The answer is yes, and no. It depends on how you define the term “non-resident.”
Non-Resident FBAR Filing
The concept of FBAR and residency is focused on the legal concept of the term “resident,” and not technically where the filer lives.
For example, if a person is a U.S. Citizen or Legal Permanent Resident and reside outside of the United States, they may refer to themselves as a “non-resident.” This is because they are not residing in the United States.
Nevertheless, from an FBAR Filing standpoint, the U.S. person who resides outside of the U.S. still must file and FBAR.
Because the FBAR filing requirements are determined by legal residence status, and not location of residence. Therefore, a U.S. person who resides outside the U.S. is still considered a U.S. resident for FBAR filing (and tax) purpose. Likewise, a U.S. person who resides outside of the U.S. files a 1040, not a 1040NR (1040 NR is for non-residents)
Legal Non-Residents & FBAR
If a person is non-resident (non-U.S. citizen and non-legal permanent resident) then they are considered a non-resident and would generally not be required to file the FBAR. This could change if the person is a non-resident BUT stays in the U.S. long enough to be considered a U.S. resident – because they met the substantial presence test.
Are You a Foreign Resident Out of FBAR Compliance?
We specialize exclusively in international tax, and specifically IRS offshore disclosure.
We have successfully represented clients in more than 1,000 streamlined and voluntary offshore disclosure submissions nationwide and in over 70-different countries. We have represented thousands of individuals and businesses with international tax problems.
We are the “go-to” firm for other Attorneys, CPAs, Enrolled Agents, Accountants, and Financial Professionals across the globe.
- Learn more about the Board-Certified Tax Lawyer Specialist credential
- Learn more about the Enrolled Agent credential
- Learn more about Golding & Golding’s Case Accomplishments
- Learn more about Golding & Golding Testimonials from prior clients
We are the “go-to” firm for other Attorneys, CPAs, Enrolled Agents, Accountants and Financial Professionals worldwide.
Less than 1% of Tax Attorneys Nationwide Are Certified Specialists
Sean M. Golding is one of less than 350 Attorneys (out of more than 200,000 practicing California Attorneys) to earn the Certified Tax Law Specialist credential. The credential is awarded to less than 1% of Attorneys.
Golding & Golding Case Highlights
- We represented a client in an 8-figure disclosure that spanned 7 countries.
- We represented a high-net-worth client to facilitate a complex expatriation with offshore disclosure.
- We represented an overseas family with bringing multiple businesses & personal investments into U.S. tax and offshore compliance.
- We took over a case from a small firm that unsuccessfully submitted multiple clients to IRS Offshore Disclosure.
- We successfully completed several recent disclosures for clients with assets ranging from $50,000 – $7,000,000+.
How to Hire Experienced FBAR Counsel?
Generally, experienced attorneys in this field will have the following credentials/experience:
- Board Certified Tax Law Specialist credential
- Master’s of Tax Law (LL.M.)
- Dually Licensed as an EA (Enrolled Agent) or CPA
- 20-years experience as a practicing attorney
- Extensive litigation, high-stakes audit and trial experience
Interested in Learning More about Golding & Golding?
No matter where in the world you reside, our international tax team can get you IRS offshore compliant.
Golding & Golding specializes in FBAR and FATCA. Contact our firm today for assistance with getting compliant.
Sean holds a Master's in Tax Law from one of the top Tax LL.M. programs in the country at the University of Denver. He has also earned the prestigious IRS Enrolled Agent credential. Mr. Golding's articles have been referenced in such publications as the Washington Post, Forbes, Nolo, and various Law Journals nationwide.