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US International Tax Reporting

Expats, FBAR, and FATCA

Tax reporting for US expats and taxpayers with foreign income, bank accounts and other activities can be complex. 

 

Compliance lapses or errors can result in substantial penalties. 

 

For taxpayers who are not currently in compliance, relief from these penalties may be available.

Overview of US International Taxation and Reporting

US taxation of US individuals living or working abroad continues to change and involves complex reporting rules.  This includes expatriates or expats who are living abroad for retirement on a permanent basis.  Many US citizens and permanent residents (Green Card holders) do not realize that they are subject to US income tax regardless of where they live or work.  In addition to income tax, the US has foreign bank account reporting (FBAR) and FATCA reporting requirements for expats with account balances above a $10,000 threshold during the year.  Failing to file required FBARs and Form 8938 for FATCA reporting can result in substantial penalties and possible imprisonment.  The rules can be complex and should be considered as part of any US taxpayer's annual compliance process.  These rules also apply to businesses.

US Expat Income Taxation

US citizens and permanent resident holders are subject to US income tax wherever they live.  Many taxpayers believe, understandably, that if they live abroad they do not have to pay US income taxes or pay tax on income earned while working outside the US.  Unfortunately, the US imposes tax on a worldwide basis and taxpayers must file Form 1040 to report individual income tax while working or living outside the country.

 

FBAR Reporting

Many US taxpayers have heard of an FBAR and may be aware of huge penalties related to compliance failures or the government's use of FBARs to track hidden foreign bank accounts.  Taxpayers should know the rules and seek assistance to understand their FBAR compliance responsibilities, prepare the FBARs and catch up on unfiled FBARs if necessary.

What is an FBAR? 

 

An FBAR is the Report of Foreign Bank and Financial Accounts.  This form, as the name implies, is used to report certain bank and financial account information for US persons.  The Treasury uses the FBAR information for various purposes under the Bank Secrecy Law.  

 

How Do I File an FBAR? 

 

An FBAR and related bank account information are reported annually using FinCEN Form 114.  The FBAR form itself is submitted electronically unless a taxpayer cannot do this.  A request must be made to Treasury to paper file the FBAR form.

What is the Filing Deadline for an FBAR?

An FBAR is required to be filed by the due date of the taxpayer's income tax return for each year that an FBAR is required to be filed by an individual taxpayer.  If an extension is granted for a taxpayer's Form 1040 or other income tax return (e.g., Form 1120 for a corporate taxpayer), then the taxpayer is automatically granted an extension to file an FBAR.

What are the Penalties for Failure to File an FBAR?

Does the IRS or Treasury Offer an FBAR Amnesty Program?

FATCA Reporting

 

US Reporting for Domestic Taxpayers with Foreign Activities

Foreign Taxpayers in the US (Inbound Taxation)

 

FIRPTA

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