Tax Returns

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Old Mar 27th 2017, 2:55 pm
  #16  
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Default Re: Tax Returns

Ok, so I have 2 stocks aND shares ISA's both only invested in 2001 and nothing since then. Only gathering money since then. I have one unit trust, same thing only money added in 2001, but gather interest since then.

I have premium bonds opened since 1980's, only prize deposits which get reinvested automatically.

Some NSI accounts with joint accounts with my mum.

I have current accounts and really that's about it.
Any thoughts?
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Old Mar 27th 2017, 4:17 pm
  #17  
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Default Re: Tax Returns

All of these have been omitted from your FBARs & 8938s. The premium bond prizes have been omitted from US income tax returns.


You almost certainly have several funds in each ISA requiring 50 to 100 pages of PFIC calculations & reporting each year. The returns will be complex, requiring translating several hundred PFIC transactions into US dollars using historic daily spot exchange rates. Doubtless there is some modest amount of tax due. You may also find yourself deciding to pay the 5% Miscellaneous Penalty to the IRS.


The ISAs would have been opened by you; as until fairly recently Junior ISAs did not exist. Why did you overlook reporting these to the IRS each year, even if you never knew about the NS&I products & your current account?
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Old Mar 27th 2017, 4:25 pm
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Default Re: Tax Returns

Originally Posted by Cook_County
All of these have been omitted from your FBARs & 8938s. The premium bond prizes have been omitted from US income tax returns.


You almost certainly have several funds in each ISA requiring 50 to 100 pages of PFIC calculations & reporting each year. The returns will be complex, requiring translating several hundred PFIC transactions into US dollars using historic daily spot exchange rates. Doubtless there is some modest amount of tax due. You may also find yourself deciding to pay the 5% Miscellaneous Penalty to the IRS.


The ISAs would have been opened by you; as until fairly recently Junior ISAs did not exist. Why did you overlook reporting these to the IRS each year, even if you never knew about the NS&I products & your current account?
Though this may seem extremely careless, I had no idea about them. I must have opened them, but that's all I had to do with them. I would have surely reported them had I been aware.

Is my best option the streamlined disclosure? All I would like is to be tax compliant and completely transparent.
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Old Mar 27th 2017, 4:43 pm
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Default Re: Tax Returns

Originally Posted by Cook_County
All of these have been omitted from your FBARs & 8938s. The premium bond prizes have been omitted from US income tax returns.


You almost certainly have several funds in each ISA requiring 50 to 100 pages of PFIC calculations & reporting each year. The returns will be complex, requiring translating several hundred PFIC transactions into US dollars using historic daily spot exchange rates. Doubtless there is some modest amount of tax due. You may also find yourself deciding to pay the 5% Miscellaneous Penalty to the IRS.


The ISAs would have been opened by you; as until fairly recently Junior ISAs did not exist. Why did you overlook reporting these to the IRS each year, even if you never knew about the NS&I products & your current account?
8938? Isn't she under the $$ threshold for 8938, on the info given in posts above?
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Old Mar 27th 2017, 5:31 pm
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Default Re: Tax Returns

Originally Posted by robin1234
8938? Isn't she under the $$ threshold for 8938, on the info given in posts above?
I file married filing jointly..so shouldn't the threshold be $100000 or more on the last day of the year or $150,000 anytime dying the year, foreign assets? I would fall below this thresold evey year.

Also, why would I have to file a 3250?
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Old Mar 27th 2017, 5:41 pm
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Default Re: Tax Returns

Originally Posted by Downtonabbey1
I file married filing jointly..so shouldn't the threshold be $100000 or more on the last day of the year or $150,000 anytime dying the year, foreign assets? I would fall below this threshold every year.
Yes those are the 8938 thresholds.

https://www.irs.gov/businesses/compa...r-requirements
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Old Mar 27th 2017, 5:45 pm
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Default Re: Tax Returns

Originally Posted by Downtonabbey1
I file married filing jointly..so shouldn't the threshold be $100000 or more on the last day of the year or $150,000 anytime dying the year, foreign assets? I would fall below this thresold evey year.

Also, why would I have to file a 3250?
3520...

Don't know, cook_county brought that one up. Maybe he will elucidate...
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Old Mar 27th 2017, 6:34 pm
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3520 was before we knew the amounts, because gifts received from an NRA were mentioned. This is off the table now. All that is left are FBARs, tax return corrections & PFICs - plus getting a lawyer to instruct a CPA under a Kovel letter on wilfulness, reasonable cause arguments and how to approach the IRS.
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Old Mar 27th 2017, 6:52 pm
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Default Re: Tax Returns

This is a person that I am Going with. I have had several conversations with him, it via phone it really seems like he know what he's doing. I don't see too many reviews online for him, which makes a bit nervous. But again, seems very knowledgeable on phone.

http://ovdptaxlaw.com
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Old Mar 27th 2017, 6:53 pm
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FYI NS&I will not allow a US tax resident to own premium bonds. I assume you have not tried updating your address with NS&I.
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Old Mar 27th 2017, 7:10 pm
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Default Re: Tax Returns

Originally Posted by Downtonabbey1
This is a person that I am Going with. I have had several conversations with him, it via phone it really seems like he know what he's doing. I don't see too many reviews online for him, which makes a bit nervous. But again, seems very knowledgeable on phone.

FBAR OVDP FATCA Offshore Voluntary Disclosure Help
I know nothing of this firm, but judging from their name alone, are you a professional international money launderer? A drug runner with ill gotten gains?

From what you have said, you may be guilty of ignorance of US tax rules, but you certainly shouldn't need to resort to OVDP.
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Old Mar 27th 2017, 7:40 pm
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Never heard of him either; which honestly is worrying. It is rare that an adviser located in the US would be a good choice as they all want to be pushing you to pay penalties to the IRS, rather than relying on reasonable cause arguments. You would probably do better selecting an adviser located in the UK.
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Old Mar 28th 2017, 10:58 am
  #28  
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Default Re: Tax Returns

Originally Posted by Cook_County
Never heard of him either; which honestly is worrying. It is rare that an adviser located in the US would be a good choice as they all want to be pushing you to pay penalties to the IRS, rather than relying on reasonable cause arguments. You would probably do better selecting an adviser located in the UK.
Thank you for all the advice on this particular law firm. I don't think it's wise of me to go with him.

I don't really know anyone in the UK as far as advisors go. With all the accounts that I have now, my thought is to go with an IRS tax lawyer. There are a few in my area. I was just hesitant to talk to one. I cant belive what a mess this is.

Have any of you had experice with a tax lawyer, or know of anyone that has?
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Old Mar 28th 2017, 1:08 pm
  #29  
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I would not use that firm as the first sentence on their website is incorrect. It says:

"It is against the law to have an offshore bank account and NOT report it."

That statement is designed to scare and that's not what you want in anyone dealing with your taxes.
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Old Mar 28th 2017, 4:12 pm
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Default Re: Tax Returns

Originally Posted by Downtonabbey1
Thank you for all the advice on this particular law firm. I don't think it's wise of me to go with him.

I don't really know anyone in the UK as far as advisors go. With all the accounts that I have now, my thought is to go with an IRS tax lawyer. There are a few in my area. I was just hesitant to talk to one. I cant belive what a mess this is.

Have any of you had experice with a tax lawyer, or know of anyone that has?
This person was very helpful to me in my early days. It was useful that they knew UK and US information. The spoke to me for about 20 minutes on the phone for free initially.

Helena Turner | Associate Director | US Tax and Financial Services Limited
Magdalen House, 136 Tooley Street, London SE1 2TU
Tel: +44 (0) 207 357 8220

US Tax and Financial Services Limited is a member of the US Tax & Financial Services Group Ltd. Group members have offices in London, Zurich, Geneva and Tel Aviv.

Please visit US Income Tax Services | Taxes for Expats | US Tax & FS
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