We originally posted on Thursday, September 18, 2014, "So What Does "Non-Willful" Really Mean Under The Streamlined OVDP?" where we discussed that it appears that whatever Non-Willful means outside of the OVDP streamline program; it is certainly being applied differently in evaluating a Taxpayer’s ability to transition from the OVDP program into this new 2014 streamline program.
We also discussed 2 news reports, both verifying that taxpayers who are currently in the OVDP program are having very little success in proving "non-willfulness" during their requests for transition into the new 2014 streamline procedure.
We then provided a pure guess, in attempt to explain the IRS’ almost like a blanket denial of taxpayer’s proof of "non-willfulness," one may wonder whether the IRS is applying the "high compliance risk" or "low compliance risk" analysis formally associated with the 2012 streamline program to this new 2014 streamline program?
Upon further reflection, until the IRS gives us their specific interpretation of "Non-Willfulness" under the 2014 Streamline Program; you might want to consult the IRS's Internal Revenue Manual (IRM) for guidance!More specifically:
- IRM 4.26.16.4.5.3 FBAR Willfulness Penalty - Willfulness
- IRM 4.26.16.4.5.4 FBAR Willfulness Penalty - Evidence.
This is most likely what the IRS will be consulting in making their determination of whether your clients are "Non-Willful" and qualify
for the 2014 Streamlined OVDP Program!
Need Help Determining
if you qualify for the
2014 Streamlined Program?
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Tax Litigation Attorney?
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Need Help With the OVDP Program?
Contact the Tax Lawyers at
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Toll Free at 888-8TaxAid ((888) 882-9243)
Read more at: Tax Times blog
