US Expatriate IRS Forms Which May Cause an Audit Unless Prepared Correctly

 As a US expatriate you generally need to file certain special reporting forms with your US tax return. Filing these forms do increase your chance of audit by the IRS. If your return includes any of the following forms, make certain they are filled out correctly to avoid IRS audits:

Form 2555: Foreign Earned Income Exclusion                           

Form 1116: Foreign Tax Credit

Form 8621: Passive Foreign Investment Company (PFIC)

Form 3520 & 3520a: Foreign Trust Reporting

Form 5471: Shareholder of Foreign Corporation

Form 8938: Statement of Specified Foreign Financial Assets

Our firm has assisted US expatriates with their tax returns and inernational tax issues for over 25 years. If you need help with these forms, advice  or need your entire return prepared by experts contact us by email HERE.  We are US attorneys and CPAs.

IRS TAXPAYER PROCESSING DELAYS CONTINUE AND WILL FOR SOME TIME

Although the IRS is making progress, there are still significant return processing backlogs which among others involve expatriate returns, refunds, etc, such as:

  *   6.5 million unprocessed individual returns, as of November 19, 2021;
  *   2.6 million unprocessed Forms 1040-X, Amended Individual Income Tax Returns, as of November 27, 2021;
  *   3 million unprocessed Forms 941, Employer's Quarterly Federal Tax Return, as of December 1, 2021; and
  *   412,000 unprocessed Forms 941-X, Adjusted Employer's Quarterly Federal Tax Return, as of December 1, 2021.

According to the IRS, it may take 90-120 days to process original returns. The timeline depends on how quickly and accurately taxpayers respond to requests for additional information and "the ability of IRS staff trained and working under social distancing requirements to complete the processing of your return." Taxpayers may access "Where's My Refund" (www.irs.gov/refunds<http://send.spidell.com/link.cfm?r=gZ-80FCd5TTpz7rOj3Jhbw~~&pe=owFbb_7HN6kAMuQv1PPM7nlO7x276rI7f0O_5zRKFTRoJ7RtQ29PUE4Rq48sHYFutsmUucA1mMH1lxeD8zJ7aw~~&t=Y7Wj2mPEcByuqBqXr8dzNA~~>) or use their online account to check on the status of these returns.

The ETA for processing amended returns can be more than 20 weeks (although we have heard of far longer timeframes). The IRS has asked that taxpayers not file a second return or contact the IRS about the status of their returns. Taxpayers are directed to check "Where's My Amended Return" (www.irs.gov/filing/wheres-my-amended-return<http://send.spidell.com/link.cfm?r=gZ-80FCd5TTpz7rOj3Jhbw~~&pe=wcFMsdWlBZD6nCsGBJ4rLKI7hpm_Uj3OaD3kfww63G1kZtILYQCOa86D2-zKiMhDE9LNwYtPmYEuVFWD3Vxvog~~&t=Y7Wj2mPEcByuqBqXr8dzNA~~>) for the "most up to date processing status available" for Form 1040-X, or to check their online account.

For more information on the IRS delays, see:

www.irs.gov/newsroom/irs-operations-during-covid-19-mission-critical-functions-continue<http://send.spidell.com/link.cfm?r=gZ-80FCd5TTpz7rOj3Jhbw~~&pe=WZBS5UrRtXSCNSU76e8B2IscXTDHWo3khIz3q7zBB-vDDIP8InHMzeL4kGWTb-fE82qLt8ecccFVIp1J95Gopw~~&t=Y7Wj2mPEcByuqBqXr8dzNA~~>

New online identity verification process for accessing IRS self-help tools for Expatriates and Nonresidents

The IRS recently launched an improved identity verification and sign-in process that enables more people to securely access and use IRS online tools and applications.

Taxpayers using the new mobile-friendly verification process can access several IRS online services including:

• Child Tax Credit Update Portal
• Online Account
• Get Transcript Online
• Get an Identity Protection PIN
• Online Payment Agreement

Additional applications will transition to the new process over the next year.

The new process reaches more people through the expanded use of identity documents and increased help desk assistance for taxpayers who encounter a problem when attempting to verify their identity online.

The IRS is using ID.me to provide verification services. The new process part of the IRS’s ongoing commitment to ensure that taxpayer information is only provided to the person who has a legal right to the data.

The IRS integrated this new account-creation process into some applications used by tax professionals, including those they use to request powers of attorney or tax information authorizations online using Tax Pro Account or to submit Forms 2848 and 8821 online.

Accessing IRS tools
Taxpayers will be asked to sign in with an ID.me account. If they already have IRS usernames, they can use their credentials from the old system to sign-in until summer 2022. However, they should create an ID.me account as soon as possible. Anyone with an existing ID.me account from the Child Tax Credit Update Portal, or from another government agency, can sign in with their existing credentials.

To verify their identity with ID.me, taxpayers must do two things:

• Provide a photo of a driver's license, state ID or passport.
• Take a selfie using a smartphone or a computer with a webcam.

Once their identity is verified, they can securely access IRS online services.

Taxpayers who need help verifying their identity or submitting a support ticket should visit the ID.me IRS Help Site

Share this tip on social media -- #IRSTaxTip: New online identity verification process for accessing IRS self-help tools. https://go.usa.gov/xedxr

FBAR $10,000 NONWILLFUL FAILURE TO FILE PENALTY IS HELD TO BE $10,000 PER ACCOUNT AND NOT PER FORM

District Court holds (1) FBAR Penalty Statute of Limitations is Waivable and (2) FBAR Nonwillful Penalty is Per Account (11/8/21) In United States v. Solomon, No. 20-82236-CIV-CAN, 2021 U.S. Dist. LEXIS 210602 (S.D. Fla. Oct. 27, 2021), CL here, in a nonwillful FBAR collection suit, the Court held: 1. The FBAR assessment statute of limitations is an affirmative defense that may be waived by the person assessed the penalty (no distinction here between willful and nonwillful).  The FBAR assessment statute of limitations has no provision such as § 6501(c)(4) that requires that extensions by agreement must be made while the otherwise applicable period of limitations for tax assessments is still open; perhaps the implication is that, except for that explicit limitation on waivers by agreement, a taxpayer could waive with an untimely agreement. (In this regard, the Solomon court does conclude that the FBAR statute of limitations is not jurisdictional and thus can be waived.)  Accordingly, the execution of the agreement to extend for the FBAR penalties was a waiver of the statute of limitations that had already expired.  (On the jurisdictional issue, see Keith Fogg, IRS Succeeds in Jurisdictional Argument – With a Twist (Procedurally Taxing Blog 11/4/21), here.) 2.  The nonwillful penalty is per account rather than per form, adopting the Government’s position on this issue.  As the court notes in the following footnote (Slip Op. 10 n. 4): n4 Of the courts that have addressed this issue to date, all but one have rejected the government's view, ruling or otherwise suggesting that a non-willful “violation” of the reporting requirement in 31 U.S.C. § 5314 is the failure to file an annual FBAR report — not the failure to “report” the citizen's interest in each foreign financial account. See United States v. Boyd, 991 F.3d 1077 (9th Cir. 2021) (rejecting government's view); United States v. Bittner, 469 F. Supp. 3d 709 (E.D. Tex. 2020) appeal docketed, No. 20-40612 (5th Cir. Sept. 18, 2020) (same); United States v. Kaufman, 3:18-CV-00787 (KAD), 2021 WL 83478, **8–11 (D. Conn. Jan. 11, 2021) (same); United States v. Giraldi, CV202830SDWLDW, 2021 WL 1016215, *5 n.8 (D.N.J. Mar. 16, 2021) (same). But see United States v. Stromme, No. 20-24800-CIV (S.D. Fla. Jan. 25, 2021) (ECF No. 18 p. 3) (granting judgment in favor of United States for the full amount of penalties sought, agreeing that “each unreported relationship with a foreign financial agency constitutes an FBAR violation”).  If you need help, email us at ddnelson@gmail.com. All consultations are absolutely protected under attorney client privilege.

US Taxpayer Pleads Guilty to Failure to File a Foreign Bank Account Report

 

            CONCORD - Georges Mazraani, 57, of Windham, pleaded guilty in federal court on Wednesday to willful failing to file a foreign bank account report, Acting United States Attorney John J. Farley announced today.

            According to court documents and statements made in court, federal law requires that a U.S. person having a financial interest in, or signature or other authority over, a bank or other financial account in a foreign country, must file a Foreign Bank Account Report (“FBAR”) with the Treasury Department identifying each foreign account if the aggregate balance of all foreign accounts exceeds $10,000 at any point in the calendar year.  FBAR information is used by the federal government in criminal, tax, or regulatory investigations or proceedings.  A willful failure to file a required FBAR is a felony.

            Defendant Mazraani owned and operated Dot Square, a New Hampshire corporation that exported computers and related goods primarily to Lebanon.  He also had a financial interest in bank accounts held in Lebanon, from which he sometimes wired money to Dot Square’s bank account held in Salem, New Hampshire.  For calendar year 2012, Mazraani filed an FBAR identifying three accounts in Lebanon.  During the years 2013 through 2017, however, Mazraani did not file FBARs, even though he had an interest in at least one Lebanese bank account holding more than $10,000 during each of those years.  For example, in calendar year 2017, $554,245 was wired, in 13 separate wire transmissions, from Mazraani’s account at a bank in Beirut to Dot Square’s business checking account in New Hampshire.  Although Mazraani’s tax preparer advised the defendant’s bookkeeper about the FBAR filing requirement and Mazraani acknowledged on his 2016 and 2017 tax returns that he was required to file an FBAR, he nevertheless failed to file the report. 

           Mazraani is scheduled to be sentenced on February 14, 2022.

           “Failing to file a Foreign Bank Account Report is a federal crime,” said Acting U.S. Attorney Farley.  “By failing to file these reports from 2013 to 2017, the defendant concealed information about foreign bank accounts that he was required to disclose.  We will continue to work with our law enforcement partners to identify and prosecute those who commit tax crimes and other financial offenses.”

           “The law requires companies who use our country’s financial system to provide financial institutions with truthful information about their business operations, but Georges Mazraani admitted today that he knowingly and willfully failed to do that, over the course of five years. In fact, he went out of his way to conceal his bank accounts in Lebanon, despite a reminder from his bookkeeper,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI will not hesitate to aggressively investigate companies who are doing business in the United States but failing to adhere to our laws.”

            “The accurate reporting of foreign bank accounts ensures fairness and integrity in the U.S. tax system. By his own admission today, Mr. Mazraani deliberately avoided his reporting requirements in an attempt to hide assets. As a result of his actions, he is now subject to a federal felony conviction,” said Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division, Boston Field Office. 

            This matter was investigated by the Internal Revenue Service, Criminal Investigation Division, the Department of Commerce, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney John S. Davis.

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If you have not been reporting your foreign bank accounts you could incur heavy penalties and possible criminal prosecution.  We can help. Email Us to request a consultation with the absolute privacy of attorney client privilege. Email us at ddnelson@gmail.com

Expatriates Living Abroad May be at Risk for an Audit?

Even though you live and work abroad the IRS may still audit your return. This is most often accomplished by mail and telephone. Failure to respond to any audit notice from the IRS will result in assessment for taxes due for all items questioned.

There are some objective factors that may put you as an expatriate

at higher risk for experiencing an IRS audit. Here’s a quick checklist.

• Do you earn over $200,000 annually?
• Have you failed to report past income on your return?
• Have you claimed more itemized deductions than allowed?
• Do you operate a business?
• Did you claim rental losses on your return?
• Did you take a home office deduction?
• Did you claim gambling losses on your return?
• Do you hold a foreign bank account or earn income from a foreign source?
• Do you own a foreign corporation?
• Do you have an interest in a foreign trust>
• Do you own foreign mutual funds (requires special forms be filed with your tax return)?

While none of these factors ensures that you will be audited, they do help create a picture of the type of taxpayer that may draw additional IRS scrutiny.  Under the new Presidential administration there will be a significant increase in audits of those who live outside of the USA.

We can help you if your receive an IRS notice with your response and represent you in an audit.  Email us at ustax@hotmail.com or phone 949-480-1235 (US)