreign accounts, assets, investments, and income – and regain their […]
  Common Streamlined Filing Compliance Mistakes to Avoid The IRS Streamlined Offshore Procedures (stand-alone procedures) is in its eleventh year and has been one of the most successful IRS Programs used to bring non-willful taxpayers safely into compliance for undisclosed foreign accounts, assets, investments, and income. […]
Court Rejects FBAR Motion to Dismiss Non-Willful Defense In a recent large Foreign Bank and Financial Account reporting FBAR case, the defendant had already been convicted in a criminal matter and sentenced to more than seven years in prison. Subsequently, the government filed (and is currently […]
An IRS Expatriate Audit Case Study Expatriation is the process in which a U.S. Citizen (USC) or a Long-Term Lawful Permanent Resident (LTR) formally renounces their U.S. citizenship or terminates their Lawful Permanent Resident status. For some taxpayers, the expatriation process is relatively painless. Even though […]
Bad Tax Preparer Advice Gets Clients in Trouble While most tax preparers and CPAs are ethical, sometimes a tax preparer may push a client into a tax position that only benefits the preparer. In this type of situation, the CPA goads a U.S. taxpayer client into […]
The IRS Warns About Offshore Bank and International Schemes In recent months, the Internal Revenue Service has issued various warnings to U.S. Taxpayers worldwide involved in potentially abusive and unscrupulous tax schemes. Some of the current focuses of the IRS include: Sham Trust Arrangements,   Improper […]
The IRS Scrutinizes Abusive Trusts  In recent years, the Internal Revenue Service has significantly increased enforcement of trust compliance for taxpayers residing in the United States and abroad, who are owners or beneficiaries of domestic and foreign trusts. Oftentimes, trust owners and trust beneficiaries misconstrue their […]
What You Must Know About Penalties for Form 3520-A When it comes to IRS international information reporting, one of the most complicated forms that some U.S. taxpayers may have to file on an annual basis is Internal Revenue Service Form 3520-A. Specifically, Form 3520-A is required […]
A Permanent Bar for Promoters of a Charitable Remainder Annuity Trust Scheme Over the past few months, there have been several investigations and criminal indictments issued against tax promoters who the Internal Revenue Service and Department of Justice believe are selling taxpayers fraudulent promotions to taxpayers, […]
Malta Pension Plans are Being Targeted for IRS Non-Compliance Back in 2021, the United States and Malta issued a CAA (Competent Authority Arrangement) acknowledging that U.S. Taxpayers’ attempts to utilize certain Malta personal pension and retirement schemes as Roth IRA alternatives were not kosher. In other […]
The IRS Cracks Down on Promoters of Abusive Sham Trusts In recent years, the Internal Revenue Service has been aggressively cracking down on abusive trusts and other tax shelter arrangements. Recently, an indictment (and then a superseding indictment) came down in a complex tax shelter trust […]
When FBAR Penalties Go Awry In this case, it is important to note that the Foreign Bank Account Reporting penalties did not stem from a criminal FBAR matter. Rather, it was a civil FBAR case that seemingly went off the rails — due to a court […]
Taxpayers with Overseas Accounts For many U.S. taxpayers who have overseas investments such as: Stock accounts Mutual fund accounts Business Entities Trusts Life insurance policies, and/or Checking and Savings accounts they may have certain international information reporting requirements each year to disclose this information to the […]
Overview of Form 8938 Reporting While there are many different types of international information reporting forms that a U.S. Taxpayer may have to file each year, IRS Form 8938 is one of the most common. Form 8938 was developed in accordance with FATCA (Foreign Account Tax […]
Form 3520 While there are many different international information reporting forms that a U.S. taxpayer must be aware of when it comes to tax filing season, IRS Form 3520 might be one of the most important foreign IRS tax forms to file timely. Form 3520 is […]
How Much Did the IRS Really Ease Foreign Trust Reporting In early May of 2024, the Treasury Department and Internal Revenue Service issued proposed regulations for foreign trusts and large foreign gifts. While there are some bright spots in the proposed regulations, in general, U.S. taxpayers […]
  IRS Foreign Account Penalty Relief For U.S. taxpayers who did not previously report all of their foreign accounts, assets, investments, and income on their tax returns and other international information reporting forms, the Internal Revenue Service offers many different offshore disclosure programs and procedures they […]
Avoiding IRS Abusive Schemes, Transactions and Arrangements While the Internal Revenue Service has a reputation for perpetually being the bad guy and going after U.S. taxpayers for every mistake they make on their taxes, there is another aspect of the IRS — which is to protect […]
  Understanding Foreign Gift Anti-Avoidance Rules One of the biggest concerns that the IRS has when it comes to the reporting of foreign gifts and trusts, is making sure that taxpayers report the information accurately. An issue that has arisen over the years is that taxpayers […]
  The New Proposed Foreign Trust Regulations  The reporting of foreign trusts and large gifts and inheritances is a very complex aspect of international tax law. That is in part because many aspects of foreign trust laws have not been properly updated to coincide with COLA […]
For U.S. Resident Owners/Beneficiaries of Foreign Trusts  It is very common for U.S. taxpayers to form trusts — both domestic and foreign. And, trusts can be used for many different purposes. Some of the more common reasons to create a trust are: a basic Revocable Trust […]
D.C. App. Reverses Farhy, Rules Foreign Information Penalties Valid Unfortunately, U.S. taxpayers across the globe who are required to report their foreign assets to the IRS on various international information reporting forms were dealt a heavy blow by the DC Court of Appeals, when the Appellate […]
Form 3520-A Filing Requirements & Reporting Rules While the U.S. tax and reporting of foreign accounts, assets, and investments in general can be very complicated, the rules involving the filing and reporting of foreign trusts can be overwhelmingly complex for many tax filers. Foreign trusts are […]
Defenses to Late-Filed IRS Form 3520 Penalties While there are many different international information reporting forms that a U.S. person taxpayer may have to file each year to disclose their unreported foreign accounts, assets, investments, and income —  Form 3520 is one of the most dangerous. […]
Reporting Foreign Pension Income to the IRS It is very common for U.S. taxpayers who are considered U.S. persons for tax purposes to have worked or been employed in a foreign country and accumulated foreign retirement/pension over their lifetime — or possibly invested in a personal […]
Are In-Person Interviews Required for Failure to File International Reporting Forms For many U.S. taxpayers who are out of compliance for failing to report foreign accounts, assets, investments, and/or income, at some point, they realize that they want to get back into compliance and into the good graces […]
A Surprising FBAR Victory May Be Cut Short The FBAR Refers to Foreign Bank and Financial Account Reporting (aka FinCEN Form 114). And, for several years now, the FBAR has been in the news with countless articles being written on issues involving the difference between willfulness […]
Fraudulent Tax Deduction Promoters Get Hefty Prison Sentences In recent years, the Internal Revenue Service and the Department of Justice have been actively pursuing financial crime cases. This is to both protect the public, reduce the tax gap, and send a stern message to would-be tax […]
Moore vs. United States (Sup Ct.) Recently, in the case of Bittner, the Supreme Court decided against the Internal Revenue Service on the issue of whether they can issue foreign bank and financial account (aka FBAR) penalties based on the number of accounts a taxpayer failed […]
Taxpayer Prevails in Federal Court with FBAR Treaty Argument Previously, our international tax attorneys authored an article involving a taxpayer who was claiming he did not have to file the annual FBAR (Foreign Bank and Financial Account Reporting) because he lived overseas and made a treaty […]
Reasonable Cause International Penalty Relief When a Taxpayer has failed to report their foreign accounts, assets, investments, and income to the IRS in previous years, they may become subject to IRS fines and penalties for their non-compliance. Oftentimes, the penalties for international information reporting non-compliance can […]
  The Penalty Relief Programs for Late International Return Filing *A new update to our prior article about penalty relief procedures.  For the past several years, the Internal Revenue Service has significantly increased enforcement of international tax reporting and compliance. There are many different international information […]
  A New Expat Tax Planning Guide for U.S. Taxes For expats who are considered to be U.S. persons for tax purposes, such as United States Citizens, Lawful Permanent Residents, and foreign nationals who meet the substantial presence test, they may have an annual tax and […]
2025 FBAR Update  While there are several international information reporting forms that U.S. Taxpayers must file each year to report their foreign accounts, assets, investments, etc. to the U.S. government, the most common foreign reporting form is the ‘FBAR’ (Foreign Bank and Financial Account Reporting). Technically, […]
Defending Against FBAR Penalties This article has recently been updated from our original February 2021 publication date. Over the past several years, foreign bank and financial account reporting penalties have become an enforcement mainstay for both the Internal Revenue Service and the Department of Justice. Recently, […]
I Reside Overseas and Owe U.S. Taxes  U.S. tax law can be very onerous and complicated. As a result, when a U.S. Taxpayer is an expat who resides overseas, they may stop filing U.S. tax returns — either because they do not believe they are still […]
Taxpayer with FBAR Penalties Forced to Repatriate Money The FBAR refers to Foreign Bank and Financial Account Reporting. In recent years, the Internal Revenue Service has gone after taxpayers worldwide who have failed to timely report the FBAR. In prior years, the IRS would issue penalties […]
Are You at Risk of Committing Tax Fraud While there are many different types of tax rules, laws, and statutes a person can violate, tax fraud is one of the most common types of violations. That is because tax fraud can involve many different types of […]
Considerations Before Expatriating from the United States Expatriation is the process of formally renouncing U.S. citizenship or relinquishing Lawful Permanent Resident status when the U.S. Person is deemed a Long-Term Lawful Permanent Resident (LTR). Once a person formally expatriates, it is very difficult if not impossible […]
Can Expats Amend Prior Tax Returns or File Late Taxes Safely? Most countries (aside from the United States) only require taxpayers who are residents of their country to file annual tax returns to report their worldwide income. This is referred to as Residency-Based Taxation. Unfortunately, the […]
A Criminal FBAR Sentence for Tax Amnesty Fraud Explained The majority of the time, when a U.S. person fails to file their annual FBAR (aka FinCEN Form 114) — in order to report foreign bank and financial accounts — it is a civil violation and not […]
International Information Returns For most U.S. Taxpayers, their tax return filings are relatively straightforward and usually just include the filing of Form 1040 along with a few schedules. But, when a taxpayer has foreign assets, accounts, investments, or income then their tax return becomes much more […]
IRS Compliance Targets High-Income Taxpayers and FBAR Each year, the Internal Revenue Service publishes information about new and revived enforcement compliance initiatives. Over the past several years, the Internal Revenue Service has developed many different compliance campaigns for a number of different issues — with an […]
Unrealized Income from a Foreign Corporation and U.S. Taxes Currently, there is a very important international tax case before the Supreme Court, Moore v. U.S., which (rightfully so) challenges the U.S. government’s ability to implement the ‘mandatory’ repatriation tax act. The Repatriation Tax Act requires U.S. […]
Did You Receive a Foreign Form Penalty Notice from the IRS? *A 2023 update to our prior article. In recent years, the Internal Revenue Service has significantly increased enforcement for non-compliance with foreign accounts, assets, and investment reporting. Each year, US taxpayers are required to report […]
Avoiding Double Taxation When Living Abroad Taxpayers who live abroad but are still considered US persons — and are therefore subject to U.S. tax on their worldwide income — are understandably concerned that they will be double taxed on the same income. For example, if a […]
Validity of Section 965 Repatriation Taxes Goes to Supreme Court Recently, in the case of Bittner, the Supreme Court decided against the Internal Revenue Service on the issue of whether they can issue foreign bank and financial account (aka FBAR) penalties based on the number of […]
Reporting Foreign Real Estate to the IRS It is very common for U.S. Persons who are foreign citizens or otherwise have foreign investments to have foreign real estate as part of their investment portfolio. Unfortunately, many foreign countries have different, and more complex rules and regulations […]
International Tax Filing Mistakes With the globalization of the U.S. economy, it is very common for U.S. person individuals such as citizens and residents to have international components to their U.S. tax returns. This may include: reporting income from overseas, claiming foreign tax credits for taxes […]
Are Overseas Money Transfers to the U.S. Taxable? Michelle is a U.S. person who lives in the United States. She has rental income and bank interest income generated from a foreign country. Each month, she receives rental income from her tenant, which is then transferred into […]
Foreign Inheritance Tax  When a U.S. Person receives an inheritance from a Foreign Person, it is referred to as a Foreign Inheritance — and this ignites the foreign reporting requirements under the Internal Revenue Code, specifically 26 USC 6039F. The concept of Foreign Inheritance Tax has […]
Foreign Inheritance Taxation and Reporting to IRS When a U.S. person receives an inheritance from a non-resident alien (aka non-U.S. Person), the U.S. tax rules are different than when a person receives an inheritance from a U.S. person. That is because when the decedent/estate is a […]
Foreign Assessable Penalties When it comes to international information reporting penalties, the Internal Revenue Service does not play fairly. That is because international information reporting penalties such as Form 3520, Form 5471, and Form 5472 are not subject to typical deficiency procedures. Rather, when it comes […]
International Tax Evasion While there are many different types of international tax crimes, the crime of tax evasion is one of the most well-known types of criminal tax violations. This is because tax evasion crimes tend to end up in the news — and especially when […]
U.S. Taxation Rules for Residents or Citizens The United States tax system is very complicated, especially for Taxpayers who were not born in the United States or are new to the U.S. The United States’ taxation rules for individuals operate much differently than most other tax […]