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 EZPASS OVDP Without Any Penalties for Non-Resident U.S. Taxpayers

2 September, 2012

Yesterday, as expected, the IRS announced its new New Filing Compliance Procedures for Non-Resident U.S. Taxpayers that taxpayers presenting “low compliance risk” should file delinquent tax returns, including delinquent information returns, for the past three years; and delinquent FBARs for the past six years.  This seems to be a new EZPASS or express OVDP without any penalties.

Taxpayers with higher compliance risk are not eligible for the New Filing Compliance Procedures for Non-Resident U.S. Taxpayers. Such taxpayers will be subject to a “more thorough review and possibly a full examination, which in some cases may include more than three years, in a manner similar to opting out of the Offshore Voluntary Disclosure Program”.

Opting may not be a bad situation.  Depending on the circumstances, we sometimes recommend some of our OVDI 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 persuasively advocating for no penalties or the FBAR Penalty Mitigation guidelines to apply.

Under the new New Filing Compliance Procedures for Non-Resident U.S. Taxpayers there is an IRS Questionnaire required for entrants. If you filed returns but did not report all income it appears you cannot amend via this new program since amended returns are “high risk”, except for the sole purpose of filing Form 8891 regarding retirement or savings plans by treaty. Also, once a taxpayer attempts this new streamlined program, the OVDP is no longer available.  Even worse, there appears to be no immunity from criminal prosecution through this new program (if the IRS determines high risk or ineligibility). Therefore, careful full legal analysis of all risk factors is required.  Legal counsel is strongly recommended.

In spite of all restrictive eligibility criteria, is this a new alternative to OVDP for Non-Resident U.S. Taxpayers? Our law firm absolutely thinks so.  We intend to comprehensively explore 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

  • HSBC Client Pleads Guilty to Conspiring to Hide Indian Accounts From IRS

    An Indian-American businessman on Tuesday pleaded guilty to conspiring to defraud US tax authorities by…

  • New Law's Reporting Requirements Make It Very Likely That the IRS Will Now Know About Your Foreign Account

    you should assume that the IRS will eventually be informed of your foreign account, and…

  • Details of the Streamlined Domestic Offshore Procedures

    Many U.S taxpayers are unfortunately surprised to discover that they have a U.S. tax reporting…

Tags: Asset ProtectionFBAR foreign account offshore opt out ovdi OVDP voluntary disclosure
Category: Planning for Tax Minimization

Post navigation

Previous: Instructions for New Streamlined Filing Compliance Procedures for Non-Resident, Non-Filer U.S. Taxpayers
Next: 2 recent IRS developments that will impact Indian Americans

Related Posts

Parag Patel Esq. speaks at New Jersey Society of Certified Public Accountants (NJCPA) Annual Tax Seminar: “2022 Federal Tax Update and Latest Tax Controversy Hot Topics”.

Parag Patel Esq. will be a featured speaker at a…

Read More

IRS Uses New Funding to Target US Persons with Malta Accounts

The US Treasury and US Internal Revenue Service are to…

Read More

New law complicates US Passport issuance

Pending legislation, H.R. 22 called Developing a Reliable and Innovative…

Read More

Recent Posts

  • The Enforcement Surge: What the DOJ and IRS Campaign Means for Tax Professionals and Their ClientsOctober 17, 2026
  • 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

Law Firm Attorney WordPress Theme By Themespride