Skip to content
Tax Law Center Blog

Tax Law Center Blog

  • Tax & Foreign Assets
    • Tax Law Services
    • Foreign Asset Planning
  • About
  • Contact Us
Close Button

Opting Out of the OVDI Program: Argue for No Penalty and a Warning Letter

27 July, 2012

The revised IRS OVDP FAQs offer helpful guidance on the opt-out option. The newly revised FAQs illustrate the pros and cons of opting out with examples.

Depending on the circumstances, we sometimes recommend some clients to opt out of the voluntary disclosure initiative and allow us to demonstrate the absence of willfulness and avoid the normal FBAR penalty regime. We have been aggressively pursuing OVDI opt-outs for some of our clients. In doing so we have been advocating for no penalty and a simple warning letter. We expect some successful results for some of our clients.

Under IRM 4.26.16.4  (FBAR Penalties) (07-01-2008) whenever there is an FBAR violation, the examiner will either issue the FBAR warning letter, Letter 3800, or determine a penalty. Penalties should be asserted only to promote compliance with the FBAR reporting and recordkeeping requirements. In exercising their discretion, examiners should consider whether the issuance of a warning letter and the securing of delinquent FBARs, rather than the assertion of a penalty, will achieve the desired result of improving compliance in the future. Under IRM 4.26.16.4, examiners are expected to exercise discretion, taking into account the facts and circumstances of each case, in determining whether penalties should be asserted.

In some of our cases, the Taxpayer failed to timely file FBARs as a result of a misunderstanding of fact or law that is reasonable in light of Taxpayers’ advanced age, disability, and lack of knowledge, education and sophistication.  Through the OVDP, our client has also filed all delinquent FBARs. Therefore, in some cases, the issuance of FBAR warning letter 3800, rather than the assertion of a penalty, will achieve the IRS’ desired result of improving compliance in the future.

Our law firm expects unabated aggressive enforcement of the US tax laws, including increased criminal prosecutions and civil audit examinations. We have been advising our clients to expect the unexpected (and the worst) in their tax treatment and disclosure of offshore assets.

Patel Law Offices is a law firm dedicated to helping clients resolve complicated tax, criminal tax, and international tax problems. Our firm assists (and defends) clients and their advisors to legally disclose (and legitimize) foreign accounts.

Related Posts

  • Argue for No Penalty and a Warning Letter for FBAR Violations

    The IRS may send a warning letter in lieu of asserting penalties for failure to…

  • Explore the OVDI opt-out option: Argue for Penalty Mitigation

    The revised IRS OVDP FAQs offer helpful guidance on the opt-out option. The newly revised…

  • Opting-out or Opting-in of OVDI

    The IRS last week explained fully the possibility of opting-out of the OVDI and taxpayers’…

Tags: amnestyAsset Protection FAQ FBAR foreign account opt out OVDP penalties and interest voluntary disclosure
Category: Planning for Tax Minimization

Post navigation

Previous: IRS collects over $5 billion in its its offshore voluntary disclosure programs
Next: Explore the OVDI opt-out option: Argue for Penalty Mitigation

Related Posts

Asset Protection – Don’t Do It Yourself

Jonathan Alper in the Florida Asset Protection Blog has a…

Read More

Educational Panel Discussion: The U.S. Government’s Global Crackdown on Tax Evasion: Where It Has Been and Where It Is Going

Last we spoke at a SABANA tax section bar association…

Read More

IRS Collects $10 Billion From Voluntary Disclosures of Foreign Assets

The Internal Revenue Service’s efforts to prod taxpayers to disclose…

Read More

Recent Posts

  • Parag Patel Esq. speaker at the National Association of Enrolled Agents (NAEA) Seminar “2025 Mid-Year Update”September 1, 2025
  • The Complex Landscape of FBAR and Foreign Asset Reporting: A Critical Webinar Update for Tax Professionals (Free)August 31, 2025
  • The Department of Justice’s Focus on Employment Tax CrimesAugust 29, 2025
  • Dr. Sriram Case: A Summary of Key Tax and Legal IssuesAugust 28, 2025
  • All Things Appeals Webinar: A Strategic Guide for Tax ProfessionalsAugust 26, 2025

Pages

  • About Patel Law Offices
  • Delinquent FinCen Form 114 (FBAR) Filings
  • Delinquent or unfiled IRS Form 5471
  • Request A Free Educational Consultation

Law Firm Attorney WordPress Theme By Themespride