2020 FBAR Conversion Rates | FBAR Tax Lawyer & Attorney

The 2020 FBAR conversion rates are highly important in US international tax compliance. The 2020 FBAR and 2020 Form 8938 instructions both require that 2020 FBAR conversion rates be used to report the required highest balances of foreign financial assets on these forms (in the case of Form 8938, the 2020 FBAR conversion rates is the default choice, not an exclusive one). In other words, the 2020 FBAR conversion rates are used to translate foreign-currency highest balances into US dollars for the purposes of FBAR and Form 8938 compliance.

The U.S. Department of Treasury  already published the 2020 FBAR conversion rates online (they are called “Treasury’s Financial Management Service rates” or the “FMS rates”).

Since the 2020 FBAR conversion rates are highly important to US taxpayers, international tax lawyers and international tax accountants, Sherayzen Law Office provides the table below listing the official 2020 FBAR conversion rates (note that the readers still need to refer to the official website for any updates).

Country – Currency Foreign Currency to $1.00
AFGHANISTAN – AFGHANI77.0900
ALBANIA – LEK100.3500
ALGERIA – DINAR132.2120
ANGOLA – KWANZA649.6000
ANTIGUA – BARBUDA – E. CARIBBEAN DOLLAR2.7000
ARGENTINA – PESO89.2500
ARMENIA – DRAM515.0000
AUSTRALIA – DOLLAR1.2940
AUSTRIA – EURO0.8150
AZERBAIJAN – NEW MANAT1.7000
BAHAMAS – DOLLAR1.0000
BAHRAIN – DINAR0.3770
BANGLADESH – TAKA85.0000
BARBADOS – DOLLAR2.0200
BELARUS – NEW RUBLE2.5980
BELGIUM – EURO0.8150
BELIZE – DOLLAR2.0000
BENIN – CFA FRANC529.0000
BERMUDA – DOLLAR1.0000
BOLIVIA – BOLIVIANO6.8100
BOSNIA – MARKA1.5940
BOTSWANA – PULA10.7990
BRAZIL – REAL5.1940
BRUNEI – DOLLAR1.3220
BULGARIA – LEV1.5940
BURKINA FASO – CFA FRANC529.0000
BURMA-KYAT1,326.0000
BURUNDI – FRANC1,930.6100
CAMBODIA (KHMER) – RIEL4,051.0000
CAMEROON – CFA FRANC529.2600
CANADA – DOLLAR1.2750
CAPE VERDE – ESCUDO89.8300
CAYMAN ISLANDS – DOLLAR0.8200
CENTRAL AFRICAN REPUBLIC – CFA FRANC529.2600
CHAD – CFA FRANC529.2600
CHILE – PESO709.7500
CHINA – RENMINBI6.5400
COLOMBIA – PESO3,414.5000
COMOROS – FRANC400.6200
CONGO – CFA FRANC529.2600
COSTA RICA – COLON609.1000
COTE D’IVOIRE – CFA FRANC529.0000
CROATIA – KUNA5.9500
CUBA – Chavito1.0000
CYPRUS – EURO0.8150
CZECH REPUBLIC – KORUNA20.7540
DEM. REP. OF CONGO – FRANC1,966.4800
DENMARK – KRONE6.0650
DJIBOUTI – FRANC177.0000
DOMINICAN REPUBLIC – PESO58.1400
ECUADOR – DOLARES1.0000
EGYPT – POUND15.6900
EL SALVADOR – DOLARES1.0000
EQUATORIAL GUINEA – CFA FRANC529.2600
ERITREA – NAKFA15.0000
ESTONIA – EURO0.8150
ETHIOPIA – BIRR39.1810
EURO ZONE – EURO0.8150
FIJI – DOLLAR2.0040
FINLAND – EURO0.8150
FRANCE – EURO0.8150
GABON – CFA FRANC529.2600
GAMBIA – DALASI52.0000
GEORGIA – LARI3.2700
GERMANY – EURO0.8150
GHANA – CEDI5.8100
GREECE – EURO0.8150
GRENADA – EAST CARIBBEAN DOLLAR2.7000
GUATEMALA – QUENTZAL7.7800
GUINEA BISSAU – CFA FRANC529.0000
GUINEA – FRANC9,990.0000
GUYANA – DOLLAR215.0000
HAITI – GOURDE71.6060
HONDURAS – LEMPIRA25.0000
HONG KONG – DOLLAR7.7530
HUNGARY – FORINT296.7600
ICELAND – KRONA127.1100
INDIA – RUPEE73.0340
INDONESIA – RUPIAH14,028.0000
IRAN – RIAL42,000.0000
IRAQ – DINAR1,138.0000
IRELAND – EURO0.8150
ISRAEL – SHEKEL3.2130
ITALY – EURO0.8150
JAMAICA – DOLLAR150.0000
JAPAN – YEN103.0800
JORDAN – DINAR0.7080
KAZAKHSTAN – TENGE421.2700
KENYA – SHILLING109.1000
KOREA – WON1,087.6600
KOSOVO – EURO0.8150
KUWAIT – DINAR0.3040
KYRGYZSTAN – SOM82.6500
LAOS – KIP9,280.0000
LATVIA – EURO0.8150
LEBANON – POUND1,500.0000
LESOTHO – MALOTI14.6730
LIBERIA – DOLLAR163.0000
LIBYA – DINAR1.3330
LITHUANIA – EURO0.8150
LUXEMBOURG – EURO0.8150
MADAGASCAR – ARIARY3,824.8000
MALAWI – KWACHA820.0000
MALAYSIA – RINGGIT4.0200
MALDIVES – RUFIYAA15.4200
MALI – CFA FRANC529.0000
MALTA – EURO0.8150
MARSHALL ISLANDS – DOLLAR1.0000
MARTINIQUE – EURO0.8150
MAURITANIA – OUGUIYA37.0000
MAURITIUS – RUPEE39.5500
MEXICO – PESO19.9130
MICRONESIA – DOLLAR1.0000
MOLDOVA – LEU17.0800
MONGOLIA – TUGRIK2,849.7700
MONTENEGRO – EURO0.8150
MOROCCO – DIRHAM8.9170
MOZAMBIQUE – METICAL 74.2000
NAMIBIA – DOLLAR14.6730
NEPAL – RUPEE117.0000
NETHERLANDS – EURO0.8150
NETHERLANDS ANTILLES – GUILDER1.7800
NEW ZEALAND – DOLLAR1.3830
NICARAGUA – CORDOBA34.9000
NIGER – CFA FRANC529.0000
NIGERIA – NAIRA385.0000
NORWAY – KRONE8.5300
OMAN – RIAL0.3850
PAKISTAN – RUPEE159.7500
PANAMA – BALBOA1.0000
PANAMA – DOLARES1.0000
PAPUA NEW GUINEA – KINA3.5090
PARAGUAY – GUARANI6,891.9600
PERU – SOL3.6190
PHILIPPINES – PESO48.1730
POLAND – ZLOTY3.7130
PORTUGAL – EURO0.8150
QATAR – RIYAL3.6400
REP. OF N MACEDONIA – DINAR50.1300
REPUBLIC OF PALAU – DOLLAR1.0000
ROMANIA – NEW LEU 3.9660
RUSSIA – RUBLE74.4600
RWANDA – FRANC950.0000
SAO TOME & PRINCIPE – NEW DOBRAS20.0510
SAUDI ARABIA – RIYAL3.7500
SENEGAL – CFA FRANC529.0000
SERBIA – DINAR95.8000
SEYCHELLES – RUPEE20.9100
SIERRA LEONE – LEONE9,997.0000
SINGAPORE – DOLLAR1.3220
SLOVAK REPUBLIC – EURO0.8150
SLOVENIA – EURO0.8150
SOLOMON ISLANDS – DOLLAR7.7340
SOMALI – SHILLING575.0000
SOUTH AFRICA – RAND14.6730
SOUTH SUDANESE – POUND177.0000
SPAIN – EURO0.8150
SRI LANKA – RUPEE185.0000
ST LUCIA – E CARIBBEAN DOLLAR2.7000
SUDAN – SUDANESE POUND55.0000
SURINAME – GUILDER14.2900
SWAZILAND – LANGENI14.6730
SWEDEN – KRONA8.1720
SWITZERLAND – FRANC0.8810
SYRIA – POUND1,256.0000
TAIWAN – DOLLAR28.0740
TAJIKISTAN – SOMONI11.3250
TANZANIA – SHILLING2,314.0000
THAILAND – BAHT29.9200
TIMOR – LESTE DILI1.0000
TOGO – CFA FRANC529.0000
TONGA – PA’ANGA2.1980
TRINIDAD & TOBAGO – DOLLAR6.6980
TUNISIA – DINAR2.6830
TURKEY – LIRA7.4240
TURKMENISTAN – NEW MANAT3.4910
UGANDA – SHILLING3,649.0000
UKRAINE – HRYVNIA28.3000
UNITED ARAB EMIRATES – DIRHAM3.6730
UNITED KINGDOM – POUND STERLING0.7320
URUGUAY – PESO42.1400
UZBEKISTAN – SOM10,471.9200
VANUATU – VATU106.2300
VENEZUELA – BOLIVAR SOBERANO1,104,430.5870
VENEZUELA – FUERTE (OLD)248,832.0000
VIETNAM – DONG23,070.0000
WESTERN SAMOA – TALA2.4440
YEMEN – RIAL480.0000
ZAMBIA – NEW KWACHA21.1400
ZIMBABWE – RTGS79.7420

2020 FBAR Deadline in 2021 | FinCEN Form 114 International Tax Lawyer & Attorney

The 2020 FBAR deadline is one of the most important deadlines for US taxpayers this calendar year 2021. What makes FBAR so important are the draconian FBAR penalties which may be imposed on noncompliant taxpayers. Let’s discuss the 2020 FBAR deadline in more detail.

2020 FBAR Deadline: Background Information

The official name of FBAR is FinCEN Form 114, the Report of Foreign Bank and Financial Accounts. US Persons must file FBAR if they have a financial interest in or signatory or any other authority over foreign financial accounts if the highest aggregate value of these accounts is in excess of $10,000. FBARs must be timely e-filed separately from federal tax returns.

Failure to file an FBAR may result in the imposition of heavy FBAR penalties. The FBAR penalties vary from criminal penalties and willful penalties to non-willful penalties. You can find more details about FBAR penalties in this article.

2020 FBAR Deadline: Pre-2016 FBAR Deadline

For the years preceding 2016, US persons needed to file FBARs by June 30 of each year. For example, the 2013 FBAR was due on June 30, 2014. No filing extensions were allowed.

The last FBAR that followed the June 30 deadline was the 2015 FBAR; its due date was June 30, 2016. Due to the six-year FBAR statute of limitations, however, it is important to remember this history for the purpose of offshore voluntary disclosures and IRS FBAR audits. The 2015 FBAR’s statute of limitations will expire only on June 30, 2022.

2020 FBAR Deadline: Changes to FBAR Deadline Starting with the 2016 FBAR

For many years, the strange FBAR filing rules greatly confused US taxpayers. First of all, it was difficult to learn about the existence of the form. Second, many taxpayers simply missed the unusual FBAR filing deadline.

The US Congress took action in 2015 to alleviate this problem. As it usually happens, it did so when it passed a law that, on its surface, had nothing to do with FBARs. The Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (the “Act”) changed the FBAR deadline starting with 2016 FBAR. Section 2006(b)(11) of the Act requires the FBARs to be filed by the due date of that year’s tax return (i.e. usually April 15), not June 30.

Furthermore, during the transition period (which continues to this date), the IRS granted to US taxpayers an automatic extension of the FBAR filing deadline to October 15. Taxpayers do not need to make any specific requests in order for an extension to be granted.

Thus, starting with the 2016 FBAR, the Act adjusted the FBAR due date to coincide with the federal income tax filing deadlines. This is the case even if federal law requires a different filing date. For example, in situations where the tax return due date falls on a Saturday, Sunday, or legal holiday, the IRS must delay the due date until the next business day; the FBAR deadline will follow suit and also shift to the next business day.

2020 FBAR Deadline

Based on the current law, the 2020 FBAR deadline will be April 15, 2021. However, it is automatically extended to October 15, 2021.

The 2020 FBAR must be e-filed through the US Financial Crimes Enforcement Network’s (FinCEN) BSA E-filing system.

Contact Sherayzen Law Office for Professional Help With Your FBAR Compliance

If you have undisclosed foreign accounts, contact Sherayzen Law Office as soon as possible. Sherayzen Law Office is a leader in US international tax compliance and offshore voluntary disclosures. We have successfully helped hundreds of US taxpayers around the globe with their FBAR compliance and FBAR voluntary disclosures; and we can help you!

Contact Us Today to Schedule Your Confidential Consultation!

2021 Tax Filing Season for Tax Year 2020 Starts on February 12 2021

On January 15, 2021, the IRS announced that the 2021 tax filing season for the tax year 2020 will start on Friday, February 12, 2021. On that day, the IRS will begin accepting and processing 2020 tax year returns.

The February 12 start date for individual tax return filers allows the IRS time to do additional programming and testing of IRS systems following the December 27 tax law changes that provided a second round of Economic Impact Payments and other benefits. This programming work is critical to ensuring IRS systems run smoothly. If the 2021 tax filing season were to open without the correct programming in place, then there could be a delay in issuing refunds to taxpayers. These changes ensure that eligible people will receive any remaining stimulus money as a Recovery Rebate Credit when they file their 2020 tax return.

“Planning for the nation’s filing season process is a massive undertaking, and IRS teams have been working non-stop to prepare for this as well as delivering Economic Impact Payments in record time,” said IRS Commissioner Chuck Rettig. “Given the pandemic, this is one of the nation’s most important filing seasons ever. This start date will ensure that people get their needed tax refunds quickly while also making sure they receive any remaining stimulus payments they are eligible for as quickly as possible.”

Last year’s average tax refund was more than $2,500. More than 150 million tax returns are expected to be filed during the 2021 Tax Filing Season, with the vast majority before the Thursday, April 15, 2021, deadline.

Under the PATH Act, the IRS cannot issue a refund involving the Earned Income Tax Credit (EITC) or Additional Child Tax Credit (ACTC) before mid-February. The law provides this additional time to help the IRS stop fraudulent refunds and claims from being issued, including to identity thieves.

The IRS anticipates a first week of March refund for many EITC and ACTC taxpayers if they file electronically with direct deposit and there are no issues with their tax returns. This would be the same experience for taxpayers if the filing season opened in late January. Taxpayers will need to check ‘Where’s My Refund’ on the IRS website IRS.gov under ‘Refunds’ for their personalized refund date. Overall, the IRS anticipates nine out of 10 taxpayers will receive their refund within 21 days of when they file electronically with direct deposit if there are no issues with their tax return.

Here are some important 2021 Tax Season deadlines:

A. Estimated Tax Deadlines: April 15, 2021; June 15, 2021; September 15, 2021; and January 15, 2022.

B. Individual Income Tax Returns: April 15, 2021 for US taxpayers who live in the United States; June 15, 2021, for US taxpayers who live outside of the United States (their tax payment deadline is still April 15); October 15, 2021, for extended tax returns; December 15, 2021, special extension for US taxpayers who reside overseas.

C. Partnership and S-Corporations: March 15, 2021; if extended, September 15, 2021.

D. C-Corporations: April 15, 2021; if extended, October 15, 2021.

E. Forms 3520-A: for calendar-year foreign trusts, March 15, 2021; extension is possible until September 15, 2021.

F. Form 3520: April 15, 2021; extension is possible until October 15, 2021.

G. FBARs: April 15, 2021; extension is possible until October 15, 2021.

H. International Information Returns filed with US tax returns (Forms 5471, 8621, 8865, 926, et cetera): same deadline as for the US income tax return with which these international information returns are filed.

January 28 2021 Inbound Transactions Seminar | US International Tax Lawyer

On January 28, 2021, Mr. Eugene Sherayzen, an international tax attorney and founder of Sherayzen Law Office, Ltd., co-presented with a business lawyer a seminar titled “Investing in US Businesses by Foreign Persons – Common Business and Tax Considerations” (the “Inbound Transactions Seminar”). The Inbound Transactions Seminar was sponsored by the International Business Law Section of the Minnesota State Bar Association. Due to the ongoing COVID-19 pandemic, the seminar was conducted online.

Mr. Sherayzen began his part of the Inbound Transactions Seminar with an explanation of the term “inbound transactions” and how it differs from “outbound transactions”. He then laid out a flowchart which represented the entire analytical tax framework for inbound transactions; the tax attorney warned the audience that, due to time restraints, the breadth of the subject matter only allowed him to generally highlight the most important parts of this framework.

Then, Mr. Sherayzen proceeded with an explanation of each main issue listed on the inbound transactions tax framework flowchart. First, he discussed the explanation of the concept of a US person and how it related to the flowcharted. The international tax attorney provided definitions for all four categories of US persons: individuals, business entities (corporations and partnerships), trusts and estates.

Then, Mr. Sherayzen focused on the second part of the flowchart – US income sourcing rules. After the general explanation of the significance of the income sourcing rules, the international tax attorney discussed in general terms the application of these rules to specific types of income: interest, dividends, rents, royalties, sales of personal property, sales of inventory, sales of real estate and income from services. Despite the time limitations, he was even able to provide a few examples of some of the most paradoxical outcomes of some of the US source-of-income rules.

The third part of the Inbound Transactions Seminar was devoted to the definition of “US trade or business activities”, an important tax term. Mr. Sherayzen provided a general definition and gave some specific examples, warning the audience that this is a highly fact-dependent issue.

In the next two parts of the seminar, the international tax attorney explained one of the most important terms in US taxation – ECI or Effectively Connected Income. Mr. Sherayzen not only went over all three ECI income categories but he also explained how ECI should be taxed. He also mentioned the affect of specific tax regimes (such as BEAT and branch taxes) on the taxation of ECI.

After finishing the left side of the flowchart (the part that was devoted to the analysis of the ECI of US trade and business activities), Mr. Sherayzen switched to the explanation of inbound transactions that do not involve US trade or business activities. In this last part of his presentation, the international tax attorney discussed the definition of FDAP income and the potential Internal Revenue Code and treaty exemptions from US taxation.

While the ongoing pandemic currently limits the number of options for conducting seminars, Mr. Sherayzen already plans future talks in 2021 on the subjects of US international tax compliance and US international tax planning.

Inbound Transactions: Non-US Person Definition | International Tax Attorney

In a previous article, I described the analytical framework for conducting tax analysis of inbound transactions. In this article, I will focus on the first issue of this framework – the Non-US Person definition.

Non-US Person Definition: Importance in the Context of Inbound Transactions

Before we delve into the issue of Non-US Person definition, we need to understand why this definition is so important in the context of inbound transactions.

The significance of this definition comes from the fact that the extent of exposure to US taxation depends on whether a person is classified as a US-Person or a Non-US Person. A US person is taxed on his worldwide income and may be subject to a huge array of US reporting requirements. A Non-US Person, however, may only be taxed by the IRS with respect to income earned from US investments or US businesses (even then, there are a number of exceptions). Hence, the classification of US Person versus Non-US Person may have a huge practical impact on a person’s US tax exposure.

Non-US Person Definition: Everyone Who Is Not a US-Person

There is no definition of “Non-US Person” in the Internal Revenue Code (“IRC”); there is not even a definition of a “foreign person”.

Rather, one needs to look at the IRC §7701(a) to look for identification of categories of persons who are considered “domestic”. Anyone who is not a “domestic person” is a foreign person or, for our purposes, a Non-US Person.

Non-US Person Definition: What Does “Person” Mean

Before we analyze who is considered to be a “US Person”, we should first clarify who a “person” is. Under §7701(a)(1), a person “shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation”. In other words, a “person” may mean not only an individual, but also a business entity, trust or estate.

Non-US Person Definition: General Definition of US Person

Under §7701(a)(30), a “US Person” means a US citizen, US resident alien, domestic partnership, domestic corporation, any estate that is not a foreign estate and a trust that satisfies both condition of §7701(a)(30)(E). Almost each of these categories is highly complex and needs a special definition. I will not cover here every detail, but I will provide certain general definitions with respect to each category.

Non-US Person Definition: Individuals Who Are US Persons

As I stated above, all US citizens and US resident aliens are considered US Persons. In the vast majority of cases, it is fairly easy to determine who is a US citizen; most complications occur with “accidental Americans” and Americans with only one parent who is a US citizen.

A US resident alien is a more complex term. It includes not only US Permanent Residents (i.e. “green card” holders), but also all persons who satisfied the Substantial Presence Test and all persons who declared themselves as US tax residents. This means that a person may be a US resident for tax purposes, but not for immigration purposes. This situation creates a lot of confusion among people who marry US persons or who come to the United States to work; many of them believe themselves to be Non-US Persons, but in reality they are US tax residents.

Non-US Person Definition: Domestic Corporations & Partnerships

Under §7701(a)(4), corporations and partnerships are considered US Persons if they are created or organized in the United States or under the laws of the United States or any of its states. In the case of partnerships, the IRS may issue regulations that provide otherwise, but the IRS has not done so yet. Conversely, a corporation or a partnership is a Non-US Person if it is not organized in the United States.

Pursuant to §7701(a)(9), the definition of the United States for the purposes of §7701(a)(4) includes only the 50 States and the District of Columbia. In other words, §7701(a)(9) excludes all US territories and possessions from the definition of the United States. For example, a corporation formed in Guam is a Non-US Person!

Non-US Person Definition: Domestic Trust

A trust is a US Person if it satisfies both tests contained in §7701(a)(30)(E). The first test is a “court test”: a court within the United States must be able to exercise primary supervisorial administration. The second test is a “control test”: one or more US persons must have the authority to control all substantial decisions of the trust. Failure to meet either test will result in the trust being a Non-US Person with huge implications for US tax purposes.

Non-US Person Definition: Domestic Estate

While all other definitions described above define a domestic entity and state that a foreign entity is not a domestic one, it is exactly the opposite with estates. Under §7701(a)(30)(D), an estate is a US Person if it is not a foreign estate described in §7701(a)(31). §7701(a)(31)(A) defines a foreign estate as: “the income of which, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States, is not includible in gross income under subtitle A”.

Contact Sherayzen Law Office for Professional Help With Your US International Tax Compliance

Sherayzen Law Office is a leader in US international tax compliance. We have advised hundreds of clients around the globe with respect to their US international tax compliance, international tax planning (including investment into US companies) and offshore voluntary disclosures. We can help you!

Contact Us Today to Schedule Your Confidential Consultation!