Foreign accounts

Foreign Accounts: Know Which Problem You Have

Willful and non-willful foreign account problems have very different fixes.

Unreported foreign accounts are one of the places where a civil compliance problem and a criminal one sit right next to each other. Which side you are on depends on willfulness.

Two very different paths

The IRS treats non-willful mistakes and willful concealment differently. Taxpayers whose conduct was not willful may have options like the streamlined filing compliance procedures. Taxpayers whose conduct was willful face a different calculation, and the IRS points them toward the Voluntary Disclosure Practice.

In a voluntary disclosure, FBAR violations are treated as willful

The IRS civil framework for voluntary disclosures, in IRM 4.63.3.18.2, says FBAR violations in those cases are treated as willful and penalized under the IRS FBAR penalty guidelines. Choosing a path is a legal decision with criminal consequences either way.

Privilege matters here

If there is any chance your conduct was willful, have the analysis done under the attorney-client privilege before anything is filed.

General information only, not legal advice. Reading this page does not create an attorney-client relationship. Laws and IRS procedures change; the sources cited were reviewed on the date shown above.

Before you talk to an agent

Exposure is a legal problem. Treat it like one.

If you think a tax problem could carry criminal exposure, talk to a lawyer before you talk to the IRS. Conversations with your lawyer are privileged. Conversations with an agent are evidence.