Streamlined Filing Compliance Procedures
Streamlined Filing Compliance Procedures (SFCP): The IRS Streamlined Procedures are a form of tax amnesty for FBAR, FATCA and other international tax regulations. The Internal Revenue Service has developed different programs to help non-willful U.S. and non-U.S. residents disclose offshore accounts, assets, investments and income.
Under the program, the offshore penalties for unpaid taxes are forgiven, and the applicant is either subject to a 5% Title 26 Miscellaneous Offshore Penalty (Domestic Streamlined) or a penalty waiver (Foreign Streamlined).
IRS introduced the Streamlined Filing Compliance Procedures in 2014. This was right around the time FATCA was introduced, and the IRS increased enforcement of offshore FBAR (FinCEN form 114) reporting. If you are out of compliance with reporting foreign money and income to the IRS, you may qualify for the Streamlined Filing Compliance Procedures (SFCP).
Purpose of the Streamlined Filing Compliance Procedres
The overall goal of the IRS streamlined filing compliance procedures is to get into IRS compliance — without breaking the bank.
In recent years, the IRS has become much more aggressive in enforcing FBAR and offshore penalties. By entering the program, you can either leverage a smaller penalty now, against a potentially larger penalty later — or possibly avoid any penalty.
By proactively submitting a Streamlined Domestic submission, you voluntarily pay a “5% Streamlined Penalty” up-front, to avoid a potentially much larger penalty in the future.
Domestic vs Foreign
The Streamlined Filing Compliance Procedures can be broken down further into streamlined for U.S. residents (Domestic) and for non-U.S. residents (Foreign).
Golding & Golding specializes exclusively in IRS offshore disclosure. We have summarized the two different programs for you:
Which Offshore Assets & Accounts Can I Report?
By using the Streamlined Filing Compliance Procedures, an applicant can file either a Form 14654 or 14653, and resolve issues involving (but not limited to):
- Foreign Accounts, Assets & Investments
- Foreign Income
- Foreign Earned Income Exclusion
- Foreign Tax Credit
What is Streamlined Willful or Non-Willful?
In order to be eligible for the streamlined filing compliance procedures, a person must be non-willful.
Were You Non-Willful?
Generally, if a person was unaware that there was a foreign account, foreign income, or foreign asset reporting requirement, the applicant may qualify as non-willful.
Unfortunately, there is no bright-line test, and a more complex “totality of the circumstances” analysis is required.
Non-Willful vs. Lower Standards of Willfulness
Willfulness does not mean intent.
There can be “lower” forms of willfulness, which do not require willfulness or intent — these additional willful standard are referred to as:
Even if a person was only non-willful for a small amount of time, or was willful but only had relatively small amounts of unreported income they do not qualify.
Learn what happens if you are willful and try to enter Streamlined Filing Compliance Procedures.
Non-Willfulness is Required for Streamlined Filing Procedures
The main eligibility criteria for the Streamlined Filing Compliance Procedures is to qualify as non-willful.
As provided by the IRS:
The modified streamlined filing compliance procedures are designed only for individual taxpayers, including estates of individual taxpayers.
The streamlined procedures are available to both U.S. individual taxpayers residing outside the United States and U.S. individual taxpayers residing in the United States.
Descriptions of the specific eligibility requirements for the streamlined procedures for both non-U.S. residents (the “Streamlined Foreign Offshore Procedures”) and U.S. residents (“Streamlined Domestic Offshore Procedures”) are set forth below.
Taxpayers must certify non-willful conduct
Taxpayers using either the Streamlined Foreign Offshore Procedures or the Streamlined Domestic Offshore Procedures, will be required to certify, in accordance with the specific instructions set forth below, that the failure to report all income, pay all tax and submit all required information returns, including FBARs (FinCEN Form 114, previously Form TD F 90-22,1) was due to non-willful conduct.
Non-willful conduct is conduct that is due to negligence, inadvertence, or mistake or conduct that is the result of a good faith misunderstanding of the requirements of the law
IRS has initiated a civil examination
If the IRS has initiated a civil examination of taxpayer’s returns for any taxable year, regardless of whether the examination relates to undisclosed foreign financial assets, the taxpayer will not be eligible to use the streamlined procedures.
Taxpayers under examination may consult with their agent. Similarly, a taxpayer under criminal investigation by IRS Criminal Investigation is also ineligible to use the streamlined procedures.
Taxpayers eligible to use streamlined procedures
Taxpayers eligible to use the streamlined procedures who have previously filed delinquent or amended returns in an attempt to address U.S. tax and information reporting obligations with respect to foreign financial assets (so-called “quiet disclosures” made outside of the Offshore Voluntary Disclosure Program (OVDP) or its predecessor programs) may still use the streamlined procedures by following the instructions set forth below.
However, any penalty assessments previously made with respect to those filing will not be abated.
Taxpayers need a valid Taxpayer Identification Number
All returns submitted under the streamlined procedures must have a valid Taxpayer Identification Number. For U.S. citizens, resident aliens, and certain other individuals, the proper TIN is a valid Social Security Number (SSN).
For individuals who are not eligible for an SSN or ITIN, your tax return will not be processed under the streamlined procedures.
However, for taxpayers who are ineligible for an SSN but do not have an ITIN, a submission may be made under the streamlined procedures if accompanied by a complete ITIN application. Additional information on getting an ITIN is available.
General treatment under the streamlined procedures
“Tax returns submitted under either the Streamlined Foreign Offshore Procedures or the Streamlined Domestic Offshore Procedures will be processed like any other return submitted to the IRS.
Consequently, receipt of the returns will not be acknowledged by the IRS and the streamlined filing process will not culminate in the signing of a closing agreement with the IRS.
Returns submitted under either the Streamlined Foreign Offshore Procedures or the Streamlined Domestic Offshore Procedures will not be subject to IRS audit automatically, but they may be selected for audit under the existing audit selection processes applicable to any U. S. tax return and may also be subject to verification procedures in that the accuracy and completeness of submissions may be checked against information received from banks, financial advisors, and other sources.
Thus, returns submitted under the streamlined procedures may be subject to IRS examination, additional civil penalties, and even criminal liability, if appropriate.
Taxpayers who are concerned that their failure to report income, pay tax, and submit required information returns was due to willful conduct and who therefore seek assurances that they will not be subject to criminal liability and/or substantial monetary penalties should consider participating in the Offshore Voluntary Disclosure Program and should consult with their tax professional or legal advisers.
After a taxpayer has completed the streamlined filing compliance procedures, he or she will be expected to comply with U.S. law for all future years and file returns according to regular filing procedures. “
Increased Enforcement of Offshore Penalties
Here is a brief list of the potential penalties you can get hit with by the IRS:
- FBAR Penalties
- 3520 Penalties
- 3520-A Penalties
- Form 5471 Penalties
- Form 5472 Penalties
- Form 8621 Penalties
- Form 8938 Penalties
- Form 8865 Penalties
SFCP – A Few Recent Updates
Over the past year, the IRS has updated the Streamlined Filing Compliance Procedures (SFCP). The IRS has issued formalized updates, insomuch as the IRS has provided the following informal updates that you should be aware of:
– There is not a separate Streamlined Program for Cryptocurrency.
– The IRS will end the Streamlined Program “sooner as opposed to later.”
– The IRS is increasing the number of Streamlined Disclosure audits.
Golding & Golding: About Our International Tax Law Firm
Golding & Golding specializes exclusively in international tax, and specifically IRS offshore disclosure.
We are the “go-to” firm for other Attorneys, CPAs, Enrolled Agents, Accountants, and Financial Professionals across the globe. Our attorneys have worked with thousands of clients on offshore disclosure matters, including FATCA & FBAR.
Each case is led by a Board-Certified Tax Law Specialist with 20 years of experience, and the entire matter (tax and legal) is handled by our team, in-house.
*Please beware of copycat tax and law firms misleading the public about their credentials and experience.
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 Offshore Counsel
Generally, experienced attorneys in this field will have all the following credentials/experience:
- 20-years experience as a practicing attorney
- Extensive litigation, high-stakes audit and trial experience
- Board Certified Tax Law Specialist credential
- Master’s of Tax Law (LL.M.)
- Dually Licensed as an EA (Enrolled Agent) or CPA
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.