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Level 4
January 6, 2021
Question

Streamlined foreign offshore procedures

  • January 6, 2021
  • 1 reply
  • 14 views

Hello,

Individual who lives overseas and wants to complete the SFO procedures didn't have any income in 2019 and 2020 but did have in 2018. Does file only 2018 together with form 14653 and the required FBAR (for the recent 6 years)? He does not need to file Federal tax return for 2019 2020 if there was no income, right?

 

Thanks, 

 

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1 reply

itonewbie
Level 15
January 6, 2021

Are you saying your client living overseas didn't have any gross income from any sources at all?

You'd want to make sure because the exposure of getting this wrong and the disclosure done incorrectly could be significant.

---------------------------------------------------------------------------------Still an AllStar
itonewbie
Level 15
January 6, 2021

Also, preparing the F.14653 is not all that straightforward.  There have been legal challenges as to what constitutes willful conduct, which means the narrative of the surrounding facts and circumstances would be critical, especially since your client has only one chance to get it right.

---------------------------------------------------------------------------------Still an AllStar
Level 4
January 7, 2021

It is not straightforward but required. I ask my clients to describe their background both financial and personal and ask them to add that failures to report financial assets and income earned in the past resulted from non-willful conduct. 

Any other suggestions?