HOW TO AVOID AN IRS EXPATRIATE TAX AUDIT

Though in the past very few expatriate tax returns were ever audited by the IRS, the level of audits now and in the future are going to increase significantly. Listed below are some tips you can use when you expatriate tax return is prepared which will reduce the chance it will be audited.

• If you have any unusual items of income or expense on your return attach a footnote explaining that item. An explanation may head off the audit.
• 
  If you file special foreign forms such as 5471, 8865, TDF 90-22.1, etc. make certain they are filled out correctly and in full. Failure to due so will cause the IRS to inquire further.
• Do not attach items to your return which are not required by the IRS such as earnings statements from foreign employers, investment statements, supporting bills, etc. Attaching these items may raise questions.
• Only fill in the portions of Form 2555 that are required for the Foreign Earned Income Exclusion type you claimed.
• Try extending your return to 10/15. Though the IRS does not admit it, many tax experts feel that returns that are extended and not filed until the last minute are not audited as often as those filed by the normal due date.
• Report all foreign bank accounts, financial accounts, foreign income, etc. The IRS will shortly be receiving reports from foreign banks and other financial decisions which they will match with your return and the TDF 90-22.1 (FBAR) forms that you file.
• File tax returns for all tax years even if you earning are below the minimum required for filing. This not only causes the 3 year statute of limitations to run out but avoids IRS inquiries in later years about unfiled US tax returns.
• The foreign tax credit Form 1116 is complex. If you are not certain it is completed correctly, best to get an expert to review it to make certain there are no issues.
• When audited it is best to retain at expatriate tax professional to deal with the IRS Agent. The IRS agent is a Tax Collector and is not your friend. You may make statements to the agent that can hurt you or expand the scope of the audit. A professional will prevent this from happening.

We can prepare your expatriate tax return for your or review your self prepared return to assure you it is prepared correctly. We have been preparing US expatriate and international tax returns for over 30 years. It is all we do and is our specialty. Please call or email for further assistance.

Don D. Nelson, C.P.A., Attorney

Kauffman Nelson LLP - CPAs

Dana Point, California 92629 USA

US Phone: 949-481-4094 US Fax 949-218-6483

Email: ddnelson@gmail.com ustax@hotmail.com

Websites: www.TaxMeLess.com www.expatattorneycpa.com

Latest International Tax Developments Blog: www.usexpatriate.blogspot.com

IRS Exempts 4 countries from Foreign Earned Income Exclusion Rules Time Requirements

The IRS has exempted expats living in Libya, Yeman, Egypt and Syria from certain time requirements under the Foreign Earned Income Exclusion Rules (Form 2555 the current $92,900 earned income exclusion).  They have done this since many US expats may have had to abandon their residency due to political turmoil in those countries during 2011.

To real full details and the time parameters which apply read the Journal of Accountancy Article HERE 

Visit our website at www.TaxMeLess.com for further assistance with your US expat tax return preparation or just to learn more about the various applicable rules and regulations.

2012 Proposed New Tax Laws from the President

You can read  the 200 pages of proposed new tax laws from the President some of which will not doubt be enacted in 2012  HERE.  Better act fast to beat some of these changes which may not be favorable to you.

IRS issues housing cost allowances for those working abroad in high-cost areas in 2012

Notice 2012-19, 2012-10 IRB   This new Notice provides adjustments to the limitation on housing expenses under the Code Sec. 911 housing cost exclusion for specific locations for 2012.


SEE TABLE WITH ALLOWABLE HOUSING DEDUCTION/ALLOWANCE FOR YOUR COUNTRY OF RESIDENCE.

Background. A qualified individual may elect to exclude from U.S. gross income his foreign earned income and housing cost amount. (Code Sec. 911(a)) Under Code Sec. 911(c)(1), the maximum excludable housing cost amount is calculated by way of a complex formula.

The excludable housing cost amount is the excess, if any, of (1) the individual's allowable housing expenses for the year (i.e., the housing expense limitation) over (2) a base amount. For 2012, a taxpayer's allowable housing expenses, assuming he is eligible for the entire year, generally can't exceed $28,530; subtracting the base amount of $15,216 yields a generally applicable maximum housing amount exclusion of $13,314.

IRS may issue regs or other guidance providing for the adjustment of the maximum allowable housing expense limitation on the basis of geographic differences in housing costs relative to housing costs in the U.S. (Code Sec. 911(c)(2)(B))

Increases for high-cost areas. Notice 2012-19, makes adjustments for housing costs during 2012 in high-cost foreign areas. Specifically, it contains a table that (1) identifies locations within countries with high housing costs relative to U.S. housing costs, and (2) provides an adjusted annual maximum and daily housing expense limitation for a qualified individual incurring housing expenses in one or more specified high-cost localities in 2012 to use (instead of the otherwise applicable annual housing expense limitation of $28,530, or the prorated daily amount) in determining his housing expenses. A qualified individual incurring housing expenses in one or more of the high-cost localities identified in the table for the year 2012 may use the adjusted limit provided in the table (in lieu of $28,530 or the prorated daily amount) in determining his housing cost amount on Form 2555, Foreign Earned Income.

Illustration: A U.S. taxpayer is posted to Hong Kong, China, for all of 2012. His maximum housing cost exclusion is $99,084 ($114,300 full year limit on housing expense in Hong Kong minus $15,216 base amount).

NOTE: For some locations, the limitation on housing expenses provided in Notice 2012-19, Sec. 3, may be higher than the limitation on housing expenses provided in Notice 2011-18 (for 2011). A qualified individual incurring housing expenses in such a location during 2011 may apply the adjusted limitation on housing expenses provided in Notice 2012-19, Sec. 3, in lieu of the amounts provided in Notice 2011-18 (and as set forth in the Instructions to Form 2555 (2011)).

IRS anticipates that future annual notices providing adjustments to housing expense limits will make a similar election available to qualified individuals that incur housing expenses in the immediately preceding year. For example, when adjusted housing expense limitations for 2013 are issued, it is expected that taxpayers will be permitted to apply those adjusted limitations to the 2012 tax year.

Download our 2011 Expatriate Tax Questionnaire Here (msword format) and email or fax it back to us for a fee quote subject to your approval.

IRS KNOWN TO BE INVESTIGATING BANK AND FINANCIAL ACCOUNTS IN THE FOLLOWING NAMED COUNTRIES

Though the IRS tries to keep their investigation into offshore financial accounts held by US taxpayers confidential, it is known that they are investigating bank accounts and other financial accounts owned by US taxpayers, Citizens and Permanent Residents in the following countries:

1. Switzerland
2. Liechtenstein
3. Israel
4. India
5. Singapore
6. Hong Kong

The risk of criminal and/or substantial civil penalties grows greater as the US Internal Revenue Service (IRS) and Department of Justice (DoJ) complete more bank-investigations and as foreign banks continue to co-operate with US government officials.

The Offshore Tax Evasion Crackdown Spreads to Other Countries

5 Nations Join US In Tax Evasion Crackdown Forbes The law has rankled many in the international community, reaching the long arm of theIRS into foreign countries. In effect, it orders foreign banks how to behave, forcingforeign institutions to do the IRS's dirty work. See Expats Call For FATCA .... If the IRS determines you have income and you have not filed one, they can file a Ghost Return making tax assessments you may not even be aware of until years later. That may be after they have already attached your bank account or levied other assets.  The only way to stop this from happening is to file a tax return before they file one for you. You can download our expat tax return questionnaire for 2011 here  (msword format) and send it to us for a fee quote subject to your approval.  Do not wait until it is too late.  Also, keep in mind, the statue of limitations which allows the IRS to assess taxes against you never runs out if you fail to file a tax return for any particular tax year.

Reporting Foreign Financial Assets

For your 2011 Tax  Year you may be required to File Form 8938 to Report your foreign financial assets with your tax return. You may also be required to File Form TDF 90-22.1 to report your foreign bank and financial accounts.  Sometimes you may be required to file both forms!

CHART SETTING FOR REQUIREMENTS FOR FILING ONE FORM OR IF YOU ARE REQUIRED TO FILE  BOTH FORMS FOR 2011

DOWNLOAD FORM 8938
DOWNLOAD INSTRUCTIONS TO FORM 8938
DOWNLOAD FORM TDF 90-22.1 AND INSTRUCTIONS

If you need help with these forms, filing them out, preparation of the forms, or review of the forms you self prepared contact us at ddnelson@taxmeless.com.  We have 30 plus  years experience preparing these  and other complex international tax forms. Download our 2011 expatriate tax questionnaire HERE and send it to us by email or fax for a fee quote.

Singapore is one of Best Places for Your Offshore Business Corporation

Singapore offers low taxes, stability and lots of other benefits if you are looking at where to locate your Offshore Corporation to conduct your business abroad.  This applies both to expatriates living abroad and to US business owners that want to conduct foreign business.

Read more about why Singapore is excellent off Offshore Business Corporations in this article in the PRWEB

There are many US tax concerns and filing requirements when you create a Singapore Company  and you are a US citizen that owns 10% or more of that foreign corporation. Read our website at www.TaxMeLess.com  to learn more about those IRS tax requirements.

India Signs International Tax Treaty to Exchange Tax Info with IRS

The new treaty will provide for mutual assistance and exchange of information between India and the other members of the Agreement.  One member is the USA.  It not only provides for exchange of information between the taxing agencies (IRS) but also provides for assistance in recovery of taxes.


It provides for simultaneous tax examinations in other countries and sharing of relevant information.  It also allows tax officials from one member country to enter the other to interview individuals and examine records.  The information received from another country can be used also for money laundering investigations.

Read more and the names of the Member nations in this Article from The Hindu

If you have been living in India and not filing your US tax return on your worldwide income even though you are a US Citizen or Green Card Holder, now is the time to catch up and become current with your returns. In the past few years we have helped hundreds of US taxpayers catch up and saved them untold sums in penalties and interest.

DOWNLOAD OUR EXPATRIATE TAX RETURN QUESTIONNAIRE HERE, and send it to us for a fee quote subject to your approval. It can be used for all past unfiled tax years.

Legal & Tax Procedures For US Citizenship Surrender/or Surrender of Green Card by Long Term Resident

Surrendering your US Citizenship or long term US Residency (holding a Green Card for 8 years or more) is a two step process.  Step one: A Citizen must fill out the forms and meeting with the US Embassy and Consul and paying the $450 fee.  A Green Card holder only needs to file the proper form with Immigration. Once that is done, you have established the effective date and completed the legal side.  Of course, they will not allow you to surrender your US Citizenship until you prove you are a Citizen of another country.  The State Department will not allow you to become a man or woman "without a country."

Of course surrendering your Citizenship or Residency relieves you of the necessity of filing US tax returns in future years except with respect to any of your future earnings the have a US source.

Step Two:  You must then get final approval of the Internal Revenue Service.  You must file a final US tax return (A Dual Status Return) and Form 8854 to determine if you owe an exit tax or not.  If you are married, both you and your spouse must go through this procedure separately.

As an Attorney/ CPA I  have advise and assisted over 70 clients with their US Citizenship or Green Card  surrender.  Let us help you.  READ MORE DETAILS OF THE PROCEDURES HERE. 

Mitt Romney 2010 Tax Return - View it Here and See the Tax Results of His Many Foreign Holdings

Mitt Romney's 2010 tax return (203 pages)  is a study in  the various IRS Forms required to report foreign income and holdings.  It includes the following IRS forms required for various foreign items of income:

• Form 1116- Foreign Tax Credits
• Form 8865 - Foreign Partnerships
• Form 926 - Contributions to Foreign Corporations
• Form 5471- Foreign Corporation ownership
• Form 8621- Passive Foreign Investment Company Reporting

LOOK AT AND REVIEW MITT ROMNEY'S 2010 TAX RETURN HERE

IRS Called Easy on Criminal Tax Evaders in Watchdog’s Critique

Read Article about Criminal Tax Evaders and Voluntary Disclosure Program from Bloomberg Here

US Treasury Issues New FBAR instructons In January 2012

The new instructions to Form TDF 90-22.1  (FBAR) instructs taxpayers to direct questions to  866-270-0733 (within the US)  and 313-234-6146 for  international callers.

The new instructions also include an email address for questions: FBARquestions@irs.gov.  
DOWNLOAD THE LATEST FORM AND INSTRUCTIONS HERE.

Posted on January 20, 2012 in FBAR & Form 8938 | Permalink

2011 Chinese Taxes for Expatriates Living in China

China Briefing has an excellent article stating the rules for US expatriates living in China with respect to their Chinese Income Tax Filing Requirements. The rates run for 3% to 45%.  READ MORE HERE

Of course the income taxes you pay in China can be credited against our US income tax rate, and any  excess (above the US tax amount on the same income) can be carried back 2 years and then carried over. To download our US expat tax questionnaire CLICK HERE

Taxpayer Advocate Office and IRS in vicious fight over Unfair Practices on FBAR Voluntary Offshore Disclosure Program

The Taxpayer's Advocate Office is still on the side of the Taxpayer. They are in a vicious fight with the IRS over their "bait and switch" and unfair practices in the 2009 and 2011 Voluntary Offshore Disclosure Program with respect to the FBAR (TDF 90-22.1) penalties. If they cannot agree, the dispute may go to Congress. READ MORE HERE

IRS Used "Bait and Switch" Tactics in Prior Offshore Disclosure Programs per the Taxpayer Advocate Office

This Article from  CNBC describes  the less than ethical actions (or perhaps straightforward)  of the IRS in connection with the 2009 and 2011 Voluntary Disclosure Program.  Many taxpayers paid more than they had to pay if they had not entered the program and the IRS took it!  The Taxpayer Advocate Office of the IRS whose job it is to monitor the IRS and correct problems, errors and this type of actions included this information in their report to Congress.  READ ARTICLE HERE

The IRS has announced a new Offshore Disclosure Program for 2012 and perhaps beyond which will  be mostly the same as the 2011 program with some changes which the IRS has stated they will provide further details in the next few weeks.  It is not too late to enter the program and perhaps reduce your penalties.  With proper representation by an experienced Attorney and CPA, you will be protected from the IRS "Bait and Switch."

IRS Offshore Programs Produce $4.4 Billion to Date for Nation’s Taxpayers; Offshore Voluntary Disclosure Program Reopens

 The Internal Revenue Service today reopened the offshore voluntary disclosure program to help people hiding offshore accounts get current with their taxes and announced the collection of more than $4.4 billion so far from the two previous international programs.

The IRS reopened the Offshore Voluntary Disclosure Program (OVDP) following continued strong interest from taxpayers and tax practitioners after the closure of the 2011 and 2009 programs. The third offshore program comes as the IRS continues working on a wide range of international tax issues and follows ongoing efforts with the Justice Department to pursue criminal prosecution of international tax evasion. This program will be open for an indefinite period until otherwise announced.

“Our focus on offshore tax evasion continues to produce strong, substantial results for the nation’s taxpayers,” said IRS Commissioner Doug Shulman. “We have billions of dollars in hand from our previous efforts, and we have more people wanting to come in and get right with the government. This new program makes good sense for taxpayers still hiding assets overseas and for the nation’s tax system.”

The program is similar to the 2011 program in many ways, but with a few key differences. Unlike last year, there is no set deadline for people to apply. However, the terms of the program could change at any time going forward. For example, the IRS may increase penalties in the program for all or some taxpayers or defined classes of taxpayers – or decide to end the program entirely at any point.

“As we’ve said all along, people need to come in and get right with us before we find you,” Shulman said. “We are following more leads and the risk for people who do not come in continues to increase.”

The third offshore effort comes as Shulman also announced today the IRS has collected $3.4 billion so far from people who participated in the 2009 offshore program, reflecting closures of about 95 percent of the cases from the 2009 program. On top of that, the IRS has collected an additional $1 billion from up front payments required under the 2011 program.  That number will grow as the IRS processes the 2011 cases.

In all, the IRS has seen 33,000 voluntary disclosures from the 2009 and 2011 offshore initiatives. Since the 2011 program closed last September, hundreds of taxpayers have come forward to make voluntary disclosures. Those who have come in since the 2011 program closed last year will be able to be treated under the provisions of the new OVDP program.

The overall penalty structure for the new program is the same for 2011, except for taxpayers in the highest penalty category.

For the new program, the penalty framework requires individuals to pay a penalty of 27.5 percent of the highest aggregate balance in foreign bank accounts/entities or value of foreign assets during the eight full tax years prior to the disclosure. That is up from 25 percent in the 2011 program. Some taxpayers will be eligible for 5 or 12.5 percent penalties; these remain the same in the new program as in 2011.

Participants must file all original and amended tax returns and include payment for back-taxes and interest for up to eight years as well as paying accuracy-related and/or delinquency penalties.

Participants face a 27.5 percent penalty, but taxpayers in limited situations can qualify for a 5 percent penalty. Smaller offshore accounts will face a 12.5 percent penalty. People whose offshore accounts or assets did not surpass $75,000 in any calendar year covered by the new OVDP will qualify for this lower rate. As under the prior programs, taxpayers who feel that the penalty is disproportionate may opt instead to be examined.

The IRS recognizes that its success in offshore enforcement and in the disclosure programs has raised awareness related to tax filing obligations. This includes awareness by dual citizens and others who may be delinquent in filing, but owe no U.S. tax. The IRS is currently developing procedures by which these taxpayers may come into compliance with U.S. tax law. The IRS is also committed to educating all taxpayers so that they understand their U.S. tax responsibilities.

More details will be available within the next month on IRS.gov. In addition, the IRS will be updating key Frequently Asked Questions and providing additional specifics on the offshore program. 

IRS Offers in Compromise for Expatriates

Sometimes, though not often, US expatriates after filing all past returns discover the owe a large amount of  taxes penalties and interest to the IRS.  These taxes may be attributable to income earned before becoming an expatriate and living outside the USA.  These taxpayers often ask us about filing an offer in compromise.

An offer in compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can't pay your full tax liability, or doing so creates a financial hardship. We consider your unique set of facts and circumstances:

• Ability to pay;
• Income;
• Expenses; and
• Asset equity.

The IRS generally approves an offer in compromise when the amount offered represents the most we can expect to collect within a reasonable period of time. You should explore all other payment options before submitting an offer in compromise because current statistics indicated only about 15% of thosefiled are accepted by  the IRS. The Offer in Compromise program is not for everyone. If you hire a tax professional to help you file an offer, be sure to check his or her qualifications. There are many advertisements on TV that offer this service but generally only take a large nonrefundable down payment when it is clear your offer in compromise will not be accepted by the IRS.

Make sure you are eligible

Before we can consider your offer, you must be current with all filing and payment requirements. You are not eligible if you are in an open bankruptcy proceeding.

We have help many expats file successful offers in compromise. We do not accept filings that do not have a good chance of being accepted by the IRS.

Read more about the IRS offer in compromise program HERE.

Quick Guide to 2011 Tax Rates and Other Rules

The AICPA has published a quick guide to tax rates and other specific numbers for tax year 2011.  It is a useful quick guide to calculate your potential tax liability and other specific rules.  It includes long term capital gain rates, self employment tax rates, exemptions, standard deductions, dependent deductions, etc.   Click here to view it.

IRS Uses John Does Summons to Catch Taxpayers Not Paying Taxes

 With anormal summons, the IRS seeks information about a specific taxpayer whose identity it knows. A John Doe summons allows the IRS to get the names of all taxpayers in a certain group. The IRS needs a judge to approve it, but recent IRS success may to lead to more.


A federal judge recently gave the IRS permission to serve a John Doe summons on California’s State Board of Equalization. The IRS wants names of Californians who gifted real property to their children or grandchildren between 2005 and 2010. The IRS believes many failed to file federal gift tax returns reporting family transfers. It’s not just Californians in the crosshairs. The IRS has already received information about intra-family property transfers from county and state officials in other states.


The IRS is using the  John Does summons to force foreign banks doing business in the US to reveal information on their US depositors with accounts outside the US.  Its use in the future may include other businesses doing business in the US which can provide the IRS with information about US taxpayers assets abroad.