This webinar will identify and explain the many required foreign reporting obligations, best practices for avoiding penalties, and how to resolve past noncompliance for trusts and estates. This webinar is for tax preparers, fiduciaries, and other professionals working with trusts and estates.
The government assesses and collects FBAR liability and penalties from beneficiaries and executors after a decedent's date of death and after assets are distributed. In United States v. Park, No. 16 C 10787 (N.D. Ill. May. 24, 2019), for example, the penalty assessed was over $3.5 million. Executors and tax professionals must include determining a taxpayer's compliance with foreign reporting obligations as a necessary step when reviewing, settling, or reporting a decedent's estate.
The penalty for non-willful FBAR violations is $10,000; this can be waived for reasonable cause. Willful non-filing, however, can result in penalties of $100,000 or 50% of the account balance, whichever is larger, as assessed in U.S. v. Park. Advisers must be able to identify and distinguish between a potentially willful or non-willful violation to accurately advise clients.
Form 1040, Schedule B, asks: "During 2019, did you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust? If 'Yes,' you may have to file Form 3520. See instructions."
In addition to the FBAR, Form 3520 must be filed when a person receives a gift, inheritance, or distribution from a trust established by a foreign entity or individual. In addition to the 3520, owners of foreign trusts must file Forms 8938 and the FBAR. The trust itself must annually file for 3520-A, Annual Information Return of Foreign Trust With a U.S. Owner. Parts II and III of the form require reporting a complete set of books for the entity, an income statement, and a balance sheet.
Listen as our panel of experts discusses identifying trusts and estates with foreign reporting obligations, reviews the current government initiative to assess penalties, explains the completion of required forms and outlines best practices for bringing taxpayers into compliance.
The panel will discuss these and other critical issues:
The government assesses and collects FBAR liability and penalties from beneficiaries and executors after a decedent's date of death and after assets are distributed. In United States v. Park, No. 16 C 10787 (N.D. Ill. May. 24, 2019), for example, the penalty assessed was over $3.5 million. Executors and tax professionals must include determining a taxpayer's compliance with foreign reporting obligations as a necessary step when reviewing, settling, or reporting a decedent's estate.
The penalty for non-willful FBAR violations is $10,000; this can be waived for reasonable cause. Willful non-filing, however, can result in penalties of $100,000 or 50% of the account balance, whichever is larger, as assessed in U.S. v. Park. Advisers must be able to identify and distinguish between a potentially willful or non-willful violation to accurately advise clients.
Form 1040, Schedule B, asks: "During 2019, did you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust? If 'Yes,' you may have to file Form 3520. See instructions."
In addition to the FBAR, Form 3520 must be filed when a person receives a gift, inheritance, or distribution from a trust established by a foreign entity or individual. In addition to the 3520, owners of foreign trusts must file Forms 8938 and the FBAR. The trust itself must annually file for 3520-A, Annual Information Return of Foreign Trust With a U.S. Owner. Parts II and III of the form require reporting a complete set of books for the entity, an income statement, and a balance sheet.
Listen as our panel of experts discusses identifying trusts and estates with foreign reporting obligations, reviews the current government initiative to assess penalties, explains the completion of required forms and outlines best practices for bringing taxpayers into compliance.
The panel will discuss these and other critical issues:
Patrick J McCormick
Patrick J McCormick is a partner with Culhane Meadows, a United States law firm with prominent experience and specialty in the international realm. Patrick practices exclusively in the area of international taxation; he has extensive experience in handling complex tax planning, structuring, and compliance issues for foreign businesses with United States operations, United States businesses with foreign operations, and individual taxpayers with international ties. He regularly works conjunctively with advisors both in the United States and abroad to assist with international tax issues faced by their clients.Patrick is a prolific contributor to a multitude of tax journals and legal publications, …
New Form I-9: Documents and Policies that Ensure ICE I-9 Co…
Claude AI For CPAs & Finance Professionals: Best Practices …
Secrets Of Psychology - Why People Do The Things They Do
2-Hour Virtual Seminar on How to Conduct an Internal Harass…
Project Management For Administrative Professionals
Onboarding is NOT Orientation - How to Improve the New Empl…
Elevate Your Workplace Wellness: 10 Critical Wellness Facto…
Managing Complex Projects - Project Management
Utilizing HR Metrics to Illustrate & Improve Human Resource…
Negotiating Skills For Professional Results - Winning Strat…
NEW Nacha Rule - Third-Party Sender (TPS) Roles and Respons…
Paying and Receiving Payments for Referrals: You Can Go to …
FDA Technology Modernization Action Plan (TMAP) and Impact …
Human Factors Usability Studies Following ISO 62366 and FDA…
Construction Lending And Real Credit Administration: Evalua…
Validation Statistics for Non-Statisticians
Thriving in a Hybrid Workplace: Keys to Leadership and Team…
Excel Power Skills: Master Functions, Formulas, and Macros …
Batch Record Review and Product Release
Discover how Emotional Intelligence turns AI from a technic…
Copilot and HR: An Introduction for HR Professionals
ChatGPT for HR - Build HR Policy Framework and Strategy
Female to Female Hostility @Workplace: All you Need to Know