We first posted this New Filing Compliance Procedures for Non-Resident U.S. on Tuesday, June 26, 2012 in our blog post entitled IRS announced a plan to Help U.S. Citizens Overseas Become Compliant and then we supplemented it with examples in our blog posts entitled
Tax amnesty offered to Americans in Mexico and Tax amnesty offered to Americans in Canada and now the IRS has a new webpage devoted to this option entitled New Filing Compliance Procedures for Non-Resident U.S. Taxpayers.
The IRS is aware that some U.S. taxpayers living abroad have failed to timely file U.S. federal income tax returns or Reports of Foreign Bank and Financial Accounts (FBARs), Form TD F 90-22.1. Some of these taxpayers have recently become aware of their filing obligations and now seek to come into compliance with the law.
The Service is announcing a new procedure for current non-residents including, but not limited to, dual citizens who have not filed U.S. income tax and information returns to file their delinquent returns. This procedure will go into effect on Sept. 1, 2012.
Description of proposed new procedure:
While more details will be forthcoming, taxpayers utilizing the new procedure will be required to file delinquent tax returns, with appropriate related information returns, for the past three years and to file delinquent FBARs for the past six years.
All submissions will be reviewed, but, as discussed below, the intensity of review will vary according to the level of compliance risk presented by the submission. For those taxpayers presenting low compliance risk, the review will be expedited and the IRS will not assert penalties or pursue follow-up actions. These taxpayers generally will have simple tax returns and owe $1,500 or less in tax for any of the covered years, IRS said.
Submissions that present higher compliance risk are not eligible for the procedure and will be subject to a more thorough review and possibly a full examination, which in some cases may include more than three years, in a manner similar to opting out of the Offshore Voluntary Disclosure Program.Instructions, Questionnaire to Be Issued by IRS on Streamlined Filing Compliance Procedures.
New instructions and a questionnaire are expected to be released Aug. 31 by the Internal Revenue Service for eligible nonresident U.S. taxpayers needing to catch up on overdue federal filing requirements under a recent streamlined filing procedure in the Service's Tax-Filing Compliance Program.
If you would like to avail yourself of this new Amnesty, contact the Tax Lawyers at Marini & Associates, P.A. for a FREE Tax Consultation at www.TaxAid.us or www.TaxLaw.ms or Toll Free at 888-8TaxAid (888 882-9243).