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Criminal Tax Attorney David M. Garvin, P.A.
Located at 200 S. Biscayne Blvd, Suite 3150 Miami, Fl.
CRIMINAL AND TAX ATTORNEY
DAVID M. GARVIN, P.A.
200 S. Biscayne Blvd. - Suite 3150 - Miami (305) 371-8101
David Garvin AV Rated Criminal and Tax Lawyer in Miami
• U.S. citizens, U.S. individual residents, and a very limited number of nonresident individuals who own certain foreign financial accounts or other offshore assets (specified foreign financial assets) must report those assets (Offshore Voluntary Disclosure Program)
• Use Form 8938 to report these assets • Attach Form 8938 to the annual income tax return (usually Form 1040) • Taxpayers with a total value of specified foreign financial assets below a certain threshold do not have to file Form 8938 • If the total value is at or below $50,000 at the end of the tax year, there is no reporting requirement for the year, unless the total value was more than $75,000 at any time during the tax year • The threshold is higher for individuals who live outside the United States • Thresholds are different for married and single taxpayers • Taxpayers who do not have to file an income tax return for the tax year do not have to file Form 8938, regardless of the value of their specified foreign financial assets. • Penalties apply for failure to file accurately
• Report of Foreign Bank and Financial Accounts (FBAR)
If you have a financial interest in or signature authority over a foreign financial account, including a bank account, brokerage account, mutual fund, trust, or other type of foreign financial account, exceeding certain thresholds, the Bank Secrecy Act may require you to report the account yearly to the Internal Revenue Service by filing electronically a Financial Crimes Enforcement Network (FinCEN) Form 114, Report of Foreign Bank and Financial Accounts (FBAR). See the ‘Who Must File an FBAR’ section below for additional criteria.
Third-party reporting: Foreign financial institutions may provide to the IRS third-party information reporting about financial accounts, including the identity and certain financial information associated with the account, which they maintain offshore on behalf of U.S. individual account holders.
Application to domestic entities: The IRS anticipates issuing regulations that will require a domestic entity to file Form 8938 if the entity is formed or used to hold specified foreign financial assets and the total asset value exceeds the appropriate reporting threshold. Until the IRS issues such regulations, only individuals must file Form 8938. For more information about domestic entity filing, see Notice 2013-10.
On July 1, the Foreign Account Tax Compliance Act will fully take effect. FATCA is supposed to reduce tax evasion by making it harder for tax cheats to abuse tax havens. In practice, however, FATCA is forcing law-abiding American taxpayers residing overseas to bear enormous financial and legal burdens.
Congress should reform FATCA so that it does not hurt innocent Americans residing and working overseas. More important, Congress should turn its full attention to broader tax reform that would help curtail tax evasion in a more effective way without resorting to onerous and intrusive regulations such as the Foreign Account Tax Compliance Act.