IRS Extends Deadline for Disclosing Hidden Account

On September 21, 2009, the IRS announced a one-time extension of the special voluntary disclosure program to October 15, 2009.  Until this announcement the program was set to close on September 23, 2009.

Taxpayers who elect to participate in this program and disclose hidden accounts will have to pay taxes, interest and some penalties.  Taxpayers who don't participate are likelty to face harsher civil penalties and possible criminal prosecution.

Some taxpayers have accounts over which they have signature authority but no financial interest, or a financial interest in a foreign commingled fund.  The deadline for these taxpayers has been extended to June 30, 2010. 

There are two reporting requirements for each year that have to be met.  One is the amended federal income tax return and the other is Report of Foreign Bank and Financial Accounts (Form TD F 90-22.1) which must also be filed.  Unless all foreign bank accounts have a combined value of less than $10,000, this report is an annual requirement in addition to the federal income tax return.

If you have offshore accounts of any kind, you should take this opportunity to review your tax returns for 2003 through 2008 and any reports that you have filed to determine whether or not you are fully compliant. 

The IRS also announced that there would be no further extensions.

Time Running Out To Use IRS Voluntary Disclosure Program

Recently, UBS announced that it had agreed to release the names of 4,450 of its account holders to the IRS. This is unsettling news for taxpayers with undisclosed foreign accounts. However, the IRS currently has a Voluntary Disclosure Program to encourage tax payers with unreported foreign accounts, unfiled tax returns, under reported income or frivolous tax deductions to participate and avoid further penalties and criminal prosecution. 

  • Taxpayers must apply to the IRS before the IRS contacts the taxpayer. 
  • On August 25, 2009, the IRS announced that UBS account holders would be eligible until the IRS received the information. Apparently, UBS is notifying its account holders before turning the names over. See IRS Voluntary Disclosure: Questions and Answers

This is crunch time!  UBS account holders are not the only taxpayers with unreported foreign accounts who should be concerned. The disclosure program is about to terminate. 

  • Taxpayers have only until September 23, 2009 to participate in the program. 
  • Voluntary disclosure will allow a taxpayer to avoid criminal prosecution and the assessment of significant IRS penalties. A taxpayer will still have to pay the income taxes, accrued interest and some penalties.  
  • Taxpayers only have one opportunity to make a submission, and failure to qualify for the program, depending on the facts, may lead to criminal prosecution.

If you are interested in a confidential discussion with an attorney about this important opportunity, you may call us at 503-226-2966.