The Streamlined Filing Procedures: A Way for Delinquent US Taxpayers to Get Caught Up

If you are an American expat who has been delinquent in filing your tax returns, then you may qualify for the Streamlined Filing Procedures. These procedures are an IRS forgiveness program that can help you get caught up on your past filing obligations.

However, before you enter the streamlined process, it is crucial to understand that it is not automatically a protection against substantial civil penalties or criminal liability. Instead, returns submitted under the streamlined procedures are subject to IRS audit and verification processes just like any other U.S. return.

What is the Streamlined Filing Procedures?

The Streamlined Filing Procedures are a program that allows eligible US taxpayers to get caught up on their US taxes. This program is also a great option for those who have been abroad for years and have not realized that they need to file US tax returns each year.

The streamlined filing procedures are designed to allow eligible taxpayers to come back into compliance with the IRS by submitting their most recent three years of late tax returns and six years of FBARs alongside Form 14653. This form certifies that the failure to report and pay taxes was non-willful, which translates into lower or no penalties.

In order to qualify for the streamlined filing procedures, you must be an American citizen or permanent resident who has been outside of the United States for at least 330 full days during one of the three tax years. In addition, you must not have been subject to a civil examination by the IRS for any taxable year.

Depending on the version you choose, you may also be required to determine how much you owe in taxes and interest, as well as self-certify as to the offshore penalties that you owe. If you fail to do this correctly, your filing can be rejected by the IRS and you will face substantial additional scrutiny during an audit.

This is especially true for domestic filings that have been delinquent and can be a real concern for many US expats who are living outside of the United States. It can also be a major headache for Accidental Americans, which is a term that refers to individuals who have not been in the United States for a long time but still hold American citizenship.

However, if you do not qualify for the streamlined filing procedures, there are still some options that you can take to resolve your tax issues. The first is to take advantage of the IRS-CI Voluntary Disclosure Program (OVDP), which offers a chance for those with undeclared foreign assets and income to resolve those issues before they are subjected to an IRS audit.

Who Qualifies for the Streamlined Filing Procedures?

The Streamlined Filing Procedures for US Taxpayers are an important compliance option for taxpayers who have not filed their US taxes for a number of years. They can help eligible delinquent US tax payers catch up on their filing obligations and avoid penalties.

The IRS Streamlined Filing Procedures were enacted in 2012 and were a major success, bringing many tens of thousands of late taxpayers back into annual compliance. They are one of the most popular and effective amnesty programs available to US taxpayers.

Those who qualify for the Streamlined Filing Procedures have to certify that they did not intentionally fail to report their income, pay taxes, or submit any required information returns, including FBARs, over a period of three to six years. This lenient approach to delinquency is one of the reasons that the Streamlined Filing Procedures are so popular and have become an effective means for taxpayers to resolve their tax issues.

However, a taxpayer’s non-willful failure to report and pay US tax or file any required international information returns does not necessarily mean that the taxpayer will not be subject to civil penalties. If the IRS considers that the taxpayer committed a fraudulent and/or willful violation of tax noncompliance, then civil or criminal penalties may apply.

For this reason, a taxpayer should be careful when deciding whether to take the Streamlined Filing Procedures or not. They should also consult with a qualified tax attorney before deciding to use this option.

In order to file under the Streamlined Filing Procedures, the IRS requires a valid Taxpayer Identification Number (TIN). This TIN must be a Social Security Number for US citizens and green card holders, or an SSN for foreign residents.

This TIN is essential for many taxpayers to report their income on their tax returns. Without a TIN, the IRS cannot process your return and you will be subject to late filing penalties.

Those who do not have a TIN can still submit their returns using Form 2555, which is available to eligible US taxpayers who have lived outside the United States for at least 10 years and have a bona fide residence in another country. This allows them to exclude a significant amount of their income from their final US tax bill.

How Do I Qualify for the Streamlined Filing Procedures?

The Streamlined Filing Procedures for US Taxpayers are an IRS amnesty program designed to help US citizens who have not filed their income tax or FBARs catch up on their delinquent taxes, penalty-free. These amnesty programs were introduced in 2012 and have helped more than 65,000 taxpayers become compliant with their US tax obligations.

In order to qualify for the Streamlined Filing Procedures, a taxpayer must fulfill a non-residency requirement and certify that their failure to report all income, pay all tax and submit all required information returns (including FBARs), was due to non-willful conduct. This includes conduct that was due to negligence, inadvertence, or mistake.

Additionally, the taxpayer must have a valid Taxpayer Identification Number or Social Security Number to file under the Streamlined Filing Procedures. Unfortunately, many Americans do not have a Social Security Number. However, the IRS is now implementing a solution to address this issue.

Once a taxpayer has enrolled in the Streamlined Filing Compliance Procedures, they can begin filing their back tax returns and FBARs using an ITIN or Social Security Number. The IRS will then review their submissions and make adjustments if necessary.

As long as you meet the eligibility requirements, you may be eligible for a penalty waiver or reduced 5% Title 26 Miscellaneous Offshore Penalty. Alternatively, you may also be eligible for an offshore tax amnesty if you are a low-risk for noncompliance.

Regardless of which option you choose, the key is to come into IRS compliance as soon as possible. With the IRS taking an aggressive approach to enforcing international tax law, it is vital to take proactive steps to avoid being assessed Offshore Penalties or other penalties.

In order to get the most benefit from the Streamlined Filing Procedures, it is important to determine whether you have a high or low risk of noncompliance. This is because the depth of the review performed will vary depending on the level of risk.

Ultimately, the best way to determine your eligibility for the Streamlined Filing Procedures is to consult with an experienced tax attorney who can guide you through the process. They can answer any questions you have about the program, help you decide which options are right for you, and assist you in submitting your paperwork.

What is the Process for Filing Under the Streamlined Filing Procedures?

The Streamlined Filing Procedures for US Taxpayers were first offered by the IRS in 2012 as a way to encourage delinquent Americans who live outside of the United States to catch up on their taxes. Initially, the program was stricter than it is now, and many expats were bumped out of the low-risk category; however, this changed in 2014.

The main purpose for these procedures is to bring non-willful taxpayers into compliance by reporting their foreign accounts, assets, and income. Before these procedures were introduced, OVDP was the only option for these types of taxpayers. The streamlined procedures are now available to a much wider audience.

To file under the Streamlined Filing Procedures, you need to submit a package of tax documents to the IRS. This package must include a form certifying that your prior failure to report income, pay tax, and provide information returns was non-willful. This will ensure that you are eligible for the streamlined filing procedures without being subject to criminal penalties.

You must also have a valid Social Security number or Individual Taxpayer Identification Number (ITIN). If you do not have either, the IRS will reject your application for filing under the streamlined filing procedures.

Once you have submitted your package of tax documents, the IRS will accept it and issue you a streamlined tax return. If you want to make sure that the IRS is aware of your streamlined filing, you should have an attorney prepare a confirmation letter later in the process.

If you have been a subject of a civil investigation by the IRS for tax evasion in the past, you will not be eligible for these procedures. In order to prove this, you must submit a statement (Form 14653) stating that you have not been under civil investigation in the past.

Using a tax professional to prepare your streamlined filing can help you avoid the IRS levying criminal penalties against you. They will be able to review your case and advise you on whether the streamlined filing procedures are the best option for your specific circumstances.