Arguments for filing Schedule B:
From instructions, Schedule B:
Use Schedule B if any of the following applies......
• You had a financial interest in, or signature authority ….. over, a financial account in a foreign country……….
Part III of the schedule has questions about foreign accounts and trusts.
From Schedule B, Part III (the actual form):
You must complete this part if you (a) had over $1,500 of taxable interest or ordinary dividends; (b) had a foreign account; or (c)…..
Arguments offered for not filing Schedule B:
From instructions, Schedule B, Part III:
Exceptions. Check the “No” box if any of the following applies to you.
• The combined value of the accounts was $10,000 or less during the whole year.
Riddle: How can you check ‘no’ on line 7a (and follow the instructions) unless you file the form as requested, or are you required to file the 1st form (that is normally not required if interest is under $1,500) due to an information request on the form pertaining to a 2nd non-tax return form for which you will only declare on the 1st form that you are not required to file the 2nd non-tax reporting form, and you would only discover the need to respond about the 2nd form if you were required to file the 1st form?
My uninformed, amateur’s opinion:
The topic relates to FBAR reporting (and the potential for evading income reporting), not to income declared correctly in Parts I and II (the primary purpose of the form). Interest must be reported (gross) on Form 1040, line 8a, whether Schedule B is filed or not. Since Congress demands the taxation of foreign bank accounts, then the instructions should be clear. If for any reason foreign account holders can ignore the information request in Part III, the instructions should (would) be stated clearly. The instructions say to complete Part III by ticking the ‘no’ box (if under $10,000). If the instructions aren’t clear, then the Schedule B forms filed covering the ‘just in case’ circumstances related to the FBAR (and penalties for an incomplete return) should be tolerated. I’ve read of (UBS) court cases in which the clarity/prominence of Part III was argued.
Or, the whole thing may be a storm in a tea cup since you’re not required to file an FBAR. Are (a) and (b) on Part III instructions (the actual form) combined requirements or are they separate requirements? For what it’s worth, I’ve always thought (a) and (b) should be read as independent requirements. But I have to file the whole thing anyway. If Congress wants the IRS to enforce reporting, it should provide the IRS with sufficient funding to employ ‘form composers’ able to write concise instructions. It’s your return, and your signature. And, you still haven’t found a straight answer.