FBAR – Form TD F 90-22.1

*In FBAR FAQ #26 (posted on 6/24/09), the IRS confirmed that the revised version of Form TD F 90-22.1 (revised October 2008) should be used to report foreign accounts (including prior delinquent years):

If I had an FBAR reporting obligation for years covered by the voluntary disclosure, what version of the Form TD F 90-22.1 should I use to report my interests in foreign accounts?

Taxpayers should use the current version of Form TD F 90-22.1, (revised in October 2008), to file delinquent FBARs to report foreign accounts maintained in prior years. The taxpayer may, however, rely on the instructions for the prior version of the form (revised in July 2000) for purposes of determining who must file to report foreign accounts maintained in 2008 and prior calendar years.

Although the FBAR was revised in October 2008, IRS News Release IR-2009-58 (June 5, 2009) and IRS Announcement 2009-51, both available at the IRS website, permit the use of the definition of “United States person” in the prior version of the FBAR in determining who must file FBARs that are due on June 30, 2009. Accordingly, for all FBARs that are due in the current and prior years, the term “United States person” means (1) a citizen or resident of the United States; (2) a domestic partnership; (3) a domestic corporation; or (4) a domestic estate or trust.

With regard to interest charged (on penalties) under FAQ #36, the IRS confirmed:

1. For accuracy-related and delinquency penalties, interest runs from the due date of the Form 1040 (tax return) at issue.

2. For all other penalties, interest runs from the date of the assessment of the penalty.

*The IRS updated the FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) – Filing Requirements on August 3, 2012.

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