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Topic: Undeclared Investments - How to put right?  (Read 2058 times)

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Undeclared Investments - How to put right?
« on: July 11, 2023, 01:27:29 PM »
I'm enquiring on behalf of a family member... Both husband and wife are dual UK US citizens. Born in the UK, lived in USA for 11 years and have been back in UK for over 20 years. Husband dealt with all tax returns etc. He died leaving wife to complete tax return for 2021. She wasn't able to, didn't know how, realised a number of accounts had never been reported and then became ill and no longer had capacity to deal with it. She is now better, but has now missed the deadline for 2022. She needs serious help. The money that was never declared (on the tax return or FBAR) is quite a large sum and she is now like a deer in the headlights, petrified she's going to prison and going to lose everything.

I can only think she needs to start by finding a tax lawyer specialising in expat taxes? Is this correct? She also is extremely reluctant to just choose anyone online as I gather it's quite a serious situation she's in. Does anyone have any recommendations of where she should go for help?

Also, any idea how long before the IRS contact people who have missed tax deadlines? From what I've read, it's a lot worse for her if they contact her before she's done anything to put it right?

Really grateful for any help! She's not very computer literate and doesn't really have anyone to help her.


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Re: Undeclared Investments - How to put right?
« Reply #1 on: July 11, 2023, 01:43:27 PM »
First of all she shouldn’t panic or worry excessively. She has good reasons to have missed a couple of years of IRS returns and FBAR reporting.

Here is a link to an earlier discussion with quite a number of suggestions for tax preparers and she could contact 2 or 3 for help. Hopefully someone else here will chip in with actual experience. 

https://talk.uk-yankee.com/index.php?topic=97064.0

Dual USC/UKC living in the UK since May 2016


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Re: Undeclared Investments - How to put right?
« Reply #2 on: July 11, 2023, 04:26:38 PM »
Thank you, i'll have a read. Do you know if it's advisable to get a tax lawyer or just an expat tax accountant? I have read online if you have issues with undeclared accounts, potentially a lot of tax that should have been paid but hasn't, it's better to get a tax lawyer involved so you go through the most sensible procedure. It's quite terrifying when you read online about missed deadlines and huge fines, possible prison sentences etc. I think she will just need to make a decision soon and hope for the best.


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Re: Undeclared Investments - How to put right?
« Reply #3 on: July 11, 2023, 04:32:30 PM »
Thank you, i'll have a read. Do you know if it's advisable to get a tax lawyer or just an expat tax accountant? I have read online if you have issues with undeclared accounts, potentially a lot of tax that should have been paid but hasn't, it's better to get a tax lawyer involved so you go through the most sensible procedure. It's quite terrifying when you read online about missed deadlines and huge fines, possible prison sentences etc. I think she will just need to make a decision soon and hope for the best.

I honestly don’t know whether a lawyer would be required. If the undeclared accounts have generated a lot of undeclared income during the years of filing taxes then that may be seen as willful and possible tax evasion. The devil is in the details.
Dual USC/UKC living in the UK since May 2016


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Re: Undeclared Investments - How to put right?
« Reply #4 on: July 12, 2023, 09:31:38 AM »
It may help to say that I am a London based dually US and UK qualified accountant.  Our firm has people with both US CPA and Enrolled Agent qualifications. A lawyer is not required. You are describing something we see frequently, for people with capacity, without capacity and indeed sadly after death.  Our firm will be happy to help. Please feel free to use the "messages" section of this forum if you'd like to get in touch.


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Re: Undeclared Investments - How to put right?
« Reply #5 on: July 12, 2023, 09:43:04 AM »
It may help to say that I am a London based dually US and UK qualified accountant.  Our firm has people with both US CPA and Enrolled Agent qualifications. A lawyer is not required. You are describing something we see frequently, for people with capacity, without capacity and indeed sadly after death.  Our firm will be happy to help. Please feel free to use the "messages" section of this forum if you'd like to get in touch.

I was hoping you would see this.  :)
Dual USC/UKC living in the UK since May 2016


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