Your Heirs Will be Liable to FBAR Penalties if You Do Not Resolve filing FBARS and the penalties While you Are Alive

If you do not file your Form 114 (FBAR) reporting your foreign bank and financial accounts, you can be penalized severely and so can your heirs after your death.

Read case law below about the penalty for failure to file FBARS passing on to the taxpayer heirs:

In United States v. Schoenfeld (M.D. Fla. 3:16-cv-1248-J-34PDB), by order dated 9/25/18, here, the Court held (p. 37) that the "the Court finds that the Government's claim did not abate upon Steven Schoenfeld's death."  The reasoning for the holding is found at pp. 24-36.  The first 24 pages include a short one-page introduction and then 23 pages disposing of procedural issues arising from the death of the person putatively liable that the Government sued after he had died but without knowledge of his death.  

In this case the Court holds that  that the FBAR civil willful penalty survives death.  The Court does a good job of developing and resolving the issue. 

There are procedures available that may let you file Form 114 (FBAR form) while you are still alive and avoid or reduce penalties.  Don't leave this burden to your heirs. Email us for help at ddnelson@gmail.com  and read more on our website at www.taxmeless.com.  We are an expert on this issue.

Criminal Penalites Imposed for Faiing to FIle Tax Returns as an Expatriate or Taxpayer. - How to avoid this problem

A taxpayer that willfully attempts to evade paying income taxes is subject to criminal and civil penalties. The type of fraud will determine the applicable penalty. The following are some examples of possible punishments for specific types of tax fraud. Remember a delinquent taxpayer expat or nonresident, can never be certain if the IRS will not view their actions as beyond negligent but intentional fraud. Therefore, file your past due returns before the IRS finds you first.  Filing yourself before being caught is viewed as indicative of no criminal intent.

• Attempt to evade or defeat paying taxes: Upon conviction, the taxpayer is guilty of a felony and is subject to other penalties allowed by law, in addition to (1) imprisonment for no more than 5 years, (2) a fine of not more than $250,000 for individuals or $500,000 for corporations, or (3) both penalties, plus the cost of prosecution.

• Fraud and false statements: Upon conviction, the taxpayer is guilty of a felony and is subject to (1) imprisonment for no more than 3 years, (2) a fine of not more than $250,000 for individuals or $500,000 for corporations, or (3) both penalties, plus the cost of prosecution .

• Willful failure to file a return, supply information, or pay tax at the time or times required by law. This includes the failure to pay estimated tax or a final tax, and the failure to make a return, keep records, or supply information. Upon conviction, the taxpayer is guilty of a misdemeanor and is subject to other penalties allowed by law, in addition to (1) imprisonment for no more than 1 year, (2) a fine of not more than $100,000 for individuals or $200,000 for corporations, or (3) both penalties, plus the cost of prosecution .

     Information you give your CPA and tax preparers  is not privileged and cannot be protected from the IRS or other law enforcement agencies. When you use a Attorney you get the benefit of "attorney/client" privilege and information you give your attorney is protect from the IRS and law enforcement.  If you feel you might have criminal tax problems, best to talk first with an attorney.

Get Legal Help with Your Income Tax Problems avoid these criminal consequences.  We are CPAs and attorneys with over 35 years experience with US international, expatriate and nonresident taxation. We can solve your tax  problems before it becomes necessary to hire a criminal attorney.  Email us at ddnelson@gmail.com  and visit our website at www.taxmeless.com. 

Estate Planning for US Expatriates and US Nonresidents with US Assets

If you are an expatriate with foreign assets, US assets  or a nonresident of the US with US assets you

need to look into estate planning to reduce probate costs, make certain your assets go to the heirs you desire, and  reduce possible US estate taxes.  If you have assets located outside the US, you need to have attorneys prepare a will in that country to make certain those foreign assets go to the desired beneficiaries upon your death.

We can help with your US estate planning if you are an expatriate, resident or nonresident.

READ MORE  DETAILS HERE

IRS STREAMLINED PROGRAM- CATCH UP FILING YOUR RETURNS AND AVOID MOST PENALTIES

Purpose of the streamlined procedures

The streamlined filing compliance procedures describe below are available to taxpayers certifying that their failure to report foreign financial assets and pay all tax due in respect of those assets did not result from willful conduct on their part. The streamlined procedures are designed to provide to taxpayers in such situations with

• a streamlined procedure for fling amended or delinquent returns, and
• terms for resolving their tax and penalty procedure for filing amended or delinquent returns, and
• terms for resolving their tax and penalty obligations.

As reflected below, the streamlined filing procedures that were first offered on September 1, 2012 have been expanded and modified to accommodate a broader group of U.S. taxpayers. Major changes to the streamlined procedures include: 

• extension of eligibility to U.S. taxpayers residing in the United States
• Elimination of the $1,500 tax threshold, and 
• elimination of the risk assessment process associated with the streamlined filing compliance procedure announced in 2012.

Eligibility criteria for the streamlined procedures

The modified streamlined filing compliance procedures are designed only for individual taxpayers, including estates of individual taxpayers. The streamlined procedures are available to both U.S. individual taxpayers residing outside the United States and U.S. individual taxpayers residing in the United States. Descriptions of the specific eligibility requirements for the streamlined procedures for both non-U.S. residents (the "Streamlined Foreign Offshore Procedures") and U.S. residents ("Streamlined Domestic Offshore Procedures") are set forth below.

Taxpayers must certify that conduct was not willful. Taxpayers using either the Streamlined Foreign Offshore Procedures or the Streamlined Domestic Offshore Procedures, will be required to certify, in accordance with the specific instructions set forth below, that the failure to report all income, pay all tax and submit all required information returns, including FBARs (FinCEN Form 114, previously Form TD F 90-22,1) was due to non-willful conduct. Non-willful conduct is conduct that is due to negligence, inadvertence, or mistake or conduct that is the result of a good faith misunderstanding of the requirements of the law.  READ MORE DETAILS OF THE STREAMLINED PROGRAM HERE

Our firm of CPAs and Attorney have represented and assisted hundreds of individuals enter the Streamlined Program. If you wish to learn more and want help entering the program EMAIL US to set up a consultation.

IF YOU EXPECT A TAX REFUND, DO NOT WAIT TO LONG TO FILE YOUR RETURN OR AMENDED RETURN

Do not wait to long to file an amended tax return or file your original  tax return if you  expect to get a refund.  The IRS has 10 years to  collect taxes you owe but when it comes to refunding your overpayments you have a limited time.

You have  3 years  from the date of the original deadline for your tax return to claim any refund you might be entitled to. Your 2019 tax return is due on April 15, 2020, so you have until April 15, 2023 to file your 2019 tax return and still get any tax refund that's due to you. Just add three years to the filing deadline...unless you paid any taxes that were due on the tax return.

In this case, the statute of limitations would be only two years from the date you paid if this date is later than the three-year due date deadline.  Amended returns claiming additional refunds must be filed with the IRS before the three-year statute of the limitations expires, which would be Oct. 15 if you filed an extension of the prior years return. 

If you need help filing an amended return to get a refund or your original return before the short  IRS refund statute of limitations expires contact us.  We most often can prepare your return in short order before it is too late.  EMAIL US FOR HELP

  

Cheapest States To Retire In USA for Expats returning

Many expats after living and working abroad for many years plan  to retire back in the USA. Marketwatch has done a study which shows the cheapest and most expensive states in which to retire.  Hawaii is the most expensive state with California coming in number 2.  The cheapest state is Mississippi.  READ DETAILS OF STUDY HERE   It will show you the cost of living, etc. for all of the states in the US.

You also need to consider things from your personal income tax point of view. The states that have no income taxes include:

• Texas
• Florida
• Nevada
• Washington
• Alaska
• South Dakota
• Wyoming

Contact us if you have questions or need to know more.   taxmeless@gmail.com  Kauffman Nelson LLP CPAs and Don D. Nelson, Attorney at Law.