FBAR Quiet Disclosure: Foreign Account Transparency Update (Golding & Golding: Board-Certified Tax Specialist)

FBAR Quiet Disclosure: Foreign Account Transparency Update (Golding & Golding: Board-Certified Tax Specialist)

FBAR Quiet Disclosure: FBAR forms are required to be filed by U.S. persons who have foreign accounts, assets, or investments — and meet the threshold requirements for filing the form. When a person has not filed the form, there are offshore disclosure procedures in place to assist with filing. A Quiet Disclosure FBAR (FinCEN Form 114) to the IRS involves filing current year FBAR (usually along with previously unfiled FBAR forms) without filing under one of the proper amnesty programs:

Quiet Disclosure FBAR

By making a Quiet Disclosure of previously unfiled FBAR forms, you are taking a major risk. The FBAR form is a a deceptively dangerous offshore reporting form — if not for the sheer magnitude of the penalties involved for late, incomplete or unfiled returns. Making matters worse are the globs of bad information you will find online.

As you get lost in one rabbit hole after the next, you start to lose your nerve. You realize the penalties for not timely filing (or ever filing these forms) can be intense.

Compounding the issue and stress-levels, are the scores of fear-mongers, scaremongers, and inexperienced counsel writing gibberish about what may happen to you.

Who do you believe?

  • Are you automatically going to jail for five years? No.
  • Are you automatically getting hit with a 100% percent willful penalty? No.
  • Are you going to lose your immigration status? No.

Before Making an FBAR Quiet Disclosure

Make sure you speak with a Board-Certified Tax Law Specialist who specializes in this area of law so they can explain to you what your real options are. 

Under the new IRS Offshore Disclosure Programs, some people can skate by, legally, with no penalty. Other people may face varying levels of penalties — depending on the facts and circumstances of their situation.

FBAR Penalties – Summary Breakdown, Examples and Review Guide.

Five (Great) Reasons Not to make a Quiet Disclosure FBAR

There are many reasons why it is never good idea to make an FBAR Quiet Disclosure; here are 5 good reasons not to

You May Not Even Need an FBAR Quiet Disclosure to Avoid IRS Penalties:

Here’s an example: Felicia is from Spain.  She has foreign accounts that are worth $1 million.  She never reported them because she never knew she had to report them.

Although she lived in the United States for many years, in 2017 she traveled back to Spain to be with her mother, and spent 350-days in Spain.

Felicia may qualify for the Streamlined Foreign Offshore Procedures (see below), in which she can legally fix her prior mistakes — and all penalties or waived.

Once You Make an FBAR Quiet Disclosure, You Are Now FBAR Willful

FBAR Willful penalties are bad.  The floor penalty (lowest that it goes) absent very mitigating circumstances, is $100,000 per year.

If you were non-willful like Felicia above, but then went ahead and knowingly filed an FBAR Quiet disclosure, you have now taken a benign situation, and potentially turned it into a willful or even criminal situation.

You May be Criminally Investigated

The Internal Revenue Service created various programs to assist people who are out of FBAR  compliance. This includes people who were willful.

In other words, even if you knew you were supposed to file but didn’t, there are legal means for you to get into compliance. But, if you sidestep these responsibilities and the IRS finds your Quiet Disclosure, they have let it be known that they will pounce on your finances.

You May Lose Immigration Status

This is not common, but something to consider: if you were non-willful, there is almost no chance of any major catastrophe with your status. Under the current administration it is probably a bit more tense than it would otherwise be, but still…losing immigration status is not common.

On the flip-side, if you knowingly commit fraud by submitting an FBAR quiet disclosure, you maybe setting yourself up for more serious complications when it comes time to renew or change your status.

You are Better off Regaining Your Peace-of-Mind and Sleeping Well Again

At Golding and Golding, we are 100% dedicated to getting you safely FBAR compliant. There is no other firm on the planet that is more qualified to assist you.

Our team is led by Board-Certified Tax Law Specialist (less than 1% of attorneys nationwide), and offshore and voluntary disclosure are the only areas of law we do.

We have submitted more than 1000 disclosures and two of the most common compliments we receive are:


  • Thank you for helping me regain my peace of mind


  • Thank you, I can finally sleep again

Golding & Golding (Board-Certified Tax Attorney Specialist)

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.

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.

Recent 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 Streamlined Counsel?

How to Hire Experienced FBAR Counsel?

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.


Golding and Golding, Board-Certified Tax Law Specialist

Golding and Golding, Board-Certified Tax Law Specialist

Golding & Golding: Our international tax lawyers practice exclusively in the area of IRS Offshore & Voluntary Disclosure. We represent clients in 70+ different countries. Managing Partner Sean M. Golding is a Board-Certified Tax Law Specialist Attorney (a designation earned by < 1% of attorneys nationwide.). He leads a full-service offshore disclosure & tax law firm. Sean and his team have represented thousands of clients nationwide & worldwide in all aspects of IRS offshore & voluntary disclosure and compliance during his 20-year career as an Attorney.

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.
Golding and Golding, Board-Certified Tax Law Specialist