New Cures for Not Paying Taxes on Foreign Holdings

Realizing that one size does not fit all, the Internal Revenue Service (“IRS”) has announced a new program, and clarified an existing one, that will help individuals become current on their federal income tax obligations. The first announcement from the IRS, IR-2012-64, provided sorely-needed details regarding the applicability of the 2012 Offshore Voluntary Disclosure Program (“OVDP”) that was first announced on Jan. 9, 2012. Accompanying this announcement was 55 Frequently Asked Questions and Answers. The second announcement, IR-2012-65, is a plan to help U.S. citizens residing overseas, including dual citizens, to “catch up with tax filing obligations and provide assistance for people with foreign retirement plan issues”. This new procedure became effective on September 1, 2012. Individuals are considered noncompliant when they fail to file U.S. income tax returns, U.S. income tax returns that incorporate foreign source income, or information returns that report the taxpayer’s connection to a foreign trust, foreign gift, foreign corporation, foreign bank account, or foreign asset.