by Fresh Start Tax | Aug 27, 2012 | FBAR, Tax Lawyer
With the advent of FBAR and the voluntary disclosure policies many taxpayers are on the cusp of a potential tax crime.
Much thought goes into the IRS pursuit of tax criminals. Obviously the IRS cannot pursue everyone so they pick and chose they victims carefully.
Much of the thought that goes into these cases will depend on the size of the case, the amount of tax owed, the willfulness of the intent, aspects of the deception and the possibility of conviction of the case and lastly, what is in the best interest of the U.S. government.
The Conviction rate is well in the favor of the U.S. government. As a general rule, they get there person historically about 90% of the time.
Each case is based on its own set of facts.
What is Voluntary Disclosure Practice of the IRS
It is currently the practice of the IRS that a voluntary disclosure will be considered along with all other factors in the investigation in determining whether criminal prosecution will be recommended.
Internal Practice of IRS
This voluntary disclosure practice creates no substantive or procedural rights for taxpayers, but rather is a matter of internal IRS practice, provided solely for guidance to IRS personnel.
Does not Guarantee Immunity
A voluntary disclosure will not automatically guarantee immunity from prosecution however a voluntary disclosure may result in prosecution not being recommended.
This practice does not apply to taxpayers with illegal source income.
When does Voluntary Disclosure Occur
A voluntary disclosure occurs when the communication is truthful, timely, complete, and when:
1. the taxpayer shows a willingness to cooperate (and does in fact cooperate) with the IRS in determining his or her correct tax liability; and
2. the taxpayer makes good faith arrangements with the IRS to pay in full, the tax, interest, and any penalties determined by the IRS to be applicable.
3. A disclosure is timely if it is received before:
4.. the IRS has initiated a civil examination or criminal investigation of the taxpayer, or has notified the taxpayer that it intends to commence such an examination or investigation;
5. the IRS has received information from a third party alerting the IRS to the specific taxpayer’s noncompliance;
6. the IRS has initiated a civil examination or criminal investigation which is directly related to the specific liability of the taxpayer; or
7. the IRS has acquired information directly related to the specific liability of the taxpayer from a criminal enforcement action (e.g., search warrant, grand jury subpoena).
If you have any questions whether a crime has been committed, call us today.
If you are having any issues and would like to speak directly to a tax attorney call us today for a no cost professional consult.
IRS Investigations!!!
Totals
Investigations Initiated
2502
Prosecution Recommendations
1765
Information/Indictments
1567
Total Convictions
1270
Total Sentenced*
1269
Percent to Prison
81.2%
Average Months to Serve
44
*Sentence includes confinement to federal prison, halfway house, home detention, or some combination thereof.
by Fresh Start Tax | Aug 27, 2012 | FBAR, Tax Lawyer
With FBAR becoming the latest trend in IRS enforcement many taxpayers were not even aware of FBAR Filing or Due Dates requirements. The IRS is making FBAR a major project because it is yielding Billions of dollars into the Fed Revenue.
It is first important to know who is responsible to file a FBAR Report.
FBAR responsibility.
Any United States person who has a financial interest in or signature authority or other authority over any financial account in a foreign country, if the aggregate value of these accounts exceeds $10,000 at any time during the calendar year.
It is important to understand that the IRS is currently running matching programs with overseas financial institutions tracing the signatures to US persons to Foreign bank accounts.
Do not forget or ignore the deadline-June 30 FBAR due date.
Form TD F 90-22.1 is a reporting document, not a tax form. That means there is no timely delivered provision. You can’t just have the envelope postmarked by June 30. The Treasury expects to have your Form TD F 90-22.1 in hand on June 30.
The FBAR must be received by the Department of the Treasury on or before June 30th of the year immediately following the calendar year being reported. The June 30th filing date may not be extended.
The IRS has just received $500 million in additional Congressional money and a sizable portion of those funds will be dedicated to running unreported FBAR filers down.
If you are in compliance, absolutely no need to worry.
If you are not sure whether you need to file the FBAR report or just want to have questions answered call us today for a no cost professional tax consult.
You can speak directly to a tax attorney or lawyer. 1-866-700-1040.
All consultations are free.
Remember, if you are in compliance you will never have anything to fear.
by Fresh Start Tax | Aug 25, 2012 | FBAR, Tax Lawyer, Tax Returns
FBAR filings are the hot topic around IRS.
The reason is simple, after 3 years the IRS collected a whopping $5.5 Billion from FBAR reporting and filing of tax returns, what a staggering number.
Our guess, that number will triple as prosecutions rise. Without question you will see many more taxpayers with criminal cases due to the upgrading of the CADE2 computer system of the IRS and the current exchange program going on between the US and foreign financial institution. ( all thanks to UBS )
There are generally two type of clients that retain our firm.
99% of most of our clients were simply unaware of the FBAR requirements. Filing and getting them back into the system is relatively simple. There are that 1% that need criminal representation.
For those of you who want to file FBAR your self, please click on or paste the link below
.www.irs.gov/pub/irs-pdf/f90221.pdf
Should you need help from well qualified and experienced Attorneys and Lawyers call us today for a no cost professional consultation. All calls are confidential. 1-866-700-1040.
General Information about FBAR
If you have a financial interest in and or have signature authority over a foreign financial account, including a bank account, brokerage account, mutual fund, trust, or any other type of foreign financial account, the US Bank Secrecy Act may require you to report the account yearly to the Internal Revenue Service by filing Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR). See form above, PDF.
The FBAR is required because foreign financial institutions may not be subject to the same reporting requirements as domestic financial institutions.
The FBAR is a tool to help the United States government identify persons who may be using foreign financial accounts to evade or defeat United States laws.
You can File FBAR on a New E-Filing Option
Finally, there is now an online filing option for FBAR that require only one signature.
The online form and instructions provide for a more immediate means by which to ensure that the FBAR is received by the June 30 deadline. Since only one signature can be submitted on the electronic form, the e-filing process IS NOT an option for joint filers.
For filers of FBAR not using the e-filing option, the FBAR filings are sent to:
U.S. Department of Treasury,
P.O. Box 32621,
Detroit, MI, 48232-0621.
Commercial delivery is:
IRS Enterprise Computing Center,
Attn: CTR Operations Mail room, 4th Floor,
985 Michigan Avenue, Detroit, MI, 48226,
by Fresh Start Tax | Aug 24, 2012 | FBAR, Tax Lawyer
If you live in Singapore and you need to file a FBAR report call us to hear the truth about IRS and FBAR. 1-866-700-1040.
We are Worldwide IRS Tax Experts.
Stop the worry today. There are many false notions that exists about FBAR and after you speak to one of our tax attorneys or tax lawyers you will be relieved to hear the truth.
We will provide a game plan as well as an exit strategy for you.
We can file FBAR reports and settle and close your tax case.
We are made up of Tax Attorneys, Tax Lawyers, CPA’s and Former IRS agents.
The future of IRS and FBAR
The IRS CADE2 computer system is currently being upgraded with sophisticated software to track foreign taxpayers. With the recent help from Foreign Banks and Financial Institutions as a result of the breakthrough of UBS cases, the Internal Revenue Service has hired teams of Agents for find the money.
If you are current on all filing, you have absolutely nothing to worry about. The goal for all non filers is simple, find IRS before they find you and you avoid all problems.
Common questions.
There are some common questions that come up all the time in speaking to our clients. Since we are a International Firm we have a significant number of cases right now in Singapore.
These are some of our frequently asked questions.
How does a FBAR filer amend a previously filed FBAR so they will not have a problem with the IRS ?
FBAR filers can amend a previously filed FBAR by checking the amended box in the upper right-hand corner of the first page of the form.
Then you can
1. Making the needed additions or corrections;
2. Stapling it to a copy of the original FBAR; and
3. Attaching a statement explaining the additions or corrections.
What happens if an account holder is required to file an FBAR and fails to do so?
Failure to file an FBAR when required to do so may potentially result in civil penalties, criminal penalties or both. If you learn you were required to file FBARs for earlier years, you should file the delinquent FBAR reports and attach a statement explaining why the reports are filed late. IRS will consider penalty abatement’s for reasonable cause.
No penalty will be asserted if the IRS determines that the late filings were due to reasonable cause.
Can cumulative FBAR penalties exceed the amount in a taxpayer’s foreign accounts?
Yes, under the penalty provisions found in 31 U.S.C. 5314(a)(5), it is possible to assert civil penalties for FBAR violations in amounts that exceed the balance in the foreign financial account.
How long should account holders retain records of the foreign bank accounts?
Records of accounts required to be reported on an FBAR must be retained for a period of five years. Failure to maintain required records may result in civil penalties, criminal penalties or both.
Call us today and stop the worry. 1-866-700-1040. SKYPE available.
by Fresh Start Tax | Aug 23, 2012 | FBAR, Tax Help, Tax Lawyer
FBAR – London England – Tax Attorneys, Former IRS – FBAR Tax Help Criminal, Civil Representation.
Stop the worry, call us today to hear the truth. 1-866-700-1040.
As former IRS Agents, Managers and instructors, we know all the IRS will do and how they will handle your case.
We a professional tax firm specializing in FBAR and Expatriate Tax Help.
We are staffed with Tax Attorneys, Lawyers, CPA’s and Former IRS Agents.
We taught tax law at the IRS and are Experts in FBAR tax law.
Call us for a no cost professional tax consultation. 1-866-700-1040.
Attorney-client privileged offered for potential criminal cases. We have a number of clients we are now servicing in London, England. Video Skype is available.
The Internal Revenue Service is receiving over $500 million dollars to ramp up there overseas funding, non-filer programs and the computer systems just to name a few programs to help run down taxpayers who have compliance and non filer issues.
Many taxpayers are unaware a problem may even exist. If you should have a situation that needs to be addressed, call us for a no cost consult and speak directly to a tax professional. 1-866-700-1040.
FRAR requirements as prescribed by the Internal Revenue Service.
FBAR – Foreign Bank and Financial Accounts (FBAR)
Some basic facts about FBAR:
American citizens and residents who have a financial interest or authority over a foreign bank account, brokerage account, mutual fund, unit trust and/or other financial account(s), with an aggregate value in excess of $10,000 at any time during the year, must file a report of those account(s), even though the account(s) produce(s) no taxable income.
Where to report the FBAR information
The FBAR information should be shown by checking box 7a and b on Form 1040, Schedule B, as well as filing Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR).
Important note to filers: The FBAR is not to be attached to your Federal income tax return. it will get lost and the IRS may penalize you for failure to file.
There is no extension available for filing the FBAR and it must be received in Detroit, Michigan by June 30th to be considered timely filed. No if and’s, or buts
Mailing FBAR Instructions
Mail directly to:
U.S. Department of the Treasury
P.O. Box 32621
Detroit, Michigan 48232-0621 U.S.A.
Courier Delivery :
IRS Enterprise Computing Center
ATTN: CTR Operations Mail room, 4th Floor
985 Michigan Avenue
Detroit, Michigan 48226 U.S.A.
Telephone: [+1] (313) 234-1062
Feel free to call us for the next update on the latest for tax amnesty programs.
FBAR , London England, Tax Attorneys, Lawyers, Former IRS, FBAR Tax Help, Criminal, Civil Tax Representation 1-866-700-1040
by Fresh Start Tax | Aug 23, 2012 | FBAR, Tax Lawyer
The IRS in on the loose for FBAR Cases. With over 33,000 taxpayers coming forward the IRS collected over $5.5 Billion.
The IRS will continue there hunt. With the IRS receiving more than $500,000 million dollars next year, the IRS has already announced that FBAR will be one of the main targets simply because of the sheer volume of money it brings in to the US tax system.
We are comprised of Tax Attorneys, Tax Lawyers , CPA’s and Former IRS agents. We know the IRS tax system. We taught Tax Law at the IRS.
We are an International tax firm handling many cases at this current time in Thailand.
We can file all FBAR reports and handle your full tax representation.
Call us today for a no cost professional tax consultation and speak directly to a tax attorney lawyer. 1-866-700-1040.
How to get rid of IRS Penalties.
Failure to File and Failure to pay penalty.
Whether a failure to file or failure to pay is due to reasonable cause is based on a consideration of the facts and circumstances of your particular case.
Reasonable cause relief can and is generally granted by the IRS when you demonstrate that you exercised ordinary business care and prudence in meeting your tax obligations but nevertheless failed to meet them.
This is based on good solid common sense. We make sure the facts and circumstances of the reasonable cause passes the smell test.
In determining whether you exercised ordinary business care and prudence, the IRS will consider all available information on your case alone, including but not limited to :
1. Your tax compliance history over the past years,
2. The length of time between your failure to meet your tax obligations and your subsequent tax compliance,
3. Whether or not the circumstances beyond your control,
4. Were they medical or health issues that had arise,
5. Did you rely on bad tax advice.
Reasonable Cause that can abate penalties and interest.
Reasonable cause may be established if you show that you were not aware of specific obligations to file returns or pay taxes, depending on the facts and circumstances.
Among some of the facts and circumstances that IRS will be considered are:
1. Your education level,
2. Whether you have previously been subject to the tax and failed to do anything about it,
3. Whether you have been penalized before on the same tax issue,
4. Whether there were recent changes in the tax forms or tax law that you could not reasonably be expected to know. ( for non professionals , reasonable cause can be easier established )
Remember, each case is based on its own merit and no cases are the same. Sometime the smallest factors can change the scope of the case.
Reasonable cause due to ignorance.
You may have reasonable cause for noncompliance due to ignorance of the law if a reasonable and good faith effort was made to comply with the law or you were unaware of the requirement and could not reasonably be expected to know of the requirement.
For more on IRS Penalty and Abatement see our home page.
FBAR TAX ATTORNEY LAWYER – FBAR FILINGS – FBAR TAX SETTLEMENTS – THAILAND
