Acquired or inherited foreign stock or securities, such
as bonds.
Do I need to report these on Form 8938?
Foreign stock or securities, if you hold them outside of a
financial account, must be reported on Form 8938, provided the value of your
specified foreign financial assets is greater than the reporting threshold that
applies to you. If you hold foreign stock or securities inside of a financial
account, you do not report the stock or securities on Form 8938. For more
information regarding the reporting of the holdings of financial accounts, see
FAQs 8 and 9.
I directly hold shares of a U.S. mutual fund that owns
foreign stocks and securities.
Do I need to report the shares of the U.S. mutual fund or
the stocks and securities held by the mutual fund on Form 8938?
If you directly hold shares of a U.S. mutual fund you do not
need to report the mutual fund or the holdings of the mutual fund.
I have a financial account maintained by a U.S. financial
institution (including U.S. mutual funds, IRAs and 401(K) Plans) that holds
foreign stock and securities.
Do I need to report the financial account or its holdings?
You do not need to report a financial account maintained by
a U.S. financial institution or its holdings. Examples of financial accounts
maintained by U.S. financial institutions include:
- U.S.
Mutual fund accounts
- IRAs
(traditional or Roth)
- 401 (k)
retirement plans
- Qualified
U.S. retirement plans
- Brokerage
accounts maintained by U.S. financial institutions
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Section 79, Captive Insurance, IRS Audits and Lawsuits
By Lance Wallach, CLU, CHFC
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Section 79 and captive insurance plans with life insurance in them are being looked at by the IRS. We have received calls from people that are being audited. - The dangers of being "listed" - A warning for 419, 412i, Sec.79 and captive insurance. Accounting Today: October 25, 2010, By: Lance Wallach
Taxpayers who previously adopted 419, 412i, captive insurance or Section 79 plans are in big trouble.
In recent years, the IRS has identified many of these arrangements as abusive devices to funnel tax deductible dollars to shareholders and classified these arrangements as "listed transactions."
These plans were sold by insurance agents, financial planners, accountants and attorneys seeking large life insurance commissions. In general, taxpayers who engage in a "listed transaction" must report such transaction to the IRS on Form 8886 every year that they "participate" in the transaction, and you do not necessarily have to make a contribution or claim a tax deduction to participate. Section 6707A of the Code imposes severe penalties ($200,000 for a business and $100,000 for an individual) for failure to file Form 8886 with respect to a listed transaction.
But you are also in trouble if you file incorrectly.
I have received numerous phone calls from business owners who filed and still got fined. Not only do you have to file Form 8886, but it has to be prepared correctly. I only know of two people in the United States who have filed these forms properly for clients. They tell me that was after hundreds of hours of research and over fifty phones calls to various IRS personnel.
The filing instructions for Form 8886 presume a timely filing. Most people file late and follow the directions for currently preparing the forms. Then the IRS fines the business owner. The tax court does not have jurisdiction to abate or lower such penalties imposed by the IRS.
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Fbar Ovdi Want to Go to Jail? Offshore Tax. Lance Wallach, expert witness.
Posted on February 12, 2014
The Federal government is aggressively pursuing taxpayers with undisclosed foreign accounts and unreported foreign income using information furnished by the foreign banks and other sources. If you have not yet applied for the Offshore Voluntary Disclosure Program, Recent convictions involving UBS Clients:
1. Jan. 30, 2012 – Stephen M. Kerr, Michael Quiel and Christopher M. Rusch were charged in Phoenix, Ariz., with conspiracy to defraud the IRS for concealing millions of dollars in assets in numerous secret Swiss bank accounts held at UBS and elsewhere.
2. Jan. 20, 2012 – Kenneth Heller, of New York, N.Y., was sentenced to 45 days in prison and two years of supervised release. Heller pleaded guilty to income tax evasion in June 2011 and admitted to hiding more than $26.4 million in a bank account at UBS AG. He has agreed to pay a civil penalty of over $9.8 million.
3. Jan. 11, 2012 – Michael Reiss, a doctor, professor and medical researcher, of Princeton, New Jersey, was sentenced to eight months in a community confinement center for failing to file FBAR’s with the IRS. Reiss pleaded guilty in August 2011 and agreed to pay back taxes of at least $400,000 and to pay a civil penalty of over $1.2 million.
4. Dec. 7, 2011 – Amir Zavieh, of San Francisco, Calif., was indicted with conspiring to defraud the Internal