IRS Provides Additional Guidance on FBAR, Including Whether to Opt-Out

Yesterday, the IRS posted additional guidance to its Frequently Asked Questions website for the 2011 Disclosure Initiative (http://www.irs.gov/businesses/international/article/0,,id=235699,00.html).  The Service announced that the deadline would be extended for taxpayers who attempted to file by August 31, 2011 but were unable to do so (Q&A 25.1) and that the 5% penalty category of taxpayers had been expanded (Q&A 52).  In addition, the Service also answered the following:

• Under what circumstances might a taxpayer consider opting out of the civil settlement structure of the 2011 OVDI?  (Q&A 51.1)
• Under what circumstances might opting out of the civil settlement structure of the 2011 OVDI be a disadvantage for the taxpayer?  (Q&A 51.2)
• If I opt out of the 2011 OVDI and undergo a regular examination, is there a chance my case could be referred back to Criminal Investigation for penalties or prosecution?  (Q&A 51.3)

The attorneys of Williams Coulson have successfully advised several clients on FBAR matters, including matters related to the 2011 Initiative.  Please do not hesitate to contact Edward P. Wojnaroski, Jr., Stephen J. Pieklik or Brandon P. Smith to discuss any FBAR issues that you may have.