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Topic: OMG, where do I begin? Need to back file...  (Read 1050 times)

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OMG, where do I begin? Need to back file...
« on: September 18, 2011, 03:52:42 PM »
I married an Englishman and have lived in the UK for some time, and I never knew I had to file US tax returns. I know, what an idiot.

More than half of my married life has been spent shuttling back and forth to NJ to first care for my ailing father, then help my widowed mother. I spent more time in the UK than the USA, but it might be something like 60/40 if I work it out.

I also have the luck/bad luck to have saved and have more than 10K in the bank.

How in the world to I begin to choose a CPA or attorney to help unravel this????

Any advice would be much appreciated.......

added: I hopefully won't anytime soon, but will inherit a house and some money from my mother - I'm sure this will muddy the waters!
« Last Edit: September 18, 2011, 04:10:24 PM by Sally4th »


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Re: OMG, where do I begin? Need to back file...
« Reply #1 on: September 18, 2011, 04:11:46 PM »
Considering that the US is the only country in the world that taxes its non-resident citizens on worldwide income, it is no surprise that so many US expats are unaware of their tax filing obligations. You are far from alone.

Since you spent so much time in the US, you may not qualify for the Foreign Earned Income Exclusion - this depends on the facts. As it happens, for most UK residents and tax payers, it is not really so necessary to claim the FEIE anyway, as Foreign Tax Credits should reduce your US tax to nil, assuming everything is straight forward (there are some incomes that are tax-free in the UK, but taxable in the US, eg ISA/SIPP interest and capital gains). Depending on the amounts, personal allowances can often take care of these. The fine on late tax return filing is limited to the tax due, so if there is no tax due, there will be no fines or late filing penalties.

Many people, especially those who have children, are actually entitled to a refund (tax credits).

The issue of you having more than $10,000 is slightly more problematic, as there is no automatic right to have penalties abated if no tax is due, although the IRS did promise not to impose penalties for those filing late FBARs by September 9th, (if no tax due), this date has now passed. Nevertheless, it is doubtful that the IRS are going to try and impose penalties in cases of no tax lost, and if they do, there is a strong case for challenging them.

My advise to you is: don't panic, get professional advice, and sort out this issue as soon as possible. Then forget about taxes until next year.

With regards

Andrew
US Enrolled Agent and Certifying Acceptance Agent in Manchester
Contact me at info@americantax.co.uk or 0161 408 5613


IRS CIRCULAR 230 NOTICE:
To ensure compliance with requirements imposed by the United States Internal Revenue Service, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing or recommending to another party any transaction or matter addressed h


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Re: OMG, where do I begin? Need to back file...
« Reply #2 on: September 18, 2011, 08:34:53 PM »
I suggest that you start by calling on of the many firms listed by the US embassy:

http://photos.state.gov/libraries/unitedkingdom/164203/cons-acs/tax_preparation_services.pdf

You need an opinion on:

1. How many years to file tax returns and FBARS
2. How to deliver the package of paperwork to the US government.




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Re: OMG, where do I begin? Need to back file...
« Reply #3 on: September 18, 2011, 09:39:22 PM »
although the IRS did promise not to impose penalties

An honest question: Do you believe the IRS was sufficiently chastised by TAS (June 2011) over its tactics on the OVDP programme, and a repeat revocation of a 'promise' will not happen again?

An honest question, but admittedly more than likely unanswerable.


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Re: OMG, where do I begin? Need to back file...
« Reply #4 on: September 18, 2011, 10:02:57 PM »
If it's any consolation, you are not alone - there are large numbers of US expatriates caught up in this. All credit to the Canadian government for trying to do something about it:

http://www.theglobeandmail.com/report-on-business/flaherty-slams-irs-over-cross-border-tax-crackdown/article2169050/


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