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Certification of Non-Willfulness: Required Length | Streamlined Domestic Offshore Procedures Lawyer

Hello, and welcome to Sherayzen Law Office video Blog. My name is Eugene Sherayzen and I’m an international tax attorney and owner of Sherayzen Law Office, Ltd.

Today, we’re continuing our series of blogs from Beverly Hills, California. I’d like to go back to the issue that I’ve already touched upon in a previous blog; that is, the certification of non-willfulness. I mentioned and described, to a certain degree the attachment that must go with your Form 14654 or Form 14653: the certification of non-willfulness for SDOP and certification of non-willfulness for SFOP respectively.

What I’d like to talk to you about today is how extensive this attachment needs to be. I’ve seen non-willfulness statements that are only a few pages long or sometimes only a few paragraphs long. Neither will likely prove satisfactory. Maybe, if the case is very simple, sometimes you can fit it into a few pages, though, I doubt it.

In my experience, to properly state the case for non-willfulness and state it to the degree that it would satisfy the IRS; one cannot be stingy with facts and with arguments. The bigger your non-willfulness statement, the more direct, the more forthcoming, the more detailed it is along with the sequence of events that makes logical sense, the better off you are. The stronger your argument of non-willfulness will be, the more likely that looking at a statement like this, the IRS is not going to audit your Offshore Voluntary Disclosure.

That is: a good non-willfulness statement is the key to reducing your potential audit exposure in the Voluntary Disclosure.

If you would like to learn more about SDOP or SFOP, please call me at (952) 500-8159 or you can email me at [email protected]

Thank you for watching, until the next time.

Certification of Non-Willfulness | Offshore Voluntary Disclosure Tax Lawyer & Attorney

Hello, and welcome to Sherayzen Law Office video Blog. My name is Eugene Sherayzen and I’m an international tax attorney and owner of Sherayzen Law Office, Ltd.

We are continuing our series of vlogs from Beverly Hills, California and today, I’d like to talk to you about probably the most critical document that you need to submit as part of your Streamlined Domestic Offshore Procedures. Actually, as a matter of fact, it is also the most critical document that you would have to submit as part of your Streamlined Foreign Offshore Procedures.

This document is the Certification of Non-Willfulness. The Certification of Non-Willfulness, Form 14654, in the case of Streamlined Domestic Offshore Procedures or Form 14653, in the case of Streamlined Foreign Offshore Procedures, in of itself is not a complex form. In fact, most of it’s language is already determined by the IRS. All you need to do is input certain numbers/certain amounts; so, that part, while it’s critical to do correctly, is not the most crucial part of your Streamlined Disclosure.
The most crucial part, and something that most people do not realize, is the explanation, the attachment, that has to go with your Form 14654 or Form 14653.

That explanation is a critical part of your Offshore Voluntary Disclosure.

  1. It must state all relevant facts
  2. Describe the circumstances that led to non-compliance
  3. State (and this is the critical part) the legal case that will form the crux of your legal argument for non-willfulness

Proving non-willfulness is critical; if you cannot prove non-willfulness, you cannot do a Streamlined Domestic Offshore Procedures or a Streamlined Foreign Offshore Procedures, for that matter.

If you would like to know more about the SDOP process or the process for establishing non-willfulness as part of the SDOP, please call me at (952) 500-8159 or you can email me at [email protected]

Thank you for watching, until the next time.

Streamlined Domestic Offshore Procedures FBARs | SDOP FBAR Tax Lawyer

Hello, and welcome to Sherayzen Law Office video Blog. My name is Eugene Sherayzen and I’m an international tax attorney and owner of Sherayzen Law Office, Ltd.

I’m continuing a series of blogs from Beverly Hills, California. Today, I’d like to discuss the FBARs that must be submitted as part of an SDOP disclosure. Now, this is actually pretty normal because the IRS Statute of Limitations is six years, so it is logical that the IRS would require you to submit correct FBARs for the period that encompasses the entire Statue of Limitations for the FBAR.

What is important to emphasize though, is when FBARs are submitted as part of the Streamlined Domestic Offshore Procedures, they have to expressly state so. In other words, FBARs must state, (there’s a special option ‘other’ which you can chose when you file the FBAR) in that section: “This FBAR is filed pursuant to Streamlined Domestic Offshore Procedures”. Again, to repeat myself, the explanation for each FBAR e-filed as part of the SDOP disclosure, must expressly state: “This FBAR is filed pursuant to Streamlined Domestic Offshore Procedures”.

Additionally, and this is completely voluntary, but I believe is useful, that it is a good idea to state the most important non-willfulness arguments in the same explanation, when you file your FBARs.

If you would like to learn more about the SDOP process, you can call met at (952) 500-8159 or you can email me at [email protected]

Thank you for watching, until the next time.

International Tax Attorney Beverly Hills LA California | SDOP – Amended Tax Returns

Hello, and welcome to Sherayzen Law Office video Blog. My name is Eugene Sherayzen and I’m an international tax attorney and owner of Sherayzen Law Office, Ltd.

Today, we are continuing our series of blogs from Beverly Hills and I would like to talk about Streamlined Domestic Offshore Procedures, in particular, I’d like to talk about the Amended Tax Returns that have to be filed as part of the SDOP process.

You may know as part of the SDOP, that you have to submit amended tax returns for the past three years. The question is: why do you have to amend them? It may seem like an obvious question; but unfortunately, too often, people make mistakes.

Let’s list the three most important things that amended tax returns have to disclose. First of all, they have to disclose correctly, unreported foreign income. Second, they have to disclose unreported foreign assets, on the information returns obviously, such as form 8938, form 8621 and so on and so forth. Finally, the third thing, and a bit of a surprise for many people, the amended tax returns have to disclose US-source income; meaning, that they have to correct the original mistakes that were made by the accountants, tax software or by the taxpayers themselves, on the amended tax returns, as part the SDOP submission.

This is where a lot of people make mistakes, even accountants. Not only is it foreign income tax compliance that has to be reflected, but US tax compliance has to be reflected on the amended tax returns.

If you would like to know more about the Streamlined Domestic Offshore Procedures, you can call me at (952) 500-8159 or you can email me at [email protected]

Thank you for watching, until the next time.

International Tax Attorney Beverly Hills LA California | Introduction

Hello, and welcome to Sherayzen Law Office video blog. My name is Eugene Sherayzen and I’m an international Tax Attorney and owner of Sherayzen Law Office, Ltd.

Today, I am actually in Beverly Hills, LA and one of the reasons I came here is that I wanted to do a blog about why LA is such a good source of clients for my business.

As paradoxical as that sounds, if you think about it, LA in general, and Beverly Hills, in particular, has a lot of people who come from all over the world. People who are Spaniards, Russians, Chinese, Americans from other states, Indians – all kinds of people who come to LA.

A lot of them, when they come to the United States, to LA in particular, have assets. Now, LA is an expensive city and Beverly Hills is especially expensive. So, that means that the people who come here with assets (these are not small assets) unfortunately, may not know that they have to disclose them and because they don’t know that they have to disclose them, the end result of this is that they never disclose them until something happens, by accident or intention, they find out that they have not been in compliance with US Tax Reporting requirements for a long while, and then they have to do some type of voluntary disclosure and they come to me to do so. This is why LA is such a good source of clients for my business.

In the next videos, I will talk more about the offshore voluntary disclosures. Thank you for watching, until the next time.