2012年12月26日星期三

2011. For those citizens thinking what to do

And the IRS demands to know where all the citizens foreign accounts are located --- it is a crime to keep these account secret if they are over $10,000.00 in value. The Internal Revenue Service offered two previous offshore voluntary disclosure initiatives. One in 2009 and the last one in 2011. The last one passed on August 31, 2011. For those citizens thinking what to do, this piece talks about their 4 remaining options. The first option is to do nothing except hope and pray. The advantage is that it costs zero to do, and there is certainly a likelihood of greater than zero, no matter how slight, that the taxpayer can get away with the crime. The downside that is if learned, there is an extraordinary emotional strain for anyone who become a criminal defendant. Even if acquitted, the entire process will be the most arduous time of someone's life. Even if found not guilty, a criminal trial is still incredibly costly. This is an important caveat. The chances are that the Internal Revenue Service does not discover undisclosed accounts gets smaller and smaller モンクレール ダウン. Why? Because in order to compete for American customer and capital, foreign banks are coerced into complying with the Internal Revenue Service. That's right --- foreign banks take their marking orders from the IRS as well. So if the Internal Revenue Service wants information on US holders of foreign accounts, the Internal Revenue Service will get that information. The Internal Revenue Service will also run names of other people it suspects of being US citizens but who opened their accounts with foreign passports. The Internal Revenue Service has incredible investigative powers --- powers it never had before. The second option is to renounce nationality and leave the country --- as this is the only way to escape the taxing jurisdiction of the Internal Revenue Service. But be warned --- expatriation only works to dodge future tax debts and compliance problems ダウン モンクレール. The only technique to correctly renounce is to effectively come clean about all foreign bank financial accounts and actually pay an expatriation excise (in many ways it was easier to leave Soviet Block country than to leave the USA completely intact with your wealth.) Option 3: Soft (or quiet) disclosure. An option that some citizens attempted is to file amended tax forms 1040X's and mail them to the Internal revenue service just think "regular" 1040X's, pay the taxes, and hope the IRS won't figure out what was going on. Sounds like a good strategy, right? Perhaps one could avoid all those excessive penalties of the OVDI programs? There may be serious problems with this alternative. One major drawback is that the Department of Justice states that it has begun criminal proceeding against people who attempted to utilize the "soft" disclosure process. There are other problems with "Quiet Disclosures." One reason is that a soft disclosure does not address the issue of the taxpayer's non-compliance in FBAR filing; failing to filing an FBAR can be a criminal charge just by itself. As a result filing a quiet disclosure 't go far enough to eliminate any likelihood of criminal investigations. In fact, the amended return may --- well here's the problem with this option --- it does nothing concerning the failure to the FBAR. There are still criminal and civil charges that may be pending for failing to file an FBAR モンクレー, but simply give the Internal revenue service a very handy to find you. The forth option is a pre-emptive disclosure and subsequent negotiation of the penalties. This is the optimal solution. Even though the time to file under the 2011 initiative has expired, there is time to act. The only deal that passed on August 31, 2011 was the specific off-the-shelf terms of the 2011 OVDI. It was simply a pre-agreed upon penalty arrangement. The Internal revenue service always welcomes voluntary disclosures. There are only 2 requirements. Initially, the taxpayer can not be under audit. In addition, the source of the money in the foreign bank accounts can not be from an illegal source. Think drug trafficking or money laundering. Such pre-emptive off-shore disclosures and negotiations must be handled by a qualified Offshore tax attorneys, experienced in overseas compliance and sensitive IRS negotiations.

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