Streamlined Procedures - eligibility criteria

The Streamlined Procedures eligibility criteria include the requirement that one must have "failed to report the income from a foreign financial asset and pay tax as required by U.S. law, and may have failed to file an FBAR (FinCEN Form 114, previously Form TD F 90-22.1) with respect to a foreign financial account, and such failures resulted from non-willful conduct." (https://www.irs.gov/Individuals/International-Taxpayers/U-S-Taxpayers-Residing-Outside-the-United-States)

Does this mean that the Procedures are not meant to be used where no tax was due for any of the years for which returns are to be submitted under the Procedures? 

The way I read this, three cases are specified: failure to report income, failure to pay tax, and (non-determinative) failure to file FBARs.  I tick the first and third boxes but not the second, which seems to mean I'm not eligible.  And this would make sense, from the IRS point of view, since it's tax due they're presumably interested in.

So I'm thinking I should forget about Streamlined and go for quiet disclosure.

Views, anyone?

Found the answer, straight from the horse's mouth - posting it in case any future renunciants might be scratching their head over the same question.

Among the various requirements contained in IRC 877 and 877A, individuals who renounced their US citizenship or terminated their long-term resident status for tax purposes after June 3, 2004 are required to certify to the IRS that they have satisfied all federal tax requirements for the 5 years prior to expatriation.  If all federal tax requirements have not been satisfied for the 5 years prior to expatriation, the individual will be subject to the IRC 877 and 877A expatriation tax provisions even if the individual does not meet the monetary thresholds in IRC 877 or 877A.
Individuals who have expatriated should file all tax returns that are due, regardless of whether or not full payment can be made with the return. Depending on an individual’s circumstances, a taxpayer filing late may qualify for a payment plan. All payment plans require continued compliance with all filing and payment responsibilities after the plan is approved.
For more detailed information on what to do if you have not filed your required federal income tax returns, refer to Filing Past Due Tax Returns.

https://www.irs.gov/Individuals/International-Taxpayers/Expatriation-Tax

And the "Filing Past Due Tax Returns" page says:

File all tax returns that are due, regardless of whether or not you can pay in full. File your past due return the same way and to the same location where you would file an on-time return.

https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Filing-Past-Due-Tax-Returns

The criteria for streamlined procedures have been commented on exhaustively by various US legal commentators.  Using quiet disclosure today is generally perceived as higher risk than offshore streamlined; but as individual facts will vary it is normally prudent to engage a US qualified lawyer if the risk seems higher.

The criteria for streamlined procedures have been commented on exhaustively by various US legal commentators.

I'd be interested in reading the comments if you have any (non-subscription) links you want to share.

Using quiet disclosure today is generally perceived as higher risk than offshore streamlined;

The Streamlined Procedures risk that I was most concerned about was having to swear under penalty of perjury that I fit the criteria.  Not that I think the IRS would be likely to waste its time and money pursuing small fry like me for perjury but I prefer to keep on the right side of the law.

The risks of quiet disclosure are obviously not to be sneezed at, for a taxpayer who's trying to get uptodate and hoping the IRS just won't notice the late filing, but it seems to me that for an expatriating individual those risks don't apply.  Presumably the reason the IRS actually want an expatriating individual to use quiet disclosure is because there's nothing quiet about it: everything's almost certainly going to be carefully scrutinized once 8833 is filed.

Only speaking from my own perspective of course.

...everything's almost certainly going to be carefully scrutinized once 8833 is filed.

8854 I should have said.

Hi,

Do you know any good firms that can help with this and what are the costs for it?

asking about London based advisory

Hi - I just replied to your thread enquiring about this.

I didn't use a tax preparer for my returns.  After much digging and questioning, and much extremely useful help from posters here and in other forums, I realised my situation is simple enough for me to do myself.   So I can't recommend anyone from personal experience.  Good luck finding an advisor who suits your needs.