Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

The Offshore Voluntary Disclosure Program Is Closing

Author: James F. McDonough

Date: May 15, 2018

Key Contacts

Back

Offshore Voluntary Disclosure Program Is Closing Down And Then IRS IS Coming After Holders of Undisclosed Offshore Accounts

The Offshore Voluntary Disclosure Program (OVDP) closes September 28, 2018 and account holders that fail to disclose offshore accounts will be investigated by IRS and DOJ. What is surprising is that the public underestimates the efforts of our government to assemble data and the amount of usable information it now has in its hands. Consider the following story.

The Offshore Voluntary Disclosure Program Is Closing
Photo courtesy of Pepi Stojanovski (Unsplash.com)

There is an organized group in France called “Accidental Americans” comprised of 10,000 or more individuals who acquired U.S. citizenship, typically by being born in the U.S., who left America and live in France. One individual was born in California while his French father was on assignment. His family returned to France when he was four months old and he never returned to the US and he does not speak English. He has never had a U.S. social security number, is of modest means, has no U.S. assets and pays tax in France as a citizen. Because the U.S. taxes citizens on a worldwide basis, this individual has unfiled tax returns for many years and may or may not owe taxes. He is not alone. The IRS dragnet has identified all of these persons. To be fair, it is impossible to tell a tax cheat from an Accidental American on a computer screen without some inquiry. Why does this matter at all you ask?

French citizens are being denied or limited in their banking privileges because these Accidental Americans are identified by IRS as targets. A sovereign country, France, is bending to the IRS and France is not alone. French banks are reluctant to be viewed as non-cooperative in this era of Tax Information Exchange Agreements (TIEAs) and FACTA. The consequences for a French bank being denied access to the US or international banking and settlement networks would be catastrophic. It was not long ago that the Swiss banks, the bastion of secrecy, turned over volumes of information on US account holders when faced with DOJ subpoenas. There have been criminal prosecutions of bankers and account holders. Finally, there is FACTA. For those who are unaware, FACTA requires foreign banks and financial institutions to identify their customers in a manner that eliminates undisclosed accounts. A failure to observe these rules prevents the company from doing business.

If DOJ and IRS can identify Accidental Americans, what do people think will happen with all of the information turned over the government on the holders of foreign accounts.   Some foreign banks and financial institutions have closed accounts of U.S. persons and turn away new business because they do not want any involvement with DOJ and IRS.

The IRS will take the personnel devoted to OVDP and the massive amounts of acquired data and begin issuing subpoenas to account holders who have not disclosed. Given that the penalties are not just monetary but also criminal, persons with undisclosed foreign accounts and assets would be wise to come forward. There are no rocks left to hide under after September 28th.

If you have any questions, please contact us

If you have questions or if you would like to discuss the matter further, please contact me, James McDonough, or the Scarinci Hollenbeck attorney with whom you work at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"
Monmouth County's Next Development Wave: What Developers and Investors Need to Know post image

Monmouth County's Next Development Wave: What Developers and Investors Need to Know

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]

Author: Donald M. Pepe

Link to post with title - "Monmouth County's Next Development Wave: What Developers and Investors Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!