- 1 IRS Streamlined Procedure
- 2 Two Streamlined Procedure Options
- 3 Streamlined Procedure for U.S. Residents
- 4 IRS Streamlined Procedure for Non-U.S. Residents
- 5 Streamlined Procedure Attorney, Golding & Golding (Board-Certified)
- 6 Recent Golding & Golding Case Highlights
- 7 How to Hire Experienced IRS Streamlined Counsel?
- 8 Interested in Learning More about Golding & Golding?
IRS Streamlined Procedure (What are my Options for Filing?)
IRS Streamlined Procedure: The Internal Revenue Service has developed various programs (aka IRS Streamlined Procedure) to assist with offshore compliance. Two of the most common programs are the Streamlined Procedure for U.S. Residents and Streamlined Procedure for non-U.S. Residents.
IRS Streamlined Procedure
IRS Streamlined Procedure: If you are out-of-compliance for not reporting foreign accounts, assets, investments and/or income the IRS Streamlined Procedure may be for you.
Two Streamlined Procedure Options
The IRS has 5 main options for reporting, and two of the options are the Streamlined Procedure:
- Voluntary Disclosure Procedures
- Streamlined for U.S. Residents
- Streamlined for Foreign Residents
- Delinquency Procedures
- Reasonable Cause
Streamlined Procedure for U.S. Residents
In order to qualify for the IRS Streamlined Procedure for U.S. Residents, there are 3 main requirements:
Original Tax Returns Filed Timely
The filer must have filed original (and timely) tax returns.
*There is some leeway as to how the IRS evaluates the term “timely,” for the Streamlined Procedures.
The filer must be non-willful. While there is not bright-line rule for willful vs. non-willful, the IRS is clear that if the person is willful, they do not qualify for the Streamlined Procedures. Additionally, willful is not limited to “intentionally,” and includes both reckless disregard and willful blindness.
Currently Under Examination or Audit?
If an applicant is under audit or examination, they are disqualified from apply to the IRS Streamlined Procedures.
IRS Streamlined Procedure for Non-U.S. Residents
In order to qualify for the IRS Streamlined Procedure for non-U.S. Residents, there are also 3 main options:
Willfulness vs. Non-Willfulness
As explained above, there is no bright-line test for willfulness vs. non-willfulness. But, we have prepared our own analysis of willful vs. non-willful, which may help guide you through the process of determining where you fall on the spectrum.
There are two different rules to determine if you meet the foreign resident test. One rule is for U.S. Citizens and Legal Permanent Residents, and one rule is for non-residents who met the substantial presence test during the compliance period.
Are You in an Audit?
As with the Streamlined Procedures for U.S. residents, if an applicant is under audit or examination, they are disqualified from apply to the IRS Streamlined Procedures.
Streamlined Procedure Attorney, Golding & Golding (Board-Certified)
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.
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 IRS Streamlined 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.