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Likewise, the Form 5471 can be highly complex, with the IRS estimating the time for completion at around 30 hours. Kunal helped us with a successful streamlined filing disclosure of foreign assets. He came across as very knowledgeable and answered all our questions…He was efficient and quick in completing the process after we had put together all our documentation. An interest in a social security, social insurance, or other similar program of a foreign government is not a specified foreign financial asset. Unlike many expat tax matters, the filing requirements leave little guess work.<br><br>If you file with online software such as TurboTax and are required to file Form 8938, it will usually be included automatically when the software determines that you need it. The threshold filing requirements vary based on whether a person is filing as single, separate or married filing jointly, and whether the person files as a U.S. resident or foreign resident. While the FBAR carries the stiffest penalty and has a low threshold requirement for reporting, the form is not too overwhelming, if you can avoid these common mistakes.<br><br>FATCA may cause fund managers to deal differently with American clients if it goes through congress unchanged. It is in the best interest of international financial institutions that the initiative will be adjusted in such a way that fund managers can continue to work with American clients.<br><br>Instead, your invoice will be sent after your return has been drafted. This gives you the chance to work with our system, our process, your accountant, and be completely satisfied with all these things before you have to address your invoice.<br><br>Married individual filing jointly with assets valued at more than $400,000 on the last day of the tax year, or more than $600,000 at any time during the year. Married individual filing jointly with assets valued at more than $100,000 on the last day of the tax year, or more than $150,000 at any time during the year. Understanding your expat tax obligations is key to avoiding a problem with the IRS, so below we’ll dive into the FBAR and FATCA filing requirements for Americans abroad. If you’re unsure which tax documents you need to file or haven’t filed taxes in a few years, it’s always best to trust your taxes to an expat tax professional. However, if you do own foreign real estate in a business entity such as a Sociedad Anonima, then the business entity must be reported.<br><br>If required, you must file Form 8938 with your annual tax return by Tax Day, which is usually April 15. If you own any foreign assets and have any doubt about whether you need to file Form 8938, consult a tax professional. To file Form 8938, you can fill out a physical copy and mail it with the rest of your tax return and tax payment by the annual federal tax filing deadline. You can also e-file Form 8938 with the rest of your electronic tax return. You can e-file Form 8938 with the rest of your annual tax return using your tax filing software of choice.<br><br>The FBAR has been around for 50 years, but with the introduction of FATCA, FBAR enforcement has been amplified. Persons to report Foreign Accounts to report their offshore accounts to the IRS. is for foreign assets, and the form requirements overlap — they are not mutually exclusive. Regarding the FORM 8938, there have been so many intricacies with respect to income tax return filing and compliance with federal tax laws. Although there are many tax preparation firms available, we pride ourselves in offering a service that is a cut above the rest.<br><br>The IRS reports that identity thieves are using fraudulent compliance requests as a "phishing" ruse to obtain sensitive account-holder information. As of April 2015, more than 150,000 financial institutions throughout the world were storing social security numbers and asset values of US citizens. Previously, there had been few reliable estimates for the additional cost burden to the U.S. Internal Revenue Service, although it seems certain that the majority of the cost seems likely to fall on the relevant financial institutions and foreign tax authorities who have signed intergovernmental agreements. The FATCA bill approved 800 additional IRS employees (cost estimated to be $40 – $160 million per year).<br><br>Beneficiaries and personal representatives that have financial interest in or signature authority over a foreign account in an estate must check the appropriate boxes on Part III of Schedule B. Do you have a financial account at a foreign branch of a U.S. financial institution? If so, you do not need to file FATCA Form 8938, but you do need to file an FBAR.<br><br>If you own any foreign assets, find out if you need to file IRS Form 8938 with the Expat tax preparation experts at H&R Block. Officially called your Statement of Specified Foreign Financial Assets, Form 8938 one of the forms expats use to tell the IRS about financial assets they hold abroad. The expansion of Form 8938 is just one example of a number of new reporting requirements that are reshaping the U.S. tax compliance horizon.<br><br>Everything is clearly detailed in the section "Form 8938 instructions" on the IRS website. These details include relevant dates, asset types, account types and thresholds. The penalty for failing to file Form 8938 is USD 10,000, with an additional penalty up to $50,000 for continued failure to file after IRS notification. A 40% penalty on any understatement of tax attributable to non-disclosed assets can also be imposed and special statute of limitation rules apply. If you are not required to file a tax return, you do not need to file Form 8938.<br><br>If an FFI holds the account, then you need to file both Form 8938 and an FBAR. No matter how complicated your U.S. tax return is, there's an expat tax expert ready to help.<br><br>Depending on the facts and circumstances of the ownership, it may be reported on form 8938, or it may be required to be reported on a much more comprehensive form such as a or 8865 . With the FBAR, if the individual’s name is identified anywhere with the account, they typically have to file. Alternatively, with the FATCA Form 8938, a person must have an interest in the asset. Therefore, if a person just has signature authority or otherwise has no real interest in the asset, they may not have to file form. Typically, for FATCA compliance, the only form that is required to be filed by the Individualis a form 8938 (although additional forms may be necessary such as Form 720, or filing a form 3520, 5471, or 8621 in lieu of Form 8938).<br><br>It may be illegal in foreign jurisdictions for financial institutions to disclose the required account information. There is a controversy about the appropriateness of intergovernmental agreements to solve any of these problems intellectually spearheaded by Allison Christians. Many EU countries require banks to open accounts for applicants . FATCA's mechanism to close bank accounts if FATCA demands are not met violates such laws (see insättnings garanti in Sweden). New FATCA IGA requirements demand that banks shall not open accounts for U.S. persons or accounts for non-U.S.<br><br>We generate the invoice when the draft return has been uploaded to your secure file, and we ask that you pay the invoice within 5 business days. Once you have approved your draft return and paid the invoice, your final tax return will be uploaded to your secure file. If we are able to e-file your return, we will do so, but if we are unable to e-file, you will need to print, sign, and mail in your tax return.<br><br>You can now decide for yourself, which form you need to file when it comes to Foreign Financial Assets reporting. Failing to file FABR non-willingly results in a fine of $10,000.<br><br>And the penalty for willful non-filing results in a fine of $100,000 or 50% of the balance in the accounts. Form 8938 must be filed along with your annual federal tax return.<br><br>Just be sure to do it by the tax deadline, unless you file an extension. You can download Form 8938 from the IRS website or get one from your accountant. You can also find most IRS tax forms at many libraries, post offices, grocery stores, office supply stores, and print centers.<br><br>When it comes to the FBAR, a person has to file the form whether or not they have ownership of the money. For example, if they are a joint owner of the account and/or have signature authority, they still have to file and report the account. These are two very important forms, but as an individual you only complete one. The reason it is included with the FATCA Letter, is to put the foreign financial Institution on notice of your status for submission to the IRS if necessary.<br><br>All our prices are listed openly for you to review and understand before you engage with us. When we prepare your returns, we want you to be 100% satisfied before you pay anything!<br><br>Thus, if the total financial value of accounts exceeds $10,000 it must be reported. American expats must file the FBAR form 114 and FATCA 8938 by a due date to avoid penalties. If you have additional questions, please contact expat CPAs and EAs at Artio Partners. The extension is available for those who qualify for an extension on their US expat tax return and Form 8938. When completing FBAR Form 114 , the highest balance of all monthly account statements is required with account details like account number, the financial institution and other account holders if they are associated with those accounts.<br><br>With clients in 217 countries and territories, our team of accountants has prepared thousands of tax returns and special forms for our clients. The fee to file Form 8938 includes reporting of up to 5 accounts. If there are more than 5 accounts to report, there is an additional fee of $50 for each additional 5 account block. Specified foreign assets would include your foreign bank accounts, but not assets such as your home. Our firm specializes exclusively in international tax, and specifically IRS offshore disclosure.<br><br>While there are reporting thresholds based on the value of the accounts, bear in mind that you need to report your account regardless if it makes money or not. Patel Law Offices is a law firm dedicated to helping clients resolve complicated tax, criminal tax, and international tax problems. Our firm assists clients and their advisors to legally disclose foreign accounts. There is a large amount of overlap between the FBAR and FATCA reporting requirements but not all of the terminology and definitions are the same, resulting in substantial confusion. The majority of people who require FATCA compliance will also require FBAR, but many FBAR filers do not have to file FATCA.<br><br>We offer a customer portal – the Greenback Tax Companion – that was built 100% by customer feedback. We do our best to make the US expat tax filing process as simple as possible for you, starting with not making you do all of the calculations or fill out endless forms.<br><br>persons if the individual refuses to declare U.S.-person status upon bank account applications. For the 2014 tax year, National Bank of Canada Inc. issued 1099's for investments to US residents that only covered the 6 months prior to FATCA. With a 1099 in hand, many residents filed income taxes not knowing the 1099 was incomplete.<br><br>Thus, simply stated, Form 8938 quiet disclosure and Form 8938 silent disclosure doesn’t work. This is because the IRS’ data systems often automatically assesses penalties for late-filed or amended Forms 8938. All of this occurs without the substantive involvement of an actual human IRS employee. As an example of the enormous potential size of Form 8938 penalties, consider a US person who had a Form 8938 reporting obligation since 2011, the first year of the Form’s existence. The Form 8938 statute of limitations typically expires 3 years from that April 15th date – or the later date if the due date of the tax return was timely extended.<br><br>AtExpat Tax Professionals, we pride ourselves on closely monitoring the legislative changes that affect both individuals and entities with U.S. tax filing obligations. This allows us to provide our clients with the very best tax services and solutions. If you own foreign assets, you may also be required to file the FBAR separately with the Treasury Department.<br><br>The current penalty for non-willful failure to file is $10,000. A willful failure to file penalty is the greater of $100,000 or 50% of the account balances. While both forms may seem to be collecting the same information, there are some subtle – and not so subtle – differences of which every taxpayer needs to be aware. The requirement to file one form does not automatically mean you are required to file the other. The differences and similarities between Form 8938 and FBAR are highlighted below.<br><br>If you are out of compliance for having not filed the current year and/or prior-year returns and 8938’s, you could be subject to some pretty hefty fines and penalties. With that said, the IRS has approved certain offshore voluntary disclosure programs which can be used to significantly reduce or abate the penalties. However, if you do own foreign real estate in a business entity such as aSociedad Anonima, then the business entity must be reported. Alternatively, with the FATCA Form 8938, a person must have aninterest in the asset.<br><br>All of our accountants are US CPAs or IRS Enrolled Agents with extensive and specific experience with expatriate taxation. Your accountant will work with you to prepare your return and answer any questions you have before, during, and after your return has been prepared.<br><br>When you moved overseas, you probably established new roots by doing things like renting an apartment, taking out health insurance, or opening a bank account. Well, if you opened a bank account or acquired any financial assets overseas, the IRS wants to know about it. That’s where the Foreign Account Tax Compliance Act, or FATCA, comes in. If you need assistance with any unfiled or misfiled foreign reporting forms, contact us.<br><br>Subsequent years without 1099's leave residents guessing whether their dividends are 'qualified' for tax purposes. Due to the costs and complexity of implementing this legislation, many banks have been excluding US persons from holding financial accounts at their institutions. These closures, based upon nationality, have not been halted by government authorities.<br><br>According to a TIGTA report, the cost to develop the FATCA XML data website is $16.6 million (which is $2.2 million over the budgeted amount). FATCA was the revenue-raising portion of the 2010 domestic jobs stimulus bill, the Hiring Incentives to Restore Employment Act, and was enacted as Subtitle A of Title V of that law. FATCA has also been criticised for its impacts on Americans living overseas, and implicated in record-breaking numbers of U.S. citizenship renunciations throughout the 2010s. The IRS is increasingly aware of late or amended Form 8938 filings and has programmed its data management systems to assess penalties for late filings which contain no explanation of why the IRS shouldn’t assess the penalty.<br><br>Call us at or email Any information you share will be kept confidential. 26 U.S.C.§ 871; dividends such as those paid by a U.S. corporation became "U.S. source" and therefore subject to the 30% withholding tax for foreign payees. The previous method had reclassified these payments as income derived from the country of residence of the foreign payee and therefore no U.S. taxes were due.<br><br>The 15th is also the FBAR deadline for US expats; however, there is an automatic extension until the October 15th deadline. Up to $10,000 for failure to disclose and an additional $10,000 for each 30 day period of non-filing for a potential maximum penalty of $60,000. Criminal penalties may also apply.Civil monetary penalties are adjusted annually for inflation.<br><br>Get started with Virtual Expat Tax Preparation from H&R Block Expat Tax Services. Before implementation, the U.S. government discovered that they were losing billions of dollars in tax revenue per year thanks to U.S. taxpayers stashing cash in overseas banks and other financial institutions. To combat this, the U.S. drafted legislation—the Foreign Account Tax Compliance Act—that would require other countries to disclose any financial accounts held by Americans abroad.<br><br>In fact, the threshold requirements for reporting are much higher when you reside abroad . Person has more than $10,000 in annual aggregate total in foreign accounts on any day the year, they are reported to report that information annually on an FBAR. Each of these two forms are different, and each form has different reporting requirements. All married persons that had $150,000 worth of foreign assets in a fiscal year or that still hold foreign assets worth $100,000 at the end of the fiscal year. US expats receive an automatic extension until June 15th to file their US taxes; note that taxes are due on April 15th, and interest will be applied if taxes are not paid by April 15th.<br><br>Many expats aren’t aware though what exactly these additional reporting requirements involve, and in particular the difference between FBAR and FATCA reporting,  iwtas.com or Form 114 vs 8938. They're not going after billionaires --- billionaires tend to have political clout and monstrously large legal teams behind them.<br><br>However, these non-beneficial interest scenarios would not be reportable on the Form 8938. Failing to file the Form 8938 exposes you to enormous penalties. Form 8938 penalties begin at $10,000 per violation, and as of the 2018 reporting year, individuals who have been required to file this Form since 2011 face penalties of $80,000. This form is not filed directly with a tax return, but is a separate form that is filed electronically directly to the Department of Treasury. Even before FATCA, there was in IRS rule and requirement to file and report U.S. foreign accounts called FBAR Reporting .
Failure to file, or filing your tax forms incorrectly, affects the statue of limitations that the IRS has to audit you. If you fail to file Form 8938 or report a specified foreign financial asset that you are required to report, the statute of limitations for the tax year may remain open for all or a part of your income tax return until three years after the date on which you file Form 8938. If you do not include in your gross income an amount that relates to one or more specified foreign financial assets, and the amount you omit is more than $5,000, any tax you owe for the tax year can be assessed at any time within six years after you have filed your return. Specified individuals who own specified foreign financial assets, the value of which exceed the applicable reporting threshold, are required to complete Form 8938 as part of their income tax returns. Specified individuals include U.S. citizens, U.S. resident aliens for any part of the year, nonresident aliens who make an election to be treated as residents for joint filing purposes, and nonresident aliens who are bona fide residents of American Samoa or Puerto Rico.<br><br>Rather, if the bank believes that the customer is at all possibly a US person, they may simply send the account holder information to the IRS without giving the customer any notice. As a result, we are finding that many people are out of compliance for FATCA Reporting and in harm’s way — without even knowing about it.<br><br>The maximum penalty in non-willful nondisclosure is $50,000 per tax return. As of January 2013, only individuals are required to report their foreign financial assets. At a later time, a limited set of U.S. domestic entities also may have to report their foreign financial assets, but not for tax years starting before 2013. There are some exceptions to the requirement that you file Form 8938. For example, if you do not have to file a U.S. income tax return for the year, then you do not have to file Form 8938, regardless of the value of your specified foreign financial assets.<br><br>If you have a financial interest in or signatory authority over an offshore financial account, you must report the account on an FBAR (Form 114 (formerly TD F 90-22.1)), regardless of your obligation to file Form 8938. Certain foreign financial accounts are reported on both Form 8938 and the FBAR. However, the information required by the forms is not identical in all cases.<br><br>Also, if you report interests in foreign entities and certain foreign gifts on other forms,  totalization agreement you may just list the submitted forms on Form 8938, without repeating the details. For most American expats, the annual filing of their U.S. tax return is not the real issue to worry about - \ it's the required disclosure reporting! Some of the most draconian IRS penalties are associated with the non-filing or incorrect filing of the various disclosure reports that you need to file if you hold foreign investments, foreign bank accounts, or foreign business interests.<br><br>Our attorneys have worked with thousands of clients on offshore disclosure matters, including FATCA & FBAR. If you missed the FATCA Reporting Requirements, the IRS has developed various amnesty programs to assist you with compliance. Some of these programs including the IRS Voluntary Disclosure Program and the Streamlined Filing Compliance Procedures. The IRS can issue penalties for Penalties for failing to comply with the FATCA Filing Requirements.<br><br>Signed into law in 2010, the purpose of FATCA is to combat tax evasion in the wake of the financial crisis of 2008, as part of the HIRE Act. For details on what these thresholds are, please read our previous blogs on the subject. For now, we will focus on the financial and legal ramifications of FATCA for those entities and people who are required to report.<br><br>If you are not married, you satisfy the reporting threshold only if the total value of your specified foreign financial assets is more than $200,000 on the last day of the tax year or more than $300,000 at any time during the tax year. If you are married and you and your spouse file a joint income tax return, you satisfy the reporting threshold only if the total value of your specified foreign financial assets Example.<br><br>This section is very important, as there are serious penalties for failing to report foreign financial assets. If you are unsure if you fall under the classification of people who should file Form 8938, it is wise to consult and international tax law specialist. U.S. taxpayers holding foreign financial assets worth at least $50,000 in aggregate value must file Form 8938. In 2010, the United States created a federal law to combat foreign asset tax evasion called the Foreign Account Tax Compliance Act .<br><br>If you make a showing that any failure to disclose is due to reasonable cause and not due to willful neglect, no penalty will be imposed for failure to file Form 8938, however. If you receive a distribution from a foreign trust or foreign estate, however, you are considered to have knowledge of your interest in the trust or estate.<br><br>You may have to file additional forms to Form 8938 regarding foreign assets. These can include FinCEN Form 114, Report of Foreign Bank and Financial Accounts.<br><br>He worked patiently, efficiently and in professional manner in resolving overseas taxes. You must convert the maximum account value for each account into United States dollars using the Treasury year-end exchange rate.<br><br>The other significant form of noncompliance is non-willful noncompliance, meaning that there was no intent on the part of the individual filing to hide the specified foreign financial assets in question from the IRS. And while these penalties are not as harsh, they can pile up very quickly. The penalty for non-willful nondisclosure of specified foreign financial assets under FATCA is $10,000 per year for every year of nondisclosure up to the six-year limit. However, there are additional penalties for a failure to file Form 8938 — this is a separate penalty from filing the form while participating in non-willful nondisclosure. This is not where the penalties for non-willful nondisclosure end, though.<br><br>FFIs that do not comply with FATCA will face a 30% withholding of their own from U.S.-source income. This is a steep penalty to pay for many FFIs that do regular business with U.S.-based individuals and entities. The Foreign Account Tax Compliance Act is a key provision of U.S. international tax law.<br><br>This comparison tablewill help you figure out whether you need to file Form 8938, the FBAR, or both. You may also have to file FinCEN Form 114, Report of Foreign Bank and Financial Accounts . Financial institutions and host country tax authorities can transmit and exchange FATCA data with the United States. Search and download a monthly list of approved foreign institutions that have a Global Intermediary Identification Number . Mr. Kunal Patel is a very competent tax attorney handling FATCA and overseas taxation.<br><br>FATCA reporting applies to U.S. taxpayers and depends on a monetary threshold of foreign financial assets. Internal Revenue Service Form 8938 is used to report these financial assets and is filed together with individual annual tax filings.<br><br>Different rules, key definitions (for example, "financial account"), and reporting requirements apply to Form 8938 and FBAR reporting. Because of these differences, certain foreign financial accounts may be reported on one but not both forms. A chart comparing Form 8938 and FBAR filing requirements is available at Comparison of Form 8938 and FBAR Requirements. You are married filing separate income tax returns and the total value of your specified foreign financial assets is more than $50,000 on the last day of the tax year or more than $75,000 at any time during the tax year. For purposes of calculating the value of your specified foreign financial assets in applying this threshold, include one-half the value of any specified foreign financial asset jointly owned with your spouse.<br><br>However, report the entire value on Form 8938 if you are required to file Form 8938. You are married and filing a joint income tax return and the total value of your specified foreign financial assets is more than $400,000 on the last day of the tax year or more than $600,000 at any time during the year. Married individuals who file a joint income tax return for the tax year will file a single Form 8938 that reports all of the specified foreign financial assets in which either spouse has an interest. This makes it very difficult for FFIs to hide the assets of their foreign payees, and requires them to withhold 30% of specific payments to payees that are noncompliant with FATCA.<br><br>Don't risk losing your hard-earned international financial accounts to IRS penalties, work with a tax professional experienced in the international reporting requirements. Find out whether you need to file a Report of Foreign Bank and Financial Accounts , Form 8938 under the Foreign Account Tax Compliance Act , or both.<br><br>We represented a high-net-worth client to facilitate a complex expatriation with offshore disclosure. We are the "go-to" firm for other Attorneys, CPAs, Enrolled Agents, Accountants, and Financial Professionals across the globe.

Revision as of 18:34, 13 July 2021

Failure to file, or filing your tax forms incorrectly, affects the statue of limitations that the IRS has to audit you. If you fail to file Form 8938 or report a specified foreign financial asset that you are required to report, the statute of limitations for the tax year may remain open for all or a part of your income tax return until three years after the date on which you file Form 8938. If you do not include in your gross income an amount that relates to one or more specified foreign financial assets, and the amount you omit is more than $5,000, any tax you owe for the tax year can be assessed at any time within six years after you have filed your return. Specified individuals who own specified foreign financial assets, the value of which exceed the applicable reporting threshold, are required to complete Form 8938 as part of their income tax returns. Specified individuals include U.S. citizens, U.S. resident aliens for any part of the year, nonresident aliens who make an election to be treated as residents for joint filing purposes, and nonresident aliens who are bona fide residents of American Samoa or Puerto Rico.

Rather, if the bank believes that the customer is at all possibly a US person, they may simply send the account holder information to the IRS without giving the customer any notice. As a result, we are finding that many people are out of compliance for FATCA Reporting and in harm’s way — without even knowing about it.

The maximum penalty in non-willful nondisclosure is $50,000 per tax return. As of January 2013, only individuals are required to report their foreign financial assets. At a later time, a limited set of U.S. domestic entities also may have to report their foreign financial assets, but not for tax years starting before 2013. There are some exceptions to the requirement that you file Form 8938. For example, if you do not have to file a U.S. income tax return for the year, then you do not have to file Form 8938, regardless of the value of your specified foreign financial assets.

If you have a financial interest in or signatory authority over an offshore financial account, you must report the account on an FBAR (Form 114 (formerly TD F 90-22.1)), regardless of your obligation to file Form 8938. Certain foreign financial accounts are reported on both Form 8938 and the FBAR. However, the information required by the forms is not identical in all cases.

Also, if you report interests in foreign entities and certain foreign gifts on other forms, totalization agreement you may just list the submitted forms on Form 8938, without repeating the details. For most American expats, the annual filing of their U.S. tax return is not the real issue to worry about - \ it's the required disclosure reporting! Some of the most draconian IRS penalties are associated with the non-filing or incorrect filing of the various disclosure reports that you need to file if you hold foreign investments, foreign bank accounts, or foreign business interests.

Our attorneys have worked with thousands of clients on offshore disclosure matters, including FATCA & FBAR. If you missed the FATCA Reporting Requirements, the IRS has developed various amnesty programs to assist you with compliance. Some of these programs including the IRS Voluntary Disclosure Program and the Streamlined Filing Compliance Procedures. The IRS can issue penalties for Penalties for failing to comply with the FATCA Filing Requirements.

Signed into law in 2010, the purpose of FATCA is to combat tax evasion in the wake of the financial crisis of 2008, as part of the HIRE Act. For details on what these thresholds are, please read our previous blogs on the subject. For now, we will focus on the financial and legal ramifications of FATCA for those entities and people who are required to report.

If you are not married, you satisfy the reporting threshold only if the total value of your specified foreign financial assets is more than $200,000 on the last day of the tax year or more than $300,000 at any time during the tax year. If you are married and you and your spouse file a joint income tax return, you satisfy the reporting threshold only if the total value of your specified foreign financial assets Example.

This section is very important, as there are serious penalties for failing to report foreign financial assets. If you are unsure if you fall under the classification of people who should file Form 8938, it is wise to consult and international tax law specialist. U.S. taxpayers holding foreign financial assets worth at least $50,000 in aggregate value must file Form 8938. In 2010, the United States created a federal law to combat foreign asset tax evasion called the Foreign Account Tax Compliance Act .

If you make a showing that any failure to disclose is due to reasonable cause and not due to willful neglect, no penalty will be imposed for failure to file Form 8938, however. If you receive a distribution from a foreign trust or foreign estate, however, you are considered to have knowledge of your interest in the trust or estate.

You may have to file additional forms to Form 8938 regarding foreign assets. These can include FinCEN Form 114, Report of Foreign Bank and Financial Accounts.

He worked patiently, efficiently and in professional manner in resolving overseas taxes. You must convert the maximum account value for each account into United States dollars using the Treasury year-end exchange rate.

The other significant form of noncompliance is non-willful noncompliance, meaning that there was no intent on the part of the individual filing to hide the specified foreign financial assets in question from the IRS. And while these penalties are not as harsh, they can pile up very quickly. The penalty for non-willful nondisclosure of specified foreign financial assets under FATCA is $10,000 per year for every year of nondisclosure up to the six-year limit. However, there are additional penalties for a failure to file Form 8938 — this is a separate penalty from filing the form while participating in non-willful nondisclosure. This is not where the penalties for non-willful nondisclosure end, though.

FFIs that do not comply with FATCA will face a 30% withholding of their own from U.S.-source income. This is a steep penalty to pay for many FFIs that do regular business with U.S.-based individuals and entities. The Foreign Account Tax Compliance Act is a key provision of U.S. international tax law.

This comparison tablewill help you figure out whether you need to file Form 8938, the FBAR, or both. You may also have to file FinCEN Form 114, Report of Foreign Bank and Financial Accounts . Financial institutions and host country tax authorities can transmit and exchange FATCA data with the United States. Search and download a monthly list of approved foreign institutions that have a Global Intermediary Identification Number . Mr. Kunal Patel is a very competent tax attorney handling FATCA and overseas taxation.

FATCA reporting applies to U.S. taxpayers and depends on a monetary threshold of foreign financial assets. Internal Revenue Service Form 8938 is used to report these financial assets and is filed together with individual annual tax filings.

Different rules, key definitions (for example, "financial account"), and reporting requirements apply to Form 8938 and FBAR reporting. Because of these differences, certain foreign financial accounts may be reported on one but not both forms. A chart comparing Form 8938 and FBAR filing requirements is available at Comparison of Form 8938 and FBAR Requirements. You are married filing separate income tax returns and the total value of your specified foreign financial assets is more than $50,000 on the last day of the tax year or more than $75,000 at any time during the tax year. For purposes of calculating the value of your specified foreign financial assets in applying this threshold, include one-half the value of any specified foreign financial asset jointly owned with your spouse.

However, report the entire value on Form 8938 if you are required to file Form 8938. You are married and filing a joint income tax return and the total value of your specified foreign financial assets is more than $400,000 on the last day of the tax year or more than $600,000 at any time during the year. Married individuals who file a joint income tax return for the tax year will file a single Form 8938 that reports all of the specified foreign financial assets in which either spouse has an interest. This makes it very difficult for FFIs to hide the assets of their foreign payees, and requires them to withhold 30% of specific payments to payees that are noncompliant with FATCA.

Don't risk losing your hard-earned international financial accounts to IRS penalties, work with a tax professional experienced in the international reporting requirements. Find out whether you need to file a Report of Foreign Bank and Financial Accounts , Form 8938 under the Foreign Account Tax Compliance Act , or both.

We represented a high-net-worth client to facilitate a complex expatriation with offshore disclosure. We are the "go-to" firm for other Attorneys, CPAs, Enrolled Agents, Accountants, and Financial Professionals across the globe.

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