If you have unreported foreign accounts of more than $10,000 and unreported income, you better come clean with the IRS or you could be in a heap of tax trouble — the type that can cost you hundreds of thousands of dollars and even land you in jail.
The willful failure to file the FBAR report or maintain records of your
foreign accounts can potentially lead to a ten-year prison sentence
foreign accounts can potentially lead to a ten-year prison sentence
and
fines of up to $500,000. This criminal penalty applies to all US citizens
pursuant to 31U.S.C Section S322B and 31 C.F.R. Section 103.S.9.C It may
also apply to persons living in the United States who are not citizens.
If you fail to answer the question truthfully on schedule B of your Form
1040 which asks if you “have an interest in or a signature or other
authority over a financial account in a foreign country”, then your false
statement might be deemed a criminal offense by the IRS per the sections
mentioned above if other surrounding facts and circumstances apply.
fines of up to $500,000. This criminal penalty applies to all US citizens
pursuant to 31U.S.C Section S322B and 31 C.F.R. Section 103.S.9.C It may
also apply to persons living in the United States who are not citizens.
If you fail to answer the question truthfully on schedule B of your Form
1040 which asks if you “have an interest in or a signature or other
authority over a financial account in a foreign country”, then your false
statement might be deemed a criminal offense by the IRS per the sections
mentioned above if other surrounding facts and circumstances apply.
If you filed your amnesty request you have now admitted to committing a tax crime. Now the hard part comes. Should you opt out to get a better result?
If you filed your amnesty forms you have now admitted to a criminal offense. What is the best strategy to utilize to deal with the IRS to minimize the chance for a criminal prosecution? What is the best strategy to deal with the IRS NOW to minimize your fines? YOU need answers now.
Our office is headed by a former international tax IRS agent
with 37 years experience as a CPA and Associate Professor of accounting.
Call our office immediately for a free five-minute consultation so you can
avoid the dire circumstances described above and deal with the other
associated problems.
Has the IRS contacted you to charge you with a crime yet? If not you may have time to do something.
________Lancewallach.com__lawyer4audits.com__taxadvisorexpert.com_________________________
________Lancewallach.com__lawyer4audits.com__taxadvisorexpert.com_________________________
Journal of Accountancy Large Logo
ReplyDeleteHome > September 2008 > Abusive Insurance and Retirement Plans
ShareThis | Print Article Print
TAX / EMPLOYEE BENEFITS
Abusive Insurance and Retirement Plans
Single–employer section 419 welfare benefit plans are the latest incarnation in insurance deductions the IRS deems abusive
BY LANCE WALLACH
SEPTEMBER 2008
EXECUTIVE SUMMARY
Some of the listed transactions CPA tax practitioners are most likely to encounter are employee benefit insurance plans that the IRS has deemed abusive. Many of these plans have been sold by promoters in conjunction with life insurance companies.
As long ago as 1984, with the addition of IRC §§ 419 and 419A, Congress and the IRS took aim at unduly accelerated deductions and other perceived abuses. More recently, with guidance and a ruling issued in fall 2007, the Service declared as abusive certain trust arrangements involving cash-value life insurance and providing post-retirement medical and life insurance benefits.
The new "more likely than not" penalty standard for tax preparers under IRC § 6694 raises the stakes for CPAs whose clients may have maintained or participated in such a plan. Failure to disclose a listed transaction carries particularly severe potential penalties.
Lance Wallach, CLU, ChFC, CIMC, is the author of the AICPA’s The Team Approach to Tax, Financial and Estate Planning. He can be reached at lawallach@aol.com or on the Web at, www.vebaplan.com or 516-938-5007. The information in this article is not intended as accounting, legal, financial or any other type of advice for any specific individual or other entity. You should consult an appropriate professional for such advice.
Many of the listed transactions that can get your clients into trouble with the IRS are exotic shelters that relatively few practitioners ever encounter. When was the last time you saw someone file a return as a Guamanian trust (Notice 2000-61)? On the other hand, a few listed transactions concern relatively common employee benefit plans the IRS has deemed tax-avoidance schemes or otherwise abusive. Perhaps some of the most likely to crop up, especially in small business returns, are arrangements purporting to allow deductibility of premiums paid for life insurance under a welfare benefit plan.
Some of these abusive employee benefit plans are represented as satisfying section 419 of the Code, which sets limits on purposes and balances of “qualified asset accounts” for such benefits, but purport to offer deductibility of contributions without any corresponding income. Others attempt to take advantage of exceptions to qualified asset account limits, such as sham union plans that try to exploit the exception for separate welfare benefit funds under collective-bargaining agreements provided by IRC § 419A(f)(5). Others try to take advantage of exceptions for plans serving 10 or more employers, once popular under section 419A(f)(6). More recently, one may encounter plans relying on section 419(e) and, perhaps, defined-benefit pension plans established pursuant to the former se