31 thoughts on “Larry Lipsher speech on FATCA (citizenship-based tax) at Hong Kong FCC”
I believe that Larry Lipsher has found his long lost twin in Lewis Black:
@ just me and others…. why do we have so little about TAS here ? Why is nobody sharing their experiences with them currently…..I would love to know if and how they were helpful with mitigations regarding FBAR penalties and fighting for you regarding your reasonable cause arguments and settling your case in an acceptable manner, did they replace the need for expensive legal advise in some cases etc…??
@Mike Tarrantes, I called them to see if there was another way than OVDI to come into compliance.
Their answer was no. They also said that they can’t help until we’re actually in trouble i.e we opt out and are asserted penalties we find unjust.
And with regards to paths to compliance, when I said that there is no way I would do OVDI, they offered to connect me with an IRS tax lawyer, who wanted all my personal information, at which point I hung up.
@Mike
I wish I could tell you more about TAS, but aside from our initial contact with them after we learned from the NTA that the IRS duped us into entering OVDI, we haven’t been given reason to contact them again. We were told by our TAS agent that they have eliminated tax penalties under the IRM (first-time abatement) within OVDI. We were instructed to contact them again after we received a response from the IRS. It’s now been nearly 16 months since we entered OVDI, and still no response. As far as I know, not one of our lawyer’s clients have received a response so far. The silence is deafening.
@ all of you …… that is amazing that everybody here is still waiting ….
….They also said that they canโt help until weโre actually in trouble i.e we opt out and are asserted penalties we find unjust…… GOOD to hear that because that is what most of us need them for
I have filled out FORM 911 already 3 month ago with my case description and relief/ assistance request – ready to go if and when my case gets picked up
@ Chris…………….there was another way than OVDI to come into compliance…… YES there are but we need to know the details of your case ( I am sure you found many helpful facts here on IBS already)
…..they offered to connect me with an IRS tax lawyer,….. that is interesting – does that mean the IRS offers free legal advise to Minnows ๐
@Mike
We have a direct line to an agent who’s ready to go for us, that is unless she retires first.
@bubblebustin……We were told by our TAS agent that they have eliminated tax penalties under the IRM (first-time abatement) within OVDI…………… Sorry, but what do you mean …
1) tax penalties are FTF,FTP,FTD
2) FTA is a relief (< 3y rule)
1) and 2) work opposite ways ๐
@ IBS….. looking at the right column under OUR RESOURCES whoever did that over the last couple of years did a great job building a fantastic reference database filled with facts and valuable comments but what I do not understand is why there is no reference to TAS yet.
As @just me and others can attest their involvement is very important and economical.
I think they are the best kept secret here ๐
@ all .. it was my understanding that TAS will step in regardless of OVDI/P or civil audit under VD IRS FS 2011-13. … IRM 20.1.1.3.3.4
1) meeting criteria
2) specifically requesting TAS assistance
@bubblebustin …. that would mean you have a case number.
which would indicate for others here to fill out form 911 today with the above mentioned additions regarding your case and get started. Once you get your form 906 or your examiners final audit findings you only have theoretically 20 days to involve TAS.
@Mike
We have what’s called an ID#. We were as perplexed as you are, but she was adamant about eliminating penalties within OVDI, but unfortunately did not elaborate on how it was being done. She couldn’t/wouldn’t do more until we had a response from the IRS.
“If you have a problem with the IRS and you cannot afford professional tax assistance, you may qualify for help from an LITC if you meet the income guidelines.”
You can call a Low Income Tax Clinic to discuss your tax problem with them ๐ http://www.taxpayeradvocate.irs.gov/Individuals/Low-Income-Taxpayer-Clinics
@bubblebustin …she was adamant about eliminating penalties within OVDI,……
if this were true about eliminating those “tax penalties“, which I honestly cannot believe ,than this would be a new angle to join OVDI/P ๐ but sorry I am pretty sure from reading IRM`s and FAQ that this is not so. I am certainly following your case with even more interest now ๐
@Mike
Believe me, there’s no one more interested in how this develops than me…and we asked her specifically about opting out! I’m starting to get depressed waiting ๐ I heard somewhere along the way that OVDI was treating Canadian submissions differently, but where do the IRS get off in making someone wait this long???
@bubblebustin
I’m particularly curious about the status of those who entered the fall 2011 OVDI in Canada since my sister was one of those people. I’m still waiting for the hammer to fall on her since she and my brother-in-law say they haven’t received any definitive feedback except for the occasional request for additional information. Does this sound about right to you? Was this the same OVDI you went into? I too am wondering just how long it could possibly take to process these cases.
I believe my sister is going to get nailed big-time since she makes a lot of money as a real-estate agent and had never filed FBARS or US tax returns before someone in her little entourage talked her into the OVDI. I’m still convinced this will end badly.
@Deckard1138
I’m sorry to hear that things may not bode well for your sister. She must be under an incredible amount of stress. Yes, I too am in the 2011 OVDI.
I don’t know your sister’s circumstances, but doesn’t reasonable cause play a factor in her never having filed US taxes?
It’s impossible to optimistic at this point, when all I do is fluctuate between anger and depression, unable to move forward. It was bad enough when we thought they would take ‘up to a year’, but this is bordering on sadism.
@ Mike, that is a very good reminder for readers of IBS to read about the Taxpayer Advocate Service – an “independent organization within the IRS”. To clarify for those who have never heard of the TAS, they must uphold IRS and US tax laws, but can assist and advocate on behalf of those who are trying to be compliant, and who meet the criteria for their help – which includes that the taxpayer “specifically requests TAS assistance” among other things. Having a link to the TAS page would be useful. Many readers will not otherwise know about the Taxpayer Advocate Nina Olson and the Taxpayer Advocate services http://www.taxpayeradvocate.irs.gov/Individuals/Get-Tax-Helphttp://www.taxpayeradvocate.irs.gov/About-TAS/Who-We-Are . There was a fair bit of discussion about the TAS, and Nina Olson on previous IBS threads, but not much recently.
See;
” TAS can help if you canโt resolve your problem with the IRS and:
Your problem is causing financial difficulties for you, your family, or your business.
You face (or your business is facing) an immediate threat of adverse action.
You have tried repeatedly to contact the IRS but no one has responded, or the IRS has not responded by the date promised.”
I would also think that it is worth mentioning as a reminder in any written application for help from the TAS, or in conversation with a TAS agent who may not know much about international issues, that the Offshore programs, and issues regarding International taxpayers ‘abroad’ were identified as priorities in the reports by the Taxpayer Advocate Nina Olson.
In particular, under ‘Areas of Focus’; see pg 21 of the report section entitled;
“TAS Will Continue Advocating for American Taxpayers Abroad Who
Are Expressing Fear and Frustration about FBAR, FATCA and Other
International Penalties ”
Depending on the situation, I wonder if the TAS may be able to help some of those minnows stuck in the OVDI to move into the Streamlined program. At this point, the TAS might be able to help those who would meet the Streamlined criteria, to transition from out of the OVDI into the Streamlined, and maybe the TAS agents will know whether the process has been made less onerous than a full opt-out. It is worth a try for those who have already come forward, and are stuck. At the very least, getting a number of those requests underscores for them the need to sift out some of the minnows and the krill who would have had ‘noisy’ options other than OVD if the IRS had produced the December 2011 fact sheet much earlier, and also if some version of the ‘Streamlined Filing Compliance Procedures’ had been introduced before urging everyone to enter into the one-size-fits-all OVD programs.
The phone number for the TAS, as listed on the link below works, but it is in Puerto Rico; http://isaacbrocksociety.ca/2012/01/13/ask-your-questions-about-us-expat-tax-fbar-and-fatca-discussion-thread/comment-page-15/#comment-102318
Usually the IRS 800 numbers do not work from Canada (or other places outside the US). WARNING: calling the International taxpayer office of the TAS, using the 787 Area code – (a Puerto Rico number for their International office) – could be VERY expensive to phone depending on where you are. You could try calling a TAS office located inside the US instead, and asking for someone to call you back, citing the cost of calling to Puerto Rico. Remind them that their 800 numbers do not work outside the US and always ask for an alternate direct phone number. The TAS offices inside the US may or may not be familiar with OVDI or specific international tax issues, but they can refer you on to one of their TAS agents who does.
One of the TAS observations was a chart of how few cases were being resolved in the OVD programs, how backed up they were, and particularly how long it took to address the cases of those (minnows and krill) who shouldn’t have even been in the OVD to begin with. In other words, dealing with those taxpayers Nina Olson described as the ‘benign’ was taking longer (> 500 days?) than with many of the other cases.
There have been indications (ex. in the changes to the FAQs) that the criteria for Streamlined may have become somewhat more flexible than at first.
It may be worth considering contacting the TAS for help.
If nothing else, they are collecting stats and identifying international issues for the next Taxpayer Advocate report to Congress. You can submit an anonymous SAMS complaint about issues. See http://www.taxpayeradvocate.irs.gov/About-TAS/Systemic-Advocacy
I have no special knowledge, and am not giving any tax or other advice here, but just offering a resource to those who haven’t read much earlier IBS threads containing information about Nina Olson and the Taxpayer Advocate Service of the IRS.
Thank you @Badger. The information you’ve provided will be very helpful to many.
Thanks, badger, for bringing forth what was discussed some time ago here at Isaac Brock. Mike, it would be a useful link to compile that info with a link on the sidebar.
That it might end badly for those who honestly did not know of their US reporting responsibilities is abhorrent and absurd. The long waits for the final US OVDI decision, with no avenue to find out status of how things are proceeding, must be called what it is — undue torture.
@Deckard, Mike & all
It appears there may be a break in the log jam in OVDI.
Our lawyer just contacted us and said that the IRS on their own is moving low liability OVDI participants into Streamlined. He’s not sure what they’re doing with those who actually owe tax yet.
The only year we ever owed the IRS any tax was on the sale of our home ๐
@bubblebustin ….. thank you / keep it coming with those updates ๐
I believe that Larry Lipsher has found his long lost twin in Lewis Black:
@ just me and others…. why do we have so little about TAS here ? Why is nobody sharing their experiences with them currently…..I would love to know if and how they were helpful with mitigations regarding FBAR penalties and fighting for you regarding your reasonable cause arguments and settling your case in an acceptable manner, did they replace the need for expensive legal advise in some cases etc…??
@Mike Tarrantes, I called them to see if there was another way than OVDI to come into compliance.
Their answer was no. They also said that they can’t help until we’re actually in trouble i.e we opt out and are asserted penalties we find unjust.
And with regards to paths to compliance, when I said that there is no way I would do OVDI, they offered to connect me with an IRS tax lawyer, who wanted all my personal information, at which point I hung up.
@Mike
I wish I could tell you more about TAS, but aside from our initial contact with them after we learned from the NTA that the IRS duped us into entering OVDI, we haven’t been given reason to contact them again. We were told by our TAS agent that they have eliminated tax penalties under the IRM (first-time abatement) within OVDI. We were instructed to contact them again after we received a response from the IRS. It’s now been nearly 16 months since we entered OVDI, and still no response. As far as I know, not one of our lawyer’s clients have received a response so far. The silence is deafening.
@ all of you …… that is amazing that everybody here is still waiting ….
….They also said that they canโt help until weโre actually in trouble i.e we opt out and are asserted penalties we find unjust…… GOOD to hear that because that is what most of us need them for
I have filled out FORM 911 already 3 month ago with my case description and relief/ assistance request – ready to go if and when my case gets picked up
@ Chris…………….there was another way than OVDI to come into compliance…… YES there are but we need to know the details of your case ( I am sure you found many helpful facts here on IBS already)
…..they offered to connect me with an IRS tax lawyer,….. that is interesting – does that mean the IRS offers free legal advise to Minnows ๐
@Mike
We have a direct line to an agent who’s ready to go for us, that is unless she retires first.
@bubblebustin……We were told by our TAS agent that they have eliminated tax penalties under the IRM (first-time abatement) within OVDI…………… Sorry, but what do you mean …
1) tax penalties are FTF,FTP,FTD
2) FTA is a relief (< 3y rule)
1) and 2) work opposite ways ๐
@ IBS….. looking at the right column under OUR RESOURCES whoever did that over the last couple of years did a great job building a fantastic reference database filled with facts and valuable comments but what I do not understand is why there is no reference to TAS yet.
As @just me and others can attest their involvement is very important and economical.
I think they are the best kept secret here ๐
@ all .. it was my understanding that TAS will step in regardless of OVDI/P or civil audit under VD IRS FS 2011-13. … IRM 20.1.1.3.3.4
1) meeting criteria
2) specifically requesting TAS assistance
@bubblebustin …. that would mean you have a case number.
which would indicate for others here to fill out form 911 today with the above mentioned additions regarding your case and get started. Once you get your form 906 or your examiners final audit findings you only have theoretically 20 days to involve TAS.
@Mike
We have what’s called an ID#. We were as perplexed as you are, but she was adamant about eliminating penalties within OVDI, but unfortunately did not elaborate on how it was being done. She couldn’t/wouldn’t do more until we had a response from the IRS.
“If you have a problem with the IRS and you cannot afford professional tax assistance, you may qualify for help from an LITC if you meet the income guidelines.”
You can call a Low Income Tax Clinic to discuss your tax problem with them ๐
http://www.taxpayeradvocate.irs.gov/Individuals/Low-Income-Taxpayer-Clinics
@bubblebustin …she was adamant about eliminating penalties within OVDI,……
if this were true about eliminating those “tax penalties“, which I honestly cannot believe ,than this would be a new angle to join OVDI/P ๐ but sorry I am pretty sure from reading IRM`s and FAQ that this is not so. I am certainly following your case with even more interest now ๐
@Mike
Believe me, there’s no one more interested in how this develops than me…and we asked her specifically about opting out! I’m starting to get depressed waiting ๐ I heard somewhere along the way that OVDI was treating Canadian submissions differently, but where do the IRS get off in making someone wait this long???
@bubblebustin
I’m particularly curious about the status of those who entered the fall 2011 OVDI in Canada since my sister was one of those people. I’m still waiting for the hammer to fall on her since she and my brother-in-law say they haven’t received any definitive feedback except for the occasional request for additional information. Does this sound about right to you? Was this the same OVDI you went into? I too am wondering just how long it could possibly take to process these cases.
I believe my sister is going to get nailed big-time since she makes a lot of money as a real-estate agent and had never filed FBARS or US tax returns before someone in her little entourage talked her into the OVDI. I’m still convinced this will end badly.
@Deckard1138
I’m sorry to hear that things may not bode well for your sister. She must be under an incredible amount of stress. Yes, I too am in the 2011 OVDI.
I don’t know your sister’s circumstances, but doesn’t reasonable cause play a factor in her never having filed US taxes?
It’s impossible to optimistic at this point, when all I do is fluctuate between anger and depression, unable to move forward. It was bad enough when we thought they would take ‘up to a year’, but this is bordering on sadism.
@ Mike, that is a very good reminder for readers of IBS to read about the Taxpayer Advocate Service – an “independent organization within the IRS”. To clarify for those who have never heard of the TAS, they must uphold IRS and US tax laws, but can assist and advocate on behalf of those who are trying to be compliant, and who meet the criteria for their help – which includes that the taxpayer “specifically requests TAS assistance” among other things. Having a link to the TAS page would be useful. Many readers will not otherwise know about the Taxpayer Advocate Nina Olson and the Taxpayer Advocate services http://www.taxpayeradvocate.irs.gov/Individuals/Get-Tax-Help http://www.taxpayeradvocate.irs.gov/About-TAS/Who-We-Are . There was a fair bit of discussion about the TAS, and Nina Olson on previous IBS threads, but not much recently.
See;
” TAS can help if you canโt resolve your problem with the IRS and:
Your problem is causing financial difficulties for you, your family, or your business.
You face (or your business is facing) an immediate threat of adverse action.
You have tried repeatedly to contact the IRS but no one has responded, or the IRS has not responded by the date promised.”
and, see also;
http://www.taxpayeradvocate.irs.gov//userfiles/file/TAS_change_case_criteria_6_12_12.pdf
I would also think that it is worth mentioning as a reminder in any written application for help from the TAS, or in conversation with a TAS agent who may not know much about international issues, that the Offshore programs, and issues regarding International taxpayers ‘abroad’ were identified as priorities in the reports by the Taxpayer Advocate Nina Olson.
See http://www.taxpayeradvocate.irs.gov/Annual-Reports-To-Congress/FY-2013-Objectives-Report-To-Congress . I would think that would help to rationalize why they should take a case.
In particular, under ‘Areas of Focus’; see pg 21 of the report section entitled;
“TAS Will Continue Advocating for American Taxpayers Abroad Who
Are Expressing Fear and Frustration about FBAR, FATCA and Other
International Penalties ”
Depending on the situation, I wonder if the TAS may be able to help some of those minnows stuck in the OVDI to move into the Streamlined program. At this point, the TAS might be able to help those who would meet the Streamlined criteria, to transition from out of the OVDI into the Streamlined, and maybe the TAS agents will know whether the process has been made less onerous than a full opt-out. It is worth a try for those who have already come forward, and are stuck. At the very least, getting a number of those requests underscores for them the need to sift out some of the minnows and the krill who would have had ‘noisy’ options other than OVD if the IRS had produced the December 2011 fact sheet much earlier, and also if some version of the ‘Streamlined Filing Compliance Procedures’ had been introduced before urging everyone to enter into the one-size-fits-all OVD programs.
The phone number for the TAS, as listed on the link below works, but it is in Puerto Rico; http://isaacbrocksociety.ca/2012/01/13/ask-your-questions-about-us-expat-tax-fbar-and-fatca-discussion-thread/comment-page-15/#comment-102318
Usually the IRS 800 numbers do not work from Canada (or other places outside the US). WARNING: calling the International taxpayer office of the TAS, using the 787 Area code – (a Puerto Rico number for their International office) – could be VERY expensive to phone depending on where you are. You could try calling a TAS office located inside the US instead, and asking for someone to call you back, citing the cost of calling to Puerto Rico. Remind them that their 800 numbers do not work outside the US and always ask for an alternate direct phone number. The TAS offices inside the US may or may not be familiar with OVDI or specific international tax issues, but they can refer you on to one of their TAS agents who does.
Here, Shadow Raider noted that; “You can call a US toll free number from abroad, for free, using Skype, Google Voice or Yahoo Voice (Yahoo may charge 3.5ยข per call, Iโm not sure). Google Voice is also available directly on Gmail.” See his comment at http://isaacbrocksociety.ca/2012/01/13/ask-your-questions-about-us-expat-tax-fbar-and-fatca-discussion-thread/comment-page-15/#comment-102319
One of the TAS observations was a chart of how few cases were being resolved in the OVD programs, how backed up they were, and particularly how long it took to address the cases of those (minnows and krill) who shouldn’t have even been in the OVD to begin with. In other words, dealing with those taxpayers Nina Olson described as the ‘benign’ was taking longer (> 500 days?) than with many of the other cases.
There have been indications (ex. in the changes to the FAQs) that the criteria for Streamlined may have become somewhat more flexible than at first.
It may be worth considering contacting the TAS for help.
If nothing else, they are collecting stats and identifying international issues for the next Taxpayer Advocate report to Congress. You can submit an anonymous SAMS complaint about issues. See http://www.taxpayeradvocate.irs.gov/About-TAS/Systemic-Advocacy
I have no special knowledge, and am not giving any tax or other advice here, but just offering a resource to those who haven’t read much earlier IBS threads containing information about Nina Olson and the Taxpayer Advocate Service of the IRS.
Thank you @Badger. The information you’ve provided will be very helpful to many.
Thanks, badger, for bringing forth what was discussed some time ago here at Isaac Brock. Mike, it would be a useful link to compile that info with a link on the sidebar.
That it might end badly for those who honestly did not know of their US reporting responsibilities is abhorrent and absurd. The long waits for the final US OVDI decision, with no avenue to find out status of how things are proceeding, must be called what it is — undue torture.
@Deckard, Mike & all
It appears there may be a break in the log jam in OVDI.
Our lawyer just contacted us and said that the IRS on their own is moving low liability OVDI participants into Streamlined. He’s not sure what they’re doing with those who actually owe tax yet.
The only year we ever owed the IRS any tax was on the sale of our home ๐
@bubblebustin ….. thank you / keep it coming with those updates ๐
is your lawyer talking about this :
The IRS recently released answers to frequently asked questions (which you may find by clicking here) regarding its new Streamlined filing compliance procedures (“Streamlined”) for US persons who reside outside of the US and are not current on their tax and filing obligations. The FAQs address six questions, three of which resolve important issues:
http://www.mondaq.com/canada/x/230064/tax+authorities/Three+Important+Changes+To+IRS+Streamlined+Filing+Procedures+For+US+Taxpayers+Resident+In+Canada&email_access=on
@ bubblebustin …. i hope you are not getting charged for this phone call ๐