FBAR lawyers Los Angeles

Los Angeles FBAR Attorney | International Tax Lawyer California

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If you have foreign financial accounts and reside in Los Angeles (California), you would be looking for a Los Angeles FBAR Attorney in California. In your search, you might consider out-of-state attorneys such as Mr. Eugene Sherayzen of Sherayzen Law Office, Ltd. (“Sherayzen Law Office”). Let’s explore in more detail why this is the case.

Los Angeles FBAR Attorney: International Tax Attorney

First of all, it is very important to understand that, by looking for a Los Angeles FBAR attorney, in reality, you are looking for an international tax attorney whose specialty includes FBAR compliance.

Ever since the FBAR enforcement was turned over to the IRS (in 2001), the term FBAR attorney applies exclusively to tax attorneys.

Moreover, FBAR enforcement belongs to a very special field of US tax law – US international tax law. The reason for this is simple: FBAR is an information return concerning foreign assets and the tax compliance concerning foreign assets and foreign income belongs to US international tax law. Hence, when you look for an FBAR attorney, you are looking for an international tax attorney with a specialty in FBAR compliance.

Los Angeles FBAR Attorney: Out-Of-State International Tax Attorney

It is further important to note that, since you are looking for an attorney who specializes in US international tax law (i.e. a federal area of law), you do not need to limit yourself to lawyers who reside in Los Angeles, California. On the contrary, you should consider international tax attorneys who reside in other states and help Los Angeles residents with their FBAR compliance.

Sherayzen Law Office is an international tax law firm that specializes in US international tax compliance, including FBARs. While our office is in Minneapolis, Minnesota, we help taxpayers who reside throughout the United States, including Los Angeles, California.

Los Angeles FBAR Attorney: Broad Scope of Compliance

When retaining a Los Angeles FBAR Attorney, you should consider the fact that such an attorney’s work is not limited only to the preparation and filing of FBARs. Rather, the attorney needs to be able to deliver a variety of services and freely operate with experience and knowledge in all relevant areas of US international tax law, including the various offshore voluntary disclosure options concerning delinquent FBARs.

Moreover, as part of an offshore voluntary disclosure, an FBAR attorney often needs to amend US tax returns, properly prepare foreign financial statements according to US GAAP, correctly calculate PFICs, and complete an innumerable number of other tasks.

Contact Sherayzen Law Office If You Need A Los Angeles FBAR Attorney

Sherayzen Law Office has helped hundreds of US taxpayers worldwide to bring their tax affairs into full compliance with US tax laws. This work included the preparation and filing of offshore voluntary disclosures concerning delinquent FBARs. Sherayzen Law Office offers help with all kinds of offshore voluntary disclosure options, including: SDOP (Streamlined Domestic Offshore Procedures), SFOP (Streamlined Foreign Offshore Procedures), DFSP (Delinquent FBAR Submission Procedures), DIIRSP (Delinquent International Information Return Submission Procedures), IRS VDP (IRS Voluntary Disclosure Practice) and Reasonable Cause disclosures.

Thus, if you are looking for an attorney to help with your FBAR compliance, contact Sherayzen Law Office as soon as possible to secure Your Confidential Consultation!

Official Treasury Currency Conversion Rates of December 31, 2008

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This post describes the Official 2008 FBAR Conversion Rates that should be used by U.S. taxpayers engaged in a voluntary disclosure of foreign financial accounts and filing late FBARs for 2008.  Every year, the U.S. Department of Treasure publishes its official currency conversion rates (they are called “Treasury’s Financial Management Service rates”); I will refer to the “FBAR Conversion Rates”.   The schedule table of these rates for each year is used to prepare an FBAR for the corresponding year.

The latest  (October, 2013) FBAR instructions require the use of Treasury’s Financial Management Service rates, if available, to determine the maximum value of a foreign bank account. In particular, the FBAR instructions state:

In the case of non-United States currency, convert the maximum account value for each account into United States dollars. Convert foreign currency by using the Treasury’s Financial Management Service rate (this rate may be found at www.fms.treas.gov) from the last day of the calendar year. If no Treasury Financial Management Service rate is available, use another verifiable exchange rate and provide the source of that rate. In valuing currency of a country that uses multiple exchange rates, use the rate that would apply if the currency in the account were converted into United States dollars on the last day of the calendar year.

For this reason, the international tax attorneys take their time to compile these rates with all updates. For your convenience, Sherayzen Law Office provides a table of the official  2008 FBAR Conversion Rates below (keep in mind, you still need to refer to the official website for any updates).

OFFICIAL 2008 FBAR CONVERSION RATES

COUNTRY-CURRENCY F.C. TO $1.00
AFGHANISTAN – AFGHANI 47.0100
ALBANIA – LEK 91.0800
ALGERIA – DINAR 69.8740
ANGOLA – KWANZA 75.0000
ANTIGUA – BARBUDA – E. CARIBBEAN DOLLAR 2.7000
ARGENTINA-PESO 3.4530
ARMENIA – DRAM 307.0000
AUSTRALIA – DOLLAR 1.3910
AUSTRIA – EURO 0.7310
AZERBAIJAN – MANAT 0.8200
BAHAMAS – DOLLAR 1.0000
BAHRAIN – DINAR 0.3770
BANGLADESH – TAKA 68.0000
BARBADOS – DOLLAR 2.0200
BELARUS – RUBLE 2657.0000
BELGIUM-EURO 0.7310
BELIZE – DOLLAR 2.0000
BENIN – CFA FRANC 479.5000
BERMUDA – DOLLAR 1.0000
BOLIVIA – BOLIVIANO 6.9400
BOSNIA-HERCEGOVINA MARKA 1.4300
BOTSWANA – PULA 7.5470
BRAZIL – REAL 2.2310
BRUNEI – DOLLAR 1.4720
BULGARIA – LEV 1.4300
BURKINA FASO – CFA FRANC 479.5000
BURMA – KYAT 450.0000
BURUNDI – FRANC 1200.0000
CAMBODIA (KHMER) – RIEL 4077.0000
CAMEROON – CFA FRANC 479.5000
CANADA – DOLLAR 1.1910
CAPE VERDE – ESCUDO 79.8560
CENTRAL AFRICAN REPUBLIC – CFA FRANC 479.5000
CHAD – CFA FRANC 479.5000
CHILE – PESO 630.5000
CHINA – RENMINBI 6.8330
COLOMBIA – PESO 2213.9000
COMOROS – FRANC 361.3500
CONGO – CFA FRANC 479.5000
COSTA RICA – COLON 557.7000
COTE D’IVOIRE – CFA FRANC 479.5000
CROATIA – KUNA 5.2000
CUBA-PESO 0.9260
CYPRUS – POUND 0.3980
CZECH – KORUNA 18.7830
DEM REP OF CONGO-CONGOLESE FRANC 655.0000
DENMARK – KRONE 5.4480
DJIBOUTI – FRANC 177.0000
DOMINICAN REPUBLIC – PESO 35.3200
EAST TIMOR-DILI 1.0000
ECAUDOR-DOLARES 1.0000
EGYPT – POUND 5.4700
EL SALVADOR-DOLARES 1.0000
EQUATORIAL GUINEA – CFA FRANC 479.5000
ERITREA – NAKFA 15.0000
ESTONIA – KROON 11.4400
ETHIOPIA – BIRR 10.4500
EURO ZONE – EURO 0.7310
FIJI – DOLLAR 1.7190
FINLAND-EURO 0.7310
FRANCE-EURO 0.7310
GABON – CFA FRANC 479.5000
GAMBIA – DALASI 27.0000
GEORGIA-LARI 1.6700
GERMANY FRG-EURO 0.7310
GHANA – CEDI 1.2760
GREECE-EURO 0.7310
GRENADA – EAST CARIBBEAN DOLLAR 2.7000
GUATEMALA-QUENTZEL 7.8100
GUINEA – FRANC 4536.0000
GUINEA BISSAU – CFA FRANC 479.5000
GUYANA – DOLLAR 200.3400
HAITI – GOURDE 39.2500
HONDURAS – LEMPIRA 18.9000
HONG KONG – DOLLAR 7.7510
HUNGARY – FORINT 195.7500
ICELAND – KRONA 123.1700
INDIA – RUPEE 48.2000
INDONESIA – RUPIAH 10700.0000
IRAN – RIAL 8229.0000
IRAQ – DINAR 1140.0000
IRELAND-EURO 0.7310
ISRAEL-SHEKEL 3.8780
ITALY-EURO 0.7310
JAMAICA – DOLLAR 80.5000
JAPAN – YEN 92.6500
JERESALEM-SHEKEL 3.8780
JORDAN – DINAR 0.7080
KAZAKHSTAN – TENGE 120.9000
KENYA – SHILLING 78.1500
KOREA – WON 1292.3000
KUWAIT – DINAR 0.2820
KYRGYZSTAN – SOM 39.4000
LAOS – KIP 8468.0000
LATVIA – LATS 0.5160
LEBANON – POUND 1500.0000
LESOTHO – SOUTH AFRICAN RAND 9.4660
LIBERIA – U.S. DOLLAR 49.0000
LIBYA-DINAR 1.2860
LITHUANIA – LITAS 2.5230
LUXEMBOURG-EURO 0.7310
MACAO – MOP 8.0000
MACEDONIA FYROM – DENAR 43.0500
MADAGASCAR-ARIA 1897.4100
MALAWI – KWACHA 142.0060
MALAYSIA – RINGGIT 3.4980
MALI – CFA FRANC 479.5000
MALTA – LIRA 0.2940
MARSHALLS ISLANDS – DOLLAR 1.0000
MARTINIQUE-EURO 0.7310
MAURITANIA – OUGUIYA 260.0000
MAURITIUS – RUPEE 31.7500
MEXICO – NEW PESO 13.4270
MICRONESIA – DOLLAR 1.0000
MOLDOVA – LEU 10.3300
MONGOLIA – TUGRIK 1295.0200
MONTENEGRO-EURO 0.7310
MOROCCO – DIRHAM 8.3830
MOZAMBIQUE – METICAL 25.2400
NAMIBIA-DOLLAR 9.4660
NEPAL – RUPEE 77.6500
NETHERLANDS-EURO 0.7310
NETHERLANDS ANTILLES – GUILDER 1.7800
NEW ZEALAND – DOLLAR 1.6690
NICARAGUA – CORDOBA 19.8400
NIGER – CFA FRANC 479.5000
NIGERIA – NAIRA 138.9000
NORWAY – KRONE 6.8720
OMAN – RIAL 0.3850
PAKISTAN – RUPEE 77.7000
PALAU-DOLLAR 1.0000
PANAMA – BALBOA 1.0000
PAPUA NEW GUINEA – KINA 2.5450
PARAGUAY – GUARANI 4880.0000
PERU – INTI 0.0000
PERU – NUEVO SOL 3.1400
PHILIPPINES – PESO 46.3400
POLAND – ZLOTY 2.9340
PORTUGAL-EURO 0.7310
QATAR – RIYAL 3.6410
ROMANIA – LEU 3.0100
RUSSIA-RUBLE 29.1450
RWANDA – FRANC 558.4000
SAO TOME & PRINCIPE – DOBRAS 15841.7530
SAUDI ARABIA – RIYAL 3.7500
SENEGAL – CFA FRANC 479.5000
SERBIA-DINAR 67.2200
SEYCHELLES – RUPEE 15.8360
SIERRA LEONE – LEONE 3000.0000
SINGAPORE – DOLLAR 1.4710
SLOVAK REPUBLIC – KORUNA 21.5460
SLOVENIA-EURO 0.7310
SOLOMON ISLANDS – DOLLAR 7.7520
SOUTH AFRICA – RAND 9.4660
SPAIN-EURO 0.7310
SRI LANKA – RUPEE 113.7300
ST LUCIA – EC DOLLAR 2.7000
SUDAN-POUND 2.1720
SURINAME – GUILDER 2.8000
SWAZILAND – LILANGENI 9.4660
SWEDEN – KRONA 7.7500
SWITZERLAND – FRANC 1.0980
SYRIA – POUND 46.5000
TAIWAN – DOLLAR 32.9650
TAJIKISTAN-SOMONI 3.4800
TANZANIA – SHILLING 1334.0000
THAILAND – BAHT 34.8200
TOGO – CFA FRANC 479.5000
TONGA – PA’ANGA 2.0480
TRINIDAD & TOBAGO – DOLLAR 6.2400
TUNISIA – DINAR 1.3320
TURKEY-LIRA 1.5330
TURKMENISTAN – MANAT 14215.0000
UGANDA – SHILLING 1935.0000
UKRAINE – HRYVNIA 8.0000
UNITED ARAB EMIRATES – DIRHAM 3.6730
UNITED KINGDOM – POUND STERLING 0.6570
URUGUAY – NEW PESO 24.2500
UZBEKISTAN – SOM 1399.0000
VANUATU – VATU 108.5000
VENEZUELA – BOLIVAR 2150.0000
VENZEULA – NEW BOLIVAR 2.1500
VIETNAM – DONG 17426.0000
WESTERN SAMOA – TALA 2.7610
YEMEN – RIAL 199.0000
YUGOSLAVIA – DINAR 67.2200
ZAMBIA-KWACHA 4880.0000
ZIMBABWE – DOLLAR 6000000000.0000

New 2013 FBAR form: E-filing Explanation for Late FBARs

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On October 1, 2013, in response to various requests from FBAR tax lawyers and accountants, FinCEN updated the online FBAR filing form. There are various new technical additions and a much friendlier user interface, but the inclusion of the explanation for the delay in FBAR filing is definitely the key new feature for the FBAR tax lawyers who are thinking about recommending the reasonable cause disclosure (a/k/a Modified Voluntary Disclosure) to their clients.

The late FBAR explanation has two particularly interesting characteristics.

Analysis of the Late Filing Explanation Choices

First, a taxpayer who files his FBAR late can choose among the following ten answers to explain the reason for filing the FBAR late:

A. Forgot to file
B. Did not know that I had to file
C. Thought account balance was below reporting threshold
D. Did not know that my account qualified as foreign
E. Account statement not received in time
F. Account statement lost (replacement requested)
G. Late receiving missing required account information
H. Unable to obtain joint spouse signature in time
I. Unable to access BSA E-Filing System
Z. Other

These choices are somewhat surprising for FBAR tax lawyers because some of these choices would not normally constitute a reasonable cause, others are repetitive and some may actually get the taxpayer (especially a taxpayer who is not represented by an FBAR tax lawyer).

The most dangerous answer is “A” – forgetting the FBAR means that the taxpayer admits to the knowledge of the existence of the FBAR requirement and non-willfully but negligently fails to comply with the FBAR requirement. Potentially, the IRS can use this answer to impose a $10,000 penalty per violation.

Choice “B” is a good but insufficient choice. Lack of knowledge of the FBAR may help establish non-willfulness, but it is not sufficient in itself for a reasonable cause. FBAR tax lawyers usually start with non-willfulness, but this is not where they end.

Choices “C” and, to a lesser extent, “F” may be dangerous because it is unclear where the confusion (in case of “C”) comes from and why the statements (in the case of “F”) were lost. The taxpayer could be opening the door to potential charge that he is not compliant with the FBAR recordkeeping requirements.

Outside of U.S. territories, I am not certain who would be using answer “D”. In any case, by itself, it does not appear to be sufficient to avoid the imposition of an FBAR penalty.

Choices “E” and “G” are pretty much the same and would be useful in presenting the argument for the reasonable cause, but this task can hardly accomplished without presenting a comprehensive context in which these events occurred. The same problem applies to “H” and “I”.

Choice “Z” – Other Explanation

The second and most important feature of the new FBAR is that it provides the space for writing an explanation for why the FBARs are filed late – this is the last choice “Z”.

There is, however, a very important limitation with respect to choice “Z”; there are only a maximum of 750 characters allowed. In other words, FinCEN and the IRS only gave taxpayers a few tweets to present a complex argument for non-willfulness and reasonable cause. Most FBAR tax lawyers will agree that 750 characters is a laughable amount of space for a reasonable cause explanation.

I believe that this feature will continue to be a great obstacle to submitting reasonable cause explanations purely electronically. More likely, the electronic explanation will need to reference the reasonable cause statement on paper.

Possibility of PDF File Upload in the Future

It seems that the IRS also understands that there is a big problem with choice Z. I fully expect the IRS to finish and implement a new feature (probably in the next version of the FBAR) that would allow FBAR tax lawyers to upload their reasonable cause statements as a pdf file (in a same manner as it is currently done in many court systems in the United States).

Contact Sherayzen Law Office for Legal Help With Late FBARs

If you have undisclosed foreign accounts and you are facing a situation where your FBARs will be filed late, contact Sherayzen Law Office for professional legal help with your late FBARs. Our experienced FBAR tax firm will thoroughly analyze your case, present the available choices, and properly conduct your voluntary disclosure, including the preparation and filing of late FBARs and other necessary legal documents and tax forms.

FBAR Criminal Penalties

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handcuffs

Potentially, a person who willfully fails to file an FBAR or files a false FBAR may be subject to:

  • A prison term of up to 10 years
  • Criminal penalties of up to $500,000
  • or both

When it comes to penalties, FinCEN Form 114 formerly Form TD F 90-22.1, Report on Foreign Bank and Financial Accounts (commonly known as FBAR), is one of the most severe forms ever issued by the U.S. Department of the Treasury.

In addition to a rich arsenal of civil penalties, the FBAR is also armed with criminal penalties that U.S. taxpayers may face in cases of willful non-compliance with the FBAR regulations.  The two most common cases for criminal prosecution are willful failure to file an FBAR and willful filing a false FBAR, especially when combined with potential tax evasion.

The authority for the severe criminal penalties can be found in 31 U.S.C. § 5322.  This means that, potentially, a person who willfully fails to file an FBAR or files a false FBAR may be subject to a prison term of up to 10 years, criminal penalties of up to $500,000 or both potentially, a person who willfully fails to file an FBAR or files a false FBAR may be subject to a prison term of up to 10 years, criminal penalties of up to $500,000 or both

With the mountain of information that the IRS recently accumulated as a result of the 2009 OVDP, 2011 OVDI and, now, 2012 OVDP voluntary disclosure programs, one should expect a dramatic rise in FBAR enforcement. This, of course, means that we are likely to witness the equivalent rise in FBAR audits and criminal prosecutions.

Contact Sherayzen Law Office for FBAR Help

If you have undisclosed foreign accounts and you are subject to the FBAR requirements, contact Sherayzen Law Office immediately.  Our experienced international tax firm will thoroughly review your case, analyze the available options in a responsible and creative way, create a case plan, draft and complete the necessary legal and tax documents and forms, and rigorously represent your case before the IRS.

Don’t Face The IRS Alone! call now! 952-500-8159

FBAR Extension for Certain Individuals: FinCEN Notices 2011-1 and 2011-2

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On May 31, 2011, and June 17, 2011, in FinCEN Notices 2011-1 and 2011-2, the Internal Revenue Service and the Financial Crimes Enforcement Network (FinCEN) announced that a small subset of individuals, who are required to file the Report of Foreign Bank and Financial Accounts (FBAR), will receive a one-year extension beyond the recent filing date of June 30, 2011.

FinCEN Notices 2011-1 and 2011-2 concern only individuals with signature authority and apply to the following narrow categories of filers:

1). An employee or officer of a covered entity (see 31 C.F.R. § 1010.350(f)(2)(i)-(v)) who has signature or other authority over and no financial interest in a foreign financial account of another entity more than 50 percent owned, directly or indirectly, by the entity (a “controlled person”).
2). An employee or officer of a controlled person of a covered entity (see 31 C.F.R. § 1010.350(f)(2)(i)-(v)) who has signature or other authority over and no financial interest in a foreign financial account of the entity or another controlled person of the entity.
3). An employee or officer of an investment advisor registered with the Securities and Exchange Commission who has signature or other authority over and no financial interest in a foreign financial account of persons that are not investment companies registered under the Investment Company Act of 1940.

Notice that categories 1 and 2 do not apply to companies that are not publicly traded or not SEC-registrants.

The new extended filing deadline for the categories of individuals above is June 30, 2012. The deadline applies to FBARs for 2010, 2009 and earlier years.

Unless another relief notice applies, all other U.S. persons required to file an FBAR this year are required to meet the June 30, 2011 filing date. Unlike with federal income tax returns, extensions of time to file are not available.

Contact Sherayzen Law Office for FBAR Guidance

If you have any questions with respect to FinCEN Notices 2011-1 and 2011-2 or if you are looking for FBAR guidance, contact Sherayzen Law Office NOW! Eugene Sherayzen an experienced tax attorney will explain to you the current FBAR requirements and devise the appropriate FBAR compliance strategy for you.