2. Ignorance To Tax Laws Not An Excuse
Whenever you play Monopoly you eagerly await the Get
out of Jail free card so your stay can be brief and
painless. The IRS doesn't play by the Boardwalk or Park
Place rules. Ignorance to the tax laws is not an excuse
that the IRS will acknowledge. Actions speak louder than
words and often the IRS will use you actions to show if
your mistake was willful or not, thus determining how
serious your consequence will be.
Freeman Tax Law (855) 935-5945 info@freemantaxlaw.com www.freemantaxlaw.com
3. Willful or Not?
If you didn’t know you had a legal duty to report income or a foreign bank
account, how can you be prosecuted? It’s not that simple.
You can be proven to be willfully evading your tax responsibility by your
conscious choice to not comply with the tax code. Even if you did not
mean to harm or cheat anyone, failing to learn of the filing requirements
for reporting offshore income and bank accounts combined with having
such an account could be enough for the IRS to find you willful.
Freeman Tax Law (855) 935-5945 info@freemantaxlaw.com www.freemantaxlaw.com
4. No Excuses
According to the IRS if you have a foreign
account you should be informed and read
the government tax forms and
instructions. If you do not follow-up or get
professional advice, that could also be
enough to claim you were willfully blind.
Same rule applied if you didn't know about
FBARs. It is illegal to not file your FBARs,
but even if you claim you didn't know your
conduct is an important piece of the willful
puzzle. Suspicious conduct like filing
some forms and not others, using another
passport, or omitting details from your tax
preparer are signs that you were willfully
evading your tax obligations.
Freeman Tax Law (855) 935-5945 info@freemantaxlaw.com www.freemantaxlaw.com
5. Come Into Compliance
For those that truly are non-willful the IRS recently
announced a change to the offshore disclosure
programs to allow for more individuals with offshore
assets to come into compliance. Streamlined
compliance procedure is now available to both U.S.
and non-U.S. residents that can certify their tax
noncompliance was non-willful. The new streamlined
procedure offers a lesser penalty (5% on foreign
assets that caused the non-compliance issue) than
the 27.5-50% in the OVDP, but does not offer the
same audit and criminal liability protections since all
omissions were non-willful .
Thoroughly discuss your conduct with a certified legal
professional before taking part in the Streamlined
compliance program. Claiming that you were non-willful
when you were in fact willful is a crime.
Freeman Tax Law (855) 935-5945 info@freemantaxlaw.com www.freemantaxlaw.com
6. Locations
International Locations:
Geneva, Switzerland
Basel, Switzerland
Bern, Switzerland
Zurich, Swizterland
San Antonio, Texas
Houston, Texas
Dallas, Texas
Austin, Texas
Charlotte, North Carolina
Boston, Massachusetts
Atlanta, Georgia
Tampa, Florida
Washington DC
Denver, Colorado
San Jose, California
San Diego, California
Pleasanton, California
Irvine, California
Cleveland, Ohio
New York, New York
Las Vegas, Nevada
Short Hills, New Jersey
Birmingham, Michigan
Chicago, Illinois
Miami, Florida
Greenwich, Connecticut
San Francisco, California
Palo Alto, California
Los Angeles, California
Phoenix, Arizona
Freeman Tax Law (855) 935-5945 info@freemantaxlaw.com www.freemantaxlaw.com
7. Freeman Tax Law
About Freeman Tax Law
Freeman Tax Law is a boutique tax law firm with national exposure equipped to
handle all domestic and international tax law matters. At Freeman Tax Law, the
attorneys and professional staff have vast experience with foreign tax compliance,
international tax planning, and resolving tax controversies involving offshore
banking matters. Freeman Tax Law helps taxpayers and foreign entities become in
compliance with laws such as Foreign Account Tax Compliance Act (FATCA) and
Offshore Voluntary Disclosure Program (OVDP). In addition to handling complex tax
controversies, the Freeman Tax Law team has extensive expertise in assisting
clients with wealth management and estate planning.
Freeman Tax Law
(855) 935-5945
info@freemantaxlaw.com
www.freemantaxlaw.com