Saturday, June 6, 2009

FBAR Reminders and Update

1. 2008 FBARs (form here) are due by 6/30/2009, and must be physically filed by that date (i.e., the timely-mailing/timely-filing rule does not apply). There is no extension of time available for filing this form. I a delinquent form is filed, taxpayers must attach a statement explaining the reason for the delinquency.

2. Taxpayers with foreign accounts and entities who are contemplating not joining the special voluntary disclosure program must file these FBARs. This should be an considered in the decision as to whether to join the program.

3. The new form (link above) is the one that must be used, but, according to a June 5 IRS press release, taxpayers and advisers can rely on the definition of a U.S. person contained in the July 2000 instructions to the old FBAR form, which was limited to a U.S. citizen or resident, domestic partnership, domestic corporation, or domestic estate or trust.

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