Streamlined Compliance for Non-Resident U.S. Taxpayers, Part III

Education & Training with Tax Rep LLC

The focus of our practice is civil and criminal taxpayer representation, as well as assisting taxpayers with foreign bank account issues, and we see many taxpayers in Stamford, Connecticut who are dealing with reporting foreign bank accounts and their failure to file United States Tax returns while living abroad. 

Part I of this series discussed the new streamlined compliance procedures for U.S. taxpayers living abroad have failed to timely file U.S. federal income tax returns or Reports of Foreign Bank Account Reports (FBARs), Form TD F 90-22.1, but have recently become aware of their filing obligations and now seek to come into compliance with the law.  Part II of this series elaborated on the procedure to take advantage of the new streamlined compliance program.  This portion will review the IRS’s determination of the taxpayer’s compliance risk. 

The IRS will determine the level of compliance risk presented by the submission based on information provided on the returns filed and based on additional information provided in response to a Questionnaire required as part of the submission. Low risk will be predicated on simple returns with little or no U.S. tax due. Absent any high risk factors, if the submitted returns and application show less than $1,500 in tax due in each of the years, they will be treated as low risk and processed in a streamlined manner.

The risk level may rise if any of the following are present:

  • If any of the returns submitted through this program claim a refund;
  • If there is material economic activity in the United States;
  • If the taxpayer has not declared all of his/her income in his/her country of residence;
  • If the taxpayer is under audit or investigation by the IRS;
  • If FBAR penalties have been previously assessed against the taxpayer or if the taxpayer has previously received an FBAR warning letter;
  • If the taxpayer has a financial interest or authority over a financial account(s) located outside his/her country of residence;
  • If the taxpayer has a financial interest in an entity or entities located outside his/her country of residence;
  • If there is U.S. source income; or
  • If there are indications of sophisticated tax planning or avoidance.

For additional information about what information will be requested to evaluate risk, please see the Questionnaire.  Part IV of our series will review how to participate in the streamlined compliance program.

If you have any questions about tax compliance and/or foreign bank account issues or other IRS tax issues in Stamford, Connecticut or elsewhere please feel free to contact me at (203) 285-8545 or by email at


Eric L. Green

Green, & Sklarz, LLC

243 Tresser Boulevard, 17th Floor

Stamford, CT 06901

Ph. (203) 285-8545 x 102

Fax (203) 286-1311

New Haven, CT • Stamford, CT • New York, NY


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