Thursday, August 28, 2014

A very basic question came to mind. Both OVDP and SDOP are voluntary programs. Given the voluntary nature of these programs,doing a QD will bring the taxpayer into compliance. Correct?

IRS asks a NW taxpayer to enter SDOP and pay 5% as a penalty. In return what is the taxpayer getting for entering the program versus if the same taxpayer had done a QD?
In other words, what is the penalty buying the taxpayer?
A QD will bring a taxpayer in compliance. However, the programs offered by the IRS gives some certainty. Even though streamlined submissions are still subject to audit, I doubt that many will be audited.
The QD is more uncertain. The IRS says that it is looking for QDs that report of foreign bank income and change the Schedule B foreign bank question to yes and for filings of delinquent or amended FBARs. So, the chances of audit may be greater.
But for most taxpayers who are nonwillful, their FBAR penalties are likely not going to be great if audited, so a QD might be the way to go, particularly if they are willing to accept a possible higher risk of audit.

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