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Failed to declare foreign bank accounts and file FBAR. Now what?

Failed to declare foreign bank accounts and file FBAR. Now what?

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Old Jul 22nd 2019, 7:24 am
  #16  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by WorriedMary
So I think we’re going to file ourselves. The forms look straightforward and we’ve set aside next weekend to complete them.

The only part we are concerned about is how to show non-wilfulness in the written statement part. I mean, this absolutely was non-wilful, we made incorrect assumptions about what constituted a “foreign account” and as soon as we found out, we wanted to rectify it. Is that basically the right thing to say (along with other declarations about the accounts being already set up before we even moved here etc) or are we dropping ourselves in it?
i am not sure calling IRS a great idea , i would suggest a tax lawyer or even an accountant who handles expat returns. ​​​​​​i would avoid doing yourelf
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Old Jul 22nd 2019, 7:27 am
  #17  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by Cook_County
There is no credit available in the US for any UK tax withheld because under UK domestic law there would have been no tax due.

The amount payable under the SDOP is the US tax due on the interest, IRS interest on the tax, plus a penalty equal to 5% of the largest of the values on 31 December 2016, 2017 or 2018. Schedule B, including Part III, will need correcting. FBARs would be filed for the years 2013 to date.
i do not understand- isnt the issue tax due not whether paid through witholding or paid after ? i
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Old Jul 22nd 2019, 7:27 am
  #18  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

The IRS have processed tens of thousands of streamlined filings. There is nothing (not a jot) in your statement that should cause concern (or indeed require a lawyer).
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Old Jul 22nd 2019, 11:45 am
  #19  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by Cook_County
The IRS have processed tens of thousands of streamlined filings. There is nothing (not a jot) in your statement that should cause concern (or indeed require a lawyer).
Now we have calmed down a lot, this is what we’re thinking too. Thanks
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Old Jul 22nd 2019, 11:49 am
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by durham_lad

Am I correct in understanding that the FBARs are best filed after the delinquent tax returns are filed to avoid any FBAR penalty as one can state that they have paid any taxes due on the accounts being reported.
You have to declare on the SDO that you have filed any necessary FBARs and stated when filing that you were doing so as part of the SDO
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Old Jul 22nd 2019, 11:54 am
  #21  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by morpeth
i am not sure calling IRS a great idea , i would suggest a tax lawyer or even an accountant who handles expat returns. ​​​​​​i would avoid doing yourelf
As I said, we are happy to use a lawyer if necessary. We’ve worked our we owe less than $100 in back taxes (plus the 5% penalty, of course). Would it be worth employing a lawyer for that?
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Old Jul 22nd 2019, 12:30 pm
  #22  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by WorriedMary


You have to declare on the SDO that you have filed any necessary FBARs and stated when filing that you were doing so as part of the SDO
Right, thanks for the explanation, that makes sense that they are both done as part of SDO.
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Old Jul 22nd 2019, 4:02 pm
  #23  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by WorriedMary


As I said, we are happy to use a lawyer if necessary. We’ve worked our we owe less than $100 in back taxes (plus the 5% penalty, of course). Would it be worth employing a lawyer for that?
Only if you think you have criminal exposure. Were the undeclared amounts the proceeds of crime?
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Old Jul 22nd 2019, 4:16 pm
  #24  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by Cook_County
Only if you think you have criminal exposure. Were the undeclared amounts the proceeds of crime?
No, they were small amounts of interest on monies earned legally and saved over a period of years before we moved to the US. Thanks, CC.
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Old Jul 23rd 2019, 1:52 am
  #25  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by WorriedMary


No, they were small amounts of interest on monies earned legally and saved over a period of years before we moved to the US. Thanks, CC.
The best advice in this thread is going to the IRS direct and seeing an agent and asking what to do (Glasgow Girl).
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Old Jul 23rd 2019, 5:15 am
  #26  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by jeepster
The best advice in this thread is going to the IRS direct and seeing an agent and asking what to do (Glasgow Girl).
I would avoid talking to IRS, for peace of mind talk to tax attorney or even just an accountant who specializes in Expat taxes. File the returns and let your representative handle any correspondence.
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Old Jul 23rd 2019, 10:07 am
  #27  
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Thanks to everyone who has replied to this, both here and in DMs, you have really helped us.

We filled in the SDOP forms last night and we owe a grand total of $27 in back taxes. This weekend we’re going to check over the forms, file any outstanding FBARs then mail off the forms with a cheque for the taxes and the 5% penalty and hopefully that will be that. We don’t expect to hear anything back from the IRS as apparently they don’t usually enter into correspondence over SDOP filing.

Once again, thanks for all you help. It’s been invaluable at what was a scary time for us.
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Old Jul 23rd 2019, 3:30 pm
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Default Re: Failed to declare foreign bank accounts and file FBAR. Now what?

Originally Posted by WorriedMary
Thanks to everyone who has replied to this, both here and in DMs, you have really helped us.

We filled in the SDOP forms last night and we owe a grand total of $27 in back taxes. This weekend we’re going to check over the forms, file any outstanding FBARs then mail off the forms with a cheque for the taxes and the 5% penalty and hopefully that will be that. We don’t expect to hear anything back from the IRS as apparently they don’t usually enter into correspondence over SDOP filing.

Once again, thanks for all you help. It’s been invaluable at what was a scary time for us.
Good job, I'm sure that is a lot off your mind.
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