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“The US system of tax reporting and FBAR reporting is exceedingly complex, and materially differs from the reporting requirements in most other countries in the Western world.” So says Dan Price, my guest on this week's Ask An Expert show. That's why there's a high chance of non-compliance if you're an expat in the US, and why you need to hear this week's episode. Dan is a distinguished tax attorney, two years into running his own firm but with almost 20 years of experience at the IRS Office of Chief Counsel. While there he established programs designed to aid individuals in becoming tax compliant, and covered both criminal and civil IRS audits. He knows his stuff, so it's a privilege to have him on the show to take us behind the scenes at the IRS and give you expert advice on staying tax compliant. We talk about:·      The cost of compliance for middle-class tax payers. What qualifies as middle-class? And what are the costs of being in non-compliance? Hint: they're significant.·      How to streamline your filing with the IRS. As Dan explains, there are myriad systems and procedures in place to catch wilful non-compliance. You can't beat the algorithm, so don't try.·      The difference between true ignorance, or wilful blindness, and knowingly ignoring tax obligations. if you're an expat or an immigrant and you came here mid-career, there's a very good chance you're in some form of non-compliance. Don't bury your head in the sand. It's very possible the IRS already has information about you and it might one day catch up with you. There are solutions, palatable solutions, as you'll hear in this episode.For more information on Daniel N Price LLC, visit pricetaxlaw.comWe're the Brits in America is affiliated with Plan First Wealth LLC, an SEC registered investment advisor. The views and opinions expressed in this program are those of the speakers and do not necessarily reflect the views or positions of Plan First Wealth. Information presented is for educational purposes only and does not intend to make an offer or solicitation for the sale or purchase of any specific securities, investments, or investment strategies. Investments involve risk and unless otherwise stated, are not guaranteed. Be sure to first consult with a qualified financial adviser and/or tax professional before implementing any strategy discussed herein. Plan First Wealth does not provide any tax and/or legal advice and strongly recommends that listeners seek their own advice in these areas.

Unlock powerful small business tax strategies with seasoned financial expert Sohail Sadeghi, Principal at Atlantis Tax Group and Financial Services. In this episode, Sohail shares insider tips on reducing tax liability, avoiding costly tax mistakes, and navigating international tax laws.

In this episode, Derek sits down with Nathalie Goldstein, CEO of MyExpatTaxes and an IRS Enrolled Agent, to break down everything Americans living abroad need to know about filing their U.S. taxes. Whether you're in Denmark, Austria, or anywhere else in the world, Uncle Sam still wants his cut—and ignoring it isn't an option.You'll find out:

On this episode, Nicole Graham, Risk Consultant — Aon, and Stan Sterna, Vice President — Aon, the national administrator and broker for the AICPA Member Insurance Programs, discuss identifying high-risk clients and managing conflicts of interest. They share their experiences and insights on professional liability risks, client acceptance and continuance protocols and the importance of maintaining objectivity and ethical standards in the accounting profession. What you'll learn from this episode: Why it's critical to have and follow client acceptance and continuance protocols. How to properly manage a conflict-of-interest situation within a firm. Best practices on termination of client relationships. The importance of having an engagement letter in place particularly when dealing with high-risk clients. AICPA resources Client Termination Practitioner Checklist and Notification Letter Terminate a client relationship by following these helpful practice management reminders and then formally communicate the termination to your client. Say “I do” to engagement letters This podcast centers around the importance of engagement letters for tax practitioners.    Client Continuance Evaluation Tool Tool designed to help CPA firms determine whether or not they should continue working with a client or terminate the relationship.   Transcript April Walker: Hello, everyone, and welcome to the AICPA's Tax Section Odyssey podcast, where we offer thought leadership on all things tax-facing the profession. I'm April Walker, a lead manager for the Tax Section, and I'm here today with Nicole Graham and Stan Sterna. They are both with Aon, and I'm going to let them tell you a little bit about what they do. We're here together recording, which is always exciting to be able to do that in person at Digital CPA in Denver, and they are doing a session called identifying conflicts of interest and high-risk clients. I thought, that sounds really interesting and something our listeners might want to learn more about. Stan, we'll start with you. Tell us a little bit about your background and where you're coming at this session. Stan Sterna: Sure, thank you, April. I have a legal background. I started off practicing law, about 34 years ago, I'm dating myself. My entire career has been defending professional service firms and then an opportunity to take a position with Aon, who is the national administrator and broker for the AICPA Insurance Program, of which CNA is the underwriting partner, the carrier and had worked with Aon for a long time and they wanted me to come over and serve as a risk control consultant for not only the program but also for some of the larger firms as well. I came over about 2016 and I currently advise firms on professional liability risks, cyber risk. I'm also involved in doing presentations like I am here today at Digital CPA and other industry events, writing articles for the Journal of Accountancy, as well as other publications. I like to look at ourselves as risk advisors as not somebody that puts a stop sign up and says, don't do anything or don't do something. It's giving folks in the accounting profession the tools in order to manage the risk while providing services and expanding and growing their practice. April Walker: Nicole, what's your perspective on this topic today? Nicole Graham: Well, I am here to scare everyone just a little bit. April Walker: That's okay. Nicole Graham: But I'm Nicole Graham. I am like Stan, a recovering attorney. I was in litigation practice for almost 18 years. For the majority of that time, I represented professional service firms in professional liability litigation and also disciplinary actions. I did that for a long time and decided to take off the boxing gloves, stop fighting every day, and instead take all those lessons learned and now try to work with firms proactively to avoid some of those pitfalls. April Walker: Let's talk about identifying high risk. High risk could mean different things to different people. Stan Sterna: I think the first thing you need to do, April, is you have to have client acceptance and continuance protocols in place. That's vital to identifying, is this client a right fit? You have to have that process, but as part of that process, you have to identify initially what is the risk appetite of the firm. What is your ideal client? It could be by industry, it can be by size. It could be by geographical location. It could be by the amount of revenue they make if it's a company or income. Identifying what is your ideal client, I think, is the first step. Then you have to not only, and I think this is important, evaluate a client when they're coming through the door to see if it fits the risk appetite at a firm, but also you have to continually and regularly monitor the client and whether or not the client is still a member or still fits within your risk appetite. That's what we call client continuance. Sometimes client acceptance, everybody does client acceptance and might not be in one shape or the other, might not be the best client acceptance. April Walker: It's not formal maybe. Stan Sterna: Everybody's evaluating even folks that don't have written criteria or developed any concrete parameters. In some subconscious level, you're thinking, is this somebody that I want to work with or have as a client? But on the other hand, continuance seems to get short changed, especially in the tax area. One of the things that we've seen when we've dealt with a tax claim is situations where you have a client who maybe doesn't pay on time, or the client is constantly providing information at the last minute, and you're scrambling and you have to get extensions. But yet, when the client came in the door, it seemed like a perfect fit for the firm. You're not re evaluating the situation, whether it's the demeanor of the client, the way they cooperate or maybe just circumstances change with the client that at least should be the impetus for looking at the client and rethinking is this client a good fit for our particular firm? Unfortunately, we've seen a lot of claims in the past, both Nicole and I, where continuance was the issue and not monitoring, is this a potentially high risk client? I think, in the tax area, one of the biggest risk flags or red flags is not paying fees and/or not giving information on time. Unfortunately, when people don't pay fees and they're constantly either slow paying or they want to pay a fraction of it, if you pursue those fees, a lot of clients will turn around and point the finger at the accountant and say, well, there was something that you did that I didn't like, and that's the reason why I'm withholding fees. A lot of them it's a ruse to be frank with you, a client ruse in order to avoid either paying the fees or have some leverage in negotiating the fees. April Walker: Sure. Stan Sterna: Folks people are dedicated to the profession and I'm sure there's a lot of folks out there that absolutely love what they do and they love their clients, but for the most part, people aren't doing tax work for free. This is not a hobby. April Walker: This is not nonprofit. Stan Sterna: You should get paid. We've seen plenty of circumstances in the past where you know it's a problem client. Every time you say, well, I'm in the midst of preparing your returns for this year, I need to get paid from last year, and they'll put it off because they don't necessarily want to get in a situation where they're going back and forth with the client. Some folks will look back and go, well, the founder of our firm brought that client and it's a legacy client, and yeah, they don't pay, or yes, they're always questioning what I'm doing. They always want to, and these are other red flags, take shortcuts when preparing their taxes or giving you incomplete information. Then you continue to say, look the other way and muddle through it and file a return with the best information available. Keep your fingers crossed. April Walker: That's not a good risk plan. Stan Sterna: That's not a good risk risk plan. In that situation, you should really look at that individual. It could be a friend. It could be a legacy client and decide, do we really continue together on this path in a tax preparer client relationship? Is it in my best interest to do that? April Walker: These are good things. I'd like to pivot a little bit now and we'll talk about with Nicole, and certainly a high risk client could be, or another way of looking at it would be a conflict of interest. Talk to me Nicole a little bit about what kind of conflict of interests do you see that are problematic and how practitioners can recognize that, and also, take the next step as far as what do they do if they identify something as conflict of interest? Nicole Graham: A conflict of interest is really just being able to identify and manage situations where there are competing interests or relationships. CPAs are required to maintain and protect their objectivity when they're providing client services. That is paramount to their duties to their client under the code of conduct, and something that we have to protect. Nicole Graham: The way that the conflict of interest comes up is you have clients that could be adverse to one another. April Walker: A divorce situation? Nicole Graham: Correct. Or you have business partners who are going through a business dispute and you represent both of the business partners. We see that a lot. When you look at these relationships and competing interests, you have to ask yourself questions. Am I able to remain objective while providing service to both affected clients, you also need to make sure that you are not putting your personal interest before client interest because there are your own self-interest or the interest of interests that your firm has or that close family members or close friends have that could affect your objectivity in providing client services. This is something that you need to look at when you're evaluating a potential conflict. You should be asking yourself, who are the stakeholders, do I have any personal issues that I need to address or any personal interests? Yes, no. Does this affect a client? For example, do I already represent a competitor in that industry, and would providing strategic insights to these competitors be a conflict? Could it be to the detriment of my other client? These are things you need to look at. If you have a conflict, it doesn't necessarily mean you have to turn away the business, but it is something that you need to evaluate and you need to evaluate it from the beginning. If however, you identify the conflict, you can then proceed with a representation, but you have to meet a little test. If you look at Section, I think it's 10.29 of circular 230, it identifies the ways that you can manage the conflict and still represent the client. You have to have a reasonable belief that you can provide the affected clients with proper objectivity and diligence in the representation. You have to make sure that you're not violating any laws by representing them both and you have to have informed consent and waiver by the client and it must be in writing, and it must be done sooner rather than later. Don't wait till the end of the representation to address it. In identifying how you go about this, we usually refer to it as the ACE framework. Awareness, communication, and exit, awareness, identifying the conflict, and once you identify it through asking yourself these various questions, then you have to communicate the conflict to the client. When you do that, you have to be specific about the potential conflict. You want to make them aware of it, you want to make them aware of the potential implications. You want to tell them your idea for how you plan to manage what guardrails you're going to put in place during the provision of services to protect them. You want to get their consent. You want to get it in writing. You want to document it, and then you also need to keep that documentation. Then if you decide through your analysis though, that the conflict can't be properly managed, that despite all the guardrails you can put in place, you still feel that there is exposure to you or your firm in going forward with the representation, then you should consider not taking on that client or disengaging, you have to eliminate the conflict. April Walker: Very helpful, Nicole. In your ACE framework, E is for exit. We've got exit and terminating the relationship. Nicole Graham: It's really when you're evaluating how to put in different guardrails, for example, can you have separate engagement teams to help both clients who might have competing interests and form an ethical wall? Then you realize, actually, I don't have enough people with the requisite expertise to form two engagement teams. Well, then that means you cannot take on both representations, you're going to have to eliminate the conflict, so you'll have to figure out which of the clients to move forward with and which one to let go. That's one of the most basic ways I've seen firms have to exit from a situation where they didn't have the resources to put in the proper guardrails, like having separate engagement teams. April Walker: That makes sense. Stan, where do you see termination in this risk area, and how do you help your clients with that? Stan Sterna: It's an important part. Like I said, not every client is a good fit for a firm. There's going to be clients that you really shouldn't touch with a 10 foot pole. There is a method to terminating that if you do it effectively, can help mitigate your risk. This is in the context of not only conflicts of interest, but high-risk clients that you don't want to take on. Most claim scenarios involving client termination involve terminating in such a way that the client feels you left them in a lurch, and that there was some deadline that is going to be missed because you left him in a lurch and maybe you didn't tell him about that deadline. That is really, I think, the core focus of claim scenarios involving termination. How do you terminate? Is there a good or is there a bad way? I think there is a good way. Once you make the decision, we need to terminate this client. I'll say April, more and more firms, and I'm encouraged by this, are culling their clients. The way to do that is once you identify this as a client that maybe for whatever reason is one that the firm is no longer going to continue with, what you should do it should be in writing definitely. Claim scenarios involving accountants' liability situations are document intensive. This is not a car accident type of case where there are eyewitnesses, it is going to fall back on documentation. Documenting a letter by a traceable delivery method, whether it's certified, whether it's traceable electronic communication, registered mail, whatever, a traceable delivery system or delivery method that says we are terminating. The ABC CPA firm is terminating the engagement effective immediately returning all original documents to them and then saying in the letter, you have important deadline and it's coming up here. You have to file your returns by this date or you have to file an extension by the state. We'll gladly connect with your successor tax preparer when you identify them and provide them whatever information they need so that they can I'm not going to do any work. But if they need some documents that we have or just want to converse, we'll make ourselves available. Then one thing we always hear from clients is that they want to get into a tit-for-tat with the client. I want to put in the letter everything that I felt they did that made my life miserable. We always advise, don't do that. The termination letter is not an opportunity to go through a give and take, a back and forth with my client. It's not productive. You don't have to do that. You should have a termination clause and your engagement letter says, we can terminate at any time. If you want to put in there because the fees aren't being paid, I would say each side should be allowed to terminate. That's not the point to do it. Plus, when you start arguing facts, facts they're subjective. People have their own ideas and their own version. Another important thing is, I think you should always say there's unpaid fees and that you owe me the outstanding fees because I don't want to give the disgruntled client the opportunity to say, well, obviously you terminated because you did something wrong and you didn't ask for your fees. That's why you didn't really pursue your fees. Saying, hey, it's legitimate work we did. This is the work that's finished. You owe us X amount. I think further buttresses the strength of the termination letter. There is a mitigating way to mitigate risk. Nicole Graham: I just wanted to add a point on when you in your termination letter advised that there are outstanding fees, I would always characterize enclosing your final bill. You don't want a situation where they think paying the bill means that they get to stay on as a client or that they get to argue that. Definitely characterize it as the final bill for services and that making it clear that there will be no further services. April Walker: Thank you so much. Nicole and Stan. This has been a lot of good information for our listeners to think about. Nicole, is there anything else you would like to leave us with as we're thinking about conflict of interest? Nicole Graham: Sure. I think it's really important to have your conflict management practices and protocols in place. You want to make sure that you have your framework really built out and you want everyone in your firm to know what these practices and procedures are and explain to them why they're needed. These are not just for your intake people to go through because during the course of an engagement, these conflicts can change and if you have a conflict that changes, you need to address that with the client because you no longer have informed consent if they don't know that there was a change. That's good. That's why it's imperative that not just your intake people know, but the whole firm knows and understands why you do that. It's important to create a culture where people are aware of their ethical obligations, they feel comfortable raising these questions and concerns to the appropriate channels within the firm. You want to make sure that your tone of the top is really stressing your ethical responsibilities, that there are clear reporting channels for your people to address their concerns with. Really, as Stan said, documentation is so key in these engagements, you want to make sure that your conflict management process is properly documented. You want to have everything documented from when you identified the conflict to however it was managed and resolved, whether it was exiting the engagement with the client and having your disengagement letter or having your informed consent and putting your guardrails in place. That should all be properly documented. Consistency is key because if you have the practices and procedures in place, you need to follow them. Because if you have a deviation from your practices and procedures, that will be exploited by a plaintiff's attorney and you're going to have to answer that in a lawsuit. A good way to have consistency is training and education with your people. Make sure that they are aware you have continuous training and workshops to stress their ethical responsibilities in managing these conflicts. April Walker: I know that when I was in practice, we had a yearly review of the client list and we had to sign and say that there were no conflicts or if there were, we had to address them. I don't know if yearly was sufficient, but that was the message that I heard that it was important. Nicole Graham: I think that's a great idea. I will say, to make it where that exercise doesn't become a check the box exercise for your practitioners, have that statement that they have to sign go out at the same time you're doing the training. So all of the things you're telling them to consider about ethics and conflicts are top of mind when they're reviewing that. April Walker: Makes sense. Nicole Graham: Stan, what's some closing thoughts you'd like to leave us with today? Stan Sterna: Well, I think the first thing I'd like to note is that tax claim severity has been increasing in recent years. I've been doing this a long time and for years, tax claim frequency was and still is the highest. We receive more claims involving tax services than any other service offering and that's not surprising. It's the bread and butter of what CPAs do and accountants do. But we've seen an increase and it's driven mainly by FBAR and syndicated conservation easements, promoting them, lack of due diligence with regard to it and IRS disallowing the deduction and then the accountant gets sued. Those are some substantial damages involved. The other thing is tax is always the lowest service line in terms of use of engagement letters. Obviously, as an auditor, our attest engagements are required to have engagement letters. But a lot of folks and we get a lot of questions from folks or a lot of comments that are tax preparer only and saying something along the lines of, well, I've never used engagement letters or my clients there's no expectation. I've had these clients for years and years. It's monotonous. It makes it look like I'm trying to hide something or cover my bases and all that. It's really not true. You got to look at it this way, and it's an analogy that Nicole and I use a lot when we're talking to folks is you certainly wouldn't have somebody come into your home and do work on your house without a contract, without an engagement agreement, without knowing what they're going to do, what's the limitations of what they're going to do, what is the scope of what they're going to do, how much they're going to get paid, all those things. Why would the expectation be that the client is going to get their tax returns prepared or have tax work done without an engagement agreement? Just doesn't make make sense.  They shouldn't be offended by it. It should just be something that is just as beneficial for them as it is for the CPA is Number 1. Number 2 is that when you're dealing with a high-risk client, one of the first things that we go to high-risk client or not, Nicole can tell you this when we would deal with defending CPAs in a professional liability claim, first thing we would ask for is the engagement letter. Let me see what you're doing, what you agreed to do and with certain clients or with any client? What are your liability limitations that you have in engagement agreement? A lot of folks use and we recommend highly and we have templates of terms and conditions where you can limit the liability. You can have damage caps if the other side agrees to it. You can shorten the statute of limitations. You can pinpoint what venue and what law will apply. A lot of different things to help limit your exposure. It's going to ultimately be the court's decision if you end up unfortunately in litigation as to whether or not they're going to uphold these provisions. Well, I know some will if it's clear and concise, and it's not otherwise boilerplate in the engagement agreement. They'll look at two sophisticated parties, both going back and forth negotiating an engagement agreement. It was pretty clear what the expectation was and everybody knew what was intended. But even if it's not used or the court does not uphold it, we use it claims in defending the claim. In settlement negotiation, you can use it as leverage to say to the other party, you're asking for exorbitant damages. You really need to discount them considerably because I have this cap, let's say, a damage cap in a provision limiting your damages to $10,000. Even in situations where maybe the court didn't uphold the cap, maybe it's subject to appeal, maybe a court just denied a summary judgment motion to limit the damages and said, you know what, we'll let the jury decide later. You can use that as leverage. It's always an argument unless it's dead in the water, unless they dismiss it with prejudice, it's something that you can use if it's subject to appeal or if it's just going to be something they're going to argue at trial as an issue of fact and the court didn't dismiss it. I think those are two critical things that I'd like to tell your audience since we had the opportunity today. April Walker: Those are good. I appreciate you giving us information and I know our listeners will appreciate it. Again, sometimes it's not the most fun topic to talk about or to hear about, but important nonetheless. Stan Sterna: You're right. It's not fun, but it's fun when you avoid a bad situation because you remember something that either you read or maybe something Nicole and I said today, that makes it where you feel like it's well worth it. April Walker: Very good. Thank you so much, Nicole and Stan. The name of our podcast is Tax Section Odyssey, so I like to think about our journeying together, we're journeying together as an odyssey towards a better profession. Just for a little bit of fun, I like to hear from our guests on what their journeys outside of tax are. Just quickly give me if you have a travel, something planned maybe for the holidays or something coming up that you're excited about. Nicole Graham: Well, I'm very excited for the holiday season, but not for traveling, but I'm excited for traveling this winter for the ski season. I will be traveling up to Vermont to go skiing, I'll be traveling locally in Pennsylvania to go skiing, and I'm hoping to make it back out to these parts since we're in Denver to do a little skiing. Unfortunately, I can't tack on any days to this conference. But I'm very excited for the ski season. April Walker: Wonderful. What about you, Stan? Stan Sterna: Well, I'm almost hesitant to say this as a risk advisor, but I'm hoping to have a casualty-free holiday season. I ended up three stitches in my index finger at Thanksgiving carving the turkey, so I'm just going to watch someone else carve it and just eat and enjoy my holidays hopefully casualty-free. I love it. That sounds good. April Walker: Just enjoying without a trip to the urgent care or the emergency room. That's perfect. Thank you again so much. Again, this is April Walker from the AICPA Tax Section. This community is your go-to source for technical guidance and resources designed especially for CPA tax practitioners like you in mind. This is a podcast from AICPA & CIMA together as the Association of International Certified Professional Accountants. You can find us wherever you listen to your podcast and we encourage you to follow us so you don't miss an episode. If you already follow us, thank you so much and please feel free to share with a like-minded friend. You can also find us at aicpa-cima.com/tax and find our other episodes. One of which is an episode specifically about engagement letters with our CNA friends. You can find that and get access to other resources mentioned. Thank you so much and thank you for listening. Keep your finger on the pulse of the dynamic and evolving tax landscape with insights from tax thought leaders in the AICPA Tax Section. The Tax Section Odyssey podcast includes a digest of tax developments, trending issues and practice management tips that you need to be aware of to elevate your professional development and your firm practices. This resource is part of the robust tax resource library available from the AICPA Tax Section. The Tax Section is your go-to home base for staying up to date on the latest tax developments and providing the edge you need for upskilling your professional development. If you're not already a member, consider joining this prestigious community of your tax peers. You'll get free CPE, access to rich technical content such as our Annual Tax Compliance Kit, a weekly member newsletter and a digital subscrip

尾崎真由美会計事務所 スペシャルインタビュー　タックスリターン徹底解説'25 アメリカで２０年以上の実績を持つ尾崎真由美会計事務所。さくらラジオでは、毎年タックスリターンの時期に合わせて、尾崎真由美さんにお話を伺っています。今年は、シチュエーション別の控除・税法改正の注意点、SNS収益・仮想通貨の申請、FBAR 、得する申請方法など徹底解説して頂きました。 尾崎真由美会計事務所 https://toddaccounting.com Navi：沢えりか

尾崎真由美会計事務所 スペシャルインタビュー　タックスリターン徹底解説'25 アメリカで２０年以上の実績を持つ尾崎真由美会計事務所。さくらラジオでは、毎年タックスリターンの時期に合わせて、尾崎真由美さんにお話を伺っています。今年は、シチュエーション別の控除・税法改正の注意点、SNS収益・仮想通貨の申請、FBAR 、得する申請方法など徹底解説して頂きました。 尾崎真由美会計事務所 https://toddaccounting.com Navi：沢えりか

An accountant moves to the US in the 1980s with a portfolio of non-U.S. mutual funds (classified as PFICs under US tax law). Decades later and the portfolio has grown significantly, but is never reported under the US PFIC rules. Assuming it was taxed like a standard investment, the accountant has blindly walked into an 80% penalty, lost to taxes and interest. This cautionary tale highlights the critical need for early, specialised cross-border tax advice. Thankfully, we've got it here. Richard Taylor is joined for this week's Ask An Expert by Ishali Patel, Senior Director at Trowbridge Professional CorporationThey explore key issues like informational returns (FBAR, Form 3520), the PFIC regime for non-U.S. investments, and double-taxation risks when working across states. If you do a couple of days work a week in another state you could be taxed twice! It's bonkers, but need-to-know stuff. Ishali also shares insights on avoiding costly penalties and managing UK pensions under US rules.We're the Brits in America is affiliated with Plan First Wealth LLC, an SEC registered investment advisor. The views and opinions expressed in this program are those of the speakers and do not necessarily reflect the views or positions of Plan First Wealth. Information presented is for educational purposes only and does not intend to make an offer or solicitation for the sale or purchase of any specific securities, investments, or investment strategies. Investments involve risk and unless otherwise stated, are not guaranteed. Be sure to first consult with a qualified financial adviser and/or tax professional before implementing any strategy discussed herein. Plan First Wealth does not provide any tax and/or legal advice and strongly recommends that listeners seek their own advice in these areas.

The tax press has focused recently on captive insurance, conservation easements, Employee Retention Credits, and other “hot” topics. However, international tax enforcement in general, and big penalties for unfiled FBARs in particular, are still key issues. Several cases, largely unnoticed, have held that the IRS can extend the period for assessing FBAR penalties, even though the initial deadline expired. Another case ruled that FBAR penalties are “fines” for constitutional purposes, such that courts can reduce them if they are “excessive.” This article examines disparate rules about extensions of assessment-periods, relevant IRS guidance, and new cases centered on these critical topics. 

În acest episod al Sustainable Living Podcast, discutăm cu Lăcrămioara Rediu, Director Fundraising și Comunicare la Federația Băncilor pentru Alimente din România (FBAR), despre eforturile organizației în reducerea risipei alimentare și sprijinirea comunităților vulnerabile. Explorăm impactul proiectelor FBAR asupra societății și mediului, provocările și oportunitățile specifice României în implementarea inițiativelor de redistribuire a surplusului alimentar, precum și rolul educației în promovarea unui consum sustenabil. Lăcrămioara împărtășește exemple de bune practici în sustenabilitate și responsabilitate socială, inclusiv colaborarea cu parteneri precum PENNY România, care a donat peste 95,4 tone de alimente în cadrul Colectei Naționale de Alimente de Paște din 2024 . Aceste parteneriate demonstrează cum sectorul privat poate contribui semnificativ la abordarea problemelor sociale și de mediu. Urmărește episodul pentru a descoperi cum putem contribui la o societate mai echitabilă și sustenabilă! Despre Sustainable Living Podcast (SLP): Sustainable Living Podcast (SLP) anunță lansarea sezonului 8 – Female Green Voices: The Changemakers, dedicat leadership-ului feminin în domeniul sustenabilității. În acest nou sezon, susținut de PENNY, vom continua conversațiile inspiraționale, alături de o serie de invitate remarcabile din domenii diverse, evidențiind impactul femeilor în sustenabilitate. Sustainable Living Podcast (SLP) nu este doar un podcast; este o platformă globală dedicată conversațiilor de impact despre sustenabilitate. În sezonul 8, aducem împreună femei care contribuie semnificativ la modelarea unui viitor mai sustenabil și mai echitabil. Fiecare episod reunește experți, activiști și exemple autentice de inițiative de succes, oferind inspirație și soluții concrete pentru un viitor mai bun.   Unde puteţi urmări Sustainable Living Podcast: Website: www.sustainableliving.roSpotify: https://spoti.fi/3rI4agYYouTube: https://bit.ly/2QWCPuBFacebook: www.facebook.com/SustainableLiving.roInstagram: www.instagram.com/SustainableLiving.ro #sustainablelivingpodcast #sustainability #sustainableliving #awareness #circulareconomy  #circularity #sustainablebusiness #nicoletatalpes  #penny #FBAR

Tax Planning, Enforcement, and International Taxation Source: Session 3: Tax Planning, Enforcement, and International Taxation Main Themes: Strategic Tax Planning: Utilizing legal provisions to minimize tax liability and maximize after-tax income. This encompasses: Retirement Account Optimization: Leveraging Traditional and Roth IRAs, 401(k)s, 403(b)s, and self-employed plans to defer income and maximize contributions. Tax-Efficient Investing: Investing in vehicles like municipal bonds, tax-deferred accounts, and managing capital gains to reduce tax burdens. Estate Planning: Utilizing gifting strategies and trusts to minimize estate taxes and ensure smooth wealth transfer. Understanding Tax Audits and Enforcement: Knowing the IRS audit process, taxpayer rights, penalties for non-compliance, and the appeals process. Navigating International Taxation: Addressing the complexities of U.S. taxation of worldwide income, double taxation treaties, transfer pricing, and reporting requirements for foreign assets. Keeping Abreast of Recent Tax Law Developments: Staying informed about changes brought by the Tax Cuts and Jobs Act, Inflation Reduction Act, and initiatives targeting the digital economy. Key Ideas and Facts: Tax Planning: "Tax planning is not about evading tax obligations but rather taking advantage of legitimate opportunities provided by the tax code." Retirement accounts offer tax advantages like deductibility of contributions, tax-deferred growth, and potential tax-free withdrawals (Roth IRA). Employer matching in 401(k) plans is "essentially free money." Tax-efficient investments minimize the impact of taxes on returns. Long-term capital gains are taxed at preferential rates compared to short-term gains. Estate planning tools like gifting and trusts help minimize estate tax liability. Tax Audits and Enforcement: The IRS uses various methods to select returns for audit, including random selection, computer screening, and document matching. Red flags that can increase the likelihood of an audit include large charitable contributions, unusually high deductions, and discrepancies between reported income and third-party information. Taxpayers have the right to representation and appeal during an audit. Penalties for non-compliance can be severe, ranging from late filing/payment penalties to accuracy-related penalties and even criminal prosecution for fraud. International Taxation: U.S. citizens and residents are taxed on their worldwide income. The Foreign Earned Income Exclusion (FEIE) and Foreign Tax Credit (FTC) alleviate double taxation for individuals working abroad. Tax treaties prevent double taxation and clarify taxing rights between countries. Transfer pricing rules ensure fair income allocation among related entities in different countries. U.S. taxpayers with foreign financial assets exceeding certain thresholds must file FBAR and comply with FATCA reporting requirements. Recent Developments: The Tax Cuts and Jobs Act (TCJA) lowered the corporate tax rate, increased the standard deduction, and introduced the Qualified Business Income (QBI) Deduction. The Inflation Reduction Act provided tax credits for electric vehicles, energy-efficient home improvements, and imposed a corporate minimum tax. International efforts are underway to address digital economy taxation and implement a global minimum tax. Case Studies: Maria's case: Illustrates the importance of utilizing the FEIE, FTC, and FBAR filing for U.S. citizens living and working abroad. John's case: Demonstrates the value of proper documentation, understanding taxpayer rights, and the potential benefits of the appeals process during an audit. Conclusion: Staying informed about tax law changes, planning strategically, and ensuring compliance are crucial for managing tax obligations effectively. A comprehensive understanding of tax planning, enforcement, and international taxation empowers taxpayers to optimize their financial well-being while minimizing risks. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Send us a textTax Notes contributing editor Robert Goulder discusses the history of foreign bank account reporting penalties and how two recent court cases could affect the FBAR regime. For more coverage, read the following in Tax Notes:Jury Finds Professor's FBAR Failures WillfulFBAR Penalty Circuit Split Has Potential for Supreme Court ReviewSchwarzbaum FBAR Penalty Dispute Results in Circuit SplitCourt Tells DOJ No Do-Over in Venture Capitalist FBAR CaseNinth Circuit Approves Prejudgment Interest for FBAR PenaltiesFollow us on X:Bob Goulder: @RobertGoulderDavid Stewart: @TaxStewTax Notes: @TaxNotes***CreditsHost: David D. StewartExecutive Producers: Jasper B. Smith, Paige JonesShowrunner: Jordan ParrishAudio Engineers: Jordan Parrish, Peyton RhodesGuest Relations: Alexis Hart

In this episode of the Snowbirds Ex Pats Radio Podcast, Gerry Scott speaks with Greenback's CEO Mike Wallace about the psychological aspects of financial decision-making for expats, common tax-related challenges, such as understanding the complexities of FATCA, FBAR, as it applies to overseas Americans, and how to manage complex tax situations.

In this episode of Crossing the 49th, Phil Hogan from Beacon Hill Wealth Management discusses the tax implications of holding and withdrawing from an RRSP as a U.S. resident. Learn how the Canada-U.S. tax treaty affects RRSPs, foreign tax credits, and how to plan your withdrawals to minimize tax liabilities. Key Topics: Tax rules for RRSPs under the Canada-U.S. treaty Reporting RRSPs on U.S. tax returns (FBAR & 8938) Withholding taxes and claiming foreign tax credits Strategic RRSP withdrawal planning for U.S. residents If you have any questions about this topic or need advice on other cross-border tax or investment matters, feel free to contact Phil at phil@beaconhillwm.ca. You can also take advantage of our complimentary tax consultation by visiting: https://chat.beaconhillwm.ca/o/c0b2f5c6 Subscribe to Crossing the 49th Cross-border Tax and Financial Planning Podcast on Apple podcasts and Spotify. You can also stay updated on US Expat Tax and financial planning issues by following us at: Our website American in Canada Private Facebook Group Follow us on Twitter Follow us on Instagram Subscribe to my YouTube Channel Disclaimer: The information contained in this Podcast and YouTube video is for information purposes only and should not be construed as tax or financial planning advice. Tax and financial planning rules change from year to year and the information contained within may be outdated. Ensure to engage an experienced and competent tax and financial planner to help you with your tax and financial planning needs.

On episode #28 of Crossing the 49th Podcast, we discuss the upcoming October 15th deadline. Understanding the October 15 Deadline for U.S. Expats in Canada | Cross-Border Tax and Financial Planning In this episode of Crossing the 49th, I break down the important October 15 tax deadline for Americans living in Canada. With the U.S. tax extension deadline coming up, I'll walk you through key points for those who haven't filed their U.S. tax returns yet, including FBAR filings and the penalties for missing deadlines. I also cover how to manage both U.S. and Canadian tax returns and why it's essential to file them together. Key Topics: October 15 deadline for U.S. expats in Canada Managing U.S. and Canadian tax returns The importance of FBAR filings and T1135 forms What to do if you need an extension to December 15 Subscribe to Crossing the 49th Cross-border Tax and Financial Planning Podcast on Apple podcasts and Spotify.   You can also stay updated on US Expat Tax and financial planning issues by following us at: Our website American in Canada Private Facebook Group Follow us on Twitter Follow us on Instagram Subscribe to my YouTube Channel Disclaimer: The information contained in this Podcast and YouTube video is for information purposes only and should not be construed as tax or financial planning advice. Tax and financial planning rules change from year to year and the information contained within may be outdated. Ensure to engage an experienced and competent tax and financial planner to help you with your tax and financial planning needs.

En esta ocasión, hablamos de la cancelación de The Acolyte y toda la controversia que tiene a su alrededor, y luego damos un rápido vistazo a todas las películas de la saga de Alien para poder discutir todas las referencias y homenajes de Alien: Romulus. Luego nos quejamos de que los Oscares ya no son […]

Ag Law Reminders for Producers Insect Pests in Kansas Cotton Technology Advancements in Vet Med   00:01:05 – Ag Law Reminders for Producers: Roger McEowen, K-State and Washburn law professor, kicks off the show by talking through his recent blog article that covers topics from reporting 4-H income to foreign bank accounts. FBAR; Read Before Signing; Reporting 4-H Income and Attorney-Client Privilege Roger on AgManager.info   00:12:05 – Insect Pests in Kansas Cotton: K-State Extension agronomist, Logan Simon, continues today's show with an update on the insects in cotton and what growers should be scouting for. Mid-Season Insect Management for Cotton Production 2024 Cotton Insect Pest Management bulletin   00:23:05 – Technology Advancements in Vet Med: The show winds down with K-State's Brad White, Phillip Lancaster and Bob Larson from the Beef Cattle Institute as they are joined by the executive director for the American Association of Bovine Practitioners, Fred Gingrich, as the panel shares their thoughts on the major advancements in technology used in veterinary medicine. BCI Cattle Chat Podcast Bovine Science with BCI Podcast Email BCI at bci@ksu.edu     Send comments, questions or requests for copies of past programs to ksrenews@ksu.edu.   Agriculture Today is a daily program featuring Kansas State University agricultural specialists and other experts examining ag issues facing Kansas and the nation. It is hosted by Shelby Varner and distributed to radio stations throughout Kansas and as a daily podcast.   K‑State Research and Extension is a short name for the Kansas State University Agricultural Experiment Station and Cooperative Extension Service, a program designed to generate and distribute useful knowledge for the well‑being of Kansans. Supported by county, state, federal and private funds, the program has county Extension offices, experiment fields, area Extension offices and regional research centers statewide. Its headquarters is on the K‑State campus in Manhattan

Join us in welcoming Olivier Wagner, founder of 1040 Abroad, to the show. With increasing interest in Plan B options and international living, especially post-COVID, Olivier offers insights into becoming a global citizen. Discussion highlights include the trend of U.S. citizens renouncing their citizenship due to worldwide income tax obligations, enforced by FATCA and FBAR regulations. Olivier explains tax strategies like the Foreign Tax Credit and Foreign Earned Income Exclusion for expats. He also discusses Mexico as a favorable destination for expatriates due to its relaxed residency and banking requirements. Learn more at https://1040abroad.com/   Follow Jason on TWITTER, INSTAGRAM & LINKEDIN Twitter.com/JasonHartmanROI Instagram.com/jasonhartman1/ Linkedin.com/in/jasonhartmaninvestor/ Call our Investment Counselors at: 1-800-HARTMAN (US) or visit: https://www.jasonhartman.com/ Free Class:  Easily get up to $250,000 in funding for real estate, business or anything else: http://JasonHartman.com/Fund CYA Protect Your Assets, Save Taxes & Estate Planning: http://JasonHartman.com/Protect Get wholesale real estate deals for investment or build a great business – Free Course: https://www.jasonhartman.com/deals Special Offer from Ron LeGrand: https://JasonHartman.com/Ron Free Mini-Book on Pandemic Investing: https://www.PandemicInvesting.com

The IRS has a limited period to enforce the rules, and taxpayers hope to go unnoticed until that opportunity has passed. Timing issues do not disappear, though, simply because taxpayers get selected for audit or approach the IRS pro-actively. Indeed, they might become more important than ever, because many interactions with the IRS involve extensions of assessment-periods, some voluntary, others compulsory. This article analyzes the divergent and surprising rules applicable to taxes, on one hand, and FBAR penalties, on the other.

Pushpendra Mehta meets with Craig Jeffery, Managing Partner at Strategic Treasurer, to review the latest treasury news and developments. Topics of discussion include the following: FBAR filing: 15 questions for US corporate treasuries before April 15th deadline Six key priorities for navigating currency management in 2024 AI-driven cashflow tool helps corporate clients cut manual work by 90% Corporates are grappling with counterparty concentration risk

International tax disputes often create important guidance, some obvious, some not. Aroeste v. United States is a great example. That case involves the mundane issue of FBAR penalties, but it presents exciting and novel issues, too. It makes noteworthy rulings about whether dual residents can seek FBAR protection from tax treaties, whether late filing of certain information returns prevents taxpayers from claiming beneficial tax positions, and whether taxpayers must follow rules issued by way of a Notice instead of a regulation. This article, the second in a series, explores these important issues and others generated by the case.

In today's episode of the Treasury Update Podcast, Lee Patton and Craig Jeffery discuss various strategies for managing FBAR compliance. They explore the process, challenges, and solutions, from understanding the background and significance of FBAR to exploring options for managing the process. Download the whitepaper Sign up for the webinar

More BOI information released by insurers, age is one of the reasons a taxpayer was denied a stay of their FBAR case and more.

https://vimeo.com/916512887?share=copy https://www.currentfederaltaxdevelopments.com/podcasts/2024/2/25/2024-02-26-more-boi-information-from-insurer   This week we look at: More BOI resources from CAMICO made available by NJCPA District Court refuses to stay FBAR proceeding to await Tax Court result partially due to the age of the taxpayer IRS announces program to go after corporate jet personal usage The state of Arizona sues the IRS over tax status of state tax rebate.  

This week we look at: More BOI resources from CAMICO made available by NJCPA District Court refuses to stay FBAR proceeding to await Tax Court result partially due to the age of the taxpayer IRS announces program to go after corporate jet personal usage The state of Arizona sues the IRS over tax status of state tax rebate.

Ever wondered if your global business ventures could be affecting your U.S. taxes more than you realize? In the podcast episode, Mike Jesowshek delves into the intricacies of foreign income for small business owners, covering essential aspects such as reporting requirements, types of foreign income, tax treaties, exemptions, the foreign earned income exclusion, the foreign tax credit, and compliance with reporting obligations. He emphasizes the importance of U.S. citizens and residents reporting worldwide income on their U.S. tax returns, regardless of where the income is earned. Mike also discusses strategies to mitigate double taxation, such as utilizing tax treaties and claiming foreign tax credits or income exclusions, while underscoring the critical nature of maintaining accurate records and understanding compliance requirements to ensure transparency and adherence to tax laws.[00:00 - 05:00] Introduction to Foreign Income for EntrepreneursMike Jesowshek introduces the topic of foreign income reporting for small business owners.Discussion on the requirement for U.S. citizens and residents to report worldwide income.[05:00 - 10:00] Tax Treaties, Exemptions, and Foreign Earned Income ExclusionExplanation of tax treaties and exemptions to avoid double taxation.Details on the foreign earned income exclusion, including eligibility criteria.[10:00 - 15:18] Compliance and Reporting RequirementsOverview of the compliance and reporting requirements for U.S. taxpayers with foreign income or assets.Explanation of FBAR reporting requirements for individuals with foreign bank accounts or financial interests.Quote:"There might be a credit, there might be some exclusion of it, there might be some exemptions, but the IRS wants to know about it." - Mike Jesowshek, CPA______Podcast Host: Mike Jesowshek, CPA - Founder and Host of Small Business Tax Savings PodcastJoin TaxElm: https://taxelm.com/IncSight Packages (Full-Service): https://incsight.net/pricing/Book an Initial Consultation (IncSight): https://app.simplymeet.me/o/incsight/sale-------Podcast Website: https://www.TaxSavingsPodcast.comFacebook Group: https://www.facebook.com/groups/taxsavings/YouTube: https://www.youtube.com/@TaxSavings 

This week we look at: Insurers updating their advice on BOI engagements SALT cap 2023 increase bill fails on a procedural vote in the House Jury finds taxpayer did not willfully fail to file FBAR reports IRS takes position third party payors liable for ERC refund repayment in addition to common law employers IRS sending out CP271 “soft letters” to those with open ERC refund claims S corporation has a failure of 9 trusts receiving shares from decedent Taxpayer unsuccessfully argues she only should pay taxes on social security actually received

Listen in as we discuss intricacies of FBAR (Report of Foreign Bank and Financial Accounts), Form 8938 (Statement of Specified Foreign Financial Assets), and PFIC (Passive Foreign Investment Company) reporting requirements.Navigating the complexities of international tax compliance can be challenging, especially when it comes to reporting foreign financial assets and investments. Whether you are an individual taxpayer, a tax professional, or a financial advisor, understanding these reporting obligations is crucial to ensure compliance with the IRS regulations and avoid potential penalties.CPAs Varshika Gupta and Rajesh Ghimire, along with our Client Services Manager, Arianna Gonzalez, MBA, covered an overview of FBAR, Form 8938, and PFIC reporting requirements; reporting thresholds and filing deadlines; strategies for managing PFIC investments and minimizing tax implications; and many more. Listen In!

Episode 43:  In this episode, Timalyn discusses the Corporate Transparency Act (CTA), which is not necessarily tax related, but US Treasury Department is in charge of the CTA.  It's a topic many will approach their tax professionals for explanations and advice.  Timalyn will explain what it is, who's in charge of it and who it affects. The Corporate Transparency Act was passed in 2021.  It's currently scheduled to go into effect on January 1, 2024.  There is pressure to delay the date, but as of now, it remains set for January.  What is the Corporate Transparency Act? The Corporate Transparency Act is a law to enhance the transparency of entities and entity structure.  Over the years, people have chosen to start businesses in certain states to shield specific information from the general public or other considerations.  This concept is used for good purposes, and unfortunately it can be used for bad purposes (some of which may even be illegal). The Corporate Transparency Act requires that companies must provide the government information about the owners and beneficiaries of the business.  It's an effort to reduce potential illicit activities.  Who Is Responsible for Enforcing the CTA? The Financial Crime Enforcement Network (FinCEN) is who will be enforcing the reporting requirements under the Corporate Transparency Act. FinCEN is housed within the Treasury Department, along with the IRS. This is one reason that individuals will think that this is a tax issue.  If you have overseas bank accounts or are in a business that has them, you may already be familiar with FinCEN.  Timalyn explains that organizations or individuals having $10,000 or more in cash or other assets must submit an annual report to FinCen. This form is known as the FBAR. The Corporate Transparency Act reporting requirement is actually a legal issue, not a tax issue.  For this reason, Timalyn advises you to reach out to an attorney for advice, especially if you don't know if you have to comply with the CTA reporting requirements.  Who Needs to Comply with the Corporate Transparency Act? Almost all legal entities will  fall under the Corporate Transparency Act reporting requirements.  If you registered a business as a corporation, LLC or an LLP, you are required to file the Beneficial Ownership Information report (BOI).  The BOI information that is to be reported includes: ●      Full Legal Name of the Beneficial Owner ●      Date of Birth ●      Social Security Number ●      Government Picture ID ●      Current Address of the Individual ●      Address of the Business Entity  Who is a Beneficial Owner? Timalyn explains they are people who exercise substantial control over the entity, either directly or indirectly.  You would also be considered a beneficial owner if you own over 25% of the company.  It's usually people who are responsible for major decisions related to the company.  The same person may also work in the day to day operations.  Are there Exemptions for Certain People or Types of Organizations? Yes.  In fact, there are currently 23 exemptions.  For information on these, subscribe to Tax Tips with Timalyn.  As more information becomes available, Timalyn will post it on this blog, along with other useful information for business owners Here Are 5 Entities Exempt from the BOI Filing Requirement ●      Governmental Authorities ●      Banks ●      Credit Unions ●      Tax-Exempt Entities ●      Accounting Firm If you are an accountant, Timalyn recommends you subscribe to her blog, at www.AmericasFavoriteEA.com.  You'll find plenty of useful information for accounting and tax professionals. What is the Deadline for Filing the Beneficial Ownership Information Report? As of the recording of this episode, if your entity is formed after 01/01/24, you have 90 days to after the official start of your business file with FinCEN.  If your business was open prior to 01/01/24, you have the full year to gather and submit the information for the beneficial owner(s). Please don't procrastinate on filing the BOI.  If you already have the required information, go ahead and file it.  Remember, this doesn't get filed with your tax return.  You'll file the BOI on the FinCEN website.  What if I'm Late in Filing the BOI? There is a $500/day civil penalty if you are late in filing your report.  If you are found to be engaged in fraudulent or illegal activity by FinCEN, you will be subject to up to 2 years in prison and/or up to $10,000 in a criminal penalty.    If you have trouble filing the report, Timalyn advises you to reach out to an attorney.  Please consider sharing this episode with your friends and family.  There are many people dealing with tax issues, and you may not know about it.  This information might be helpful to someone who really needs it.  After all, back taxes shouldn't ruin their life either. As we conclude Episode 43, we encourage you to connect with Timalyn on social media. You'll be able to subscribe to this podcast on Spotify, Apple Podcasts, Google Podcasts, and many other podcast platforms.    Remember, Timalyn Bowens is America's Favorite EA and she's here to fill the tax literacy gap, one taxpayer at a time.  Thanks for listening to today's episode. For more information about tax relief options, visit https://www.Bowenstaxsolutions.com/ . If you have any feedback, or suggestions for an upcoming episode topic, please submit them here:  https://www.americasfavoriteea.com/contact.    Disclaimer:  This podcast is for informational and educational purposes only.  It provides a framework and possible solutions for solving your tax problems, but it is not legally binding.  Please consult your tax professional regarding your specific tax situation.

This week we're covering foreign pensions and when there is an FBAR and FATCA reporting requirement.

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Brent chats with Rachel Sass about the U.S. Supreme Court case Bittner v. U.S., where the Court decided the non-willfulness penalties for FBARs is $10,000 per filing, not per account. This case changed the IRS's long-time position. Brent and Rachel discuss the case, the reasoning, what it means for FBARs, and what they expect in the future.Continue reading

https://vimeo.com/804697529 https://www.currentfederaltaxdevelopments.com/podcasts/2023/3/4/2023-03-06-non-willful-fbar-penalty-is-on-a-per-form-basis   This week we look at: Deposit and use by sheriff of jail meal money not found to be a mere misunderstanding Amounts taxpayer expected to repay with future earnings found not to be loans, taxable upon receipt SCOTUS rules non-willful FBAR failure is a per-form not per-account penalty CPA fails to provide substantiation for deductions for practice

Audio of  Bittner v. United States (Feb 28, 2023) Dissenting Opinion U.S. persons with foreign bank accounts are required to file an annual Report of Foreign Bank and Financial Accounts, commonly known as an FBAR. Alexandru Bittner, a dual citizen of the U.S. and Romania, failed to report his interests in his foreign bank accounts on annual FBAR forms, as required by the Bank Secrecy Act of 1970 (BSA). So, the United States government fined him 10,000 for each unreported account each year from 2007 to 2011 - for a grand total of $2.72 million. You might say Mr. Bittner was FUBAR over his FBARS at this point. Of course, Bittner challenged the fines. The district court held that a $10,000 maximum penalty attaches to each failure to file an annual FBAR, not to each account to be reported on the FBAR, so it reduced Bittner's fines to $50,000 total.  The U.S. Court of Appeals for the Fifth Circuit reversed, holding that each account he failed to report indeed counted as separate reporting violation. In this case, the Court was asked… Is a “violation” under the Bank Secrecy Act the failure to file an annual Report of Foreign Bank and Financial Accounts (no matter the number of foreign accounts), or is there a separate violation for each individual account that was not properly reported?  The Court sided with Bittner in a surprising 5-4 split. Today I'll be reading Justice Barrett's dissenting opinion, in which she is joined by an unlikely collection of colleagues.   Music by Epidemic Sound  

Supreme Court resolves split among circuits on non-willful FBAR penalties, two court cases deal with purported loans and more.

This week we look at: Deposit and use by sheriff of jail meal money not found to be a mere misunderstanding Amounts taxpayer expected to repay with future earnings found not to be loans, taxable upon receipt SCOTUS rules non-willful FBAR failure is a per-form not per-account penalty CPA fails to provide substantiation for deductions for practice

Audio of Part 2 of Bittner v. United States (Feb 28, 2023) Majority Opinion U.S. persons with foreign bank accounts are required to file an annual Report of Foreign Bank and Financial Accounts, commonly known as an FBAR. Alexandru Bittner, a dual citizen of the U.S. and Romania, failed to report his interests in his foreign bank accounts on annual FBAR forms, as required by the Bank Secrecy Act of 1970 (BSA). So, the United States government fined him 10,000 for each unreported account each year from 2007 to 2011 - for a grand total of $2.72 million. You might say Mr. Bittner was FUBAR over his FBARS at this point. Of course, Bittner challenged the fines. The district court held that a $10,000 maximum penalty attaches to each failure to file an annual FBAR, not to each account to be reported on the FBAR, so it reduced Bittner's fines to $50,000 total.  The U.S. Court of Appeals for the Fifth Circuit reversed, holding that each account he failed to report indeed counted as separate reporting violation. In this case, the Court was asked… Is a “violation” under the Bank Secrecy Act the failure to file an annual Report of Foreign Bank and Financial Accounts (no matter the number of foreign accounts), or is there a separate violation for each individual account that was not properly reported?   Music by Epidemic Sound

Audio of Bittner v. United States (Feb 28, 2023) Majority Opinion   U.S. persons with foreign bank accounts are required to file an annual Report of Foreign Bank and Financial Accounts, commonly known as an FBAR. Alexandru Bittner, a dual citizen of the U.S. and Romania, failed to report his interests in his foreign bank accounts on annual FBAR forms, as required by the Bank Secrecy Act of 1970 (BSA). So, the United States government fined him 10,000 for each unreported account each year from 2007 to 2011 - for a grand total of $2.72 million. You might say Mr. Bittner was FUBAR over his FBARS at this point. Of course, Bittner challenged the fines. The district court held that a $10,000 maximum penalty attaches to each failure to file an annual FBAR, not to each account to be reported on the FBAR, so it reduced Bittner's fines to $50,000 total.  The U.S. Court of Appeals for the Fifth Circuit reversed, holding that each account he failed to report indeed counted as separate reporting violation. In this case, the Court was asked… Is a “violation” under the Bank Secrecy Act the failure to file an annual Report of Foreign Bank and Financial Accounts (no matter the number of foreign accounts), or is there a separate violation for each individual account that was not properly reported?   Music by Epidemic Sound  

Wednesday March 1, 2023 – Back in January we did a story about The Supreme Court refusing to hear a case of excessive fines for inadvertently failing to file a timely bank disclosure form called the FBAR (Report of Foreign Bank and Financial Accounts). Justice Gorsuch issued a rare dissenting opinion in that case. And now it makes sense. On Tuesday, the United States Supreme Court limited the IRS's ability to impose penalties when taxpayers unintentionally make errors in reporting foreign accounts. The majority opinion was written by Justice Neil M. Gorsuch. He reasoned that the relevant legal duty is to file reports, not individual accounts. The case concerned Alexandru Bittner, an immigrant and dual citizen who failed to disclose his foreign accounts while living overseas. Lawyers argued that the FBAR should only carry a fine of $50,000, or $10,000 per year. Not the nearly $3 million penalty initially imposed by the IRS, based on the number of accounts. Justice Amy Coney Barrett disagreed and wrote a dissent arguing that the FBAR is an annual form requiring separate penalties for each account not reported. The ruling is important news for taxpayers who worry about FBAR penalties and adds clarity to the IRS's authority when it comes to FBAR violations. With this ruling, SCOTUS has ensured that taxpayers will not be unfairly penalized by the IRS for unintentional FBAR mistakes. That's a win for everyone. Thank you SCOTUS! God bless America! Now, how can we go back to the Toch case and correct that wrong? Attorney Steven A. Leahy analyses this recent Supreme Court decision on Today's Tax Talk. https://www.washingtontimes.com/news/2023/feb/28/supreme-court-sides-immigrant-challenging-irs-pena/ https://www.supremecourt.gov/opinions/22pdf/21-1195_h3ci.pdf https://vimeo.com/manage/videos/793168156 https://www.supremecourt.gov/opinions/22pdf/22-177_d0fi.pdf --- Send in a voice message: https://podcasters.spotify.com/pod/show/steven-leahy1/message

For the full audio interview, transcript, show notes and more visit: https://altassetallocation.com/ In this episode, we talked about why crypto taxes are so difficult. We covered some of the biggest misconceptions or mistakes people make when doing their crypto taxes, how to get smarter about taxes this year and in the future (e.g. tax loss harvesting) - then really enjoyed going into more detail around some of the specifics on things like: wash sale rules, NFTs taxed as collectibles, FBAR, Airdrops, Staking Income, etc. Enjoy the episode with Micah on Crypto Taxes. --- Support this podcast: https://anchor.fm/investinalts/support

Ugh, are we talking about Elon AGAIN? Well, yeah, but he's running so spectacularly wild, it reminds us of the joke about a horse wreaking havoc in a hospital. There's no protocol, so I guess we're all just watching. Blue checks backfired again with the fake Eli Lilly account Tweeting "Insulin is free," shining a big light on two things: That the pay-to-be-verified-on-Twitter plan is trash and, most importantly, that price gouging insulin to the tune of 1,200 percent is ethically barren. Next on deck is a big nasty: The Wall Street Journal reports that a U.S. taxpayer is facing a fine of $2.72 million for failing to submit a Report of Foreign Bank and Financial Accounts--also known as FBAR. The stinger? The taxpayer in question didn't even OWE any taxes on those assets; this is literally just a penalty. Good luck, fella. Meanwhile, pay transparency laws are going into effect in NYC to help narrow the income gap across gender and ethnic lines. All together now: Equal work, equal pay! A solid win for decreasing income disparity. We also cover a crypto update, echoes of Enron at FTXA, and Meta/Facebook is about to lay off 10,000 employees. Links A Host of Tech Companies Announce Hiring Freezes and Job Cuts The Truth About Tech Layoffs What Amazon, Google and other top companies are paying in NYC The IRS and the Eighth Amendment Exclusive: At least $1 billion of client funds missing at FTXA Twitter employee who's 8 months pregnant says she was locked out of her company laptop the night before mass layoffs were due to be announced Facebook Parent Meta Is Preparing to Notify Employees of Large-Scale Layoffs This Week What Amazon, Google and other top companies are paying in NYC 4 million NYC workers will now see how much jobs pay before they apply—here's what to know Michael Lewis Already Selling Movie Rights for Book on FTX's Meltdown Fake Eli Lilly Twitter Account Claims Insulin Is Free, Stock Falls 4.37% Crypto.com Withdrawals Rise After CEO Admits Transaction Problem   Want to know more about working with BrooklynFI, contact us here​

Neste episódio de Pensamentos Legais, o advogado discute o tema tributário quente: "Relatório de contas bancárias e financeiras estrangeiras (FBAR)". Se você gosta deste podcast, fique atento a mais episódios do escritório de advocacia de tributação, litígio e imigração de Coleman Jackson, P.C. Certifique-se de se inscrever, deixar um comentário e avaliar nosso podcast Legal Thoughts no Apple Podcasts, Spotify e Google Podcast. Visite o escritório de advocacia de impostos, litígios e imigração de Coleman Jackson, P.C. online em www.cjacksonlaw.com

This case presents a direct and acknowledged conflict regarding an important question of statutory construction under the Bank Secrecy Act, 31 U.S.C. 5311 et seq., which generally requires taxpayers to report their interests in foreign bank accounts. Under the Act, Congress instructed the Treasury Secretary to ''require a resident or citizen of the United States * * * to keep records, file reports, or keep records and file reports, when the * * * person makes a transaction or maintains a relation for any person with a foreign financial agency." 31 U.S.C. 5314(a). The Secretary's corresponding regulations require filing a single annual report (called an "FBAR") for anyone with an aggregate balance over $10,000 in foreign accounts. 31 C.F.R. 1010.350(a), 1010.306(c). The Act authorizes a $10,000 maximum penalty for any non-willful violation of Section 5314. See 31 U.S.C. 5321(a)(5)(A)-(B). In the decision below, the Fifth Circuit held that there is a separate violation (with its own $10,000 penalty) for each foreign account not timely reported on an annual FBAR; it thus authorized a penalty on "a per-account, not a per-form, basis." In so holding, the Fifth Circuit expressly rejected a contrary decision of the Ninth Circuit, which held the failure to file an annual FBAR constitutes a single violation, "no matter the number of accounts." This critical issue arises all the time, and the Act's penalties for identically situated parties will now turn on whether the taxpayer is from California or Texas. The question presented is: Whether a "violation" under the Act is the failure to file an annual FBAR (no matter the number of foreign accounts), or whether there is a separate violation for each individual account that was not properly reported. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21-1195.html

Understand the Foreign Bank and Financial Account Report, FBAR, issues under review by the Supreme Court in Bittner v. United States. ACTEC filed an amicus brief in August and SCOTUS is scheduled to hear arguments on November 2. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.  

In this episode of Legal Thoughts, the attorney discusses the hot tax topic: "FBAR Filing Requirements and Penalties". If you enjoy this podcast, make sure to stay tuned for more episodes from the taxation, litigation, and immigration Law Firm of Coleman Jackson, P.C. Be sure to subscribe, leave a comment, and rate our Legal Thoughts podcast on Apple Podcasts, Spotify, and Google Podcast. Visit the taxation, litigation, and immigration law firm of Coleman Jackson, P.C. online at www.cjacksonlaw.com

Our guest this week is tax expert Russell Fox on to talk about tax stuff for gamblers. He provided updates for the latest edition of Tax Help For GamblersWe welcome your questions - send them to us at gamblingwithanedge@gmail.com, or you can find me at @RWM21 on Twitter or https://www.facebook.com/GamblingWithAnEdge.Show Notes[00:00] Introduction of Russel Fox from Clayton Tax Services[00:37] Tax implications of sports betting in different states[03:14] Splitting a large DFS jackpot[04:17] Reporting recreational horse player income[07:40] Shared sports betting at online sites[08:47] FBAR[11:13] Crypto and FBAR[12:15] RV expenses[14:46] Paypal reporting transactions, 1099-K[17:08] Group slot pulls[20:03] W-2 G from a Native American casino[23:23] Gambling partnerships[25:22] Cherokee North Carolina winnings[27:08] https://SouthPointCasino.com[28:00] https://BlackjackApprenticeship.com[28:31] https://VideoPoker.com/gwae[29:21] Withholding SSN on W-2 G[31:40] Tax liability for WSOP Main Event[34:54] Deducting gambling losses[36:29] Filing as a professional for part of the year[37:15] S-corp for professional gamblers[42:12] Frequently overlooked tax deductions[43:15] Constructive receipt[45:00] Taxes and beard accounts[49:56] Recommended: Blood and Treasure by Bob Drury and Tom Clavin, Something Missing by Matthew Dicks, For Good and Evil by Charles AdamsSponsored Links:https://SouthPointCasino.comhttps://BlackjackApprenticeship.comhttps://VideoPoker.com/gwaeGuest Links:Claytontax.comTax Help For Gamblers - https://amzn.to/3P1sSEMRecommended:Blood and Treasure by Bob Drury and Tom Clavin - https://amzn.to/3zWFkkASomething Missing by Matthew Dicks - https://amzn.to/3P1cjsvFor Good and Evil by Charles Adams - https://amzn.to/3zTV5Jc

Join Our Email List and be the First to Hear about Breaking News and Exciting Offers https://nomadcapitalist.com/email Secure Your Spot at the Best Offshore Conference - Nomad Capitalist Live 2022 - September 21-24 in the most vibrant city in the world, Mexico City: https://nomadcapitalist.com/live/ Check out our article about Countries With Zero Foreign Income Tax: https://nomadcapitalist.com/finance/legal-tax-reduction/countries-with-zero-foreign-income-tax/ The first benefit of renouncing is the one that the media always alludes to: you can reduce your tax burden by renouncing US citizenship. This may or may not be a benefit for you, but you'll no longer be paying tax on your worldwide income. You will still have to pay tax on businesses inside the US, but from the date of your expatriation, you become an alien and are no longer required to file and pay taxes as a US citizen. There's no such a thing as a “free lunch” – you'll still be paying taxes somewhere – but renouncing will help reduce some of that burden. Aside from reducing the monetary burden of taxation, renouncing will also reduce the filing burden that all US citizens face. You will no longer have to file a US tax return, fill out Form 5471 for foreign companies, or report your foreign bank accounts with the FBAR form. In this video, Andrew shares an article about the secrets of US Citizens Abroad. Andrew is reading this article: https://www.expats.cz/czech-news/article/have-you-ever-considered-giving-up-your-american-citizenship Andrew Henderson and the Nomad Capitalist team are the world's most sought-after experts on legal offshore tax strategies, investment immigration, and global citizenship. We work exclusively with seven- and eight-figure entrepreneurs and investors who want to "go where they're treated best". Work with Andrew: https://nomadcapitalist.com/apply/ Andrew has started offshore companies, opened dozens of offshore bank accounts, obtained multiple second passports, and purchased real estate on four continents. He has spent the last 12 years studying and personally implementing the Nomad Capitalist lifestyle. Our growing team of researchers, strategies, and implementers add to our ever-growing knowledge base of the best options available. In addition, we've spent years studying the behavior of hundreds of clients in order to help people get the results they want faster and with less effort. About Andrew: https://nomadcapitalist.com/about/ Our Website: http://www.nomadcapitalist.com Subscribe: https://www.youtube.com/subscription_center?add_user=nomadcapitalist Buy Andrew's Book: https://nomadcapitalist.com/book/ DISCLAIMER: The information in this video should not be considered tax, financial, investment, or any kind of professional advice. Only a professional diagnosis of your specific situation can determine which strategies are appropriate for your needs. Nomad Capitalist can and does not provide advice unless/until engaged by you.  

IRS and National Taxpayer Advocate release information on paper return processing, Supreme Court to take on FBAR penalty case and more

This week we look at: Senate Finance Committee takes action on retirement bill IRS and National Taxpayer Advocate release information on processing paper tax returns Supreme Court to take on case involving computing FBAR penalties IRS adds voice bot support for some ACS issues

In her role at the International Federation of Accountants (IFAC), Kristy Illuzzi, CPA, CGMA, works with small and midsize entities, including CPA firms. Her conversations with those organizations around the world have brought to the surface some of the ways in which the Great Resignation is affecting the accounting profession. In this episode, Illuzzi offers advice for organizations on flexibility, technology, and more. Also, catch up on news related to these topics: A PCAOB release on amended standards that apply to audits involving multiple firms. The Supreme Court agreeing to hear a case related to an FBAR penalty dispute. An IRS announcement about the use of voice bots for setting up tax payment plans.