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Note: The following
information is provided as a free public service by Q Wealth Report. It
does not necessarily reflect the opinions of the publishers. Much more
detailed information on this and other topics is included in the Q Wealth
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The IRS new form
FBAR requirements refer to the requirements of a Foreign Bank and
Financial Account Reporting form. The actual form number you will be
working with is TD F 90-22.1. Under current U.S. law, any person living
in the U.S. must file this form if he or she has a financial interest or
signature authority in a foreign financial account that has an aggregate
value of over $10,000 at any time during the course of a year. This does
not only include U.S. citizens but also all residents, domestic
partnerships, domestic corporations or domestic estates.
This law applies to any account held outside the 50 states which includes
geographic areas outside the mainland states that might still be owned or
partially run by the government. This includes commonwealth islands like
Puerto Rico as well as the Commonwealth of the Northern Mariana Islands,
Guam, American Samoa, and the United States Virgin Islands.
You are required to file this form, even if you generate no interest or
dividend income. The FBAR form is due by the 30th of June every year
following the year that the account holder reaches over $10,000. There is
no extension available for filing this form so it is imperative that you
fill out before the deadline. Instead of waiting for an extension, which
is not possible, it is suggested that you fill out all available
information and then send an amendment later on, when necessary.
Bear in mind that the FBAR form is not supposed to be filed with a
person's federal tax return. Any delay should be accompanied by an
explanation explaining why the form wasn't released on time. There can be
strict civil penalties for not filing this form, and these penalties can
be charged up to 6 years following the date of the violation. You should
always keeps records for foreign accounts, for at least a period of five
years. Unfortunately, the failure to provide and maintain these records
could result in civil or even criminal penalties.
What if you own a corporation that owns a foreign company that has
foreign accounts? Even in this case, where the foreign owners are filing
the FBAR themselves, you will still have to file if you own over 50% of
the total value. Don't worry that you won't be able to find or understand
the FBAR form. You can download a PDF copy of the document and its
instructions from the IRS website. You can also send questions to the IRS
via email or by contacting them directly by phone.
Because of the lowering in value of the U.S. dollar, many Americans are
holding some of their funds in offshore accounts. However, you really
have to do research to ensure that you are following tax regulations as
regards reporting these accounts, as the U.S. government is really
cracking down on abuses of this system, given the recent financial
crisis. For more information you can visit the
QWealthReport.com blog
which gives its readers
five non-reportable tax shelters for US citizens. |
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