Tax/FATCA

Old Oct 7th 2015, 12:08 pm
  #16  
nun
BE Forum Addict
 
nun's Avatar
 
Joined: Aug 2004
Posts: 4,754
nun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond repute
Default Re: Tax/FATCA

Originally Posted by TaxRookie
I wasn't aware of the FBAR thing. I don't understand how the IRS can fine me for not declaring a bank account I had before I came to America. Surely the point of all this is to stop folks taking untaxed money out of the US?
US taxes on citizenship and residency. You must pay tax on your worldwide income. The FBAR is purely informational and even if you don't file it (which is a bad thing if you meet the criteria to require filing) you should still have included any foreign gains on your US tax return.
nun is offline  
Old Oct 7th 2015, 3:14 pm
  #17  
Just Joined
Thread Starter
 
Joined: Oct 2015
Posts: 25
TaxRookie is an unknown quantity at this point
Default Re: Tax/FATCA

Originally Posted by nun
If all the information you gave to your accountant included your UK account information then you should be compliant with US law, ie FBARs filed and US tax on UK income and assets paid. You need to ask your accountant what they did.

Is your ISA a cash or stocks and shares one? You also need to get the correct tax code with HMRC and stop tax being withheld at source so file R105 and P85
Unfortunately it never came up, and I didn't know to ask. My ISA is stocks and shares. I'll file the R105 and P85.
TaxRookie is offline  
Old Oct 7th 2015, 3:18 pm
  #18  
BE Forum Addict
 
Owen778's Avatar
 
Joined: Jan 2014
Location: Anchorage, AK, USA
Posts: 1,347
Owen778 has a reputation beyond reputeOwen778 has a reputation beyond reputeOwen778 has a reputation beyond reputeOwen778 has a reputation beyond reputeOwen778 has a reputation beyond reputeOwen778 has a reputation beyond reputeOwen778 has a reputation beyond reputeOwen778 has a reputation beyond reputeOwen778 has a reputation beyond reputeOwen778 has a reputation beyond reputeOwen778 has a reputation beyond repute
Default Re: Tax/FATCA

Originally Posted by TaxRookie
Unfortunately it never came up, and I didn't know to ask. My ISA is stocks and shares. I'll file the R105 and P85.
I'm afraid you're almost certainly going to have to pay additional tax on the profits from the ISA when you file your corrected return. The US does not recognise the tax-free status of ISAs.
Owen778 is offline  
Old Oct 7th 2015, 3:23 pm
  #19  
Just Joined
Thread Starter
 
Joined: Oct 2015
Posts: 25
TaxRookie is an unknown quantity at this point
Default Re: Tax/FATCA

Originally Posted by nun
You must pay tax on your worldwide income. you should still have included any foreign gains on your US tax return.
Yes I'm getting that. If I'd known to do that, I'd have just done it. It was very little revenue and because I was paying UK tax and my tax guy here dealt with my filing & never brought it up I am now kicking myself. Hindsight is a wonderful thing.
TaxRookie is offline  
Old Oct 7th 2015, 3:25 pm
  #20  
Just Joined
Thread Starter
 
Joined: Oct 2015
Posts: 25
TaxRookie is an unknown quantity at this point
Default Re: Tax/FATCA

Originally Posted by Owen778
I'm afraid you're almost certainly going to have to pay additional tax on the profits from the ISA when you file your corrected return. The US does not recognise the tax-free status of ISAs.
Goodness, this just gets worse and worse. However, if I owe the tax, I owe it. And I'll get it paid. Thanks again
TaxRookie is offline  
Old Oct 7th 2015, 4:47 pm
  #21  
Lost in BE Cyberspace
 
mrken30's Avatar
 
Joined: Jul 2008
Location: Portlandia Metro
Posts: 7,425
mrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond reputemrken30 has a reputation beyond repute
Default Re: Tax/FATCA

On the plus side, most ISA's were paying more interest than non ISAs . Also interest rates have not been great. I see that yours is a stocks and shares ISA, so maybe you did better. One suggestion I have is that I use Turbo Tax and employ a CPA then compare the two. Last year my new CPA had missed off property tax from one of my properties. They are only human and can make mistakes. Also it is not their neck on the line if they make a mistake. there are other options such as tax act, H & R block or even just the paper forms. I recommend that you atleast read the paper forms to check if you have missed anything else.
mrken30 is offline  
Old Oct 7th 2015, 9:08 pm
  #22  
BE Enthusiast
 
Joined: Nov 2012
Posts: 902
Cook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond repute
Default Re: Tax/FATCA

Originally Posted by mrken30
On the plus side, most ISA's were paying more interest than non ISAs . Also interest rates have not been great. I see that yours is a stocks and shares ISA, so maybe you did better. One suggestion I have is that I use Turbo Tax and employ a CPA then compare the two. Last year my new CPA had missed off property tax from one of my properties. They are only human and can make mistakes. Also it is not their neck on the line if they make a mistake. there are other options such as tax act, H & R block or even just the paper forms. I recommend that you atleast read the paper forms to check if you have missed anything else.
If you have any PFICs in your ISAs, TurboTax will not complete Forms 8621 and calculate PFIC taxes.
The domestic streamlined is not a bad outcome.
Cook_County is offline  
Old Oct 8th 2015, 12:35 am
  #23  
Just Joined
Thread Starter
 
Joined: Oct 2015
Posts: 25
TaxRookie is an unknown quantity at this point
Default Re: Tax/FATCA

Originally Posted by Cook_County
If you have any PFICs in your ISAs, TurboTax will not complete Forms 8621 and calculate PFIC taxes.
The domestic streamlined is not a bad outcome.
It's a hideous amount of money. I was saving to pay off my mortgage, plus pensions and old ISA etc..
TaxRookie is offline  
Old Oct 8th 2015, 1:09 am
  #24  
nun
BE Forum Addict
 
nun's Avatar
 
Joined: Aug 2004
Posts: 4,754
nun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond repute
Default Re: Tax/FATCA

Originally Posted by Cook_County
If you have any PFICs in your ISAs, TurboTax will not complete Forms 8621 and calculate PFIC taxes.
The domestic streamlined is not a bad outcome.
The PFIC taxes could be tricky if there are a few years of them.
nun is offline  
Old Oct 8th 2015, 1:37 am
  #25  
Just Joined
Thread Starter
 
Joined: Oct 2015
Posts: 25
TaxRookie is an unknown quantity at this point
Default Re: Tax/FATCA

Originally Posted by nun
The PFIC taxes could be tricky if there are a few years of them.
there are several years
TaxRookie is offline  
Old Oct 8th 2015, 4:04 am
  #26  
nun
BE Forum Addict
 
nun's Avatar
 
Joined: Aug 2004
Posts: 4,754
nun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond reputenun has a reputation beyond repute
Default Re: Tax/FATCA

Originally Posted by TaxRookie
there are several years
If you have things like investment trusts ie not individual shares, then you will have to complete form 8621 in amended returns because the are PFICs.

As long as you haven't made any contributions to UK pensions while in the US they are probably not an issue.
nun is offline  
Old Oct 8th 2015, 7:31 am
  #27  
BE Enthusiast
 
Joined: Nov 2012
Posts: 902
Cook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond reputeCook_County has a reputation beyond repute
Default Re: Tax/FATCA

Originally Posted by TaxRookie
It's a hideous amount of money. I was saving to pay off my mortgage, plus pensions and old ISA etc..
It's only 5% plus accounting fees. Much more pleasant than the alternatives. Presumably you will try & recover this cost entirely from the accountant who provided bad advice in previous years.
Cook_County is offline  
Old Oct 8th 2015, 8:08 am
  #28  
BE Forum Addict
 
Joined: Apr 2011
Location: The Shire
Posts: 1,117
theOAP has a reputation beyond reputetheOAP has a reputation beyond reputetheOAP has a reputation beyond reputetheOAP has a reputation beyond reputetheOAP has a reputation beyond reputetheOAP has a reputation beyond reputetheOAP has a reputation beyond reputetheOAP has a reputation beyond reputetheOAP has a reputation beyond reputetheOAP has a reputation beyond reputetheOAP has a reputation beyond repute
Default Re: Tax/FATCA

Originally Posted by Cook_County
The domestic streamlined is not a bad outcome.
Yes, it seems reasonable to think including a stack of PFIC forms in the filings might influence the method used for coming into compliance.

Nun has repeatedly warned of the dangers of not reviewing one's financial housekeeping prior to immigrating to the USA. The experience suffered in this thread should be an additional warning to others. I haven't reviewed the "stickies" for those contemplating a move to the US, but it seems a much more stronger warning might be made for the need for financial housekeeping prior to a move.
theOAP is offline  
Old Oct 8th 2015, 3:22 pm
  #29  
BE Forum Addict
 
Joined: Aug 2013
Location: Eee Bah Gum
Posts: 4,127
durham_lad has a reputation beyond reputedurham_lad has a reputation beyond reputedurham_lad has a reputation beyond reputedurham_lad has a reputation beyond reputedurham_lad has a reputation beyond reputedurham_lad has a reputation beyond reputedurham_lad has a reputation beyond reputedurham_lad has a reputation beyond reputedurham_lad has a reputation beyond reputedurham_lad has a reputation beyond reputedurham_lad has a reputation beyond repute
Default Re: Tax/FATCA

TurboTax was mentioned above and I also agree with that suggestion, or the free version of TaxAct. Your situation now is too complicated for either of those I think but by going through the interview section you will see the questions that your accountant should have been asking, particularly knowing that you are a Green Card holder so you may well have foreign income and/or foreign assets.
durham_lad is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.