A Streamlined offshore procedure submission to either the Domestic or Foreign IRS submission programs is a big deal. By submitting to the streamlined program, you are making a proactive representation to the IRS, under penalty of perjury.
The streamlined certification form (14653 and 14654) involves both tax and legal representation, and has many pitfalls.
Streamlined Offshore Certification by U.S. or Non-U.S. Person
The Streamlined Offshore Certification Form 14563 & 14654 are required in order to make a streamlined submission. Contained directly above the signature block on the certification form, is the phrase:
“Under penalties of perjury, I declare that I have examined this certification and all accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete.”
What is the Penalty of Perjury?
The Penalty of perjury statute is contained in 18 U.S. Code §?1621. Perjury generally:
18 U.S. Code §?1621
Whoever— (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or
(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
Importance of Experienced Streamlined Offshore Counsel
In the past few years, the market has become inundated with attorneys falsely representing their experience in offshore disclosure. These attorneys lack credentials, experience and advanced certifications. They make false representations, including:
- Claiming to specialize, but actually practice in multiple areas of tax law
- Downplay the importance of signing under penalty of perjury
- Misrepresent the nature of the Kovel Letter and Attorney-Client privilege.
- Underestimate the importance of being dually-licensed
- Fail to achieve advanced credentials or certifications
Golding & Golding: About our International Tax Law Firm
Golding & Golding specializes exclusively in international tax, and specifically IRS offshore disclosure and
Contact our firm today for assistance with getting compliant.