Is it possible to submit to the IRS using the streamlined filing compliance procedures and have it rejected?

2022-07-28 19:12:21

Understanding the Streamlined Filing Compliance Procedures (SFCP) and its Repercussions: An In-depth Look at the Jones Case

1. Introduction: The Relevance of SFCP for U.S. Taxpayers

The vast world of international finance is filled with complexities. U.S. taxpayers, encompassing both citizens and residents, who engage in international transactions, maintain foreign financial accounts, or have stakes in foreign entities, are under the federal tax law's umbrella. They are obligated to report these engagements, and any dereliction in this duty can lead to substantial civil fines. Recognizing the challenges and inadvertent errors some taxpayers might make, the IRS introduced the Streamlined Filing Compliance Procedures (SFCP). This initiative acts as a limited amnesty, enabling certain qualifying taxpayers to amend their lapses and return to compliance with reduced civil penalty implications.

However, the pathway to avail of SFCP's benefits is fraught with nuances. Not everyone can hop on this amnesty train. For instance, taxpayers who consciously avoid submitting foreign information or evade paying taxes on overseas income are left out. And, even if a taxpayer fits the SFCP criteria, their application can be derailed if the IRS spots a significant omission. Given that the SFCP offers an attractive route to evade larger penalties, the IRS is especially vigilant, frequently scrutinizing submissions. The Jones v. U.S. case provides a window into the challenges and potential pitfalls in this journey to compliance.

2. The Criticality of FBARs in the Compliance Landscape

In the labyrinth of international finance reporting, the Foreign Bank and Financial Accounts Report (FBAR) stands out as a cardinal element. As dictated by the Bank Secrecy Act (BSA), U.S. citizens have the responsibility to file FBARs if, at any moment during a tax year, the cumulative balance of their foreign accounts surpasses $10,000.

But, merely filing isn't enough; accuracy and timeliness are paramount. Any lapses, be it delay or misreporting, can culminate in civil penalties. The weight of these penalties hinges on the nature of the violation. Was it an intentional oversight, or was it an honest mistake? Here, the Jones case exemplifies the often-blurred line between willful and non-willful conduct.

Intentional missteps can be costly. The BSA grants the IRS the authority to slap penalties that can be as staggering as 50% of the account balances at the violation's moment. Moreover, this penalty can recur annually, save for the FBAR penalty's statute of limitations. Conversely, if the taxpayer's actions are adjudged as non-willful, the fines are relatively lighter, around $10,000 per infringement. However, even within this "non-willful" domain, there's ambiguity. Different federal courts interpret "violation" differently, some seeing it as per late account disclosure while others view it as per year or per FBAR form. The Bittner case, currently under the Supreme Court's lens, promises clarity on this topic.

3. Dissecting the Jones Case: A Tale of Compliance, Oversight, and Legal Intricacies

3.1 Background

Mr. and Mrs. Jones, originally from New Zealand and Canada respectively, were not academic powerhouses in accounting or U.S. tax laws. Despite being American citizens since 1969, their engagements with eleven international accounts during 2011 and 2012 were riddled with errors. These missteps ranged from not reporting significant foreign income to failing to file FBARs and even inaccurately indicating their lack of foreign account interests on their tax forms.

3.2 The SFCP Attempt

The aftermath of Mr. Jones's passing in 2013 brought these lapses to light for Mrs. Jones. Seeking to rectify these, and under legal counsel, she made several submissions, including an FBAR for 2012 and revised tax forms for both 2011 and 2012. A subsequent SFCP submission to the IRS, which encapsulated amended tax returns, FBARs for the period 2008-2013, a non-willful narrative, and penalty payment, was unfortunately incomplete. It overlooked Mr. Jones's individual New Zealand accounts, which set the stage for an IRS inspection.

3.3 The Court's Perspective

The court, in Jones v. U.S., delved deep into the broad interpretation of "willfulness" within the BSA's context. The crux was whether actions stemming from a lack of knowledge or negligence could be labeled as willful. Drawing from various observations, the court identified elements that both supported and countered the willfulness claim against the Jones. Given the convoluted nature of evidence, the court called for a full-fledged trial to arrive at a conclusive judgment.

4. Conclusion: Navigating the Compliance Tightrope

The Jones case serves as a clarion call for U.S. taxpayers. It underscores the intense scrutiny that SFCP submissions undergo and the repercussions of not adhering strictly to the requirements. It's a reminder that while SFCP offers a path to rectification, this path is not devoid of obstacles. For any taxpayer contemplating utilizing this procedure, a deep understanding of the program, especially differentiating between willful and non-willful violations, is paramount. Failing to grasp these intricacies can lead not only to amplified penalties but also a drawn-out, expensive IRS audit post-submission.

Ben Sussmimi