Fbar (foreign Bank Account Reporting) Being Requested By The Irs

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U.S. Taxpayers with suspected undisclosed offshore accounts being issued Information

Document Requests for the FBAR (Foreign Bank Account Reporting) reports in the wake of the UBS AG fallout and IRS Offshore Settlement Initiative.

The IRS and U.S. Department of Justice started their highly publicized probe in 2009 into Swiss bank UBS AG and U.S. account holders who failed to disclose their taxable holdings to the U.S. Government. However, the investigation did not finish with UBS. To lure taxpayers to come forward and make known their foreign assets in exchange for smaller fines, the IRS instituted the Offshore Settlement Initiative Voluntary Disclosure Program (the Initiative). Even though the deadline to participate in the Offshore Settlement Initiative came and went, it is clear that offshore tax evasion remains a top IRS enforcement priority. U.S. taxpayers that still have undisclosed offshore accounts that missed the October 15, 2009 Offshore Settlement Initiative deadline should expect to be notified by the IRS shortly.

The IRS can be expected to issue many more Information Document Requests or IDRs with a focus on offshore bank accounts. U.S. Taxpayers may then receive the Information Document Request Form 6564. This form is a request to compile the necessary books, papers, and other material relevant to the IRS examiners look into the tax return for verification of its accuracy. Although less formal than a subpoena the Information Document Request is part of a structured process for the IRS uses to secure information from taxpayers, including information regarding offshore bank accounts. However, an IDR does carry with it consequences for failure to comply and can lead to additional inquiry and potential sanction.

The IRS will focus Information Document Requests on U.S. taxpayers with offshore assets and accounts that failed to disclose these interests to the U.S. government on their Form 1040, U.S. Individual Tax Returns, and file a corresponding Form TD F 90-22.1, Foreign Bank Account Reporting (FBAR). If IRS agents discover that a taxpayer has not reported an interest in an offshore account or income accruing on such accounts during the course of an audit, the IRS may impose steep penalties including the greater of $100,000 or 50% of the offshore account balance for willful failure to file an FBAR for each account. These penalties, compounded with interest and fraud penalties, can essentially wipe out the taxpayers foreign assets.Additionally, taxpayers could be subject to criminal prosecution and jail time for tax evasion.

The issues surrounding these IDRs are quite sensitive and should be addressed with caution. Taxpayers who have been forwarded an Information Document Request by the IRS are best served by setting an appointment with a tax attorney who specializes in resolving disputes with the IRS expediently. An attorney can direct the taxpayer how best to get back an Information Document Request and will be able to communicate with his attorney on the most beneficial course of action. Otherwise the Internal Revenue Service can seek considerable penalties and possible criminal prosecution against those U.S. Taxpayers believed to be hiding money in undisclosed offshore accounts.

by: Kevin Thorn

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