Liberty and justice for all United States persons abroad

The Isaac Brock Society

The dog ate my homework: Using IRS’ own strategies to file one’s tax returns

Posted on by Posted in Issues regarding US persons abroad 2 Comments

Zerohedge offers US expats a new strategy for filing:

Just remember, the US courts have decided on the basis of the Required Records Doctrine that you can’t plead the 5th Amendment with regard to the FBAR. Of course, FATCA obliterates your 4th Amendment and Canadian Charter Rights as well. Could this be hypocrisy?

2 thoughts on “The dog ate my homework: Using IRS’ own strategies to file one’s tax returns”

  2. And keep in mind that under Treasury regulations for the Bank Secrecy Act, shredding a bank statement from four years and eleven months ago is a crime just like failing to file an FBAR:
    http://www.law.cornell.edu/cfr/text/31/1010.420

    Records of accounts required by § 1010.350 to be reported to the Commissioner of Internal Revenue shall be retained by each person having a financial interest in or signature or other authority over any such account. Such records shall contain the name in which each such account is maintained, the number or other designation of such account, the name and address of the foreign bank or other person with whom such account is maintained, the type of such account, and the maximum value of each such account during the reporting period. Such records shall be retained for a period of 5 years and shall be kept at all times available for inspection as authorized by law.

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