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Ovdi Extension What To Do

And the Internal Revenue Service demands to know where all the taxpayers foreign

accounts are located --- it is a crime to keep these foreign bank account secret if they are over $10,000.00 in value. For those taxpayers in non-compliance, the Internal Revenue Service ran two offshore voluntary disclosure initiatives (OVDI). The last one passed on August 31, 2011. For those citizens wondering what to do, this piece talks about their 4 remaining options.

The first option available is to roll the dice and pray for a miracle. The benefit is that it costs nothing to do, and there is certainly a likelihood of greater than zero, no matter how small, that the taxpayer can get away with the crime. The disadvantages are that if discovered, the penalties are severe. In both monetary cost and in emotional drain of being charged with a federal crime. Even if found not guilty, a criminal trial is still incredibly costly.

This is an important caveat. The chances are that the IRS does not discover secret accounts gets more and more remote. Why? Because in order to compete for American customer and capital, foreign banks are coerced into complying with the Internal Revenue Service. That's right --- foreign banks take their marking orders from the IRS as well. So if the IRS wants information on US holders of foreign accounts, the IRS will get that information. The Internal Revenue Service will also run names of other individuals it suspects of being US citizens but who opened their accounts with foreign passports. The Internal Revenue Service has incredible investigative powers --- powers it never had before.

The next option is to renounce nationality and depart the country --- as there is no other way to escape the power of the Internal Revenue Service. But be warned --- this only will avoid future tax debts and compliance troubles. The lone technique to properly forsake is to essentially come forward about all offshore bank accounts and actually pay an expatriation excise (many commenters have noted that it was easier to leave cold war USSR with your wealth intact than the modern day USA. .)


Option 3: Soft (or quiet) disclosure. One option is to file amended returns, this time including previously unreported income simply filing the returns as if it were simply forgotten income. Sounds think a good strategy, right? Perhaps one could avoid all those excessive penalties of the OVDI programs?

The IRS says that these amended returns are "red flags." Even though the tax returns are amended and back taxes paid, the IRS tells says that account holders will still face penalties and criminal charges. In addition to charging and prosecuting people with undeclared foreign income, the DOJ claims that it has also begun prosecution of people whose "Quiet Disclosures" were discovered by the Internal revenue service.

There are other problems with "Quiet Disclosures." One reason is that they do not remedy the issue of the taxpayer's non-compliance in FBAR filing; as a willful failure to file an FBAR is a criminal charge. As a result filing a soft disclosure does not go far enough to eradicate any likelihood of criminal charges. In fact, the amended return may --- well here's the problem with this alternative --- it does nothing about the failure to the FBAR. There are still criminal and civil charges that may be pending for failing to file an FBAR, but simply give the Internal revenue service a roadmap to locate you.


The forth option is a pre-emptive disclosure and subsequent negotiation of the penalties. This is the best option. Even though the time to disclosure under the 2011 initiative has passed, there is time to act. The only thing that passed on August 31, 2011 was the particular off-the-shelf terms of the 2011 OVDI. The 2011 OVDI was simply a pre-agreed upon penalty structure. The Internal revenue service always welcomes voluntary disclosures.

There are only 2 requirements. First, the taxpayer can not be under audit. In addition, the source of the money in the foreign bank accounts can not be from an illegal source. Think drug trafficking or money laundering.

Such pre-emptive off-shore disclosures and negotiations must be handled by a qualified Offshore tax attorneys, experienced in overseas compliance and sensitive IRS negotiations.

by: josi1racyo
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