I dropped the ball on this one.
Client sold property in foreign country in 2019 and reported sale on 2019 US Tax return.
When I originally asked client about the funds from the sale, he said funds would be transferred directly from foreign escrow account to US Bank account.
Now in 2020 I asked him about foreign bank accounts and he said he had a few hundred dollars left in the foreign bank account after transferring out the funds from the sale. Sales proceeds were deposited into his foreign bank account which he controls (not an escrow account) and immediately transferred to US Bank account.
I was stuuned when he told me this as I did not report the foreign bank account on 2019 return.
What are my options?
Consult attorney?
Report it now before IRS sends notice?
Is this an option?
Delinquent FBAR Submission Procedures
Taxpayers who do not need to use either the IRS Criminal Investigation Voluntary Disclosure Practice or the Streamlined Filing Compliance Procedures to file delinquent or amended tax returns to report and pay additional tax, but who:
• have not filed a required Report of Foreign Bank and Financial Accounts (FBAR) (FinCEN Form 114, previously Form TD F 90-22.1),
• are not under a civil examination or a criminal investigation by the IRS, and
• have not already been contacted by the IRS about the delinquent FBARs
should file the delinquent FBARs according to the FBAR instructions.
Follow these steps to resolve delinquent FBARS
• Review the instructions
• Include a statement explaining why you are filing the FBARs late
• File all FBARs electronically at FinCEN
• On the cover page of the electronic form, select a reason for filing late
• If you are unable to file electronically, contact FinCEN's Regulatory Help line at 1-800-949-2732 or 1-703-905-3975 (if calling from outside the United States) to determine possible alternatives to electronic filing.
The IRS will not impose a penalty for the failure to file the delinquent FBARs if you properly reported on your U.S. tax returns, and paid all tax on, the income from the foreign financial accounts reported on the delinquent FBARs, and you have not previously been contacted regarding an income tax examination or a request for delinquent returns for the years for which the delinquent FBARs are submitted.
FBARs will not be automatically subject to audit but may be selected for audit through the existing audit selection processes that are in place for any tax or information returns.