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Topic: FBAR reporting requirements  (Read 2568 times)

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FBAR reporting requirements
« on: January 23, 2012, 05:40:42 PM »
There seems to be some disagreement with sources that I have spoken to  re:  the requirement for a UK defined benefit pension plan (a final salary scheme) to be listed on the FBAR or not.  Has anyone had any advice from other professionals in regards to this matter?     


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Re: FBAR reporting requirements
« Reply #1 on: January 23, 2012, 06:07:55 PM »
I’m not a professional, but my understanding is, after reading the instructions on the revised FBAR, that work place and none work place pensions is reportable. The old age pension (OAP) is not however.


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Re: FBAR reporting requirements
« Reply #2 on: January 23, 2012, 07:13:23 PM »
This is an area of much debate, but I've read opinions where UK personal pensions must be reported as they are similar to US 401ks where the beneficiary can direct how the pension is invested by buying and selling various funds, but traditional defined benefit schemes are not reportable.


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Re: FBAR reporting requirements
« Reply #3 on: January 24, 2012, 06:29:46 PM »
Here is the most definitive take on this subject to date that I could find. I've got a phone call into the FBAR Help Desk on this subject.
http://tinyurl.com/7aoz8uj
Their take: "No Blanket Exemption for Pension Plans and Welfare Benefit Plans. The government declined to grant a blanket exemption from FBAR reporting requirements for pension plans and welfare benefit plans".
I hope this helps...
PS: Until there is clarification on this subject and because of the horrendous penalties my tendency is to include everything. My previous position on this subject was that if you could withdraw funds from the pension that would tip the scale towards reporting. But who knows after reading this stuff?
Theodore Kleinman CPA
195 Scenic Ridge Ct
Redmond OR 97756-7417
(541) 923-0903
(503) 296-2603 (f)
www.ustaxhelp.com
Skype: ustaxhelp2871


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Re: FBAR reporting requirements
« Reply #4 on: January 24, 2012, 07:16:53 PM »
Most individuals these days believe that all such plans should be reported on an FBAR.

So a stakeholder plan, a SIPP, a Group Person Pension, a personal pension, an old retirement annuity contract, an executive pension plan, a final salaary scheme etc etc would all reportable annually.

The FBAR Regs are annoyingly unclear on this, but they do discuss reporting interests in foreign trusts and arguably all such pension plans would be foreign trusts (govenment plaans especially unfunded ones are arguably different).


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Re: FBAR reporting requirements
« Reply #5 on: January 25, 2012, 06:26:58 PM »
Interestingly, I have an email from a well known accounting firm in London specializing in US tax advice etc.  They have said that the occupational pension plan to include AVC's associated with the plan are not reportable on the FBAR.  I can understand the final salary portion (as it has unknown value until the actuaries work out the numbers when you decide to take it) but the AVC's I would think are reportable.  Not taxable under article 18 but possibly still reportable.  Only the Shadow knows, I guess.


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Re: FBAR reporting requirements
« Reply #6 on: February 01, 2012, 10:58:09 PM »
Oof, this is all really confusing. I've got a civil service (career average) pension and I haven't been reporting it on FBAR because my research a couple of years ago seemed to indicate that that type of pension didn't need to be reported. And it seems like the jury is still out based on the comments here. But even if I were to start reporting it, would I need to go back and amend previous FBAR filings? That just seems like a ridiculous amount of work for something that may not be necessary. Is there any way to get more concrete rules on what exactly needs to be reported? Would calling the FBAR number actually help?


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Re: FBAR reporting requirements
« Reply #7 on: February 02, 2012, 01:09:21 AM »
I would email them. At least you will have a paper trail with the name of the person, time, date etc. Should there be questions raised at a later date on what you did or did not do, you have evidence to support your actions.


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