The Form 14653 serves as a Certification by U.S. Persons Residing Outside of the United States for Streamlined Foreign Offshore Procedures. It is a critical document for individuals who need to report delinquent or amended income tax returns, including all necessary information returns for the most recent 3 years where the U.S. tax return due date has passed. This form helps to rectify issues related to the failure of reporting income, paying tax on time, and submitting required information returns, including the Report of Foreign Bank and Financial Accounts (FBARs), due to non-willful conduct.
In the realm of U.S. tax compliance for residents living abroad, Form 14653 plays a crucial role. Issued by the Department of the Treasury - Internal Revenue Service, this form specifically aids U.S. persons living outside the United States in navigating the Streamlined Foreign Offshore Procedures. Its purpose is to certify that the individual has fulfilled the necessary requirements to rectify any omissions or errors in reporting foreign financial assets and income. This includes providing amended or delinquent tax returns for the most recent three years and reporting any unreported income from foreign financial assets. The form requires detailed disclosures, including the tax and interest owed for each year, reasons for the failure to report income, and compliance with non-residency requirements. Additionally, it encompasses the certification of filing delinquent Foreign Bank and Financial Accounts Reports (FBARs) for the requisite period. Form 14653 emphasizes the difference between non-willful and willful conduct, stressing that penalties may apply if evidence of the latter is discovered. It also highlights the taxpayer’s commitment to retain and provide financial records upon request and acknowledges the potential consequences of submitting amended returns. For joint filers, it necessitates detailing each spouse's compliance separately, if applicable. This form thus represents a comprehensive declaration of compliance under the streamlined procedures, intended for U.S. residents abroad seeking to correct past tax missteps without facing the steepest consequences.
Form 14653
(October 2017)
Department of the Treasury - Internal Revenue Service
Certification by U.S. Person Residing Outside of the United
States for Streamlined Foreign Offshore Procedures
OMB Number
1545-2241
Name(s) of taxpayer(s)
TIN(s) of taxpayer(s)
Telephone number
Mailing address
City
State
ZIP code
Note: If this certification is a joint certification, the statements will be considered made on behalf of both spouses, even though the pronoun "I" is used. If spouses submitting a joint certification have different reasons for their failure to report all income, pay all tax, and submit all required information returns, including FBARs, they must state their individual reasons separately in the required statement of facts.
Certification
I am providing delinquent or amended income tax returns, including all required information returns, for each of the most recent 3 years for which the U.S. tax return due date (or properly applied for extended due date) has passed. The tax and interest I owe for each year are as follows
Year
(list years in order)
Amount of Tax I Owe Shown On
(Form 1040 or Form 1040X)
Interest
Total
Note: Your payment should equal the total tax and interest due for all three years. You may receive a balance due notice or a refund if the tax or interest is not calculated correctly.
I failed to report income from one or more foreign financial assets during the above period.
I meet all the other eligibility requirements for the Streamlined Foreign Offshore procedures.
If I failed to timely file correct and complete FBARs for any of the last six years, I have now electronically filed those FBARs.
I agree to retain all records related to my income and assets during the period covered by my delinquent or amended returns until three years from the date of this certification. If I was required to file delinquent FBARs in accordance with these procedures, I also agree to retain all records (including, but not limited to, account statements) related to my foreign financial accounts until six years from the date of this certification. Upon request, I agree to provide all such records to the Internal Revenue Service.
My failure to report all income, pay all tax, and submit all required information returns, including FBARs, was due to non-willful conduct. I understand that non-willful conduct is conduct that is due to negligence, inadvertence, or mistake or conduct that is the result of a good faith misunderstanding of the requirements of the law.
I acknowledge the possibility that amended income tax returns I am submitting under the Streamlined Foreign Offshore Procedures may report income for tax years beyond the three-year assessment limitations period under I.R.C. § 6501(a). Other assessment limitations periods in I.R.C. § 6501 may allow the Internal Revenue Service to assess and collect tax. If I seek a refund for any tax or interest paid for the omitted income that I am reporting on my amended income tax returns because I feel that my payments were made beyond the assessment limitations period, I understand that I will forfeit the favorable terms of the Streamlined Procedures.
I recognize that if the Internal Revenue Service receives or discovers evidence of willfulness, fraud, or criminal conduct, it may open an examination or investigation that could lead to civil fraud penalties, FBAR penalties, information return penalties, or even referral to Criminal Investigation.
I meet the non-residency requirements for the Streamlined Foreign Offshore procedures as disclosed below.
Note: Both spouses filing a joint certification must meet the non-residency requirements.
Complete one of the following (two) sections regarding your residency status
If you are a U.S. citizen or lawful permanent resident (i.e., “green card holder”), complete this section:
For the covered tax period, indicate whether you were physically outside the United States for each year. You must have been physically outside the U.S. for at least 330 full days in any one or more of the most recent three years for which the U.S. tax return due date (or properly applied for extended due date) has passed, and you must not have had a U.S. abode. For more information on the meaning of “abode” see IRS Publication 54.
Catalog Number 67042A
www.irs.gov
Form 14653 (Rev. 10-2017)
Page of
I was physically outside the United States for at least 330 full days (answer Yes or No for each year)
Yes
No
Both spouses filing a joint certification must meet the non-residency requirement. If the number of days physically outside of the U.S. differs for each spouse, disclose that on the chart above or in an attachment to this certification.
If you are not a U.S. citizen or lawful permanent resident, complete this section:
If you are not a U.S. citizen or a lawful permanent resident, please attach to this certification your computation showing that you did not meet the substantial presence test under I.R.C. sec. 7701(b)(3). Your computation must disclose the number of days you were present in the U.S. for the three years included in your Streamlined Foreign Offshore Procedures submission and the previous two years. If you do not attach a complete computation showing that you did not meet the substantial presence test, your submission will be considered incomplete and your submission will not qualify for the Streamlined Foreign Offshore Procedures.
Both spouses filing a joint certification must meet the non-residency requirement. If the number of days inside the U.S. differs for each spouse, disclose that on the chart above or in an attachment to this certification.
Note: You must provide specific facts on this form or on a signed attachment explaining your failure to report all income, pay all tax, and submit all required information returns, including FBARs. Any submission that does not contain a narrative statement of facts will be considered incomplete and will not qualify for the streamlined penalty relief.
Provide specific reasons for your failure to report all income, pay all tax, and submit all required information returns, including FBARs. Include the whole story including favorable and unfavorable facts. Specific reasons, whether favorable or unfavorable to you, should include your personal background, financial background, and anything else you believe is relevant to your failure to report all income, pay all tax, and submit all required information returns, including FBARs. Additionally, explain the source of funds in all of your foreign financial accounts/assets. For example, explain whether you inherited the account/asset, whether you opened it while residing in a foreign country, or whether you had a business reason to open or use it. And explain your contacts with the account/asset including withdrawals, deposits, and investment/ management decisions. Provide a complete story about your foreign financial account/asset. If you relied on a professional advisor, provide the name, address, and telephone number of the advisor and a summary of the advice. If married taxpayers submitting a joint certification have different reasons, provide the individual reasons for each spouse separately in the statement of facts. The field below will automatically expand to accommodate your statement of facts.
Under penalties of perjury, I declare that I have examined this certification and all accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete.
Signature of Taxpayer
Name of Taxpayer
Date
Signature of Taxpayer (if joint certification)
Name of Taxpayer (if joint certification)
For Estates Only
Signature of Fiduciary
Title of Fiduciary (e.g., executor or administrator)
Name of Fiduciary
For Paid Preparer Use Only (the signature of taxpayer(s) or fiduciary is required even if this form is signed by a paid preparer)
Signature of Preparer
Name of Preparer
Firm’s name
Firm’s EIN
Firm’s address
PTIN
Check if
Self-Employed
Do you want to allow another person to discuss this form with the IRS
Yes (complete information below)
Designee’s name
Privacy Act and Paperwork Reduction Notice
We ask for the information on this certification by U.S. person residing in the United States for streamlined domestic offshore procedures to carry out the Internal Revenue laws of the United States. Our authority to ask for information is sections 6001, 6109, 7801, 7803 and the regulations thereunder. This information will be used to determine and collect the correct amount of tax under the terms of the streamlined filing compliance program. You are not required to apply for participation in the streamlined filing compliance program. If you choose to apply, however, you are required to provide all the information requested on the streamlined certification. You are not required to provide the information requested on a document that is subject to the Paperwork Reduction Act unless the document displays a valid OMB control number. Books or records relating to a document or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. Section 6103, however, allows or requires the Internal Revenue Service to disclose or give this information to others as described in the Internal Revenue Code. For example, we may disclose this information to the Department of Justice to enforce the tax laws, both civil and criminal, and to cities, states, the District of Columbia, and U.S. commonwealths or possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. Failure to provide this information may delay or prevent processing your application. Providing false information may subject you to penalties. The time needed to complete and submit the streamlined certification will vary depending on individual circumstances. The estimated average time is: 8 hours
Filing out Form 14653 is a necessary step for U.S. persons residing outside the United States who are utilizing the Streamlined Foreign Offshore Procedures. This form serves as a certification by the individual that their failure to report income, pay taxes, and file required information returns—including FBAR—was due to non-willful conduct. Non-willful conduct is understood as a result of negligence, inadvertence, or mistake, or as a consequence of a good faith misunderstanding of the law. Here's how to complete the form:
Once you've completed these steps, review the form to ensure all information is accurate and truthful, then proceed with submitting it as part of the Streamlined Foreign Offshore Procedures. Doing so correctly is crucial for compliance and to potentially avoid penalties associated with failure to report foreign financial assets and income.
What is Form 14653?
Form 14653, also known as the Certification by U.S. Person Residing Outside of the United States for Streamlined Foreign Offshore Procedures, is a document used by taxpayers living abroad to certify their compliance with U.S. tax laws, specifically when they are submitting delinquent or amended tax returns under the IRS streamlined procedures. This form helps taxpayers declare that their failure to report income, pay taxes, or submit required information returns, including FBARs, was due to non-willful conduct.
Who needs to fill out Form 14653?
Any U.S. citizen or lawful permanent resident (green card holder) living outside the United States who needs to submit delinquent or amended tax returns, including all required information returns, for the most recent three years and who has failed to report income from foreign financial assets during this period. Both spouses must meet the eligibility criteria and non-residency requirements if they are filing a joint certification.
What information do I need to provide on Form 14653?
You need to list your name(s), Taxpayer Identification Number(s) (TINs), telephone number, mailing address, city, state, and ZIP code. Additionally, for each of the most recent three years for which U.S. tax returns were due, you must state the amount of tax and interest owed. It is also necessary to certify non-willfulness in failing to report all income, pay all tax, and submit all required returns, including FBARs. The form also requires you to meet non-residency requirements and provide a detailed account of the reasons behind your compliance failures.
How do I meet the non-residency requirement on Form 14653?
If you are a U.S. citizen or lawful permanent resident, you need to have been physically outside the United States for at least 330 full days in any one or more of the three years for which the U.S. tax return due date has passed. If you are not a U.S. citizen or lawful permanent resident, you must attach a computation showing you did not meet the substantial presence test according to I.R.C. sec. 7701(b)(3).
Can both spouses use the same Form 14653 for a joint certification?
Yes, spouses can submit a joint certification, but they must both meet the eligibility and non-residency requirements. If they have different reasons for their compliance failures, these must be stated individually in the required statement of facts.
What happens if I don't accurately calculate the tax or interest due on Form 14653?
If the tax or interest is not calculated correctly, you may receive a balance due notice or a refund. It's important to ensure that the total tax and interest due for all three years is accurately reported to avoid discrepancies and potential issues with the IRS.
What is the significance of the statement of facts on Form 14653?
The statement of facts is a crucial part of Form 14653 as it provides the taxpayer an opportunity to explain the specific reasons behind their failure to comply with tax laws, including the failure to report all income, pay all tax, and submit all required information returns. A complete narrative including both favorable and unfavorable facts must be provided to qualify for the streamlined penalty relief.
What are the possible consequences of willful conduct discovered after submitting Form 14653?
If the IRS receives or discovers evidence of willfulness, fraud, or criminal conduct after you submit Form 14653, it may lead to an examination or investigation. This could result in civil fraud penalties, FBAR penalties, information return penalties, or even referral to Criminal Investigation. Hence, it is essential to ensure that your conduct was non-willful before submitting this form.
What should I do if I have relied on professional advice for my tax matters?
If your compliance failures were based on professional advice, you should provide the name, address, and telephone number of the advisor, along with a summary of the advice given, on Form 14653. This information is part of the required statement of facts and helps support your claim of non-willful conduct.
Filling out Form 14653, the Certification by U.S. Person Residing Outside of the United States for Streamlined Foreign Offshore Procedures, is crucial for Americans living abroad to rectify past tax mistakes. Mistakes on this form can derail the entire process, leading to delays, penalties, or even investigations. Here are nine common mistakes people make while completing this form.
One major error occurs when individuals do not fully report the tax and interest owed for each of the last three years. It's essential to list the specific amounts for each year accurately, ensuring that the total payment matches the combined sum of taxes and interests due.
Another common mistake is failing to adequately describe the reasons for not reporting income from foreign financial assets. The form requires a detailed explanation of why income was not reported, including all relevant facts, both favorable and unfavorable. A vague or incomplete narrative can lead to the rejection of the streamlined process application.
Many applicants overlook the requirement to electronically file delinquent Foreign Bank and Financial Accounts Reports (FBARs) for the last six years. This step is just as crucial as submitting the amended income tax returns and must not be skipped.
Additionally, individuals often mistakenly believe that non-willful conduct only refers to unintentional oversight. However, the IRS definition also includes negligence, mistake, or a misunderstanding of the law’s requirements in good faith. Therefore, it's important to clearly communicate the reasons behind the failure to meet tax obligations, highlighting the lack of willful neglect.
Residency mistakes are also common. For U.S. citizens or lawful permanent residents, failing to accurately document that they were physically outside the United States for at least 330 full days in any one of the three years can be an issue. The IRS requires precise counts, and any misrepresentation or error in counting can invalidate the certification.
Non-U.S. citizens or residents often submit incomplete information regarding the substantial presence test. It is essential to provide detailed computations showing the number of days present in the U.S. to validate non-residency status. An incomplete or missing computation will result in the application being considered incomplete.
Errors in joint certifications occur when spouses do not correctly disclose their individual situations if they have different reasons for failing to meet their tax obligations. Each spouse’s unique reasons must be verifiably stated, with separate detailing if their circumstances or reasons for non-compliance differ.
Failure to retain and agree to provide all necessary records relating to income and foreign financial accounts is another overlooked requirement. Applicants must acknowledge their commitment to retain these documents for the specified period and furnish them upon the IRS’s request.
Last but not least, assuming eligibility without carefully reviewing all requirements leads to mistakes. Before filling out Form 14653, individuals should thoroughly verify that they meet every criterion for the Streamlined Foreign Offshore Procedures, including tax non-compliance due to non-willful conduct and the fulfillment of non-residency requirements.
Avoiding these common errors and approaching Form 14653 with attention to detail and comprehensive preparation can significantly streamline the process of reconciling past tax issues. It ensures that those living abroad can correct their mistakes in a manner that is both efficient and compliant with IRS guidelines.
When individuals residing outside of the United States seek to utilize the Streamlined Foreign Offshore Procedures by submitting Form 14653, there are several other documents and forms that often accompany this submission. These additional pieces are crucial for ensuring the completeness and accuracy of the application under these procedures. Understanding the purpose and requirement of each can significantly streamline the compliance process for taxpayers.
The journey through the Streamlined Foreign Offshore Procedures demands meticulous attention to detail and thorough documentation. By compiling Form 14653 alongside these key forms and documents, taxpayers can more effectively navigate the complexities of correcting past mistakes with the IRS. It's a pathway designed to encourage compliance while minimizing penalties for honest errors, aiming to bring U.S. taxpayers residing abroad back into full compliance with U.S. tax laws.
The Form 14653 serves as a Certification by U.S. Person Residing Outside of the United States for Streamlined Foreign Offshore Procedures. A similar document in function and purpose is the Form 8938, Statement of Specified Foreign Financial Assets. Both forms require the disclosure of foreign financial accounts and assets to ensure compliance with U.S. tax laws. However, Form 8938 is mandatorily filed with an annual income tax return if the total value of specified foreign financial assets exceeds certain thresholds, while Form 14653 is specifically for taxpayers utilizing the Streamlined Foreign Offshore Procedures to rectify previous failures to report.
Another document that complements the objectives of Form 14653 is the FBAR (FinCEN Form 114, Report of Foreign Bank and Financial Accounts). While Form 14653 focuses on the certification of tax compliance for individuals participating in the Streamlined Foreign Offshore Procedures, the FBAR mandates taxpayers to report their foreign account holdings if the total value exceeds $10,000 at any time during the calendar year. Despite different filing mechanisms, both forms aim to promote financial transparency and compliance with U.S. tax obligations on global income and assets.
Form 1040X, Amended U.S. Individual Income Tax Return, also shares similarities with Form 14653. Taxpayers use Form 1040X to amend previously submitted tax returns, which is a component of the Streamlined Foreign Offshore Procedures addressed in Form 14653. While Form 1040X deals with correcting inaccuracies across a wide array of tax situations, Form 14653 specifically focuses on amending prior mistakes related to the underreporting of foreign income and assets.
Last is the Form 2555, Foreign Earned Income, which relates to Form 14653 in its focus on foreign elements of U.S. taxation. Form 2555 is used by taxpayers to claim the Foreign Earned Income Exclusion and/or the Foreign Housing Exclusion or Deduction, aiming to avoid double taxation of income earned abroad. Whereas Form 14653 is involved in the streamlined process to correct past reporting oversights regarding foreign income, Form 2555 is a proactive measure to manage tax liabilities for U.S. citizens or residents earning money outside the country.
When filling out Form 14653, it's crucial to ensure accuracy and completeness to qualify for the Streamlined Foreign Offshore Procedures. Here are 5 do's and don'ts to guide you through the process:
When navigating the complexities of IRS Form 14653, it's easy to stumble over a plethora of misconceptions. This form, crucial for U.S. persons living abroad to participate in the Streamlined Foreign Offshore Procedures, requires careful handling. Here, we debunk some common myths to guide you through the process confidently.
Myth 1: Form 14653 is only for tax evaders. Many assume this form is a trap for those who intentionally evaded taxes. However, it’s actually designed for individuals whose failure to report foreign financial assets and income was non-willful—meaning it resulted from a misunderstanding or oversight, rather than deliberate evasion.
Myth 2: If I fill out Form 14653, I'm guaranteed to face penalties. This misunderstanding could not be further from the truth. The Streamlined Foreign Offshore Procedures aim to provide people who made honest mistakes with a way to come into compliance without facing harsh penalties. This form actually helps to minimize or eliminate penalties for eligible taxpayers.
Myth 3: I don’t need to provide a detailed narrative. Some individuals believe that simply checking boxes or providing minimal information is sufficient. However, a critical component of Form 14653 is a thorough narrative explaining the circumstances leading to the non-compliance. It's crucial to include all relevant details about your foreign financial assets, your personal and financial background, and reasons for failure to report, to ensure a complete and accurate submission.
Myth 4: I can use Form 14653 even if I’m a U.S. resident. This form is specifically for U.S. citizens or green card holders who reside outside the United States. It's part of the Streamlined Foreign Offshore Procedures, which are distinctly designed for non-residents. U.S. residents who need to address similar issues must explore the Streamlined Domestic Offshore Procedures.
Myth 5: Once I submit Form 14653, I can’t be audited. Submission of Form 14653 and participation in the Streamlined Foreign Offshore Procedures doesn't grant immunity from future audits. While the form does help rectify past non-compliance with reduced or no penalties, the IRS can still select your returns for audit based on the usual selection processes and if there's evidence of willfulness, fraud, or criminal conduct.
Understanding these nuances ensures that eligible U.S. persons residing abroad can navigate Form 14653 and the Streamlined Foreign Offshore Procedures more effectively, correcting past mistakes with confidence and clarity.
Filling out and using Form 14653, the Certification by U.S. Person Residing Outside of the United States for Streamlined Foreign Offshore Procedures, requires careful attention to detail and adherence to specific IRS rules and regulations. Below are seven key takeaways to guide individuals through this process:
It's vital for individuals to fill out this form with precision and honesty to ensure compliance with IRS rules and to take advantage of the streamlined filing compliance procedures designed to help U.S. persons living abroad correct past oversights without facing undue penalties.
Blank Ada Claim Form - Constructed to allow for claims involving occupational illness/injury or accidents, tailoring the insurance response.
Da From - Includes sections for personal and contact information for the requestor.
Dhs 38 Verification of Employment - Data on insurance coverage options available to the employee, along with enrollment status, is required.