The IRS and Obama are
heavily targeting expats or those with overseas holdings. The US Justice Department
recently won a case on behalf of the IRS, requiring a Swiss bank to disclose all account holders who are US citizens.
According to an accountant I know, the IRS started this to capture those US expats who are wealthy and hiding their assets. However, this net can catch those of us who are small fish as well. Even if you are not wealthy, you are potentially at risk if you:
1) are an expat who does not file US tax returns because you think there is no requirement to do so from abroad
2) fail to file the
TDF 90-22.1 form, which discloses your foreign financial accounts (aka the FBAR form). If your foreign accounts (including retirement accounts) totaled at least $10,000 at any time during the tax year, this form needs to be sent to the US Treasury Department. It is easy to complete this form.
It used to be that the IRS would waive penalties for people who claimed they didn't understand the rules. Now they will see it as negligence or tax evasion, and people may face steep penalties. As a result, the IRS is currently offering a voluntary disclosure program. It is running for 6 months ONLY from March 23, 2009. The IRS are looking for the last 6 years disclosure.
If you have a requirement to file either an FBAR or back tax returns, you should consider doing so immediately. Also, there is a process for using the voluntary disclosure program and you cannot just file your returns in the normal way. The returns actually need to be flagged as being VDP and should technically go through the tax attache assigned to your country's US embassy. But if this applies to you, I would check with a cross-border accountant and/or the IRS for guidance. If you call 215-516-2000, you'll reach an IRS agent specifically trained to answer expat questions.
Filing US tax returns is a pain, especially because we also have to file Canadian taxes. But from what I've read, even if the IRS doesn't realize now that an expat isn't filing, it could easily come to their attention if the person goes to renew a US passport, or gains a US inheritance, or applies to collect Social Security at retirement age. I'd rather just do it on a yearly basis rather than face having to do years of back tax returns at once someday. And with these new stiffer penalties, now is definitely the time for expats to get into compliance. The online version of Turbotax has all the forms an expat needs, including the FBAR.
More info
here and
here.