jjmadison

Went through K1 visa and came to USA and married USC March 2010 received LPR green card Dec 2010 which expires 2 years hence. My wife submitted joint tax return in March this year (I am now OAP with bank accounts in UK exceeding the $10k threshold. I have a SSN but have never worked in the USA)
I came back to UK in March for a holiday and within days my wife emailed to say not to return and wanted a divorce!! Marriage is certainly over. I am NOW a permanent UK resident, having informed the UK Inland Revenue/paying local council tax etc.
I received word this week from her accountant re FBAR asking if I needed to submit a return by month end. As I never intend to return to the US and will allow the green card to lapse, what are my legal requirements in respect of reporting UK bank holdings, please? could I assume nothwithstanding I have a LPR status but now back in UK I my banking is not classed as "foreign assets" because I now live in UK
Does anyone out there have any knowledge of similar circumstances. Thanks.

penguinsix

Just file.

You are not going to formally renounce your green card by the end of the month, and even if you did the report is for assets held as of 12/31/10, at which time you were still in the USA. It isn't for assets held as of the end of this month (in which you are living abroad).

Is your divorce even finalized? Does your ex- having signing authority or another interest in the accounts (she might have to file too). There are also special situations in which some green card holders are required to continue filing US tax returns AFTER they leave the US and abandon their green card (just because the immigration people know you are gone, doesn't necessarily mean the IRS accepts that you are gone--seriously). You may need to look into these.

http://britishexpats.com/wiki/Green_Card_Abandonment

The FBAR needs to be received (yes, received) in the Detroit office by June 30, i.e. 10 days from now, which means you probably need to FEDEX or something. Given all the chaos and what not, just get it out of the way now and deal with all the other stuff in a normal order. Last thing you want is a jerk attorney working for her ratting you out to the IRS, which has both civil and criminal penalties for failure to file an FBAR.

Just file it for now and move on.

Good luck.

p.s. did she tick the box on her tax return saying she would have an FBAR filing?

ian-mstm

Why should you even care what her accountant wants? As Khan said, "let them eat static".


Ever? Even as a visitor?


While the easiest thing to do is simply file as penguinsix suggests, I suggest that the question of whether or not to file depends on your answer to the question posted above!

Ian

jjmadison

At the present time and I do not think I will change my view I do NOT intend returning there. I am conscious of the huge penalties they can impose and I simply want to do the right thing in law and morally.
Thanks for everyones help. I realise I am only days away and need to get cracking quickly

The PDF can it be completed in ink after downloading?... it provides on 1st page 7 lines for banks.. I have 4 a/c at 1 bank and the way I read it EVERY account needs listing? with a total of 9 individual a/c s is it possible to download extra pages?
any assistance gratefully received. Life is so upside down now with the email from her starting again here etc...

Ray

Tell them all to sod off ... they cant touch you

robin1234

You can print the pdf and fill it in with a pen.. but, it is a "fillable" pdf so you can type in your entries. I always find that easier. Simply save it locally after filling it out (hard drive etc.) and then print it, then all you need to do is sign it. Yes, you can download extra pages (I think there is text on the form that asks you to do that if necessary.) Should be an easy form for you to fill out, good luck & get it in ASAP!!