Answers to the Most Frequently Asked Questions Regarding Offshore Voluntary Disclosure Program
As a tax attorney specializing in the Offshore Voluntary Disclosure Program (OVDP), nary a day goes by that I don’t get a call from a person inquiring about the OVDP. The questions asked are relatively the same. After a while, I began to make a list of the most frequently asked questions. Below are my answers to them: (continued)
III. What are some of the criminal charges I might face if I don’t come in under OVDP and the IRS examines me?
Potential criminal charges include:
• Tax evasion: Tax evasion carries a prison term of up to five years and a fine of up to $250,000.
• Filing a false return: Filing a false return carries a prison term of up to three years and a fine of up to $ 250,000.
• Failure to file an income tax return: Failing to file an income tax return carries a prison term of up to one year and a fine of up to $ 100,000.
• Willfully failing to file an FBAR and willfully filing a false FBAR: Failing to file an FBAR carries a prison term of up to ten years and criminal penalties of up to $ 500,000.
Next: Part 3 – IV. What kinds of assets does the 27.5% penalty apply to?
In accordance with Circular 230 Disclosure
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