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HOPE2
Level 7
November 21, 2022

8938 and FinCEN 114

  • November 21, 2022
  • 2 replies
  • 14 views

Hi to all. New client filed extension and paid his tax due but he did not file final return. Also, ha had to file 8938 and 114 and he did not file them yet. I have read IRS https://www.irs.gov/businesses/comparison-of-form-8938-and-fbar-requirements.

Should he pay penalty for 8938 and 114 since OCT 17 has passed, if yes, how can I find a way to wave penalties; so that mentioning a reason for delay. He has a problem ( divorce process) and the only reason that he could not file the final return this has been. Now, he wants to file separately.

I am really grateful for any help.

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2 replies

Just-Lisa-Now-
Intuit Community Champion
November 22, 2022
You get the return filed, then wait for the penalty notice and you respond to it with your reasonable cause to waive penalty.
♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
HOPE2
HOPE2Author
Level 7
November 22, 2022

Thanks Lisa hope you are doing well.

sjrcpa
Level 15
November 22, 2022

When you efile the FBAR there's a place to indicate the reason why it's being filed late.

The more I know the more I don’t know.
HOPE2
HOPE2Author
Level 7
November 22, 2022

Thanks a lot, how about 8938?

sjrcpa
Level 15
November 23, 2022

Follow Lisa's advice.

The more I know the more I don’t know.