kingdragonfly:BlinkyBill:
I guess we’re of-topic here, but it is not correct to say all US passport holders need to file tax returns.
My daughter is a US citizen but lives in NZ, she does not meet any of the requirements necessary for lodging a tax return and so does not do so.
I believe there is a bi-lateral tax agreement between NZ and US which balances taxation between both countries. Not saying this agreement makes obviates the need to file US tax returns, but does mean appropriate tax is payable only.
This is a complex area and I am far from an expert, but the nightmare scenario you outline is probably not correct.
Seriously even though she makes no US income, or even ever did, I'd STRONGLY advise you post a message in an ex-pat forum (not here)
FBAR is separate from the IRS, and they have very scary penalties also.
"What happens if you don’t file an FBAR?
Willful failure to file an FBAR is a felony punishable by 5 years in prison. If that doesn’t get your intention, the civil penalties certainly will.
While few people are actually prosecuted criminally, the IRS does routinely impose the civil penalties for willful failure to file FBAR. The penalties for a willful violation are the greater of $124,588 or 50% of the account value at the time of the violation. Although the IRS can look back 8 years, often the IRS will impose a penalty for just 1 year.
The IRS believes that if you failed to file an FBAR and you or your tax preparer checked the “no” box on the Schedule B question asking about foreign accounts, your actions were “willful.” Non-willful violations are subject to penalties up to $12,459 per account per year."
Sure, but you said “All US passport holders” and many US passport holders don’t need to. I paid nearly $7k USD to receive the advice I was provided with.
Just looked it up and only need to file an FBAR if the total value in overseas to US accounts is greater than US$10k.


