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Swiss Turn Over More US Client Data & More Bank Accounts

The Swiss tax office notified 12 Swiss banks and one fiduciary that the U.S. is asking for legal assistance in rooting out tax cheats, according to a government bulletin made public this week. The requests cite FATCA, a U.S. banking and tax law which is applied abroad.

The requests represent vestiges of American clients at Swiss banks which haven't agreed to a data handover. FATCA is an offshoot of a decade-long U.S. hunt for money hidden offshore, including in Switzerland. 

Additionally, U.S. and Swiss officials in 2012 agreed on a program for Swiss banks to come clean on undeclared accounts and avoid prosecution. Many of the banks listed in the most recent Swiss bulletin, like Vontobel and Mirabaud, elected simply not to take part in the program.

Pictet, which is also listed in the bulletin, couldn't take part because it is still in the crosshairs of a U.S. criminal investigation for its offshore dealings with America's wealthy. Other banks include Barclays' Swiss arm and Union Bancaire Privée, both of which did participate.

The remaining banks listed are CA Indosuez, Hinduja Banque, of which didn't take part, as well as Schroder & Co, PKB Private Bank, and Zuger Kantonalbank, which did. The Swiss fiduciary listed in the legal aid is Arofin.

Fibi, a defunct bank whose assets were bought by Compagnie Bancaire Helvetique, is also on the list, as is Notenstein La Roche, which was purchased by Vontobel three years ago.

The legal aid comes in response to requests from U.S. tax investigators under FATCA, or the Foreign Account Tax Compliance Act. Switzerland and the U.S. last year finally ratified a double taxation agreement, paving the way to cooperate.

Do You Have Undeclared Income from one of 
these Offshore Banks or 
Financial Advisors?
Is Your Name Being Handed Over to the IRS?
  
Want to Know if the OVDP Program is Right for You? 
Contact the Tax Lawyers at 
Marini & Associates, P.A.   
for a FREE Tax Consultation contact us at:

or Toll Free at 888-8TaxAid (888) 882-9243


Read more at: Tax Times blog

TC: Taxpayer Timely Filed Petition Due on Thanksgiving Day

The Tax Court rejected the IRS' attempt to dismiss as untimely a petition that was due on Thanksgiving. The court, citing Code Sec. 7451(d), held that since the court was inaccessible on the date the petition was due, the period for filing was tolled for the period of inaccessibility plus 14 days. (Sall,  161 TC No. 1311/30/2023)

The IRS issued a deficiency notice to the petitioner. The IRS mailed the notice on August 26, 2022. The 90th day after August 26 was November 24, which was Thanksgiving Day (a federal holiday).

On the notice, the IRS listed the "last day" to file a petition in the Tax Court as November 25 (the day after Thanksgiving).

However, The Day After Thanksgiving Was An Administrative Holiday For The Tax Court, So The Courthouse Was Closed.

The Court's electronic filing system was operational and accessible at all relevant times.

Mr. Sall, the petitioner, mailed his petition to the Tax Court on Monday, November 28, and the court received and filed the petition on December 1, 2022. The IRS filed a motion to dismiss the petition as untimely because Mr. Sall mailed it after the November 25 deadline. 

Generally, a taxpayer must file a petition challenging a notice of deficiency within 90 days of the IRS mailing the notice. This deadline is jurisdictional and not subject to equitable tolling.

However, a filing deadline may be extended in certain circumstances. For example, the deadline for filing a petition is extended if the due date is a weekend day or a federal holiday, or if the "filing location" is inaccessible.

If the due date falls on a weekend day or a federal holiday, the due date is extended to the next business day. If the filing location is inaccessible, the due date is extended by the number of days the filing location is inaccessible plus an additional 14 days. (IRC Sec. 7451(b))

The Tax Court was closed for Thanksgiving, a federal holiday, and was also administratively closed the following day, so the filing location was inaccessible on those two days. The court received the taxpayer's petition on December 1, 2022, which was within the additional 14 days allowed by Code Sec. 7451(b).

Moreover, because the filing location was inaccessible, the availability of the court's electronic filing system was immaterial.

Have an IRS Tax Problem?


     Contact the Tax Lawyers at

Marini & Associates, P.A. 


for a FREE Tax HELP Contact us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888 8TAXAID (888-882-9243)

Read more at: Tax Times blog

FinCEN Extends Beneficial Ownership Information Reports Deadline to 90 Days for New Entities


The Financial Crimes Enforcement Network (FinCEN) has extended the deadline for new entities to file their initial beneficial ownership information (BOI) reports. 

Reporting Entities Created Or Registered In 2024 Will Now Have 90 Calendar Days, Instead of 30, From The Date Of Their Creation Or Registration To File Their Initial BOI Reports. 

FinCEN has provided this extension to give new reporting entities more time to become familiar with FinCEN's guidance and educational materials and to resolve any questions that arise in the process of completing their initial BOI reports.

This extension only applies to reporting entities created or registered in 2024. 

Reporting entities created or registered in 2025 or later will have 30 calendar days after their creation or registration to file their initial BOI reports.

The BOI Reporting Deadline Hasn't Changed For Reporting Entities Created Or Registered Before 2024. Those Entities Must Still File Their Initial BOI Reports By January 1, 2025.

FinCEN will not accept BOI reports until January 1, 2024. Reports should not be submitted to FinCEN before that date.

Have A Beneficial Ownership Problem?

     Contact the Tax Lawyers at
Marini & Associates, P.A. 


for a FREE Tax HELP Contact us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888 8TAXAID (888-882-9243)

 


Read more at: Tax Times blog

Attorney Gets Jail Time For Using the C Duction (Pronounced “See Duction”)

According to the DoJ, a Nebraska attorney was sentenced on November 30, 2023 to one year and one day in prison for filing false individual income tax returns. Thomas Campbell, of Bennington, pleaded guilty on July 27, 2023 to one count of filing a false tax return.

According to court documents and statements made in court, between 2014 and 2018, Campbell, a licensed attorney since 2011, was the owner and manager of TLN Law, a solo-practice law firm in Omaha. Campbell controlled the law firm’s finances and was aware of substantial amounts of cash payments (C Duction for Cash - Pronounced "See Duction") his firm received for legal services. 

For 2014 Through 2018, Campbell Did Not Report
Over $2.8 Million In Cash His Firm Received.

Which Flowed Through To, And Should Have Been Reported On, His Personal Tax Returns. In total, Campbell caused a tax loss to the IRS exceeding $400,000.

In addition to the term of imprisonment, U.S. District Judge Brian C. Buescher ordered Campbell to serve one year of supervised release and to pay $407,665 in restitution to the United States.

For Real Tax Advice or
Help With an IRS Tax Problem?


     Contact the Tax Lawyers at

Marini & Associates, P.A. 


for a FREE Tax HELP Contact us at:
www.TaxAid.com or www.OVDPLaw.com
or 
Toll Free at 888 8TAXAID (888-882-9243)

Read more at: Tax Times blog

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