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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Thu Apr 03, 2014 2:44 pm Post subject: |
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Penalties for Not Filing
The Treasury Department may impose very stiff penalties for failing to file TD F 90-22.1.
"Civil and criminal penalties, including in certain circumstances a fine of not more than $500,000 and imprisonment of not more than five years, are provided for failure to file a report, supply information, and for filing a false or fraudulent report." (From the Privacy Act Notice on Form 90-22.1)
According to tax attorney Howard Rosen, the following penalties can be assessed:
Failure to File Penalty – up to $250,000 and/or up to 5 years in prison for any person "willfully violating" the requirements to file. (31 CFR 5322a penalty)
Fraud Penalty – up to $500,000 and/or up to 10 years in prison for any person "willfully violating" the requirements to file "as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period." (31 CFR 5322b penalty)
False Information Penalty – fine or up to 5 years in prison for any person providing false, misleading, fictitious, or fraudulent statements on TD F 90-22.1; or up to 8 years in prison if the false information involves domestic or foreign terrorism. (18 CFR 1001 penalty)
http://taxes.about.com/od/preparingyourtaxes/a/TDF90221_2.htm |
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johntpartee
Joined: 02 Mar 2010 Posts: 3258
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Posted: Thu Apr 03, 2014 3:09 pm Post subject: |
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| What do they do about the money you have in non-US banks? Do they just assume that you've earned it all overseas and then tax it accordingly? Yeah, I know, ask the IRS..... |
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Bud Powell
Joined: 11 Jul 2013 Posts: 1736
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Posted: Thu Apr 03, 2014 4:12 pm Post subject: |
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| How do you file with the IRS if your employer won't supply a wage statement? |
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johntpartee
Joined: 02 Mar 2010 Posts: 3258
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Posted: Thu Apr 03, 2014 10:48 pm Post subject: |
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| Anybody with first-hand experience in presenting overseas bank info to the IRS? |
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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Fri Apr 04, 2014 11:07 am Post subject: |
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sorry if this is the wrong thread. this was mentioned somewheres and i
just can't locate it now.
do american expats pay social security tax, medicare tax, medicaid tax,
and the new obaminationcare tax on wages earned outside the usa?
NO! unless earned in a few special circumstances:
U.S. citizens living in a foreign country are not required to get health insurance coverage under the Affordable Care Act. If you’re uninsured and living abroad, you don’t have to pay the fee that other uninsured U.S. citizens may have to pay.
To meet this requirement/exemption, you must meet either the IRS “330 day Physical Presence Test” (outside the USA for 330 or more days a year) or meet the IRS “bona fide” residence test requirements.
http://yucalandia.com/living-in-yucatan-mexico/aca-obamacares-effects-on-american-expats-living-abroad/#330%20day%20physical%20presence%20test
When Social Security and Medicare Taxes Apply Outside of the United States
In general, U.S. social security and Medicare taxes continue to apply to wages for services you perform as an employee outside of the United States if one of the following applies:
You are working for an American employer which includes:
The U.S. Government or any of its instrumentalities
An individual who is a resident of the United States
A partnership of which at least two-thirds of the partners are U.S. residents
A trust of which all the trustees are U.S. residents
A corporation organized under the laws of the United States, any U.S. state, or the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands (with respect to the CNMI, refer to Revenue Ruling 80-167).
You perform the services on or in connection with an American vessel or aircraft and either:
You entered into your employment contract within the United States, or
The vessel or aircraft touches at a U.S. port while you are employed on it
You are working in one of the countries with which the United States has entered into a binational social security agreement (also known as Totalization Agreements), and the agreement provides that your foreign employment is subject to U.S. social security and Medicare taxes.
You are working for a foreign affiliate of an American employer under a voluntary agreement entered into between the American employer and the U.S. Treasury Department
http://www.irs.gov/Individuals/International-Taxpayers/Social-Security-Tax-Consequences-of-Working-Abroad |
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Bud Powell
Joined: 11 Jul 2013 Posts: 1736
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Posted: Fri Apr 04, 2014 11:34 am Post subject: |
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| Thanks for the info. |
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johntpartee
Joined: 02 Mar 2010 Posts: 3258
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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Fri Apr 04, 2014 3:30 pm Post subject: |
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according to the instructions, you file with the treasury department
separately, not a part of your tax returns.
hooray, you can file electronically!
according to the form, it would simply be to collect information to be used
against you in any potential future investigation. it's just filed away for
future use..........
The principal purpose for collecting the information is to assure maintenance of reports where such reports or records have a high degree of
usefulness in criminal, tax, or regulatory investigations or proceedings. The information collected may be provided to those officers and
employees of any constituent unit of the Department of the Treasury who have a need for the records in the performance of their duties. The
records may be referred to any other department or agency of the United States upon the request of the head of such department or agency for
use in a criminal, tax, or regulatory investigation or proceeding. The information collected may also be provided to appropriate state, local, and
foreign law enforcement and regulatory personnel in the performance of their official duties. Disclosure of this information is mandatory. Civil and
criminal penalties, including in certain circumstances a fine of not more than $500,000 and imprisonment of not more than five years, are
provided for failure to file a report, supply information, and for filing a false or fraudulent report. Disclosure of the Social Security number is
mandatory. The authority to collect is 31 CFR 103. The Social Security number will be used as a means to identify the individual who files the
report. |
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johntpartee
Joined: 02 Mar 2010 Posts: 3258
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Posted: Sat Apr 05, 2014 1:28 am Post subject: |
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| Okay, it's not part of the return, that makes more sense. Thanks for doing the legwork for me, choudoufu. |
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NoBillyNO

Joined: 11 Jun 2012 Posts: 1762
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Posted: Sat Apr 05, 2014 1:51 am Post subject: |
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| Just a warning.. when I last went to the US I tried to find out what SS I had accumulated....I waited and waited while scores of folk sat for their disability appointments and grumbled tht the gov didn't care and that they need more of a disability payment to be able to hedge the cost of living .. (not their sentiments as they were not able to string enough words together to actually make a sentence and it sounded like cons on the set of OZ) but when it became my turn .. the woman behind the window .. took my information and then told me that they would have to write a letter as there was some problem finding my file.. I'm still waiting... admin wise the US is under piles of paperwork and the system seems to be crumbling.. |
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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Sat Apr 05, 2014 2:27 am Post subject: |
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| NoBillyNO wrote: |
| ...I waited and waited.. |
bro, why wait?
http://www.ssa.gov/myaccount/
Use a my Social Security online account to get your Social Security Statement, to review:
Estimates of your retirement, disability, and survivors benefits;
Your earnings record; and
The estimated Social Security and Medicare taxes you’ve paid. |
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choudoufu

Joined: 25 May 2010 Posts: 3325 Location: Mao-berry, PRC
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Posted: Sat Apr 05, 2014 2:44 am Post subject: |
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yo, billy bro.
i just went to that there website and created an account in 6 minutes.
why six minutes? i had to check my records to see when i had opened
a credit card account.........need to answer some security questions.
they use info from your experian credit report.
created the account and immediately was able to view my social insecurity
account. woo-hoo! i gots enough to retire in thailand! (meets the
retirement visa requirements)
.............all that without leaving my apartment nor wearing pants. |
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Guerciotti

Joined: 13 Feb 2009 Posts: 842 Location: In a sleazy bar killing all the bad guys.
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Posted: Sat Apr 05, 2014 7:57 am Post subject: |
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I read all about those forms and decided to send money to US accounts often enough to avoid the reporting threshold. |
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johntpartee
Joined: 02 Mar 2010 Posts: 3258
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Posted: Sat Apr 05, 2014 8:38 am Post subject: |
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| Quote: |
| The Social Security number will be used as a means to identify the individual who files the report. |
Since foreign bank accounts generally do not use the holder's SSN, the IRS would have a heckuva time "catching" anybody. |
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Santos L Halper

Joined: 11 Oct 2004 Posts: 37 Location: Left Below
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Posted: Mon Apr 14, 2014 1:01 am Post subject: |
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| Don't forget, if you are filing an FBAR, it's now required to be done electronically. It's due June 30, and no extensions are done. |
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