New Jersey Estate Planning, Probate, Tax & Elder Law Center

Your Information source for wills, trusts, estate tax minimization, powers of attorney, living wills, health care directives, special needs trusts, asset protection, charitable giving, guardianship, succession planning, retirement and estate administration.

The legal standard of “willfulness”: Opt out to avoid high penalties

Under IRS Form 1040, at the bottom of Schedule B, Part III, on Page 2, Question 7(a) states: “at any time during the previous year, did you have any interest in or signatory or other authority over a financial account in a foreign country, such as a bank account, a security account, or other financial [...]

Should I close my foreign account?

Suppose you have a foreign bank account holding more than $10,000. You may have inherited it, used it to hide money during a dispute with your spouse or business partner, or just done it on a whim. As you try to justify an easy way out, you might note that the account hardly throws off [...]

Global Enforcement of FATCA: Something to Worry About

The Foreign Account Tax Compliance Act (FATCA) is about disclosure and transparency, but in part is to catch Americans trying to stash money overseas. Controversially, FATCA orders every foreign bank to track down its U.S. account holders, and then share those account holders’ balances and receipts with the IRS.  Uncooperative foreign banks are subject to [...]

Difference between Form 8938 and FBAR Requirements

Comparison of Form 8938 and FBAR Requirements     Many holders of foreign financial assets must file two disclosure forms this year or else risk draconian penalties. They are Form 8938, which is due with the tax return itself, and the Foreign Bank Account report (FBAR), which is due by June 30 to the U.S. Treasury [...]

Checklist of tax forms for taxpayers with foreign assets

This year, there is at least one new tax form for US taxpayers to be aware of: Form 8938: Statement of Foreign Financial Accounts. Since there are a number of sometimes obscure U.S. tax forms that U.S. taxpayers are required to file, we have put together the following checklist to help you keep track of [...]

IRS attempts to demystify its new Form 8938

The IRS has finally attempted to demystify its new Form 8938. Below are some Form 8938 FAQs: Basic Questions and Answers on Form 8938       1. What are the specified foreign financial assets that I need to report on Form 8938? If you are required to file Form 8938, you must report your [...]

A limited opportunity for generous gift tax exclusions

The 2010 Tax Act is scheduled to expire on Dec. 31, 2012, at which time under current law the opportunities afforded under the 2010 Act will be lost. This article explores various tax planning opportunities created under the 2010 Act. Those hoping to make large gifts from their estates have a unique chance to do [...]

More Tax Complexity: New Form 8938

In recent years, the IRS and US Treasury have stepped up their efforts toward tracking down delinquent tax payers and enforcing payment of overdue taxes. One of these initiatives has been labeled the “Foreign Account Tax Compliance Act”. FATCA is part of the Hiring Incentives to Restore Employment (HIRE) Act, which was designed to enforce [...]

Form 8938, FATCA, FBAR and penalties for all (including bankers)

The IRS and US Treasury have stepped up their efforts toward tracking down delinquent tax payers and enforcing payment of overdue taxes. One of these initiatives is the “Foreign Account Tax Compliance Act”. FATCA is part of the Hiring Incentives to Restore Employment (HIRE) Act, which was designed to enforce higher tax compliance among U.S. [...]