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

IRS offers tax opportunity to Americans living abroad

11 July, 2012

Many Americans (including US citizens and US green card holders) living abroad will get a small reprieve from U.S. Internal Revenue Service rules on reporting foreign assets, the agency announced on Tuesday.

The IRS said it would allow some U.S. citizens, including dual citizens, who have not filed income tax returns or not disclosed their foreign bank accounts, to come forward without facing onerous penalties or the threat of prosecution.

The agency said the reprieve, to begin Sept. 1, would also apply to U.S. expatriates with foreign retirement plans, including Canadian ones.

“Today we are announcing a series of common-sense steps to help U.S. citizens abroad get current with their tax obligations and resolve pension issues,” IRS Commissioner Doug Shulman said in a statement.The optional procedure just announced is available only to Americans who owe little or no back taxes, not to those who have squirreled away substantial amounts in secret offshore accounts that they have knowingly failed to disclose to the IRS.

An IRS statement said the new guidelines were for “low compliance risk” taxpayers, generally people who have simple returns and owe US$1,500 or less in tax for any covered years.

The IRS’s move in this area comes amid a broad crackdown by the U.S. Justice Department and the IRS on suspected offshore tax evasion by wealthy Americans through Swiss banks.

It also follows complaints by tax lawyers that many U.S. expatriates have been unaware of the new rules on tax returns and disclosure of foreign bank accounts.

They said many of these people were not willful tax evaders, but simply uninformed about filing returns and, if needed, disclosures known as Foreign Bank and Financial Account Reports, or FBARs.

The IRS said that under the new procedure, taxpayers would have to file delinquent tax returns for the past three years and delinquent FBARs for the past six years.

The agency said “higher compliance risk” taxpayers would be subject to a more thorough review and, potentially, an audit.

The IRS tightened its policies in other ways on Tuesday, saying it might exclude from the voluntary disclosure program U.S. taxpayers with foreign accounts at foreign banks that have faced sanctions or worse from U.S. authorities.

The IRS also said taxpayers would be barred from the disclosure program if they challenged in foreign courts the disclosure of their accounts while failing to inform the U.S. Justice Department of such challenges.

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

  • IRS Announces Penalty Mitigation for Smaller US Taxpayers Living Abroad

    The Internal Revenue Service appears to have finally created a process to finally separate small…

  • IRS Most Common Tax Notices and What They Mean

    The IRS has redesigned its correspondence notices to be more “user friendly.”  This is supposed…

  • Visited by IRS Special Agents?

    IRS Special Agents are employed by the Criminal Investigation Division (CID) which is the law…

Tags: amnestyAsset Protection FBAR foreign account hsbc OVDP penalties and interest top mistakes estate planning voluntary disclosure
Category: Planning for Tax Minimization

Post navigation

Previous: OVDP Ineligibility Possibility Increases
Next: Full Analysis of Updated 2012 OVDP Program

Related Posts

IRS reminds those with foreign assets about U.S. tax obligations

The IRS again reminded taxpayers yesterday about their reporting obligations…

Read More

IRS Reminds U.S. citizens and dual citizens about U.S. filing requirements

In a fact sheet (IRS FS-2011-13) released last week, the…

Read More

FBAR Reporting Season is here

All taxpayers are reminded about FBAR reporting this year, as…

Read More

Recent Posts

  • New Penalty Landscape: Analyzing the October 2025 Updates to IRM 21.8.2.19.2 for Late-Filed Forms 3520May 27, 2026
  • Late Disclosure of Foreign Gift for Wedding Results in PenaltyMay 15, 2026
  • Kwong: Preserving Client Claims for COVID-Era Penalty and Interest RefundsMay 13, 2026
  • Internal Revenue Service’s Clarification on Reasonable Cause for Form 5472 PenaltiesMay 12, 2026
  • Defending the Cross-Border Client: Join Parag at the NJSEA Annual Conference This JuneMay 9, 2026
  • Navigating the Step Up in Basis: Core Rules, Critical Exceptions, and Strategic BenefitsMay 7, 2026
  • The Tax Consequences of Cross-Border Trusts: Key Reminders from the IRS April 2026 Comprehensive GuidanceMay 5, 2026
  • Advancing the Exclusion: “Packing and Stacking” Strategies Under IRC § 1202May 1, 2026
  • Navigating Foreign Trust Compliance: Key Takeaways from the IRS April 2026 Foreign Trust Guidance UpdateApril 30, 2026
  • Navigating the IRS First Time Abatement Policy: Mechanics, Eligibility, and ExceptionsMarch 28, 2026

Law Firm Attorney WordPress Theme By Themespride