Amnesty Procedure

This is a special IRS program for U.S. taxpayers (including expats) who failed to file tax returns or FBARs but were non-willful in their noncompliance. It allows them to get caught up on taxes without facing severe penalties. 

You must:

• Be a U.S. citizen or green card holder

• Have failed to file U.S. tax returns or FBARs

• Certify that your failure was non-willful

• Not be under IRS audit or criminal investigation

If you've filed your tax returns but forgot to file FBARs, and you have no unreported income, you may file past FBARs with an explanation. No penalty is typically assessed if the IRS accepts your reasonable cause.

This program is for individuals who:

• Relinquished U.S. citizenship after March 18, 2010

• You were not aware of their U.S. tax obligations

• Have not filed U.S. tax returns as a citizen or resident

• Have less than $2 million in net worth

• Have a total tax liability of less than $25,000 for the six-year compliance period

It allows for penalty-free filing and no certification of tax compliance (Form 8854).

Non-willful means your failure to file or report income was due to negligence, mistake, or misunderstanding of the law,  not intentional evasion.

Depending on the procedure, you may need:

• Up to 3-6 years of tax returns

• Up to 6 years of FBARs (FinCEN 114)

• Statement of facts (for streamlined or relief procedures)

• Proof of citizenship relinquishment (for former citizens)

Penalties for FBAR violations can be severe,  up to $10,000 per unfiled year for non-willful cases, and higher for willful violations. Streamlined and other amnesty procedures can help avoid these.

Yes. The Streamlined Foreign Offshore Procedure is designed specifically for U.S. taxpayers living abroad and includes 0% penalties if you qualify.

Yes. We offer confidential consultations to assess your situation and recommend the most appropriate and penalty-minimizing path forward.