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

New Comments of the IRS’ New Streamlined Filing Compliance Procedures for Non-Resident Non-Filer U.S. Taxpayers

22 December, 2012

I just returned from the American Bar Association Section of Taxation’s annual National Institute on Criminal Tax Fraud in Las Vegas.

A topic of discussion was the relatively new New Streamlined Filing Compliance Procedures for Non-Resident, Non-Filer U.S. Taxpayers (see IRS Instructions here).

David Horton, a senior official from the IRS, made some interesting statements about Non-Low Risk Account Holders Applying Under Streamlined Procedures.

Below are some of my notes:

–      Taxpayers who do not necessarily meet all the factors under the IRS’s streamlined filing compliance procedures for previously unreported offshore accounts should nonetheless apply to the program if they are low-risk account holders.

–      The streamlined program, introduced August 31, was meant as a way to allow low-risk, noncompliant account holders to come clean to the government. It introduced a $1,500 threshold for tax due in a year, as well as factors that would increase a taxpayer’s risk. Those taxpayers that had no risk factors and met the $1,500 threshold would have their applications “processed in a streamlined manner”.

–      Just because a taxpayer fails to qualify under the criteria as being low risk is not a reason to avoid applying to the program. Missing one of the factors only means that a revenue agent will review the taxpayer’s application.

–      A Non-“Low Risk” Account Holders is NOT a necessarily a high risk Non-Low Risk Account Holders. “That does not mean there’s going to be an audit.” “It means it’s going to be reviewed and could be subject to examination.”

–      The IRS “will not necessarily beat up on a taxpayer just because he’s a little bit over or doesn’t meet one of the criteria,” said Christopher Sterner, IRS deputy chief counsel (operations). “It’s just we’re not guaranteeing that the returns will just be processed without any further inquiry from the Service.”

–      The IRS does not have any plans to revisit the $1,500 threshold or the risk criteria.

In spite of all restrictive eligibility criteria, our law firm believes that the New Streamlined Filing Compliance Procedures for Non-Resident, Non-Filer U.S. Taxpayers is an excellent alternative to OVDP for Non-Resident U.S. Taxpayers.

The IRS’ New Filing Compliance Procedures for Non-Resident U.S. Taxpayers seems to be a new EZPASS or express OVDP without any penalties.   We are comprehensively exploring this alternative for our clients and expect to aggressively advocate for a very wide new EZPASS or express OVDP lane for entrants.

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 Streamlined Filing Compliance Procedures Seminar

    The Internal Revenue Service announced major changes in its offshore voluntary compliance programs, providing new…

  • IRS announces new Streamlined Filing Compliance Procedures

    The IRS announced substantial changes to both the Streamlined Filing Compliance Procedures for Non-Resident, Non-Filer…

  • New Warnings in the IRS' Streamlined Filing Compliance Procedures

    The Internal Revenue Service has recently updated the certification forms required to be filed by…

Tags: Asset ProtectionFBAR foreign account offshore offshore accounts ovdi OVDP penalties and interest voluntary disclosure
Category: Planning for Tax Minimization

Post navigation

Previous: Benefits and consequences of entering or failing to enter the Offshore Voluntary Disclosure Initiative program
Next: Uncertainty About The Future Of The Gift And Estate Tax Laws Will Continue

Related Posts

IRS Quietly Changes its Voluntary Disclosure Practice For the Worse

The IRS's Voluntary Disclosure Practice (VDP) allows noncompliant taxpayers who…

Read More

FBAR statute of limitations court case ruling

In its first decision of 2018, the US Tax Court…

Read More

Update on Form 3520 Penalties

The IRS has made it clear that Form 3520 compliance…

Read More

Recent Posts

  • The High Price of Payroll Tax Non-Compliance: Lessons from United States v. PittsSeptember 15, 2026
  • FBAR Willfulness, Recklessness, and the Excessive Fines Defense: Key Takeaways from United States v. RundSeptember 11, 2026
  • FBAR Enforcement and Penalty Analysis: United States v. NiksichSeptember 5, 2026
  • Billions Offshore, Millions Missed: What TIGTA’s Report Means for FATCA EnforcementSeptember 2, 2026
  • Criminal Tax Enforcement Takes Center Stage: The National Fraud Enforcement Division MemorandumAugust 21, 2026
  • Navigating New Jersey Tobacco and Vapor Excise Tax AuditsAugust 11, 2026
  • Navigating the US Estate Portability Election: Strategic Timing and Compliance Procedures for Form 706July 13, 2026
  • IRS Transitions from First Time Abatement to Automated Penalty Relief: Strategic Impacts for Tax AdvisorsJuly 11, 2026
  • Parag Patel to Present on IRS Foreign Asset Enforcement at the 2026 NATP TaxposiumJuly 9, 2026
  • The End of the IRS Delinquent FBAR Submission Procedures?: Still Available under IRM 4.26.16.3.11July 8, 2026

Law Firm Attorney WordPress Theme By Themespride