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Category Archives: criminal tax law

Tax Relief Available For Certain Americans Who Want To Expatriate!

According to a recent government statistics, there are roughly 9 million US citizen living outside the US, many of whom are citizens by birth but have little or no family or economic ties to this country.
 
Under US immigration laws, those who had been born in the US to farm parents were born outside the US to US parents are US citizens, but my not be aware of their status or its importance. These "accidental" Americans, by law are required to report the worldwide income and pay taxes to the IRS. They also remain subject to an array of disclosure requirements for their 9 US financial and security accounts and other assets under the Foreign Account Tax Compliant Act (FATCA).  

Are These Tax And Compliance Burdens Worth Maintaining A Passport For A Country A Person Has Little Connection To?

For many, the answer is no, and when they learn of their obligations, they seek to "turn in" their U.S passports, or at least explore the option of renouncing their U.S. citizenship. What many find out is that it is not so simple for the accidental citizen, particularly for those who have accumulated some level of wealth over their lifetime.

Under the Relief Procedures for Certain Former Citizens , the IRS is providing an alternative means for satisfying the certification test for citizens who expatriate, or have expatriated, after March 18, 2010. The IRS is providing an alternative means for satisfying the tax compliance certification process for citizens who expatriate after March 18, 2010, under the this Relief Procedure. 

These procedures are only available to U.S. citizens with a net worth of less than $2 million (at the time of expatriation and at the time of making their submission under these procedures), and an aggregate tax liability of $25,000 or less for the taxable year of expatriation and the five prior years.

If these individuals submit the information set forth below and meet the requirements of these procedures, they will not be “covered expatriates” under IRC 877A, nor will they be liable for any unpaid taxes and penalties for these years or any previous years.

These procedures may only be used by taxpayers whose failure to file required tax returns (including income tax returns, applicable gift tax returns, information returns (including Form 8938, Statement of Foreign Financial Assets), and Report of Foreign Bank and Financial Accounts (FinCEN Form 114, formerly Form TD F 90-22.1)) and pay taxes and penalties for the years at issue was due to non-willful conduct. Non-willful conduct is conduct that is due to negligence, inadvertence, or mistake or conduct that is the result of a good faith misunderstanding of the requirements of the law.

 
As part of the process, an eligible individual must submit all required federal tax returns for the six years at issue, including all required schedules and information returns. This does not include the Report of Foreign Bank and Financial Accounts (FinCEN Form 114, formerly Form TD F 90-22.1, the "FBAR"), although the IRS recommends that those taking advantage of the relief procedures file FBARs. If they do so, the IRS will not assert FBAR penalties for late filing.

If an individual submits the necessary tax returns and forms and meets the requirements of the relief procedures, they will not be a "covered expatriate" under IRC Sec. 877A, nor will they be liable for any unpaid taxes and penalties for the six years at issue or any previous years.

The relief procedures may only be used by taxpayers whose failure to file required tax returns, including income tax returns, applicable gift tax returns, information returns (including Form 8938, Statement of Foreign Financial Assets), including the FBAR and pay taxes and penalties for the years at issue was due to non-willful conduct.  

Non-Willful Conduct Is Conduct That Is Due To Negligence, Inadvertence, Or Mistake Or Conduct That Is The Result
of A Good Faith Misunderstanding of
The Requirements Of The Law.

There is currently no termination date for these procedures. The relief procedures provide an excellent opportunity for those who might otherwise be subject to significant tax and penalties because of their expatriation.
 
"Should I Stay or Should I Go?"
 
Need Advise on Expatriation? 
 

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

For a FREE Tax Consultation at:
Toll Free at 888-8TaxAid ( 888 882-9243)  
 
 

Read more at: Tax Times blog

Certain Tax-Favored Foreign Trusts Now Exempt From Information Reporting!

The IRS has issued Rev Proc 2020-17, 2020-12 IRBthat exempts from information reporting requirements certain tax-favored foreign trusts that are established and operated exclusively or almost exclusively to provide pension or retirement benefits, or to provide medical, disability, or educational benefits. The procedure also provides guidance on how to request abatement, or a refund, of penalties for failure to comply with these information reporting requirements. 

The Rev Proc provide that an “eligible individual’s” transactions with, or ownership of, an “applicable tax-favored foreign trust” is exempt from IRC Sec. 6048 information reporting. Thus, the penalties under IRC Sec. 6677 do not apply to eligible individuals who fail to report transactions with, or ownership of, these trusts under IRC Sec 6048.

For purposes of this revenue procedure:

  1. An applicable tax-favored foreign trust means a tax-favored foreign retirement trust or a tax-favored foreign non-retirement savings trust.
  2. An eligible individual means an individual who is, or at any time was, a U.S. citizen or resident and who is compliant (or comes into compliance) with all requirements for filing a U.S. federal income tax return (or returns) covering the period such individual was a U.S. citizen or resident, and to the extent required under U.S. tax law, has reported as income any contributions to, earnings of, or distributions from, an applicable tax-favored foreign trust on the applicable return (including on an amended return).

  3. A tax-favored foreign retirement trust means a foreign trust for U.S. tax purposes that is created, organized, or otherwise established under the laws of a foreign jurisdiction (the trust’s jurisdiction) as a trust, plan, fund, scheme, or other arrangement (collectively, a trust) to operate exclusively or almost exclusively to provide, or to earn income for the provision of, pension or retirement benefits and ancillary or incidental benefits, and that meets certain requirements established by the laws of the trust’s jurisdiction. 
  4. A tax-favored foreign non-retirement savings trust means a foreign trust for U.S. tax purposes that is created, organized, or otherwise established under the laws of a foreign jurisdiction (the trust’s jurisdiction) as a trust to operate exclusively or almost exclusively to provide, or to earn income for the provision of, medical, disability, or educational benefits, and that meets certain requirements established by the laws of the trust’s jurisdiction.

Procedures for Requesting Abatement or Refund of IRC Sec. 6677 Penalties.

Since the IRC Sec. 6677 penalties no longer apply to eligible individuals who fail to report applicable tax-favored foreign trusts, the IRS has provided such individuals who have been assessed or paid IRC Sec. 6677 penalties within the IRC Sec. 6511(a) limitations period, with procedures for requesting abatement of penalties assessed or refund of penalties paid.

An eligible individual who wishes to request abatement or refund of penalties may do so by filing Form 843, Claim for Refund and Request for Abatement within the  IRC Sec. 6511(a) limitations period.

Eligible individuals should complete Form 843 and write the statement “Relief pursuant to Revenue Procedure 2020-7” on Line 7 of the form.

In addition, Line 7 should include an explanation of how the individual meets the definition of “eligible individual” in Sec. 5.02 and how the foreign trust meets the definition of “applicable foreign trust” in Sec. 5.03 or Sec. 5.04.

A Form 843 requesting relief under this procedure should be mailed to Internal Revenue Service, Ogden, UT 84201-0027.

Effective Date. 
This procedure is effective on March 16, 2020 and applies to all prior open tax years, subject to the limitations period in IRC Sec. 6511.
 
Have International Tax Reporting Problems?
 


Contact the Tax Lawyers at 

Marini & Associates, P.A.


for a FREE Tax Consultation Contact us at:
Toll Free at 888-8TaxAid (888)882-9243. 





 

 

 

Read more at: Tax Times blog

TAS Updates Passport Certification Program Guidance

In a memorandum to Tax Advocate Service (TAS) employees TAS-13-1119-0016 11/19/2019, TAS has updated its advocacy guidance now that the IRS has stopped its temporary program under which it wasn't certifying taxpayers for passport revocation etc., if the taxpayer had delinquent tax debt but also had an open Taxpayer Advocate Service (TAS) case.

IRC § 7345 - Revocation or Denial of Passport authorizes (but does not require) the IRS to certify a taxpayer's seriously delinquent tax debt to the State Department for the purposes of passport denial, limitation, or revocation. A seriously delinquent tax debt is an assessed individual tax liability exceeding $50,000 (adjusted for inflation) for which either a notice of federal tax lien has been filed or a levy has been made. IRS must also send a decertification to the Department of State where the certification was in error or where there is no longer a seriously delinquent tax debt. (IRC § 7345(b))
The Internal Revenue Manual provides details as to how the IRS certifies and decertifies a taxpayer. (IRM 13.1.24)  

A Decertification Protects The Taxpayer's Passport From Being Denied, Limited, Or Revoked Merely Because of
a Seriously Delinquent Tax Debt.


The IRM also details how the TAS can open a case to help a taxpayer resolve a tax issue. (IRM 13.1.7.2(1) (2/4/2015))

The National Taxpayer Advocate (NTA) has long advocated excluding certain taxpayers with TAS cases from passport certification.
On July 25, 2019, IRS announced that all open TAS cases with a certified taxpayer would be systemically decertified. New TAS taxpayers would also be systemically decertified. The IRS said that this decision was temporary and that new guidance would be issued once the IRS Commissioner makes a final decision on this issue. 
But in October 2019, the IRS found that excluding cases from certification solely on the basis that the taxpayer is seeking assistance from TAS could allow a "won't pay" taxpayer to circumvent the intent of the legislation to obtain or renew a passport. 

Following the review of relevant considerations regarding these procedures, the IRS determined that a blanket, systemic exception for anyone with an open TAS case is overly broad and could undermine the effectiveness of IRC § 7345 to collect a seriously delinquent tax debt. 
Now that taxpayers working with TAS will no longer be automatically protected from certification, TAS will work with the IRS to identify and resolve the seriously delinquent tax debts of these taxpayers.  
 
Taxpayers Who Have Already Taken Significant Steps
To Resolve Their Debt

Can Still Resolve Their Passport Issues By Contacting
 TAS, Who Can Request Manual Decertification.
The memo tells TAS employees to elevate a case to the employee's Local Taxpayer Advocate (LTA) if the case meets all the following criteria. The taxpayer has 1) Imminent foreign travel plans, lives abroad, or has another compelling need for the passport 2)A significant risk of being certified before TAS will be able to help resolve the taxpayer's debt; and 3) Taken demonstrable recent steps to get into compliance with the IRS that nevertheless fall short of the statutory and discretionary exclusions.  
Then IRM 13.1.24.8.5.3, Decertify the Debt with the Department of State, is superseded and replaced with the following: 

  1. Once the taxpayer meets a criterion for decertification under IRM 5.19.1.5.19.9, Reversal of Certification, review IRM 13.1.24.8.8 to determine if the account will require manual decertification. If so, send an OAR to the SB/SE Passport Office seeking manual decertification.
  2. If the taxpayer has an imminent need for a passport as defined in IRM 5.19.1.5.19.9.1, Expedited Decertification, gather the supporting documentation described. If the IRS function that resolved the debt did not complete and sign page one of Form 14794, Expedited Passport Decertification, prepare the form for LTA signature on page one.
  3. Send an expedited OAR to *SBSE Passport Group mailbox, requesting that the taxpayer be decertified within one business day. Include the signed Form 14794 and the required documentation. If the OAR is not complied with timely, or if you disagree with the response, immediately elevate the case to your LTA for issuance of a TAO.
  4.  

    If You Face This Problem, You Should Consult with Experienced Tax Attorneys, As There Are Several Ways Taxpayers Can Avoid Having the IRS Request That the State Department Revoke Your Passport. 
  Want To Keep Your US Passport?
 
 
Contact the Tax Lawyers at 
Marini & Associates, P.A.

 

for a FREE Tax Consultation Contact us at:
Toll Free at 888-8TaxAid (888)882-9243.

                 
 

Read more at: Tax Times blog

New EU Blacklist Adds Cayman Islands, Panama & Others

According to taxlinked the latest iteration of the European Union’s blacklist of non-cooperative tax jurisdictions was released earlier this week with several new additions including:
  • The Cayman Islands,
  • Panama,
  • Seychelles and Palau 
  • Fiji,
  • Oman,
  • Samoa,
  • Trinidad and Tobago,
  • Vanuatu and
  • the US territories including:
    • American Samoa,
    • Guam, and the
    • US Virgin Islands
as jurisdictions blacklisted by the EU for failing to do enough against tax avoidance and evasion.

According to the EU, the Cayman Islands, a UK territory, has been added for failing to set “appropriate measures” against these types of abuse and allowing companies to establish shell companies with minimal presence in situ. The Cayman Islands had previously been listed in the EU’s grey list but was demoted once it failed to implement the economic substance rules required by Europe.

Following The Addition Of The Cayman Islands To The EU Blacklist, EU Officials Warned The UK That It Would Not Tolerate Tax Abuse From Its Territories.
Jude Scott, Cayman Finance’s CEO, said in a statement, “The Cayman Islands has had a track record of meeting evolving global standards and that is expected to continue.”
“Just as approximately 30 other jurisdictions were removed after a taking the necessary actions, we look forward to the same happening with regard to the Cayman Islands. In the meantime, clients can continue to expect the usual high professional standards from their Cayman service providers that they have always received,” he added.

In addition to these new blacklisted countries, the following jurisdictions were removed from the EU’s grey list after successfully implementing the necessary regulatory changes to prevent tax abuse: Antigua and Barbuda, Armenia, Bahamas, Barbados, Belize, Bermuda, British Virgin Islands, Cabo Verde, Cook Islands, Curaçao, Marshall Islands, Montenegro, Nauru, Niue, Saint Kitts & Nevis, and Vietnam.

Who's next to be put on this blacklist ... the US?
 
 
 

Have an International Tax Problem?
 
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

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