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St Paul FBAR Attorney | International Tax Lawyer Minnesota

If you reside in St Paul, Minnesota, and you have unreported foreign bank and financial accounts, you may be looking for St Paul FBAR Attorney. In your search, please consider Mr. Eugene Sherayzen of Sherayzen Law Office, Ltd. (“Sherayzen Law Office”). Let’s understand why this is the case.

St Paul FBAR Attorney: International Tax Lawyer

First of all, it is very important to understand that, by looking for St Paul FBAR attorney, in reality, you are searching for an international tax lawyer who specializes in FBAR compliance.

The reason for this conclusion is the fact that FBAR enforcement belongs to a very special field of US tax law – US international tax law. FBAR is an information return concerning foreign assets, which necessarily involves US international tax compliance concerning foreign assets/foreign income. Moreover, ever since the FBAR enforcement was turned over to the IRS in 2001, the term FBAR attorney applies almost exclusively to tax attorneys.

Hence, when you look for an FBAR attorney, you are looking for an international tax attorney with a specialty in FBAR compliance.

St Paul FBAR Attorney: Broad Scope of Compliance and Offshore Voluntary Disclosures

When retaining St Paul FBAR attorney, consider the fact that such an attorney’s work is not limited only to the preparation and filing of FBARs. Rather, the attorney should be able to deliver a variety of tax 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.

Mr. Sherayzen and his team of motivated experienced tax professionals of Sherayzen Law Office have 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.

St Paul FBAR Attorney: Out-Of-State International Tax Lawyer

Whenever you are looking for an attorney who specializes in US international tax law (which is a federal area of law, not a state one), you do not need to limit yourself to lawyers who reside in St Paul, Minnesota. On the contrary, consider international tax attorneys who reside in other states and help St Paul 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 St Paul, Minnesota.

Thus, if you are looking for a St Paul FBAR Attorney, contact Mr. Sherayzen as soon as possible to schedule Your Confidential Consultation!

2023 FBAR Deadline in 2024 | FinCEN Form 114 International Tax Lawyer & Attorney

The 2023 FBAR deadline is a critical deadline for US taxpayers this calendar year 2024. What makes FBAR so important are the draconian FBAR penalties which may be imposed on noncompliant taxpayers. Let’s discuss the 2023 FBAR deadline in more detail.

2023 FBAR Deadline: Background Information

The official name of FBAR is FinCEN Form 114, the Report of Foreign Bank and Financial AccountsUS 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.

2023 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. .

2023 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 the 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, the IRS granted to US taxpayers an automatic extension of the FBAR filing deadline to October 15. For now, 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.

2023 FBAR Deadline

Based on the current law, for the vast majority of filers, the 2023 FBAR deadline will be April 15, 2024. However, the deadline is automatically extended to October 15, 2024.

The 2023 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 unreported 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!

Child FBAR Obligations | FBAR Tax Lawyer & Attorney

Child FBAR filing obligations is a topic that comes up fairly often in my practice. In this short essay, I will discuss whether a child is required to file an FBAR and how it should be done.

Child FBAR Obligations: What is FBAR

FBAR is a common abbreviation for the Report of Foreign Bank and Financial Accounts, officially called FinCEN Form 114, Report of Foreign Bank and Financial Accounts (used to be TD F 90-22.1). This form is used by US persons to report to the IRS a financial interest in or signatory authority over foreign financial accounts.  This is one of the most important forms that US taxpayers need to file in order to comply with their US international tax law requirements. A failure to file an FBAR when required may result in an imposition of severe IRS penalties.

Child FBAR Obligations: No Age Limitations

All US Persons are potentially subject to the FBAR requirement with no regard for their age. In other words, minor children with foreign accounts that satisfy the FBAR filing threshold must file FBARs. Even a newborn infant may have to file an FBAR. See BSA Electronic Filing Requirements For Report of Foreign Bank and Financial Accounts (FinCEN Form 114), p. 6.

Child FBAR Obligations: How to file a Child’s FBAR

While a child is responsible for the filing of his own FBAR, the child’s parent, guardian or other legally responsible person must file the FBAR for the child if the child is unable to do it himself.  Id. In such cases, the responsible person, parent or guardian must sign the FBAR on behalf of the child as “Parent/Guardian filing for child”.

Contact Sherayzen Law Office for Professional Help with Your Child FBAR Obligations

Parents often overlook their children’s FBAR obligations.  Time and again, I discover that otherwise fully-compliant taxpayers completely neglected their children’s FBARs.

If your child has not filed the required FBARs or he needs help complying with his current FBAR obligations, contact Sherayzen Law Office for professional help.  We are a highly-experienced team of international tax professionals led by an international tax attorney, Mr. Eugene Sherayzen.  We have helped hundreds of people around the world with their FBAR obligations, including offshore voluntary disclosures, and we can help you!

Contact Us Today to Schedule Your Confidential Consultation!

2017 FBAR Currency Conversion Rates | FBAR Lawyer and Attorney

Using proper currency conversion rates is a very important part of preparing 2017 FBAR and 2017 Form 8938. The instructions to both forms require (in case of FATCA Form 8938, this is the default choice) US taxpayers to use the 2017 FBAR Currency Conversion Rates published by the Treasury Department. The 2017 FBAR Currency Conversion Rates may also be used for other purposes, not just the preparation of the 2017 FBAR and Form 8938.

The 2017 FBAR Currency Conversion Rates are the December 31, 2017 rates officially published by the U.S. Department of Treasury (they are called “Treasury’s Financial Management Service rates” or the “FMS rates”) and they are the proper conversion rates that must be used while preparing FBAR and Form 8938.

Due to this importance of the 2017 FBAR Currency Conversion Rates to US taxpayers, international tax lawyers and international tax accountants, Sherayzen Law Office provides the table below the official 2017 FBAR Currency Conversion Rates (keep in mind, you still need to refer to the official website for any updates).

Country – Currency

Foreign Currency to $1.00

AFGHANISTAN – AFGHANI

69.3200

ALBANIA – LEK

110.6000

ALGERIA – DINAR

114.6590

ANGOLA – KWANZA

170.0000

ANTIGUA – BARBUDA – E. CARIBBEAN DOLLAR

2.7000

ARGENTINA – PESO

19.1600

ARMENIA – DRAM

485.0000

AUSTRALIA – DOLLAR

1.2790

AUSTRIA – EURO

0.8330

AZERBAIJAN – NEW MANAT

1.7100

BAHAMAS – DOLLAR

1.0000

BAHRAIN – DINAR

0.3770

BANGLADESH – TAKA

82.0000

BARBADOS – DOLLAR

2.0200

BELARUS – NEW RUBLE

1.9730

BELGIUM – EURO

0.8330

BELIZE – DOLLAR

2.0000

BENIN – CFA FRANC

562.3300

BERMUDA – DOLLAR

1.0000

BOLIVIA – BOLIVIANO

6.8600

BOSNIA – HERCEGOVINA – MARKA

1.6300

BOTSWANA – PULA

9.8040

BRAZIL – REAL

3.3120

BRUNEI – DOLLAR

1.3420

BULGARIA – LEV

1.6310

BURKINA FASO – CFA FRANC

562.3300

BURMA – KYAT

1354.0000

BURUNDI – FRANC

1720.0000

CAMBODIA (KHMER) – RIEL

4103.0000

CAMEROON – CFA FRANC

567.7900

CANADA – DOLLAR

1.2550

CAPE VERDE – ESCUDO

92.0260

CAYMAN ISLANDS – DOLLAR

0.8200

CENTRAL AFRICAN REPUBLIC – CFA FRANC

567.7900

CHAD – CFA FRANC

567.7900

CHILE – PESO

614.2300

CHINA – RENMINBI

6.5040

COLOMBIA – PESO

2981.7900

COMOROS – FRANC

411.0000

CONGO – CFA FRANC

567.7900

CONGO, DEM. REP – CONGOLESE FRANC

1580.0000

COSTA RICA – COLON

564.0000

COTE D’IVOIRE – CFA FRANC

562.3300

CROATIA – KUNA

6.2300

CUBA – PESO

1.0000

CYPRUS – EURO

0.8330

CZECH REPUBLIC – KORUNA

20.8840

DENMARK – KRONE

6.2070

DJIBOUTI – FRANC

177.0000

DOMINICAN REPUBLIC – PESO

48.1100

ECAUDOR – DOLARES

1.0000

EGYPT – POUND

17.7300

EL SALVADOR – DOLARES

1.0000

EQUATORIAL GUINEA – CFA FRANC

567.7900

ERITREA – NAKFA

15.0000

ESTONIA – EURO

0.8330

ETHIOPIA – BIRR

27.2000

EURO ZONE – EURO

0.8330

FIJI – DOLLAR

2.0170

FINLAND – EURO

0.8330

FRANCE – EURO

0.8330

GABON – CFA FRANC

567.7900

GAMBIA – DALASI

47.0000

GEORGIA – LARI

2.6100

GERMANY FRG – EURO

0.8330

GHANA – CEDI

4.5200

GREECE – EURO

0.8330

GRENADA – EAST CARIBBEAN DOLLAR

2.7000

GUATEMALA – QUENTZAL

7.3300

GUINEA – FRANC

9004.0000

GUINEA BISSAU – CFA FRANC

562.3300

GUYANA – DOLLAR

215.0000

HAITI – GOURDE

62.9500

HONDURAS – LEMPIRA

23.5000

HONG KONG – DOLLAR

7.8150

HUNGARY – FORINT

258.4500

ICELAND – KRONA

104.0900

INDIA – RUPEE

63.7500

INDONESIA – RUPIAH

13490.0000

IRAN – RIAL

36057.0000

IRAQ – DINAR

1166.0000

IRELAND – EURO

0.8330

ISRAEL – SHEKEL

3.4710

ITALY – EURO

0.8330

JAMAICA – DOLLAR

128.0000

JAPAN – YEN

112.5500

JERUSALEM – SHEKEL

3.4710

JORDAN – DINAR

0.7080

KAZAKHSTAN – TENGE

331.3100

KENYA – SHILLING

103.2000

KOREA – WON

1065.9301

KUWAIT – DINAR

0.3010

KYRGYZSTAN – SOM

69.0000

LAOS – KIP

8274.0000

LATVIA – EURO

0.8330

LEBANON – POUND

1500.0000

LESOTHO – SOUTH AFRICAN RAND

12.3160

LIBERIA – U.S. DOLLAR

125.1700

LIBYA – DINAR

1.3570

LITHUANIA – LITAS

0.8330

LUXEMBOURG – EURO

0.8330

MACAO – MOP

8.0000

MACEDONIA FYROM – DENAR

51.0700

MADAGASCAR – ARIA

3235.6201

MALAWI – KWACHA

731.0000

MALAYSIA – RINGGIT

4.0440

MALI – CFA FRANC

562.3300

MALTA – EURO

0.8330

MARSHALL ISLANDS – DOLLAR

1.0000

MARTINIQUE – EURO

0.8330

MAURITANIA – OUGUIYA

355.0000

MAURITIUS – RUPEE

33.4000

MEXICO – NEW PESO

19.7040

MICRONESIA – DOLLAR

1.0000

MOLDOVA – LEU

17.0580

MONGOLIA – TUGRIK

2427.3999

MONTENEGRO – EURO

0.8330

MOROCCO – DIRHAM

9.3520

MOZAMBIQUE – METICAL

58.8500

NAMIBIA – DOLLAR

12.3160

NEPAL – RUPEE

102.4000

NETHERLANDS – EURO

0.8330

NETHERLANDS ANTILLES – GUILDER

1.7800

NEW ZEALAND – DOLLAR

1.4050

NICARAGUA – CORDOBA

30.6000

NIGER – CFA FRANC

562.3300

NIGERIA – NAIRA

359.0000

NORWAY – KRONE

8.1960

OMAN – RIAL

0.3850

PAKISTAN – RUPEE

110.4000

PALAU – DOLLAR

1.0000

PANAMA – BALBOA

1.0000

PAPUA NEW GUINEA – KINA

3.1350

PARAGUAY – GUARANI

5574.0000

PERU – NUEVO SOL

3.2360

PHILIPPINES – PESO

49.8490

POLAND – ZLOTY

3.4830

PORTUGAL – EURO

0.8330

QATAR – RIYAL

3.6400

ROMANIA – LEU

3.8800

RUSSIA – RUBLE

57.8450

RWANDA – FRANC

855.0000

SAO TOME & PRINCIPE – DOBRAS

20597.2227

SAUDI ARABIA – RIYAL

3.7500

SENEGAL – CFA FRANC

562.3300

SERBIA – DINAR

101.3300

SEYCHELLES – RUPEE

13.3800

SIERRA LEONE – LEONE

7645.0000

SINGAPORE – DOLLAR

1.3360

SLOVAK REPUBLIC – EURO

0.8330

SLOVENIA – EURO

0.8330

SOLOMON ISLANDS – DOLLAR

7.4910

SOMALI – SHILLING

575.0000

SOUTH AFRICA – RAND

12.3160

SOUTH SUDANESE – POUND

126.0000

SPAIN – EURO

0.8330

SRI LANKA – RUPEE

153.4000

ST LUCIA – EC DOLLAR

2.7000

SUDAN – SUDANESE POUND

9.0000

SURINAME – GUILDER

7.5200

SWAZILAND – LILANGENI

12.3160

SWEDEN – KRONA

8.1930

SWITZERLAND – FRANC

0.9750

SYRIA – POUND

515.0000

TAIWAN – DOLLAR

29.6460

TAJIKISTAN – SOMONI

8.7500

TANZANIA – SHILLING

2235.0000

THAILAND – BAHT

32.6000

TIMOR – LESTE – DILI

1.0000

TOGO – CFA FRANC

562.3300

TONGA – PA’ANGA

2.1140

TRINIDAD & TOBAGO – DOLLAR

6.6300

TUNISIA – DINAR

2.4580

TURKEY – LIRA

3.7880

TURKMENISTAN – MANAT

3.4910

UGANDA – SHILLING

3635.0000

UKRAINE – HRYVNIA

28.1450

UNITED ARAB EMIRATES – DIRHAM

3.6730

UNITED KINGDOM – POUND STERLING

0.7400

URUGUAY – PESO

28.7600

UZBEKISTAN – SOM

8030.0000

VANUATU – VATU

105.0000

VENEZUELA – BOLIVAR

3345.0000

VIETNAM – DONG

22708.0000

WESTERN SAMOA – TALA

2.4400

YEMEN – RIAL

250.5000

ZAMBIA – NEW KWACHA

9.9750

ZAMBIA – KWACHA

5455.0000

ZIMBABWE – DOLLAR

1.0000

US Taxpayers’ Nightmare Continues: FBAR Penalty Inflation Adjustment

As if the FBAR penalties were not frightening enough, Congress has mandated the IRS to adjust the FBAR penalties to account for inflation. As a result, the already complicated and severe system of FBAR penalties became even more complex and ruthless. In this article, I would like provide a general overview of the FBAR penalty inflation adjustment and what it means for noncompliant US taxpayers.

FBAR Penalty Inflation Adjustment: The “Old” FBAR Penalty System

The FBAR penalty system was already complex prior to the 2015 FBAR penalty inflation adjustment. It consisted of three different levels of penalties with various levels of mitigation. The highest level of penalties consisted of criminal penalties. The most dreadful penalty was imposed for the willful failure to file FBAR or retain records of a foreign account while also violating certain other laws – up to $500,000 or 10 years in prison or both.

The next level consisted of civil penalties imposed for the willful failure to file an FBAR – up to $100,000 or 50% of the highest balance of an account, whichever is greater, per violation. It is important to emphasize that the IRS has unilaterally interpreted the word “violation” to mean that a penalty should be imposed on each account per year, potentially going back six years (the FBAR statute of limitations is six years).

The third level of penalties were imposed for the non-willful failure to file an FBAR. The penalties were up to $10,000 per violation per year. It is also important to point out that the subsequent laws and IRS guidance imposed certain limitations on the application of the non-willful FBAR penalties.

Finally, there were also penalties imposed solely on businesses for negligent failure to file an FBAR. These penalties were up to $500 per violation; if, however, there was a pattern of negligence, the negligence penalties could increase ten times up to $50,000 per violation.

FBAR Penalty Inflation Adjustment: Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015

Apparently, the Congress did not believe that these FBAR penalties were sufficiently horrific. Hence, it enacted a law awkwardly named Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (“2015 Inflation Adjustment Act”) to “improve the effectiveness of civil monetary penalties and to maintain their deterrent effect.”

The 2015 Inflation Adjustment Act required federal agencies to do two things: (1) adjust the amounts of civil monetary penalties with an initial “catch-up” adjustment; and (2) make subsequent annual adjustments for inflation. It is important to note that only civil penalties, not criminal, were subject to the inflation adjustment.

While the annual adjustment requirement is fairly clear, the “catch-up” adjustment requires a bit more explanation. In essence, the catch-up adjustment requires a federal agency to adjust the penalty (as it was last originally established by an act of Congress) for inflation from the time of establishment through roughly the November of 2015. In other words, a penalty would be adjusted in one year for all of the inflation that accumulated between the time the statutory penalty was created and the time the 2015 Inflation Adjustment Act was enacted. The adjustment was limited to 2.5 times of the original penalty.

The end result of the penalty adjustment was a massive increase in federal penalties in 2016. For example, one OSHA penalty went up from $70,000 to $124,709.

New System under the FBAR Penalty Inflation Adjustment

Luckily, the FBAR penalties were last revisited by Congress in 2004 and the increase in FBAR penalties, while very large (about 25%), was not as dramatic as some of the other federal penalties. Nevertheless, the FBAR penalty inflation adjustment further complicated the multi-layered system of FBAR penalties.

The key complication came from the fact that the FBAR penalty became dependent on the timing of the IRS penalty assessment, bifurcating the already existing FBAR penalty system (that was broadly described above) into two distinct parts: pre-November 2, 2015 and post-November 2, 2015.

If an FBAR violation occurred on or before November 2, 2015, the old FBAR penalty system applies. This is also true even if the actual IRS assessment of the FBAR penalties for the violation occurred after this date. In other words, the last FBAR violation definitely eligible for the old statutory penalties is the one concerning 2014 FBAR which was due on June 30, 2015. Obviously, FBARs for prior years are also eligible for the same treatment.

If an FBAR violation occurred after November 2, 2015 and the FBAR penalty would be assessed after August 1, 2016, the new system of penalties (i.e. the one after the FBAR penalty inflation adjustment) applies. In other words, all FBAR violations starting 2015 FBAR (which was due on June 30, 2016) are subject to the ever-increasing FBAR civil penalties.

With respect to these post-November 2, 2015 violations, the exact amount of penalties will depend on the timing of the IRS penalty assessment, not when the FBAR violation actually occurred. For example, if the IRS penalty assessment was made after August 1, 2016 but prior to January 15, 2017, then maximum non-willful FBAR penalty per violation will be $12,459 and the maximum willful FBAR penalty per violation will be the greater of $124,588 or 50% of the highest balance of the account.

If, however, the penalty was assessed after January 15, 2017 but prior to January 15, 2018, the maximum non-willful FBAR penalty will increase to $12,663 per violation and the maximum civil willful FBAR penalty will be the greater of $126,626 or 50% of the highest balance of the account.

Contact Sherayzen Law Office for Help with Avoiding or Reducing Your FBAR Penalties

Whether you have undisclosed foreign accounts on which the FBAR penalties have not yet been imposed or the IRS has already imposed FBAR penalties for your prior FBAR noncompliance, you should contact Sherayzen Law Office as soon as possible to secure professional help. We have helped hundreds of US taxpayers to reduce and, under certain circumstances, completely eliminate FBAR penalties through properly made voluntary disclosures. We have also helped US taxpayers to fight the already imposed FBAR penalties through appeals to the IRS Office of Appeals as well as in a federal court.

We can help You! Contact Us Today to Schedule Your Confidential Consultation!