For those taxpayers who may still be on the fence about whether to voluntarily disclose offshore assets, the time to decide is now! The Internal Revenue Service (IRS) has announced that the 2014 Offshore Voluntary Disclosure Program (OVDP) will close on September 28, 2018.
The IRS Large Business and International division (LB&I) is rolling out a series of campaigns focused on specific compliance issues. The division analyzed extensive data as well as suggestions from IRS compliance employees and the tax community to improve large business compliance activities.
The Treasury Department's Financial Crimes Enforcement Network (FinCEN) has issued an advisory alert for financial institutions concerning the potential flow of money from Venezuela to the United States due to political instability surrounding widespread corruption in the South American nation.
On June 1, 2017, U.S. Ambassador Margaret Ann Uyehara and Montenegrin Finance Minister Darko Radunovic signed an Intergovernmental Agreement (IGA) to combat offshore tax evasion by implementing the provisions of the Foreign Account Tax Compliance Act (FATCA). Banks from Montenegro will be able to share information about financial accounts of U.S. citizens with the IRS.
The IRS remains committed to stopping the use of offshore accounts to hide money or assets, and has kept the act on its 2017 "Dirty Dozen" list of tax scams. "Offshore compliance remains a top IRS priority," said IRS Commissioner John Koskinen. "The IRS receives more foreign account information each year, making it harder to hide income offshore."
Seven years, 100,000 taxpayers and over $10 billion in taxes, interest, and penalties paid, and the IRS' offshore voluntary compliance efforts are still going strong.
Former intelligence agent Werner Mauss is the latest celebrity under scrutiny for allegedly evading taxes from profits on offshore accounts. Mr. Mauss says the accounts were opened by intelligence agencies to fund covert operations worldwide, including averting a mafia poisoning attempt against a Pope, and operations involving hostage releases. Mr. Mauss is a mystery. He has several aliases and is a self-proclaimed master spy. He is believed to have worked extensively under cover for Germany's BND intelligence service as well as for other governments. Mr. Mauss' lawyers identify the client confidences Mr. Mauss must maintain and other problems with standard litigation given the secret nature of Mr. Mauss' work and identity. For more information, click here.
The Internal Revenue Service (IRS) may begin ramping up its investigation of offshore account compliance soon, based on recommendations from the Treasury Inspector General for Tax Administration (TIGTA). TIGTA recently released its final report on the IRS' offshore voluntary disclosure programs (OVDPs) after analyzing a stratified random sample of 100 taxpayers from a population of 3,182 requests to participate in the OVDP that were ultimately denied or withdrawn. Twenty-nine of these should likely have been subject to FBAR penalties, but the IRS did not pursue compliance actions. TIGTA projected a potential $21.6 million in delinquent FBAR penalties that the IRS could have assessed and collected.
The US Department of Justice recently determined that the Singapore affiliate of UBS (UBS AG) "has complied with an Internal Revenue Service (IRS) summons for bank records" related to a taxpayer whose liabilities are at issue. The international financial institution refused to produce the records when first served the summons. After a petition was filed to enforce the summons formally, UBS and the IRS resolved the matter amicably and the petition was voluntarily dismissed.
The Panama Papers leak has led President Obama to urge Congress to take action now against corruption and illegal financial activity. This recent, large-scale information leak has made it impossible for the government to ignore the less positive aspect of shell companies, which in theory protect the market from speculative price gouging when companies prepare to make big moves on the market, but which also have been used to hide the illegal activities of less honest beneficiaries.