U.S. taxpayers living abroad are required to disclose their assets to the IRS and may owe U.S. tax on it. If you have failed to report offshore assets, there are several options to bring yourself into compliance. One method is called the Streamlined Foreign Offshore Procedure.

Contact an offshore disclosure attorney at Pontius Tax Law, PLLC for help resolving tax controversies. Our Alexandria streamlined foreign offshore procedure lawyer, and team of former Revenue Officers and Enrolled Agents, have first-hand experience navigating complex tax law issues. We can help you efficiently resolve your tax issues regarding foreign-held financial assets.

U.S. Taxpayers Must Disclose Foreign Assets

If you are a U.S. citizen or permanent resident, you must report your worldwide income to the IRS every year, even if you live outside the country. Additionally, if any foreign bank account has a balance of $10,000 or more at any time in the reporting year, you must file a Report of Foreign Bank and Financial Account (FBAR) for that tax year.

Many U.S. taxpayers are unaware of these rules and may fail to file tax returns when living abroad. Alternatively, sometimes U.S. taxpayers file returns timely but do not properly report their foreign assets. Either of these errors could lead to IRS enforcement action, but our Alexandria attorney could help you resolve the matter through the use of the streamlined foreign offshore procedures.

Who Can Use the Streamlined Procedure?

Only individual taxpayers and the estates of individuals can use the streamlined procedures. However, you cannot use this method to come into compliance if you are currently being audited. The option is not available for businesses.

The streamlined procedures allow individuals and estates to disclose previously unreported assets held offshore and file delinquent or amended tax returns concerning these assets. If you owe tax on these assets, you can pay the delinquent tax through this process.

Using the streamlined foreign offshore procedure requires you to certify that your non-compliance was not willful. The IRS considers conduct non-willful if it is the result of a mistake or a good-faith misunderstanding of the legal requirements. If you believe the IRS may consider your non-compliance with foreign asset disclosure laws willful, speak with our Alexandria attorney about other procedures that may be available to you.

How the Streamlined Foreign Offshore Process Works

You can use the foreign streamlined offshore procedures if you meet the substantial presence test. This means you must have spent no more than 31 days in the U.S. during the current tax year and no more than 183 days in the country over the preceding two years. Not every day that you were present in the U.S. over the three-year period will count, so it is best to work with an Alexandria attorney to determine whether you qualify to use the foreign streamlined offshore procedure.

The foreign offshore procedures require you to file delinquent or amended returns for the past three years and file FBARs for the preceding six years. You will not be subject to penalties unless the IRS later determines the non-compliance was willful.

Speak With an Alexandria Attorney About Participating in the Streamlined Offshore Procedure

If you have failed to properly report foreign financial assets or file tax returns while living abroad, you risk substantial penalties. Speak to an Alexandria streamlined foreign offshore procedures lawyer about resolving any delinquent tax returns or defective disclosures. Contact Pontius Tax Law, PLLC today to get started resolving your tax issues.